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HomeMy WebLinkAbout01/10/1991 - Regular Minutes City CouncilCOUNC3L MEMBERS ~'~: Mayor. Pro-tern Brown, Councilmen Schneider, McIlhaney, Birdwell, Crouch Mayor Ringer, Councilman Gardner City Manager Ragland, As. sistant City Manager Brymer, Executive Director Fiscal/Human Resources Harrison, E.xecutive Dir.e. ctor/Mana.gement Services Pnvonke, Public Information Officer Calliham, City Attorne. y Locke, City S.e. cretary Hooks, Sentor Plan~.er Kee, Director of Development Services Ash, Project Engineer Morgan, Assistant City Attorney Coates, Asst. PARD Director Ploeger STUDENT GOV'T IJAISON: Trey Jacobson VlSI?ORS PI~E~: See guest register. ~ Item No. 1 - Sianin_a of a Joint Resolution in sul;q~ort of bid for 1993 Games of ?roms Ms. Linda Waltman accepted the resolution signed by Mayor Pro-tern Fred Brown. Item No. 2 - CONSENT AGENDA: (2.1) Appro .v~l. of minutes for the Workshop Meeting, December 12, 1990, Regular Meeting, Dece.mb. er 13, 1.990. . (2.2) Signing of a Resolution naming the D~rector of Parks and Recreation as the City's representative in the application to the Texas Water Commission. (2.3) Approval of a contract for Brazos Valley Solid Waste Management Agency to purchase 75 acres of land. )Approval of Aerial Device/Cab & Chassis, Bid #91-12, Technical Division. ds are budgeted in the FY 1990-91 Utility Fund. Total purchase price $37,486. (2.5) Approval of put. chase order for Brazos County Narcotics Task Force annual fee, funds available as approved in the General Fund FY 1990-91 operating budget, city's portion $16,850. (2.6) Approval of purchase order for payment of 1990 property taxes on two Road, $27,686.78. ruillion gallon elevated water storage tower on Greens Prairie (2.7) A. ppr.oval to purchas.e, an additional (8) motor operated mechanisms for substation mtprovements, Bid #90-41, total $20,000, funds available in URB 84 bond, miscellaneous projects. Councilman Birdwell removed Consent Agenda Item No. 2.1, 2.2, and 2.3. 008062 City Council Regular Meeting Page 2 Thursday, January 10, 1991 Consent Agenda hems No. 2.4, 2.5, 2.6, and 2.7 were approved by common consent. Aqenda Item No. 2.1 - Minutes. C.ouncilman Birdwell referred to page 4 of the December 13th regular meeting nunutes, third paragra~.h. He corrected the first sentence by changing the words to read, "Councilman Birdwell moved to direct staff to ask BVSWMA..." Councilman Birdwell moved to approve the minutes of December 12th and December 13th. The motion was seconded by Councilman Mc]]haney which carried unanimously, 5-0. Agenda he..m No. 2.2 - Re.s. olu?on naming the Director of Parks as the city's representative m the apphcation to the Texas Water Commission. Councilman Birdwell inquired about the memorandum in the packet regarding the sewer line and the lake propose..d for .W..qlf Pen Creek. City Manager Ragland replied that a recommendation will be presented to Council at a later Councilman Birdwell moved approval of Resolution No. 1-10-91-2.2. The motion was seconded by Councilman Schneider which carried unanimously, 5-0. 1/~lganenda Item No. 2.3 - Approval of a contract for Brazos Valley Solid Waste agement Aqency to purchase 75 acres of land. Councilman Birdwell commented that he was not aware that this issue had been discussed in the past. Public Services Director Joe LaBeau stated that approximately one year ago, staff submitted a permit amendment to the which allowed the city to dig deeper into the ground allowing more garbage into the facility. However, a problem occurred, that being a surplus of dirt to dispose. Mr. LaBeau further stated that the consultant was asked to look at this problem, and they came back with three options. Staff recommends the f']rst alternative to purchase 75 acres of land. Mr. LaBeau further explained that this issue was presented as an item in the Capital Improvements Plan during the budget process. Mr. Birdweli asked staff to provide him with a copy of the consultant's report. Councilman Schneider moved to table this item for discussion at a workshop session. The motion was seconded by Councilman Crouch which carried unardmously, 5-0. Mayor Pro-tern Brown announced that Items No. 3, 4, 11, 12 are related. He added that Items No. 11 and 12 require six councilmembers present for any formal action to be taken. The council consented to hold the public hearings at 00806 City Council Regular Meeting Page 3 Thursday, January 10, 1991 this time to 9/ye the audience the opportunity to speak even though no action can be taken at this ~rrte. ..Item No. 3 - A public hearing to consider a l:lnal Pl~t - 0.11~n ,ivlddltJozt Mayor Pro-tam Brown opened the public hearing. Mr. Mike McClure, applicant for tMs item, addressed the Council. He stated that the lots in the proposed R-lA zone are larger than the surrounding lots. He requested council approval for this item. Mr. James Burke, 3208 Bahia, owner of the home that abutts to the Callie Addition, came forward. He stated that he is in favor of the replatting request. However, he is against rezoning the property because there are other ways to handle this situation. Councilman Crouch asked if there is another approach to the request without rezoning the property. Ms. Kee replied that there i~. a variance procedure to the Zoning Board of Adjustment. M.S. Kee ..ft~.e.r explained that she recommended to the applicant that they subnut an application for rezoning because the rezoning in this particular case complies with the comprehensive plan and other issues involved. Mayor Pro-tern Brown closed the public hearing. _Aae~a- !t__,~t No. 4 - C~_ -~,~a~__~_ of a Final Plat - o.~m~ ~_,~,~_~_ (90-~). Counc' .fl..re. an Birdwell moved to table Agenda Item No. 4 and 1.2. The motion was seconded by Councilman Crouch which carried unanimously, Aaenda Item No. 11 - A public hearing to consider rez0ntn_ g Lot 82, Block 6, S0uthwood Ter~e 3-C~om R-1 Single Fandly to R-lA Single Family. Mayor Pro-tern Brown opened the public hearing. Mr. James Burke addressed the Council. He questioned the council's intent to have this public hearing at this time. He added that he would prefer speaking to the entire council when everyone is present. Mr. Brown responded by stating that a public hearing will be rescheduled for the next council meeting. _ouncilman Birdwell moved to recess the public hearing on the rezoning of Lot 2, Block 6 of Southwood Terrace from R-1 to R-IA until the next regular council meeting. The motion was seconded by Councilman McIlhaney which carried unanimously, ~5-0. 008064 City Council Regular Meeting Page 4 Thursday, January 10, 1991 No. 5 - A ~,~lt,.,. h~,tng to c_-_,,~_,4_~,~,~ a Phtal p~_t_ - _fJ~tav~t Ms...M. organ, Assistant to the City En~neer, presented this item. She explained that this item is an amending plat of ~lenhaven Estates ]]I for the purpose of expanding the lot size. She described the location. The Planning and Zoning Commission recommended approval. Mayor Pro-tern Brown opened the public hearing. Mr. Don Garrett, Engineer for this project came forward. Mayor Pro-tern Brown closed the public hearing. Agenda _I_tem No. 6 - Consideration of a Phtal Plat - G~dtaven Estates Councilman Schneider moved approval of the final plat· The motion was seconded by Councilman Birdwell. Councilman Schneider complimented the developer on the fact that he increased the SLT. e of lots. The motion carried unanimously, 5-0. 0.Item No. ? - A public hearing to ~ a ~ Plat - Wm4,,,us Court Ms. Morgan described this item. She stated that the proposed plat decreases the number of lots from 67 to 48 and creates ~. cul-de-sacs. The Planning and Zoning Commission recommended approval with the following conditions: 9.' That Coachligh. t Drive be renamed to Coachlight Court. · That the following general notes be added to the plat· a. No fence shall extend into the 9.0' drainage and utility easements on lots 3R through 8R, Block 1. b. All corner lots shall access the lesser street. Mayor Pro-tern Brown opened the public hearing. Mr. Mike McClure, representing the applicant came forward to answer any questions. Mayor Pro-tern Brown closed the public hearing. _Aaen,~ Item No. 8 - Cc~s~leration of a FL, ml Plat - Williams Court (90-220). Councilman Crouch moved approval of.the final plat for W'flliams Court with the conditions as mentioned above. Councilman Schneider seconded the motion which carried unanimously, 5-0. 008065 City Council Regular Meeting Thursday, lanuary 10, 1991 Page /k~e~.da Item No. 9 - A public hea~.g to cansider a Phtal Plat - Ratntree Sectian Ms. Morgan presented this item. She stated that this plat eliminates 9 lots originally proposed for townhom..e.s and create one single family lot. The plat also elhninates the need for 9. utility easements and an access and parking easement. The Planning and Zoning Commission recommended approval. Mayor Pro-tern Brown opened the public hearing. Mr. Dale Carpenter, 9.509 Monitor was present to answer any questions. Mayor Pro-tern Brown closed the public hearing. Ag~.ck Item No. 10 - Cansidsmtion of a Councilman Birdwen made a motion to approve.the Final Plat for. Raintree Section 5. The motion was seconded by Councilman Crouch which carried unanimously, 5-0. Aaenda Item No. 13 - A nvblic _h_ _eating to comdder resorting a 1.18 acre piece of m'o~ ~ R-6 Anartments High De~ to C-I C, eneml C, ommercial. Senior Planner Jane Kee explained this item. Staff recommended approval of the rezoning request with the stipulation that the Kapchinski Hill final plat will be replatted toincorporate 1.15 acres. The Planning and Zoning Commission recommended approval. Mayor Pro-tern Brown opened the public heating. Mr. Roy Hammons of 1700 Kyle Sou, th, representing the lar}.d owner and user of the pro. petty, addressed the Council. He stated that he is ut the process of preparing a re-plat of Kapchniski Hill .with this tract of. land included. The Polar-Bek plat was platted, all the dramgae for Kapchinski and Polar-Bek was inclu.ded, that drainage is entirely within the Polar-Bek plat and it does take into consideration the area involved here as well as the area added in the approved Polar-Bek plat. Councilman Schneider asked for use of the property. Mr. Hammons replied that this property will serve as a parking lot. Mr. George Ball, 1307 Haines representing the owner came forward. He added to Mr. Hammons comments that the owner of Polar-Bek does not have a ~roblem with the rezoning as long. as t.h.e conditions are met. He reassured ouncilman Birdwell that H.E.B will build. 008066 City Council Regular Meeting Thursday, January 10, 1991 Mayor Pro-tern Brown closed the public hearing. Page 6 No. 14 - C_~_~_,4_~,~m~___,~_ of ~n o~ resoaing the shove Councilman Birdwell moved adoption of Ordinance No. 1877 with the condition that the Kapchinski Hill repiat is approved and filed. The motion was seconded by Councilman Schneider which carried unanimously, 8-0. Ms. Kee presented slides which showed the lo. cation and surrounding properties. She noted that the request does not comply w~th the land use plan. Ms. Kee added that the lot does not have adequate depth for commercial zoning and would continue the strip commercial that currently runs along the north side of DorninJk. The Planning and Zonin.~ Corarnission recommended denial of the rezoning. Since that time, the applicant has revised his request to C-N Neighborhood Commercial. Staff recommended approval of this request. Councilman Birdwen asked Ms. Kee if she notified adjacent property owners. Ms. Kee stated that she received no responses. Mayor Pro-tern Brown opened the public hearing. Mr. Roy Haramons, representing the owner of the property spoke to the Council. _Ag~,4~ !*_,,~ No. 18 - C~,v~,~__,t of an ~c~_ res_~g ~_~ ~ Councilman Schneider moved to adopt Ordinance No. 1878 with the revision of the rezoning request, to C-~, Neighborhood Commercial. The motion was seconded by Councilman Bn'dweli. Counc.flm? Birdwell commented that he attended the Planning and Z~.ni~. g Comratssmn when this discussion was held. He stated that the Conmuss~oners expressed concern about future development on this lot. Councilman Crouch made an amended motion to adopt the ordinance with the condition that the Planning and Zoning Commission will have the opportunity to hear the case based on the revised rezoning request. The amended motion died for lack of a second. Councilman Mcnhane~, made a substitute motion to ask Planning and Zoning Commissioners to rewew this rezoning request for C-N as well as A-P. The motion was seconded by Councilman Crouch which carried by a vote of 008067 City Counctl Regular Meeting Thursday, January 10, 1991 Page 7 3-2. FOR: Councilmen Crouch, Mc]lha~. ~ey, .and. Schneider AGAINST: Councilmen Brown aha ]sn'aweu Assistant City Attorney Neal Coates presented this item. /~_--f~___,~ !*_ _,~__ No. 18 - C__~m~,.~_~,~ of an ordinance. Councilman Crouch moved approval of Ordinance No. 1878 to amend the Code relating to animal control and licensing requirements. The motion was seconded by Councilman Birdwell which carried unanimously, ~...~__,4, !_~,,,u No. 19 - ~A~'- ! of P&Y- De~l,! of a T~ Parldn~_ Lot ~n the Wolf Pen Creek~IY~'lct. Ms..Kee presented slides. She. stated that the Planning and Zoning Commission demed the request from Mr. Miller of Sneakers, for a temporary parking lot at Ms business in the Wolf Pen Creek Corridor. She noted that Mr. Miller has proposed to pave a portion of ~ parking lot in order to bring Ms project to code standards for a nightclub parking lot. The Design Review Board reviewed this project and recommended their approval along with several conditions. Councilman Birdwell mo.v. ed to approve staff recommen.dation for a tempo.r..ary parking lot with the conditions mad_e, th? Desi .Rev .ew Bo..a[. d: ..additio. n., the unpaved portions will be paved m the future, at least one-uara oI me paring lot to be paved each year. No second was made to this motion. Councilman Schneider moved to deny the request. The motion was seconded by Councilman Mcnhaney. Mr. Don Garrett addressed additional points. He stated that one requirement of this property is that seven.of ten acres be dedicated to the Wolf Pen Creek Corridor. He added that the temporary parking lot will not be a detriment because it will be screened properly. Th.e motion to deny the request passed by a vote of 4-1, Councilman Birdwen voting against the motion. 008068 City Council Regular Meeting Thursday, January 10, 1991 Page 8 Agenda Item No. ~0 - Hear Vlsitom. No one spoke. ~ Item No. 21 - Closed sesskm to receive staff relx~ The council did not go into closed session. No action taken. _Aaenda Item No. ~3 - Adjourn. The meeting was adjourned at 8:30 p.m. ~nthie t-IooIcs, -C~ty Secretary APPROVED: 008069 ~UEST RE~STER CITY COUNCIL REgULaR ~EET~N~ THURSDAY JANUARY 10~ 199f 7=00 P.M. 11. 12. 13. 14. 15. 16. 17. 18. 19. 10. 20. 008071