Loading...
HomeMy WebLinkAbout09/09/1982 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Boughton, Nemec, Jones, Ringer, Prause, Runnels COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Asst. City Manager VanDever, Director of Capital Improvements Ash, City Planner Mayo, City Attorney Denton, Deputy City Secretary/Council Coordinator Martin, City Secretary Jones, Administrative Asst. Nowlin, Tax Assessor-Collector Dickson, Deputy Finance Director Schroeder, Asst. Director of Planning Callaway, Asst. Parks and Recreation Director Czimskey, Asst. Planner Longley VISITORS PRESENT: See guest register. Mayor Halter signed a proclamation designating September 3-12, 1982 as Drunk Driver Awareness Week. Agenda Item No. 1 - Approval of the minutes of the Workshop City ~ouncil Meeting,. ~9~ust 25, 1982 and the R~gular City Council Meeting, August 26, 1982. Councilman Boughton moved to approve the minutes as read. Prause seconded the motion which passed unanimously. Councilman Agenda~Item No. 2 - Public hearing on the qqestion of rezoning approx~matgly 16.168 acres on the south side of Southwest Parkway approximately 600 feet east of Texas Avenue from 'Single Family Residential District R-1 to Planned Comme~ical DiStrict C-3 and A~ministrativ- Professional ~istric~ A-P. Applicat{on is in the name of Morris F. Hamilton, Jr. [82-133] Mayor Halter stated that the Council has received a letter requesting that they table this item. He indicated that all cost of notifications or any other fees will be paid for by Mr. Hamilton. Councilman Runnels moved to table this item. the motion which passed unanimously. Councilman Boughton seconded A~enda Item No. 3 - Consideration of an Ordinance rezoning the above tract. This item was also tabled with Item No. 2. A~enda Item No. 4 - Public hearing on the ~uestion of rezoning 4 tracts of land containiq~ a total of 8.5 acres and located north of the intersection of Texas Avenue and State Highway 6 Bypass in an area bounded b~ Texas 003638 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE 2 Avenue, State Hwy. 6 Bypass, and the southern boundary of the Bernadine Estates Subdivision, from District C-1 General Commercial and District A-P Administrative Professional to District A-P Administrative Professional. This action has been initiated by the Planning and Zoni~ CommisSion of the dit~ of College S~tion. '~'82£132~ ~ Asst. Director of Planning Callaway presented the item. He stated that on July 1, 1982, the Planning and Zoning Commission directed the city staff to initiate rezoning of the area. This area includes four tracts which are currently zoned A-P Administrative Professional and C-1 General Commercial. The City Council previously approved the rezoning with the stipulation that the Mayor would not sign the rezoning ordinance until a 25 ft. setback was provided for along the common boundary with the Bernadine Estates Subdivision. The stipulation was upheld. The PZ Commission considered a petition from residents of the Bernadine Estates Subdivision. In the petition, the residents cited opposition to a proposed commercial developement in that area and requested that the Commission initiate rezoning of this area to a residential classification. The Commission requested land use recommendations for the area and appointed a committee to work with the staff. He indicated that the City Secretary has received a protest in opposition to this action, said protest beinq signed by the owner of more than 20% of the area involved. A favorable vote of three-fourths of all members or the Council will be necessary for this rezoning. Mayor Halter opened the public hearing. Wade Griffin spoke in favor of the rezoning. He stated that the Council should not base a rezoning decision on a proposed land usage plan and indicated that the residents of Mile Drive were in favor of this change in zoning. John Hainey, owner of the tract, spoke in opposition to the rezoning. He stated that hehadpurchased this property to develop a business and has completed the site plans for it when he found out the problem with this tract. He stated that he did not want to build a project on the tract with neighborhood opposition and would be willing to work with the residents in this area. Councilman Nemec asked if having two zones on this tract would cause access problems to each zone. Mr. Hainey stated that the PZ Commission requested that one driveway be allowed into the area and further access be constructed within the project. Dale Stringellow, employed by the Jett Property Management, stated that he represented the prospective buyer of this property. He stated that the buyer has developed a compatible use plan for this area which would not 003'639 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE 3 cause problems for area residents. Jack Burke, Real Estate representive from Payless Cashway, Inc. of Kansas City, Mo., presented pictures similar to a proposed plan of construction for this area. He stated that his company will be developing a lumber yard and warehouse facility, and answered questions about the project. Mayor Halter suggested tabling the item and trying to negotiate a compromise with area residents and the owners of this tract. GaLl Griffin stated that she objected to noise this business will cause and to the growth of traffic in the area. She also stated that if the owner resells the property to another individual, another unfavorable development may occur. Les Palmer stated that he has been working with Mr. Hainey on this project. He stated that the Comprehensive Plan indicates that commercial areas should be located at points where high vehicular access occur, such as this property. After further discussion of Bernadine Estates, Marilyn Davis stated that she felt the residents were not the cause of this problem because when they bought there, the property on both sides was zoned R-1. She explained why she believes that the residents had more to lose than the businesses. Mr. Hainey stated that he would be willing to give the residents on Mile Drive the 25 ft. setback required previously for a setback, if doing so would be legally allowed. City Attorney Denton stated that the owners still controlled the 25 feet even though it is a setback and could grant the land to the residents. When no one else spoke, Mayor Halter closed the public hearing. Councilman Ringer asked Director of Capital Improvements Ash what the traffic situation would be if the tract remained a commercial zone. Director of Capital Improvements Ash replied that without seeing a site plan for the area it would be hard to determine. He stated that probably only one access point would be granted along Texas Avenue. Agenda Item No. 5 - Consideration of an Ordinance rezoning the above tract. After discussion by the council, Councilman Runnels moved to approve Ordinance No. 1384. The council has previously allowed a 5-2 vote to be a 3/4tbs vote by the council. Councilman Prause seconded the motion which passed by the following vote: 0036 0 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE 4 FOR: Councilmen Ringer, Boughton, Nemec, Prause, Runnels AGAINST: Mayor Halter, Councilman Jones This action created Ordinance No. 1384. A~enda Item No. 6 - CONSENT AGENDA: BIDS: Consideration of bids for Bee Creek Development. PLATS: Final plat - Division of Kenneth Schick 36.182 acre tract. Councilman Nemec asked that the final plat be removed. common consent. The bid passed by City Planner Mayo presented the item. He stated the site plan has been approved for an apartment project for this location. Remaining tracts include a commercial tract and a parkland dedication tract in this area. He stated that the matter of providing access to the tract located behind this property has been discussed. He indicated that as long as the city owns property in this area where access could be built, there should not be a problem approving this plat. Councilman Boughton moved to approve the final plat. seconded the motion which passed unanimously. Councilman Jones City Attorney Denton stated that, after discussing the previously voted Ordinance No. 1384, 3/4% of 7 members is a 5.25 vote required vote or at least 6 votes. The issue would need to be re-discussed by the council if they felt it was necessary. Councilman Jones stated that when the property was first rezoned, a proposed plan was presented to the Council and agreed upon by residents and PZ. Since project plans have changed, he suggested that the new owner refer to the development that was proposed previously and build in accordance with it. Mayor Halter stated that he felt an agreement could be worked out between the owner and the residents of Mile Drive since it has been done before. He would not support an increased density of zoning for this tract. Councilman Ringer asked if the Council could control a site plan on the basis of its usage of development. City Planner Mayo stated that the City Attorney would have to answer the question but he felt this could cause problems if the council voted on a site plan based on what is built there. Councilman Jones asked if an area could be zoned with a conditional use included in the Ordinance. 0036 . 1 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE t City Attorney Denton replied that City Council cannot have a condition in the Ordinance for a particular use. Also, at the time this tract was rezoned, there were no conditions made for this tract. He indicated that a condition for traffic flow could be made. Councilman Runnels moved to reconsider Item No. 5. seconded the motion which passed unanimously. Councilman Ringer Jim Jett, Realtor, asked if a contract could be written stating the use of the property and in the event the buyer does not build on the tract, the tract would revert back to its original zone. Marilyn Davis stated that she had asked this question before and suggested same to the Council and was told it was illegal. John Hainey stated that he felt he should not have to be restricted in this way since he was not involved in the original zoning of this tract in 1979. Councilman Runnels moved to rezone the property A-P and create Ordinance No. 1384 due to the invalidity on the original vote. Councilman Prause seconded the motion which passed as follows: FOR: Councilmen Ringer, Boughton, Nemec, Prause, Jones, Runnels AGAINST: Mayor Halter Agenda Item No. 7 - Consideration of a prq~osal to increase budgeted tax revenues and General Fund Contiqgency. Mayor Halter explained the item. He stated that the staff has reported that when the budget was passed, the tax roll had not been certified. After completion of the certification, an additional $52,623.00 in taxes was finalized. The staff requested that this money be included in the General Fund Contigency. Councilman Ringer moved to increase budgeted tax revenues and General Fund Contingency by $52,623.00. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 8 - Consideration of claim of Ms. Alberta Jerkins. Attorney for Ms. Jerkins, Angela Neville, presented her client's case to the council. She indicated that a portion of Ms. Jerkin's property was taken without compensation by the city when the street in front of the property was paved. She requested that the city pay for the property plus interest and damages. 0036&2 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE 6 Mayor Halter pointed out that the paved street located in front of Ms. Je~kin's property was paid for by the city and not assessed to the property owners. He felt paying for the street improvements in this area could compensate for Ms. Jerkin's property loss. He stated that street improvements usually increase property assessment. City Attorney Denton stated that Ms. Jerkin's assessed value of the land and interest rate was probably too high in the letter which addressed the council. He stated that damage to a piece of property is not valid after 2 years and therefore felt the city should not include any damage costs in a settlement. He suggested the council allow him to determine a calculated settlement cost and present it to Ms. Jerkins at a later date. If Ms. Jenkins is not satisfied with the settlement, she may appeal. Councilman Jones stated that he would like for the council to be informed what the settlement figure will be at that time. After further discussion, Councilman Ringer moved to allow the City Attorney to calculate a settlement figure for Ms. Jerkins with an interest rate no higher than the current paving assessment interest rate. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. in Northgate. 9 - Consideration of a policy statement conqerni~g parking Councilman Boughton stated that the council had directed the staff to determine a policy statement for Northgate area to provide direction for the Zoning Board of Adjustment. City Planner Mayo recommended that no parking variances be granted within the designated boundaries of the Northgate area until a committee can review the area and make final recommendation. The designated boundaries will be University Drive on the south, Wellborn Road on the west, city limits on the north, and College Avenue on the east. City Attorney stated that he felt it was necessary that the policy be valid for a set period of time. Councilman Ringer moved to adopt the policy statement to be valid for a period of 12 months to allow a committee to review the area and problems. Councilman Runnels seconded the motion which passed unanimously. Councilman Prause asked that people who are interested in serving on this commitee fill out applications in the council office. The council will select a committee in two weeks. 0036 3 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 9, 1982 PAGE 7 Agenda Item No. 10 - Hear visitors. No one spoke. ~genda Item No. 11 - ~d$ourn. Mayor Halter adjourned the meeting. Dian Jones, ~1~ Secretary '0038 4 6~ST I~E~I~ CITY ~CIL ~EETING ~DAY~ ~ 9~ 1982 7:00 P.~o ~ SI(~I BEIE~: 17. 18. 19. 0e 21. 2e e e 4e e 25. 10. 11. 27. 12. 13. 9e 14. 15. 31. 32. 0036 5