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Home My WebLink About06/08/1978 - Regular Minutes City CouncilMINUTES Regular City Council Meeting June 8, 1978 7:00 P.M. MEMBERS PRESENT: Mayor Bravenec; Councilmen Ringer, Halter, Hazen; Adams, Boughton, Dozier; Student Liaison DuBois; City Manager Bardell; City Engineer Ash; City Planner Mayo; Community Development Planner Callaway; Graduate Design Engineer Fees; Building Official Koehler; Interim Director of Parks and Recreation Czimskey; City Attorney Lewis MEMBERS ABSENT: None VISITORS PRESENT: See guest register .Agenda Item No. 1 -- Approval of minutes of previous meetings. Mayor Bravenec indicated that the following corrections be made in the minutes of May 24, 1978: Councilman Adams was absent. Agenda Item No. 4-- the wording be changed to read: "Councilman Dozier moved that the staff reserach and review the tapes". Mayor Bravenec indicated that the following corrections be made in the minutes of May 25, 1978: Agenda Item No. 6-- correction in the spelling of precedents. Agenda Item No. 7 -- strike out the sentence, "Mayor Bravenec commented that after five years there will be no more bond indebtedness and more savings will be passed to the customers at that time." This is incorrect as there will still be bond indebtedness at that time, but because two reserves will have been accumulated to repay the bonds relating to the Gulf States connections, electric notes at that time will no longer have to reflect such a large bond amortization factor. Agenda Item No. 10-- Distribution of funds from community development were reversed. The revision of goals actually reflected 65% for home owners and 35% for rentals. Councilman Halter moved that the minutes be accepted as revised. Councilman Boughton seconded the motion. The motion passed unanimously. Agenda Item No. 2 -- Hear visitors. Richard Griffin, 1201 Cuadill, asked about the Holik tract park. Mayor Bravenec indicated that this would be on the agenda of ~he next Council meeting. Councilman Ringer said that the Parks & Recreation Committee planned to discuss this at their Tuesday meeting. Page 2 MINUTES, Regular City council MeetingJune 8, 1978 7:00 P.M. . . uestion of rezonin~ 2_ tracts ~ blic hea A enda I mf la~d t~~s~,enue a~he East - · nd b~ded bY T~ouse Distrmc~ ~-~ .... - Residential Distriu~ - tion. City Planner ~yo gave background information on the 8.61 acres under consideration Council~n Adams ~de a motion that the matter be tabled until the developer could meet with the residents affected by the rezoning- Councilman Halter pointed out that the motion was out of order since a public hearing had been called- ~yor Bravenec said the public hearing had not yet been opened. Councilman Halter seconded the motion made by Co~cilman Ad~s. Councilman Dozier suggested that the public hearing be opened since representa- tives from the developers and the residents were present- Council~n Adams withdrew his motion- Council~n Halter withdrew his second- ~yor Bravenec opened the public hearing. . ruse Corpo - ~rs' standpoint, the tract of Ron Cruse, of the C .... +he lenders'and plann~ u~ indicated that the to~ ration, spoke in favor ~f the rezoning ordinance ented that, zru~ ' 1 elo men~. ~= ~erc~a~ He co~ ~ r residentma dev ~P~= ~'dential and the co land is unsuitable fo . ==~ zone between u~= houses would act as a district. A1 Boreman, 113 Mile Drive, spoke against the rezoning- He co~ented tha~ the 100 feet was inadequate to keep up the valuation of his and his neighbors property- Mayor Bravenec declared the public hearing closed- Counci~an Adams moved that the matter be tabled until the develo~r could meet with the residents affected by the rezoning to try and reach an agreement suitable to both parties. councilman Halter seconded the motion- The motion passed unanimously' spoke on the street Mike Murphy, Associate Professor at Texas A&M University, tree plan. He indicated that the plan was a guideline- If the city approved and wanted to pursue the plan, then the Texas Highway Department would decide it IE '0 MINUTES, Regular City Council Meeting June 8, 1978 7:00 P.M. Page 3 Councilman Halter moved that the plan be accepted and that the Council give a vote of approval to Mr. Murphy and his students. Councilman Dozier seconded the motion. The motion passed unanimously. Agenda .It.em. No.. 6 -- Cons.i.d. eration of Sta. te Depar.t.m.e..n.t o.f Highways and P..ublic. Transportation. M.inute Ord. er No...74451 .c.oncer.ni. ng exte_nsion of F,M. 6.0 Ea.s.t to F.M. 158. Councilman Dozier moved that Mayor Bravenec be authorized to sign an agreement with the State Department of Highways and Public Transportation for the extension of F. M. 60 East to F. M. 158. Councilman ~lter seconded the motion. The motion passed by the following vote: FOR: Mayor Bravenec; Councilmen Boughton, Dozier, Halter, Adams. AGAINST: Councilmen Ringer, Hazen Agenda. Item No. 7 --. Discussion o.f propos.ed a§.ree, ment w. ith .T..exa.s A & .M Uniye. rsitM. Councilman Dozier moved that the Mayor be authorized to execute the contract with Texas A & M University; subject to the rewording and additions discussed. Councilman Halter seconded the motion. Mayor Bravenec and City Attorney Lewis will work on the suggestions for re- vision, using correct terminology. The motion passed unanimously. _Agend.a :Item ..No.8 .-- Cons.i.dera.t.ion of bui.lding permi.ts .at 802 .a.nd .808. Aber.deen Street. William Koehler, Building Inspector, presented background information raising a question of the projects conformity with single family zoning in the area, He indicated that there was substantial conflict,..as it seemed to be a part of a large scale development. William B. Lancaster, 303 Dexter, took exception to the non-conforming use terminology. He said he did not run a boarding house and had brought his rental units into compliance with city regulations. He indicated that the student renters had formed cooperatives, Dwayne Cote, 304 Dexter, presented a petition with some 75 signatures of neighborhood residents asking the Council to deny the permits, Rodney Hill, 119 Lee Avenue S., spoke in opposition to the building permits. Jerry Cooper, 602 Bell, spoke in favor of the building permits, urging Council to grant Mr. Lancaster's request, Percy Mims, 501 Dexter, spoke in opposition of the building permits being MINUTES, Regular City Council Meeting June 8, 1978 7:00,P.M. Page 4 granted. He urged the Council to look at the entirety of Lancaster Place and see it as a business operation. Mark Fields, Texas A&M University student, spoke in support of the issuance of the permits. Mike Sizemore spoke in support of the building permits being granted. John Otts, Highway 6 South, owner of property on Lee and Dexter Streets, spoke in support of the issuance of the permits. Mrs. E. B. Reynolds, 200 Pershing, spoke in favor of the permits. She also questioned building permit intentions at 203 SuffolR. Councilman Hazen moved that the permits be issued, and that City Attorney Lewis and Building Official Koehler look at the Lancaster operation to see if there is a violation of single family zoning. She asked for a report on this matter. Councilman Boughton seconded the motion. The motion passed unanimously. Mayor Bravenec called a short intermission. Councilman Halter reconvened the session. Agenda .Item .No... 9--Consideration of a prel.imin, ary plat- ..... Sunrise Place located north o.f arid. , adjacent_ to. F.M.' _2818. and approximately 1000 feet west of Southwood Drive. City Planner Mayo explained and commented on the Sunrise Place preliminary plat. He indicated that the primary objection of the Planning and Zoning Commission and residents were the flood plain. However, Planning and Zoning recommended approval of the preliminary plat, as it was in compliance with the ordinance regulations. Councilman Dozier moved that the Council accept the preliminary plat with the recommendation of the Planning and Zoning Commission. Councilman Ringer seconded the motion. The motion passed by the following vote: FOR: Councilman Dozier, Ringer, Boughton, Adams AGAINST: Mayor Bravenec; Councilmen Halter, Hazen Agenda Item No.; 10 -- Consideration of a .final plat.- Parkway .Plaza Phase .located at the int~.rsecti~n o.f T. exa. s Ayenu. e and Sout.hwes.t Parkway_. Mayor Bravenec and Councilmen Halter and Hazen asked for consideration of the plat. Councilman Dozier moved that the final plat of Parkway Plaza Phase 6 be accepted. Councilman Hazen seconded the motion. The motion passed unanimously. MINUTES, Regular City Council Meeting June 8, 1978 7:00 P.M. Page 5 Agenda I.t.em No. 11 -- C.onside.ratio.n o_f a revise_d preliminary plat - Quail Run Estates 'located in the Extra. territor, ia.1 Jur. isdic.tio.n o.ff ,Pow_ling Road. Mayor Bravenec and Councilmen Halter and Hazen asked for consideration of this plat. After a short discussion involving possible utilities service and possible annexation, Councilman Halter moved that the preliminary plat be accepted. Councilman Boughton seconded the motion. The motion passed unanimously. Councilman Dozier requested that staff develop a recommendation on an Extension Ordinance, that would remedy rooming house problems. City Manager Bardell indicated that Staff would need at least two weeks for this. Agenda .Item No:. 12.--.Or.her Busin. ess.: Councilman Adams questioned the issue of vendors selling wares along the right-of-way of Texas Avenue. City Manager Bardell indicated that they were not actually on public property to his knowledge, but he would check into it. He further indicated that some vendors had agricultural exemptions and did not need permits. Agenda I.tem. No. 13 -- Closed Session to consider land acquisit.ion, pending .litigation .and. p'e~son~el. ' ...... Mayor Bravenec called the council into closed session. The Council reconvened for action on closed session items. Councilman Dozier moved that City Attorney Lewis check into allegations of transformer malfunction causing damage to Kentucky Fried Chicken store on 110 Dominik Drive and see if the business had made recent equipment purchases that might cause an overload on their circuits. Councilman Halter seconded the motion. The motion passed unanimously. Agenda Item.,No. 14 -- Adjourn. Mayor Bravenec declared the meeting adjourned. ROVED / Mayor ATTEST City Secretary OZ4S RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF T}{E CITY OF COLLEGE STATION' SECTION 1~ That the certain agreement dated May 25, 1978... __ between the State of Texas and the City of College Station, for the instailation, con- struction, existence, use, operation, and maintenance of certain highway flashing beacons mt the location shown on EXHIBIT 1, attached hereto and made a part hereof, in the City of College Station,. be and the same is hereby approved, and L0rence L. Braye~ec.. Mayor_is_ hereby authorized to execute said contract on b~-haif "0~-' said city and to transmit the same'to the State of Texas for appropriate action. SECTION 2. That this Resolution shall take effect immediately upon its passage. ADOPTED' Mayor ATTEST ' Secre ta.r~ / City -- Clerk APPROVED AS TO FORM' .. City A~to~'ney RESOLUTION (TRAFFIC SIGNAL) 0Z4S7 Regular City Coucil Meeting June 8, 1978 7:00 P. M, 20. 21. 22. 31. 32. 15. ~ t 33. . 16. ~', L'~--X_ d~ ~ 34. P E T I T I 0 N of Tract B Ill , _ - _ . ' ...... We, the undersigned, are opposed to the rezoning of ~ parcel of l~nd from Single Family Residential District R-1 to General Commercial District C-1. The tract in question is 6.00 acres of l~nd located south of end adjacent to TRACT A, at the inter- section of the East Bypass, West Feeder Road and Tex~s Avenue. We, the undersigned, purchased or built our homes with the consideration thet the tract of land in question was zoned Single Residential District R-1 ~nd request thet it remain the same. Property Owners are: Omer Everett, Jr. 106 Mile Drive Wade L. Griffin, Sr. 108 Mile Drive Dusne Dick ll2 Mile Drive James H. Killough, Jr. ll4 Mile Drive Patrick Thompson ll6 Mile Drive J. P. Watson 107 Mile Drive Hugh Lewis 109 Mile Drive Alvin Bormann, Jr. ll3 Mile Drive Darrel Davis ll5 Mile Drive Gloria Palazzo ll7 Mile Drive Charles Cemino, Sr. 121 Mile Drive i EIV ED , ('.",IT~' Or Ct_;LLr---G~ 51A'i'iON I B'f-_ .... ' ..... L:.-'--~ P E T I T I 0 N of Tract A We, the undersigned, are opposed to the rezoning of a parcel of land from Single Family Residential District R-1 to Townhouse- Rowhouse District R-3. The tract in question is 2.61 acres of land located east of and adjacent to Texas Avenue approximately 500 feet north of the intersection of Texas Avenue and the East Bypass, West Feeder Road, and approximately 200 feet south of Mile Drive. We, the undersigned, purchased or built our homes with the consideration that the tract of land in question was zoned Single Residential District R-1 and request that it remain the same. Property Owners are: Omer Everett, Jr. 106 Mile Drive Wade L. Griffin, Sr. 108 Mile Drive Duane Dick ll2 Mile Drive James H. Killough, Jr. ll4 Mile Drive Patrick Thompson ll6 Mile Drive J. P. Watson 107 Mile Drive Hugh Lewis 109 Mile Drive Alvin Bormann, Jr. ll3 Mile Drive Darrel Davis ll5 Mile Drive Gloria Palazzo ll7 Mile Drive Charles Cemino, Sr. 121 Mile Drive June 5, 1978 Mr. Lorence L. Bravenec Mayor, City of College Station College Station, Texas 77801 Dear Sir- We, the undersigned residents of Kyle Street~ are taking this means of bringing to your attention, and that of the members of the City Council, a situation which exists regarding our homes and two Drive-In Eating Establish- ments, Pepe's and Danver's Restaurant located on property immediately adjacent to our property but fronting on Dominik Street. We feel that both of these places violate Zoning Ordinance 850 in a number of ways. Specifically- Sec 6-J- relating to Screening Danvers was allowed to open several weeks ago without the required fence. We have been told by Mr. Miller and officials at City Hall that material for the fence has been ordered but not yet received. The building was under construction for months so that excuse sounds a bit thin. Section 6-M Enviromental Regulations 6 M.1. (a) "Gases detectable beyond the perimeter of the property." The combined odor from these two places is almost unbelievable, especially on nice, clear days with a prevailing south wind (e) Noise etc., Both places have amplified speaking systemS for drive-in ordering. The two- way conversation is clearly audible at least one hundred feet away and is certainly "discernable beyond the property line." In addition, the Danver~sRestaurant has a practice of cleaning its pots and pans behind the building with high pressure water hoses. This can occur any time between 11:00 P.M. and 1:00 A.M. This is a very unpleasant way to be waked up. 7-B 3.2 Lighting Pepe's has two large, high intensity lights whic. h seem to serve no use- ful purpose. These are always left on all night. They are definitely not shielded as required by this section. The rear lights on both buildings are left on all night, probably to guard against theft and vandalism. They, too, are unshielded. -2- Garbage from the Danvers Restaurant is kept in open metal containers and is placed there in unsealed plastic and paper bags. This, of course, attracts flies and in time would lead to other vermin. Surely this practice is not acceptable under current health regulations. We feel that in asking that this situation be remedied in every aspect mentioned, we are not being unreasonable nor are we asking anything that other citizens of College Station are not entitled to. All we want is the right to enjoy our homes and property, including our back yards, in peace and quiet. The present state of affairs is not of our doing but began as a result of the action of the City Council in 1967, in rezon~ing the entire sixty acres bounded by Puryear, Highway 30, Texas Avenue and our back property lines from R-1 to C-i, seemingly disregarding the recommendation of the Planning and Zoning Commission and with no concern for the welfare of the home owners on the north edge of the Culpepper property. Even if all these items are taken care of, and we hope they will be, our neighborhood will still be subjected to stresses not present in other areas. Among these are an unusual amount of vehicular noise from parking lots, refrigerated delivery trucks and garbage pick-up from dumpsters. Ail these things considered, we feel that the resale value of our property will be limited to persons insensitive enough not to mind and probably at a reduced price due directly to the factors cited. We trust that this matter can be resolved without undue harm or publicity. However, if you think it would be more effective, we shall be happy to appear before the Council at the next scheduled meeting and state our case. Thank you for your consideration. Very Truly yours, 0Z490 Copies to: Members of the College Station City Council Mr. Homer Adams Mrs. Patricia Boughton Mr. James H. Dozier Dr. Gary Halter Mrs. Anne Hazen Dr. Larry J. Ringer Mr. North Bardell, City Manager Director, Brazos County Health Department 202 E. 27th Street Bryan, Texas 77801 Mr. Ken Martin Mr. Henry Miller Dr. Virgil Stover, Chairman Planning and Zoning Commission