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HomeMy WebLinkAbout06/28/1984 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 28, 1984 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: VISITORS PRESENT: Mayor Halter, Councilmen Boughton, Anderson, McIlhaney, Prause, Reinke, Runnels None City Manager Bardell, Assistant City Manager VanDever, Capital Improvements Director Ash, Acting City Attorney Locke, City Secretary Jones, City Engineer Pullen, Assistant Director of Planning Callaway, Planning Assistant Longley, Traffic Engineer Black, Deputy Finance Director Schroeder, Purchasing Agent McCartney, Personnel Manager Dickson, Council Coordinator Jones See guest register. Agenda Item No. 1 - Approval of Minutes of the Workshop City Council Meeting, June 13, 1984 and the Regular City Council Meeting, June 14, 1984. Councilman Reinke stated that on the minutes of the Regular City Council Meeting, June 14, 1984, page 11, Agenda Item No. 21 should read "Councilman Boughton moved to reappoint Larry Ringer to the Bryan/College Station Athletic Federation for a one year term." Councilman Anderson moved approval of the minutes of the Workshop City Council Meeting, June 13, 1984 and the Regular City Council Meeting, June 14, 1984 with the above correction. Councilman Boughton seconded the motion which was approved unanimously, 7-0. Agenda Item No. 2 - Introduction of the Bryan/College Station Chamber of Commerce Executive Director. Louis M. Newman, III, President of the Bryan/College Station Chamber of Commerce, formally introduced their new Executive Director Ed Brady. He explained that the Chamber of Commerce had spent three and a half months considering thirty people and interviewed seven candidates before selecting Mr. Brady. Mr. Ed Brady stated that he believes in close open lines of communication with local governments and looks forward to working with the Council. 00/ 31 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 28, 1984 PAGE 2 Agenda Item No. 3 - A Public Hearing concerning an Ordinance approving the assessment and necessity for construction of Holleman Street. Assistant City Attorney Locke presented the item. She stated that this Ordinance makes the estimates for the basis of the assessments. She stated that if the construction costs are less than the assessments the remainder of the funds will be returned to the land owners and if they are more then the city will have to take up the slack. Mayor Halter opened the public hearing. Mr. Kirkpatrick, owner of a strip of land that the Dartmouth Extension will cross, stated that if the Council would zone twelve acres commercial he would dedicate the right-of-way. Mayor Halter stated that the Council was not in the position to act on the proposal. He closed the public hearing. Agenda Item No. 4 - Consideration of an Ordinance closing the public hearing and approving the assessment and the necessity for construction of Holleman Street given to the abutting property owners. Councilman Runnels moved approval of Ordinance No. 1532 closing the public hearing and approving the assessment and the necessity for construction of Holleman Street given to the abutting property owners. Councilman Anderson seconded the motion which was approved unanimously, 7-0. Agenda Item No. 5 - A Public Hearing concerning an Ordinance approving the assessment and necessity for construction of Dartmouth Street. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 6 - Consideration of an Ordinance closing the public hearing and approving the assessment and the necessity for construction of Dartmouth Street given to the abutting property owners. Councilman Boughton moved approval of Ordinance No. 1533 closing the public hearing and approving the assessment and the necessity for construction of Dartmouth Street given to the abutting property owners. 004432 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 28, 1984 PAGE 3 Councilman ~derson seconded the motion which was approved unanimously, 7-0. Agenda Item No. 7 - A Public Hearing on the question of rezoning a 6.90 acre tract of land located on the west side of State Highway 6 (East Bypass) south of and adjacent to the Bernadine Estates Subdivision, from Administrative-Professional District A-P to General Commercial District C-1. Application is in the name of John W. Haney, Sr. (84-110) Mayor Halter removed Item No. 7 from the agenda. Agenda Item No. 8 - Consideration of an Ordinance rezoning the above tracts. Mayor Halter removed Item No. 8 from the agenda. Agenda Item No. 9 - A Public Hearing on the question of rezoning Part of Lots 2, 3, 4, 13, 14 and 15 of Block B Eastmark Subdivision Phase II (6.508 acres) from General Commercial District C-1 to Commercial Industrial District C-2. Application is in the name of EastMark Partners. (84-109) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns part of Lots 2, 3, 4, 13, 14 and 15 of Block B Eastmark Subdivision Phase II (6.508 acres) from General Commercial District C-1 to Commercial Industrial District C-2. He noted that the area is reflected as commercial on the City's Land Use Plan. He stated that C-2 zoning is compatible with the existing C-1 zoning. He further stated that the only potential problem identified is the inclusion of some uses in the C-2 district which might not be desirable in this location. The Planning and Zoning Commission recommended approval of this request by a vote of 6-0, with Commissioner MacGilvray absent. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 10 - Consideration of an Ordinance rezoning the above tracts. Councilman Anderson moved approval of Ordinance No. 1534 rezoning the above tract. Councilman Boughton seconded the motion which was approved unanimously, 7-0. Agenda Item No. 11 - Reconsideration of an Ordinance rezoning a 6.34 acre tract of land in the Morgan Rector League located along the future extension of Holleman Drive adjacent to and north of the Richard Addition Subdivision, from Apartments High Density District R-6 to General 004433 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 28, 1984 PAGE 4 Commercial District C-1. (84-103) Application is in the name of James E. Jett. Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns a 6.34 acre tract of land in the Morgan Rector League located along the future extension of Holleman Drive adjacent to and north of the Richards Addition Subdivision, from Apartments High Density District R-6 to General Commercial District C-1. He noted that the area is reflected as low density residential on the Comprehensive Plan. He explained that denial of the request is recommended for the following reasons: 1) Proposed C-1 area does not meet minimum depth policy (from proposed Holleman extension); 2) Proposed C-1 area is adjacent to an existing R-1 subdivision; and 3) Proposed C-1 area is reflected as low density residential on the Land Use Plan. He further stated that Mr. Jett, the applicant, has submitted a C-1 request for the adjacent residential lots since that time. Mayor Halter invited comments from the public. Jim Jett, representative of the tract in question, stated that he is generally in favor of the buffer zoning approach, but this situation is unique. He further stated that he had attempted to contact the property owners abutting Richards Street to get their opinions on the C-1 zoning request submitted for the adjacent residential lots. He stated that he had proposed to deed restrict the property to prohibit businesses that might be loud or create noxious fumes, but was informed that the city cannot enforce deed restrictions. Councilman Anderson asked why the two rezoning requests were presented in different packages. Mr. Jett stated that this request had been tabled at the Regular City Council Meeting, February 23, 1984 with the proposal that it be considered again by the Council when the Holleman Extension was considered. Councilman Boughton asked if Mr. Jett intended to replat the entire area. qr. Jett replied negatively. He stated that he is proposing to give the ~ost fartherly east one and one-half lots to the College Station Parks Department. ~ouncilman Runnels moved approval of Ordinance No. 1535 rezoning the above tract. 2ouncilman Boughton seconded the motion. ~ouncilman Runnels stated his thought that Mr. Jett's proposal seemed a ~easonable alternative and these tracts apparently were not going to ~evelop per the Comprehensive Plan. 00 4.3 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 28, 1984 PAGE 5 Councilman Prause asked if it would be possible to bind the land donation. Acting City Attorney Locke suggested that the Council might consider some type of development agreement. Councilman Runnels withdrew his original motion. withdrew her second. Councilman Boughton Councilman Runnels moved approval of Ordinance No. 1535 rezoning the above tract to General Commercial District C-1 and directed the Mayor to withhold his signature until the abutting eight lots in the Richards Subdivision are rezoned to General Commercial District C-1. Councilman Boughton seconded the motion which was approved unanimously, 7-0. Agenda Item No. 12 - Reconsideration of an ordinance rezoning 2 tracts of land in the Morgan Rector League located adjacent to and southwest of the Woodstock Section I Subdivision from Apartments High Density District R-6 to General Commercial Distric~ C-1 (4.97 acres) and Administrati~- Professional District A-P (9.20 acres). Application is in the name of James E. Jett. (84-104) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns two tracts of land in the Morgan Rector League located adjacent to and southwest of the Woodstock Section I Subdivision from Apartments High Density District R-6 to General Commercial District C-1 (4.97 acres) and Administrative Professional District A-P (9.20 acres). He noted that the area is reflected as medium density residential on the Comprehensive Plan. He further stated that although the requested zoning is compatible with existing uses/zoning in this area, the staff cannot support this request as the tract's current zoning is in compliance with the City's Land Use Plan. He further stated that the Planning and Zoning Commission recommended denial "without prejudice" (waiving the 180 day waiting period for resubmission) by a vote of 6-0. Mayor Halter invited comments from the public. Jim Jett, applicant, stated that the proposed development of the tract fronting Highway 30 includes an office complex and would be developed as a united plan with the bank tower scheduled to be built on the existing A-P land which fronts on Harvey Road. He explained that the proposed development includes one curb cut off of Holleman between the C-1 and A-P tract to serve the 9.20 acres of Administrative-Professional and two curb cuts to serve the C-1 tract. Councilman Anderson moved to approve Ordinance No. 1536 rezoning the two tracts of land. Councilman Runnels seconded the motion which was approved unanimously, 7-0. 00/,435 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 28, 1984 PAGE 6 Agenda Item No. 13 - CONSENT AGENDA: BIDS: Consideration of Bids for underground copper power cable, 10,000', (#4/0, #1/0). Consideration of Emergency Purchase for Electric Department - moving and stationary contacts for repair of McGraw 25 MVA 138 KV transformer. PLATS: Final Plat - Replat of Lots 18 and 19 B1Qck 1 Emerald Forest Phase III. Ail items were approved by common consent. Agenda Item No. 14 - Consideration of a Resolution increasing the price of cemetery spaces in the College Station City Cemetery. Councilman McIlhaney moved approval of Resolution No. 06-28-84-14 increasing the price of cemetery spaces in the College Station City Cemetery. Councilman Boughton seconded the motion which was approved unanimously, 7-0. Agenda Item No. 15 - Consideration of an Ordinance approving the abandonment of a public utility easement on Lot 29, Block 2, Windwood Subdivision Phase III (Applicant Mr. J.A. DiBacco). Acting City Attorney Locke presented the item. Councilman McIlhaney pointed out an error in the draft of the proposed Ordinance and stated that the request for abandonment of a public utility easement was for only ten feet of a twenty foot easement. Councilman Reinke moved approval of Ordinance No. 1537 with the above noted correction from twenty feet to ten. Councilman McIlhaney seconded the motion which was approved by a vote of 6-1 as follows: FOR: Mayor Halter, Councilmen Anderson, Boughton, McIlhaney, Reinke, Runnels AGAINST: Councilman Prause Agenda Item No. 16 - Discussion of Funding Request from the Brazos County Sesquicentennial Commission. Mayor Halter stated that he had received a request for funding from the Brazos County Sesquicentennial Commission on Friday, June 29, 1984 and placed it on the agenda for Council discussion. He noted that 00 36 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 28, 1984 PAGE 7 representatives of the Commission were present to answer any questions. Phyllis Dozier, member of the Brazos County Sesquicentennial Commission, was present to answer questions. She stated that Red Cashion, Chairman of the Office, Personnel and Budget Committee, had prepared the budget. She pointed out that the Committee had tried to be as realistic as possible when preparing the budget to ensure that there would be no need to return with any additional requests for funding. She explained that if there are any funds remaining at the end of the Sesquicentennial Celebration they will be divided equally among the three entities. She noted that the Commission's major project this year is the development of a slide show, depicting the Sesquicentennial in Brazos County, which will be available to the school districts. Assistant City Manager VanDever suggested that funding for this request be from the General Fund Contingency Fund. Councilman Boughton moved to authorize the city to fund the request of the Brazos County Sesquicentennial Commission in the amount 'of $11,436.00 to be taken from the General Fund Contingency. Councilman Prause seconded the motion which was approved unanimously, 7-0. Mayor Halter pointed out that the Commission will have to return to the Council for approval of their requests for future Fiscal Years. Agenda Item No. 17 - Hear Visitors. No one spoke. enda Item No 18 - Closed session to discuss pending litigation 6252-17(2)(e)i and personnel [6252-17(2)(g)]. A. Personnel [6252-17(2)(g)]. 1. Citizen Co~L~t, ittee Appointments. 2. City Council Appointments. The Council moved to closed session and later reopened to the public. Agenda Item No. 19 - Action on closed session. Councilman Boughton nominated Councilman Bob Runnels to serve as Mayor Pro-Tem. Councilman Reinke seconded the nomination which was approved Unanimously, 7-0. 00/ 37 REGULAR CITY COUNCIi MEETING THURSDAY, JUNE 28, 1984 PAGE 8 Agenda Item No. 20 - Adjourn. Mayor Halter adjourned the meeting at 9:15 P.M. Attest: Gary H~r, Mayor Dia~ Jones, C~ Secretary 00/i.&38 GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 28, 1984 7:00 P.M. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 13. 28. 14. i5. 29. 30. 00 &39