Loading...
HomeMy WebLinkAbout01/09/1986 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 9, 1986 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: VISITORS PRESENT: Mayor Halter, Councilmen Bond, Boughton, Brown, McIlhaney, Runnels Councilman Tongco City Manager Cole, Director of Capital Improvements Ash, City Engineer Pullen, City Attorney Locke, City Secretary Jones, Fire Chief Landua, Fire Marshal Davis, Energy Specialist Shear, Utili- ties Office Manager Piwonka, Assistant Director of Planning Callaway, Purchas- ing Agent McCartney, Council Coordina- tor Jones See guest register. Prior to consideration of Agenda Item No. 1, Mayor Halter signed a proclamation designating the week of January 9-13, 1986 as "Jaycee Week," in College Station, Texas. Mr. Ron Schmidt and Mr. Cal McNeal, representatives of the Bryan/College Station Jaycee Organization, were present to accept the proclamation. A~enda Item No. 1 - Approval of the minutes of the Workshop City Council Meeting, December 11, 1985, the Reqular City Council Meeting, December 12, 1985 and the Special City Council Meeting, December 18, 1985. Councilman Runnels moved approval of the minutes of the Workshop City Council Meeting, December 11, 1985, the Regular City Council Meeting, December 12, 1985 and the Special City Council Meeting, December 18, 1985. Councilman McIlhaney seconded the motion which was approved unan- imously, 6-0, with Councilman Tongco absent. REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 9, 1986 PAGE 2 Agenda Item No. 2 - A public hearing on the question of rezoning the following property: 13.417 acres in the Richard Carter Sur- vey, fronting on the south side of University Drive, adjacent to and west of the One Lincoln Place subdivision; adjacent to and north of Woodland Estates and Woodland Acres subdivisions, from A-P Administrative-Professional, R-3 Townhouse-Rowhouse, and R-1 Single Family Residential to 7.923 acres C-1 General Commercial, 1.061 acres A-P Administrative-Professional, 1.736 acres R-4 Low Density Apartments and 1.697 acres R-iA Sinqle Family Residen- tial. Applicants are J. V. Henton and the College Heights Assem- bly of God Church. (85-124) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns 13.417 acres in the Richard Carter Survey from A-P Administrative-Professional, R-3 Townhouse-Rowhouse, and R-1 Single Family Residential to 7.923 acres C-1 General Commercial, 1.061 acres A-P Administrative-Pro- fessional, 1.736 acres R-4 Low Density Apartments and 1.697 acres R-lA Single Family Residential. He listed the existing land uses in the area and noted that on the city's Land Use Plan the area is reflected as medium and low density residential. He pointed out that the area was the subject of a special land use and zon- ing study conducted by a subcommittee of the Planning and Zoning Commission. He stated that the recommendations for zoning in the area as delineated in the study are as follows: A-P, R-3 or R-4 for the area located along University Drive; R-3 or R-4 for the area located behind the tracts fronting University; and, continu- ation of the R-lA "buffer" that has been established along por- tions of the north side of the Lincoln Street extension. He pointed out that the tracts included in this request have been involved in a total of six rezoning requests since February, 1973. He further noted that the existing R-3 zoning was estab- lished in 1982 in response to a request for 8.876 acres of R-3 on the Henton tract and the existing A-P zoning was established in September, 1984 in response to a request for five acres of C-1 zoning on the College Heights Assembly of God tract. He stated that the C-1 portions of the request do not comply with the Land Use Plan or the development policies with respect for commercial development. He listed the staff's recommendations as follows: (1) Retention of the current A-P zoning on the College Heights Assmbly of God Church's five acre tract; (2) Approval of A-P zon- ing on the Henton tract proposed as C-1 and A-P; and, (3) Approv- al of the proposed R-4 and R-lA portions of the request as sub- mitted. He further stated that the Planning and Zoning Commis- sion voted (5-1) on 12/5/85 to recommend denial of this request. He pointed out that when the Council established the R-lA, R-4 and the original A-P zoning on the One Lincoln Place development, the rezoning was made contingent upon any development being precluded from access onto the Lincoln Street extension. REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 9, 1986 PAGE 3 Mayor Halter opened the public hearing. Reverend Calvin Durham, Pastor of the College Heights Assembly of God Church and representative for Mr. Jesse Henton as well as for the church, spoke in favor of the rezoning request. He stated his opinion that this request is reasonable and meets the guidelines delineated by the city, and that an acceptable pattern of zoning from C-1 to A-P to R-4 to R-lA was created with the establishment of zoning on the One Lincoln Place. He stated that the applicants would be agreeable to some modifications with regard to this request if the Council so desires, such as, limiting access from the residential areas onto the Lincoln Street extension or expansion of the A-P area, thus marginally reducing the C-1 area. Mr. Donald Garrett, Engineer, provided a detailed explanation of a plat illustrating the proposed rezoning request and its rela- tionship to other C-1 tracts in the area. He noted that only two individuals spoke against the request at the public hearing held before the Planning and Zoning Commission. He pointed out that the proposed C-1 area is 750 feet from the nearest residential area. He stated his opinion that with the buffers previously established, the requested area of C-1 zoning will not have a detrimental impact on the residential areas. He addressed the issue of traffic and noted that the construction of Lincoln Street will help alleviate some the traffic problems on University Drive. No one else spoke. The public hearing was closed. Councilman Brown stated his opinion that it seems logical that all the tracts fronting on University Drive should be zoned for commercial development. Councilman Boughton asked if the State Highway Department has plans for widening University Drive. City Engineer Pullen stated that the Highway Department's plans call for the widening of Uni- versity Drive from East Tarrow to the East Bypass sometime in late 1987. Councilman Boughton asked if the city has done a traffic count at University Drive and Tarrow Street. Director of Capital Improve- nents Ash stated that he would address the question to Traffic Engineer Black. Councilman McIlhaney asked how much of the proDerty is located in the flood plain. Reverend Durham replied negatively. REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 9, 1986 PAGE 4 Agenda Item No. 3 - Consideration of an ordinance rezoninq the ab__o~.e property. Councilman Bond moved approval of Ordinance No. 1627 rezoning the above property as requested by the applicant. Councilman Brown seconded the motion. Councilman Runnels noted that he is sympathetic to the concept of having one major thoroughfare in this community void of any commercial development, but stated his opinion that University Drive does not lend itself to that concept. He stated that if approval of this request is granted it should include the stipu- lation that the wall constructed between the R-4 areas and the R-lA areas be extended. He questioned the feasibility of enlarging the A-P area requested. Councilman Bond questioned the perceived benefits of enlarging the proposed A-P area and stated his opinion that the proposed C-1 area is suitable for commercial development. Councilman McIlhaney stated that considering the configuration of the property, A-P zoning would allow more flexibility in develop- ment creating less of an impact on the adjacent properties with regard to the flood plain and water runoff. Councilman Boughton referred to the very detailed and thorough information prepared by Reverend Durham addressinge concerns brought out in the Planning and Zoning Commission meeting. She stated that after reviewing the information submitted it would be very difficult not to grant the request. Councilman Runnels stated that the Council has a commitment to the residents living south of this area to mitigate through traf- fic between Lincoln Street and University Drive. He stated his opinion that a stipulation calling for the extension of the wall between the R-4 areas and the R-lA areas should be included in the motion. The Council concurred. Councilman Brown expressed his appreciation to the applicants for their offer to enlarge the proposed A-P area, thus, marginally reducing the proposed C-1 area. The motion to approve Ordinance No. 1627 rezoning the above prop- erty as requested was approved by a vote of 5-1, as follows: FOR: Mayor Halter, Councilman Bond, Boughton, Brown, Runnels AGAINST: Councilman McIlhane¥ ~ REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 9, 1986 PAGE 5 AGenda Item No. 4 - A public hearing on the question of rezoning a 0.687 acre tract in the Pecan Tree Estates Phase Two subdivi- sion which is located north of and adjacent to the Parkway Circle ~-p~rtment complex from R-2 Duplex to R-5 Medium Density Apart- ments. Applicant is Jerry Bishop & Associates for owner, Parkway Circle Apartments. (85-125) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns a 0.697 acre tract in the Pecan Tree Estates Phase Two subdivision from R-2 Duplex to R-5 Medium Density Apartments. He listed the existing land uses in the area and noted that on the city's Land Use Plan the area is reflected as medium and high density residential. He stated that the applicant purchased the subject tract from the city to provide additional parking for the Parkway Circle Apartments and the zoning request was initiated to allow for the proposed use. He recommended approval of the request for the following reasons: (1) The request is in compliance with the city's Land Use Plan; and, (2) The request simply provides for an adjustment in zoning district boundaries with no significant change in area zoning patterns or land use relationships. He stated that the Planning and Zoning Commission voted (7-0) on 12/19/85 to recommend ap- proval of the rezoning request. Mayor Halter opened the public hearing. Mr. Larry Wells, representing Jerry Bishop & Associates, request- ed Council approval of the rezoning request. No one else spoke. The public hearing was closed. Agenda Item No. 5 - Consideration of an ordinance rezoninG the above tract. Councilman Boughton moved approval of Ordinance No. 1628 rezoning the above tract. Councilman Runnels seconded the motion which was approved unani- mously, 6-0. Agenda Item No. 6 - A public hearing on the question of amending Chapter 3, Section 1 of the Code of Ordinances of the City of College Station, Texas, by adopting the 1985 Standard Bu. ilding Code. Director of Capital Improvements Ash distributed a memorandum de- lineating some clarifications in wording with regard to sprinkler systems and the method for calculating the cost of building permits, as discussed at the city council workshop meeting.' ~-.~- REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 9, 1986 PAGE 6 Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 7 - Consideration of the above ordinance. Councilman Boughton moved approval of Ordinance No. 1629 amending Chapter 3, Section 1 of the Code of Ordinances of the City of College Station, Texas, by adopting the 1985 Standard Building Code, with the clarifications made in wording. Councilman Brown seconded the motion which was approved unani- mously, 6-0. Councilman Boughton expressed her appreciation to the staff for their efforts in amending the Code to include the section requir- ing the pretreatment of slabs for termites. Agenda Item No. 8 - A public hearing on the question of amendin~ Chapter 6, Section 1 of the Code of Ordinances of the City of College Station, Texas, relating to the city Fire Prevention Code; providing for the the enforcement of the Code, and the fix- inG of penalties; and providing for an effective date. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. AGenda Item No. 9 - Consideration of the above ordinance. Councilman Brown referred to the discussion of this item at the workshop city council meeting and questioned if a revision was made to the requirements relating to electrical hookups for sprinkler systems on businesses no longer in operation. Fire Marshal Davis explained that sprinkler systems are not related to electrical hookups, and, therefore, a business no longer in operation could apply for a refund of their electric deposit without jeopardizing the sprinkler system. Councilman Runnels moved approval of Ordinance No. 1630 amending Chapter 6, Section 1 of the Code of Ordinances of the City of College Station, Texas, relating to the city Fire Prevention Code; providing for the enforcement of the Code, and the fixing of penalties; and providing for an effective date. Councilman McIlhaney seconded the motion which was approved unan- imously, 6-0. REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 9, 1986 PAGE 7 Agenda Item No. 10 - CONSENT AGENDA: BIDS: 2,000 Residential Energy Conservation Kits (Bid #86-24) Ail items were approved by common consent. Agenda Item No. 11 - Consideration of a resolution relating to ~ing places. City Secretary Jones presented the item. She distributed another draft of the proposed resolution, revised to change the polling place for City Precinct No. 35 by naming A&M Presbyterian Church as the polling place for City Precinct No. 35 in the April 1986 election. Councilman Brown moved approval of Resolution No. 01-09-86-11 re- lating to polling places. Councilman Boughton seconded the motion which was approved unani- mously, 6-0. Agenda Item No. 12 - Hear Visitors. Ms. Charlie Marshall, 134 Luther ~292, requested that the Council consider annexing approximately sixteen acres of property located south of FM 2818 on Wellborn Road adjacent to the city limits. She listed the property owners requesting the annexation as fol- lows: (1) Joe Hollingsworth - 1.9 acres; (2) Robert Smith - five acres; (3) Rufus Marshall etux - one acre; (4) Eddie Marshall - three-and-one-half acres; (5) Charlie Jones etux -one acre; (6) Gloria Smith- two acres; and, (7) Dorothy Smith- two acres. Ms. Marshall pointed out that there are several individuals in the area who are not interested in being annexed. Mayor Halter explained that the city does not usually annex prop- erty unless the property owner requests to be annexed. He suggested that the city begin the process for annexation and referred to City Attorney Locke for a more detailed explanation. City Attorney Locke explained that she would work with the city's Planning Department to determine that the property meets the minimum requirements and then will prepare the ordinances an- nexing the property. She noted that the city will be required to hold a public hearing concerning the proposed annexation. There was a question from the audience concerning reasons for changing mailing addresses in the area. Mayor Halter pointed out that the city was not responsible for any changes made to addresses. REGULAR CITY COUNCIL MEETING THURSDAY, JANUARY 9, 1986 PAGE 8 Agenda Item No. 13 - Closed session to discuss pending litigation [6252-17(2)(e)] and personnel [6252-17(2)(g)]. A. Personnel [6252-17(2)(g)]. 1. Discussion of administrative personnel. The Council moved to closed session and later reopened to the public. Agenda Item No. 14 - Action on closed session. No action was taken on closed session. Agenda Item No. 15 - Adjourn. Mayor Halter adjourned the meeting ATTEST: ~ ~ian Jo es~City Secretary at 11:00 Gary Ha~/~er, Mayor GUEST REGISTER Regular City Council Meeting Thursday, January 9, 1986 7:00 P.M. 20. 21. 61 ~'~ 23. 81 25. 005507