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HomeMy WebLinkAbout08/08/1985 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Runnels, Boughton, Bond, Brown, McIlhaney, Tongco COUNCIL MEMBERS ABSENT: None STAFF PRESENT: City Manager Bardell, City Attorney Locke, City Engineer Pullen, City Sec- retary Jones, Director of Planning Mayo, Assistant Director of Planning Callaway, Deputy Finance Director Schroeder, Purchasing Agent McCartney, Council Coordinator Jones VISITORS PRESENT: See guest register. Agenda Item No. 1 - A~roval of the minutes of the Workshop City Council Meeting, July 24, 1985, and the Regular City Council Meeting, July 25, 1985. Councilman Boughton moved approval of the minutes of the Workshop City Council Meeting, July 24, 1985, and the Regular City Council Meeting, July 25, 1985. Councilman Runnels seconded the motion which was approved unani- mously, 7-0. Agenda Item No. 2 - A ~ublic hearing on the question of rezoning Lots 5 & 7 Block 1 Cooner Subdivision (109 & 113 Cooner) from A-P Administrative-Professional and R-5 Medium Density Residential to C-1 General Commercial. A~licant is Nancy Crouch. (85-114) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns Lots 5 & 7 Block 1 Cooner Subdivision (109 & 113 Cooner) from A-P Administrative- Professional and R-5 Medium Density Residential to C-1 General Commercial. He listed the existing land uses in the area. He noted that on the city's Land Use Plan this area is reflected as commercial and pointed out that the requested zoning is in com- pliance with it. He stated that the referenced lots are smaller than recommended by the development policies for C-1 zoning. He noted that the Planning and Zoning Commission voted (5-0) on 7/18/85 to recommend approval of this request contingent upon re- ceipt of a replat of the area which would allow it to be devel- oped as a single, larger area. He expressed the staff's support of the request in accordance with the Planning and Zoning Commis- sion's recommendations. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 2 Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 3 - Consideration of an ordinance rezoning the above lots. Councilman Bond moved approval of Ordinance No. 1604 rezoning Lots 5 & 7 Block 1Cooner Subdivision to General Commercial Dis- trict C-1 contingent upon receipt of a replat of the area to al- low for its development as a single, larger area. Councilman Brown seconded the motion which was approved unani- mously, 7-0. Agenda Item No. 4 - A public hearing on the question of rezoning a 2.33 acre tract of land located at the northeast corner of the intersection of Holleman Drive & Wellborn Road, from R-5 Medium Density Residential to C-1 General Commercial. Applicant is Tonkawa, Ltd. (85-115) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns a 2.33 acre tract of land located at the northeast corner of the intersection of Holleman Drive and Wellborn Road from Apartments Medium Density R-5 to General Commercial C-1. He listed the existing land uses in the area and noted that on the Land Use Plan the area is re- flected as high density residential. He commented on several items concerning the rezoning request as follows: (1) The cur- rent zoning (R-5) is in compliance with the city's Land Use Plan and development policies; (2) The referenced tract has a depth off of Wellborn Road that varies from 287 to 350 feet, which does not meet the minimum depth requirement of 400 feet established in the commercial development policies; and, (3) The location of this tract at the intersection of major thoroughfares is identi- fied as appropriate for commercial developments. He pointed out that a request for Planned Commercial Zoning C-3 on the refer- enced tract was denied by the Council on March 8, 1984. He rec- ommended denial of this rezoning request for the following rea- sons: (1) The requested C-1 zoning does not comply with the Land Use Plan; (2) No buffer is provided between the proposed C-1 tract and the existing residential area; (3) Other areas along Wellborn Road have been identified as more appropriate locations for C-1 development; and, (4) The C-N area to the south (across Holleman) provides an area for neighborhood/convenience goods and services. He further stated that the Planning and Zoning Commis- sion voted 4-1 on 7/18/85 to deny the rezoning request. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 3 Mayor Halter opened the public hearing. Mr. Donald Jones, 201W. Loop 2818, stated the following objec- tions and rebuttals to the staff's reasons for recommending deni- al of the rezoning request. Firstly, he noted that the Land Use Plan is contradicted by the Comprehensive Plan - Plan 2000. He referred to pages 33 and 101 which state that the referenced property is suitable for commercial development. He pointed out that this property was zoned R-5 in about 1978 and the Land Use Plan was developed in 1980; therefore, the Comprehensive Plan is reactive rather than proactive because it maintained existing zoning. He stated his opinion that R-5 zoning on this tract is inappropriate and referred to the city's building requirement for a minimum setback of twenty-five feet from major intersections. He explained that residences in close proximity to major thor- oughfares create a dangerous traffic situation. Secondly, he ad- dressed the staff's comment that there are more appropriate areas for commercial development, and explained why he considered this tract to be one of the most appropriate locations for commercial development in the area. Thirdly, he stated that the C-N tract across Wellborn Road will not be sufficient to satisfy the need for commercial services of the citizens in the area. Fourthly, he stated that the staff is concerned that there is not a buffer between the established R-1 area and the proposed C-1 tract. He pointed out that the requirement of a buffer is not mandated in the Zoning Ordinance, but has developed as a policy over the years. He further stated that this policy has been deviated from in the past and recited some examples. Councilman Bond questioned Mr. Jones as to his opinion on whether the R-1 tract to the north of this property would ever be devel- oped as Single Family Residential District R-1. Mr. Jones re- plied negatively. Councilman Bond questioned the probability of the property to the north of the referenced tract remaining Single Family Residential District R-1. Director of Planning Mayo stated that the property will most likely be rezoned to something other than R-l, such as higher density residential. Councilman Bond asked if any opposition to this rezoning request was received from owners of property within 200 feet of the tract. Assistant Director of Planning Callaway replied negative- ly. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 4 Councilman Bond questioned whether it might be more appropriate to rezone this property to Neighborhood-Commercial C-N. Mr. Jones replied affirmatively. City Attorney Locke stated that the size of the property would prohibit it from being zoned as C-N. Mayor Halter suggested that a more appropriate zoning for this tract might be Planned Commercial Zoning District C-3. He ex- plained that there is concern about rezoning property to C-1 which is in close proximity to residential districts because the C-1 district allows restaurant uses. He further explained that the C-3 District would provide the developer with some flexibili- ty, but would prohibit a restaurant use at the location. Mr. Jones stated that there is a need for additional C-1 develop- ment in the area. He pointed out that the area is growing rapid- ly which has resulted in an increased demand for commercial ser- vices. He addressed a concern expressed by Commissioner Dresser regarding the increased number of left-hand turning movements on Wellborn Road that will be generated if additional C-1 zoning is granted. He further explained that the location of a tract of land and needs of the citizens in the area determine the market- ability of the property. He stated that in his opinion this re- zoning would not promote strip development along Wellborn Road, but if it did develop as a C-1 strip it would not deteriorate the traffic capacity of Wellborn Road. He pointed out that there will only be development on the east side of Wellborn Road due to the location of the railroad tracks. Mr. George Ball, 1307 Haines, spoke in favor of the rezoning re- quest. He stated his opinion that rezoning this tract to C-1 would not have a significant impact on the adjacent R-1 area be- cause of the sparsity of residences in the area. He pointed out that a restaurant has been approved for construction on the C-N tract across Wellborn, which would have the same type of effect on the area as a restaurant on this tract would have if the C-1 zoning request is approved. He explained that he has this tract of land under contract to a developer from Brenham. He stated his opinion that this tract of land and the tract of land to the south are appropriate for C-1 zoning. Councilman Bond asked if the property along Wellborn Road between Southwest Parkway and Jersey is typically developing in the di- rection of commercial zoning. Director of Planning Mayo replied negatively. He stated that if all major arterials were zoned to C-1 there would be several times the amount of commercial zoning this co, unity could possibly use. He stated that the Comprehen- sive Plan illustrates the need for alternative uses besides com- mercial for some of the properties fronting major arterials. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 5 Councilman Bond stated his opinion that on the west side of Col- lege Station there is a shortage of commercial property. Direc- tor of Planning Mayo replied that there is not a large amount of commercial development on the west side, but there is a large amount of commercial zoned property. Mr. Judd Alexander, 1500 Key Street, Brenham, Texas, stated that he is the prospective developer of the property. He explained that from a site evaluation made it was determined that this par- ticular tract is one of the most profitable locations for his type of business, the convenience store business. Councilman Tongco questioned if the plans for development of this tract will incorporate some sort of protection for the resi- dents in the area. Mr. Alexander stated that the proposed development for this tract will require approximately half of the total acreage. He ex- plained that the remainder of the property will be used for de- velopment of facilities that will be beneficial to the communi- ty. He pointed out that the C-1 Zoning District covers the pro- posed use for this property. No one else spoke. The public hearing was closed. A~enda Item No. 5 - Consideration of an ordinance rezonin~ the above tract. Councilman Runnels expressed his concern with the close proximity of a C-1 zoned property to a R-1 District. He questioned whether it would be more appropriate to zone the referenced tract C-3 Planned Commercial District, which would allow the developer some flexibility and at the same time would enable the city to main- tain a certain degree of control. Director of Planning Mayo stated that the only control the city would have under the C-3 District would be in the site plan re- view process. He noted that the only buffer the city can mandate is a fence. Councilman Bond asked a question concerning deed restrictions. Director of Planning Mayo stated that under State Law if a city has zoning it cannot require deed restrictions or enforce them. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 6 After further discussion regarding deed restrictions, Councilman Bond moved approval of Ordinance 1605 rezoning a 2.33 acre tract of land from R-5 Medium Density Residential to C-1 General Com- mercial. Councilman Brown seconded the motion. Councilman Runnels asked Mr. Alexander if he would be agreeable to a more controlled type of commercial zoning on the tract. Mr. Alexander expressed his willingness to work out some sort of compromise with the city concerning a buffer between the commer- cial property and residential property through the site plan re- view process, but stated that the C-3 Planned Commercial District would not provide the flexibility required for the proposed use of the location. Councilman Tongco pointed out that this tract does not meet the minimum depth requirement of 400 feet for commercial zoning. She explained that on a number of occasions the city has rezoned property to C-1 with the understanding that it would be used for a particular type of business, but it never develops as such. She stated that the situation creates a problem because the city has relinquished all of its controls over the parcel of land. Mr. Alexander stated that construction of the project is ready to begin as soon as the rezoning request is approved. Mr. Ball addressed the concerns expressed about the provision of an adequate buffer between the proposed C-1 Commercial District and the adjacent R-1 Residential District. He pointed out that the only buffer mandated in the Zoning Ordinance is the construc- tion of a six foot fence. He stated his opinion that the devel- oper would be willing to work out some sort of acceptable buffer. He stated that the Planned Commercial C-3 and the Neighborhood Commercial C-N Districts are too restrictive and the General Com- mercial C-1 District was requested because it provides the great- est amount of flexibility. He noted that there is a need for commercial development in this area. Councilman McIlhaney expressed two concerns regarding the pro- posed C-1 rezoning request as follows: (1) the depth of the property does not meet the minimum depth requirement of 400 feet for commercial zoning; and, (2) the need for C-1 zoning has al- ready been addressed in the area. She stated that the step down zoning policy that has been established should be supported by the Planning and Zoning Commission and City Council. She further stated that she would support rezoning the referenced tract to a ,'""'5, ]64 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 7 more restrictive commercial zoning. She expressed her opinion that property does not have to be zoned commercial if it is lo- cated at a major intersection or fronting major arterials. Councilman Runnels asked if the Planning Department would be able to exercize sufficient controls during the site plan review pro- cess if the property were rezoned to General Commercial C-1. Di- rector of Planning Mayo stated that the staff would face certain limitations with regard to the site plan review process. The motion to rezone this property to C-1 General Commercial Dis- trict was approved by a vote of 4-3 as follows: FOR: Mayor Halter, Councilmen Bond, Brown, Runnnels AGAINST: Councilmen Boughton, McIlhaney, Tongco Councilman McIlhaney thanked Mr. Donald Jones for submitting the written materials documenting his position for her review prior to the meeting. Mayor Halter expressed the Council's preference to have written documentation concerning a citizen's position rather than public discussions. A~enda Item No. 6 - A public hearin~ to consider ~etitions for annexation of two (2) tracts of land totallin~ 1.73 acres and de- scribed as follows: Tract A: A 0.68 acre tract owned by the City of College Station and designated as a 371.23 foot westerly extension of the ri~ht-of-way of the existin9 Rock Prairie Road alon~ the northern boundary of the Southwood Athletic Park Facil- ity; and, Tract B: A 1.05 acre tract of land owned by the Boys Clubs of Brazos Valley, Inc. and located south of and adjacent to Tract A. (85-600) Director of Planning Mayo stated that this annexation will allow for the last piece of Rock Prairie Road to be constructed. Mayor Halter opened the public hearing. Mr. Steve Andrews, representing Jerry Bishop and Associates, re- quested approval of the annexations. No one else spoke. The public hearing was closed. A~enda Item No. 7 - CONSENT AGENDA: BIDS: Miscellaneous Electric Poles - 150 each (Bid 86-4) Station wagon - 1 each (Bid 86-3) Bid 86-4 for miscellaneous electric poles was approved by common consent. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 8 Councilman McIlhaney stated that she did not receive any support- ing materials for the station wagon bid. Mayor Halter noted that information concerning this item was distributed prior to the meeting. Councilman McIlhaney moved approval of Bid 86-3 for the station wagon to Bird Kultgen, the low bidder. Councilman Runnels seconded the motion which was approved unani- mously, 7-0. Agenda Item No. 8 - Consideration of the adoption of the East ~ass Land Use Study recommendations and the revisions of the city's Land Use Plan to reflect those recommendations. This item was tabled at the Regular City Council Meeting, July 25, 1985. Councilman Runnels moved to remove this item from the table for further consideration. Councilman McIlhaney seconded the motion which was approved unan- imously, 7-0. Assistant Director of Planning Callaway presented the item. He explained that on July 25, 1985, the City Council considered the East Bypass Land Use Study Report prepared by a sub-committee of the Planning and Zoning Commission. He presented a brief summary of the study and listed the proposed land use recommendations de- lineated in the report. He further stated that the staff and Planning and Zoning Commission support the recommendations of the study committee. He noted that a public hearing concerning the adoption of the East Bypass Land Use Study recommendations and the revisions of the Land Use Plan to reflect those recommenda- tions, was held on July 25, 1985 at the Regular City Council Meeting. Councilman Boughton moved to accept the East Bypass Land Use Study recommendations and the revisions of the city's Land Use Plan to reflect those recommendations. Councilman Brown seconded the motion which was approved unani- mously, 7-0. Agenda Item No. 9 - Consideration of a~roval of 1985A Bond Is- sue, request for Industrial Revenue Bond allocation and other matters related to the Southeast Texas Higher Education Authori- Dr. J. Malon Southerland, President of the Southeast Texas Higher Education Authority, presented the item. He introduced the other "'75!66 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 9 Board members in attendance at the meeting. He stated that the Authority is requesting approval of a resolution which will au- thorize an additional bond issue and allocations from the indus- trial revenue bonds from the State. In addition, he stated that the Authority has submitted a second resolution which is informa- tional in nature, but needs to be considered in order for it to become part of the record. He explained that this will allow for a better understanding in the future of what has taken place in regard to the consolidation of the Southeast Texas Higher Educa- tion Authority and the East Texas Higher Education Authority, which will become the Greater Texas Higher Education Authority. Councilman Runnels asked if most major cities in Texas have their own Authority. Mr. Southerland stated that there are eleven Au- thorities in Texas. City Manager Bardell asked what type of bonds are being issued. He noted that the refinancing portion of the proposed bond issue falls at a excellent time. Mr. Larry Holt, General Counsel for the Authority, stated that the bonds being issued are open market bonds. Mayor Halter pointed out that the city will not incur any finan- cial liability if support of these resolutions is granted. Councilman Brown moved approval of Resolution No. 08-08-85-9.A relating to the approval of the issuance of certain student loan revenue bonds by the Southeast Texas Higher Education Authority, Inc. and Resolution No. 08-08-85-9.B relating to the continued operation of the Southeast Texas Higher Education Authority, Inc., and approving certain agreements in connection therewith. Councilman Runnels seconded the motion which was approved unani- mously, 7-0. Agenda Item No. 10 - Consideration of a request for payment for oversize waterline participation. (Applicant: Houston Century Corp.) Councilman Bond left the room. City Engineer Pullen presented the item. He stated that the project for the Omni Center waterline has been completed and ac- cepted by the Engineering Office. He explained that the project required only an eight inch diameter waterline to meet its domes- tic and fire demand requirements, but the city requested that a twelve inch waterline be installed to meet future needs in the area. He further stated that the oversize reimbursement should REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 10 be paid to Houston Century Corporation in the amount of $13,749.60 from the R-83-84-04 Revenue Bond Issue. Councilman Runnels moved approval of a request of payment for oversize waterline participation to Houston Century Corporation in the amount of $13,749.60 from the R-83-84-04 Revenue Bond Is- sue. Councilman Boughton seconded the motion which was approved 6-0, with Councilman Bond absent from the room. A~enda Item No. 11 - Consideration of Resolution authorizin~ a chan~e to correct the legal description of a 13.50 acre tract in~ in the Morgan Rector League as described in College Station City Ordinance No. 1287. Councilman Runnels moved approval of Resolution No. 08-08-85-11 authorizing a change to correct the legal description of a 13.50 acre tract lying in the Morgan Rector League as described in Col- lege Station City Ordinance No. 1287. Councilman Boughton seconded the motion which was approved by a vote of 6-0, with Councilman Bond absent from the room. A~enda Item No. 12 - Consideration of a resolution authorizin~ the Mayor to execute an A~reement with the National Institute of Municipal Law Officers (NIMLO) and to deposit $1,000.00 into thc NIMLO FLSA Litigation Trust Fund for the proposed litigation at- tackin~ the provisions of the FLSA as interpreted by Garcia V. San Antonio. Councilman Bond returned to the room. City Attorney Locke presented the item. She stated that on Feb- ruary 19, 1985, the United States Supreme Court handed down its decision in the matter of Garcia v. San Antonio Metropolitan Transit Authority in which it was decided that it was constitu- tional to extend coverage of the Fair Labor Standards Act to es- sentially all state and local government jobs, thus reversing the Court's 1976 decision in National League of Cities v. Usery in which the Court had held that the Act could not constitutionally be applied to state and local government employees engaged in "traditional" government functions. She explained that Garcia held that the FLSA applied to the local government level; that is, cities are subject to regulations of the Federal Government REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 11 with regard to city employees in the areas of police, fire and other essential local government functions. She noted that this will have a significant impact on the city from a financial standpoint. She stated that the National Institute of Municipal Law Officers (NIMLO) has begun its investigation to prepare liti- gation to test this case in order to achieve a reversal. She pointed out that there is legislation in Congress proposed to change this Act by amending the statute. She stated that NIMLO has requested all municipal, state and county agencies who want to maintain or regain exemptions from the FLSA to pay a portion of the costs involved in the proposed litigation. She stated that there is approximately $55,000.00 in the account for attor- ney's fees and court cost and recommended that the $1,000.00 re- quest be appropriated from this account. Mayor Halter stated that this decision will have the greatest im- pact on the Fire Department. City Manager Bardell noted that if the decision is held it will result in an increase in the cost of fire protection. Councilman Boughton moved approval of Resolution No. 08-08-85-12 authorizing the Mayor to execute an Agreement with the National Institute of Municipal Law Officers (NIMLO) and to deposit $1,000.00 into the NIMLO FLSA Litigation Trust Fund for the pro- posed litigation attacking the provision of the FLSA as inter- preted by Garcia V. San Antonio. Councilman Runnels seconded the motion which was approved unani- mously, 7-0. A~enda Item No. 13 - Hear Visitors. No one spoke. Agenda Item No. 14 - Closed session to discuss ~endin~ litigation [6252-17(2)(e)] and personnel [6252-17(2)(~)]. A. Personnel [6252-17 (2)(g)]. 1. Discussion of Administrative Appointments. 2. Discussion of Citizen Committee Appointments. The Council moved to closed session and later reopened to the public. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 PAGE 12 A~enda Item No. 15 - Action on closed session. No action was taken on closed session. A~enda Item No. 16 - Adjourn. Mayor Halter adjourned the meeting at 9:25 P.M. ATTEST.: /~ ~ Dian Jon,~~ity Secretary Ga~~~, a~yo~'w ~ GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 8, 1985 ?:00 P.M. -,~~ ~6. 4 19. 22. 23. 24. 25. 26. 27. 28. 13. 14. 29. 15. 30. 00518!