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HomeMy WebLinkAbout03/12/1981 - Regular Minutes City Council MINUTES Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. COUNCIL MEMBERS PRESENT: Councilman Ringer, Runnels, Kelly, Boughton, Jones, Dozier, Student Government Liaison Herring COUNCIL MEMBERS ABSENT: Mayor Halter STAFF PRESENT: Traffic Engineer Black, City Secretary/Tax Assessor-Col- lector Schroeder, City Engineer Ash, City Planner Mayor, City Attorney Denton, Assistant City Manager/Director of Finance Van Dever, Building Official Perry, Purchasing Agent Weddle, Fire Chief Landua VISITORS PRESENT: See guest register Agenda Item~No. 1-Approval of minutes from the Workshop City Council Meeting of Feb- ruary 25, 1981 and the Regular City Council Meeting of February 26, 1981. Councilman Ringer announced there was not a public hearing on the sale of beer at Cen- tral Park on this meeting's agenda as a local newspaper article had ~mplied. He stat- ed that this public hearing would be held at a later date. Councilman Ringer then announced that Mayor Halter and City Manager Bardell were in San Antonio on City Business and would not be present at this meeting. Councilman Ringer was sitting in Mayor Halter's place, acting as ~yor Protem, and Assistant City Manager Van Dever was sitting in City Manager Bardell's place. Councilman Boughton moved approval of the minutes. Councilman Kelly seconded the motion which passed unanimously. Agenda Item No. 2-A public hearing on the question of rezoning the following six tracts located between University Drive, the East Bypass and Dom~nik Drive: TRACT 1: TRACT 2: TRACT 3: TRACT 4: TRACT 5: 17.499 acres from Single Family District R-1 to General Commercial District C-1. 7.199 acrcs from Single Family District R-1 to Apartment District R-4. 13.955 acres from Single Family District R-1 to Townhouse District R-3. 2.333 acres from Single Family District R-1 to Administrative/Profes- sional District A-P. 4.457 acres from Single Family District R-1 to Townhouse District R-3. TRACT 6: 4.982 acres from Single Family District R-I to Single Family District R-iA. The application is in the name of Brazosland Properties. MINUTES Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. page 2 Councilman Ringer requested that the Glenhaven Plat be removed from the Consent Agenda so that it may be discussed along with the Glenhaven rezontng. He asked the City staff to report on their considerations and recommendations and the basis for those recommendations. City Planner Mayo presented and explained the rezoning. He stated the staff and P&Z recommended approval of the proposed rezoning request. City Engineer Ash presented the results of a traffic study done at the Council's re- quest. Councilman Ringer opened the public hearing asking to hear from those in favor of the proposed rezoning first. Steve Ardan, representative of Brazosland Properties, spoke in favor of the rezoning request. He stated the reasons behind this rezoning request. Gary Anderson, of 1105 Dominik, spoke in favor of the rezoning. Bob Arbuckle, of 1502 Dominik, spoke in favor of the rezoning. When no one else spoke in favor of the rezoning request, Councilman Ringer asked to here from those oppossed. Peter Hugill, of 1100 Westover stated he was speaking on behalf of the College Hills/ Carters Grove Homeowner's Association. He spoke in opposition to the rezoning request and the proposed extension of Francis Street. Mr. Hugill stated that any rezoning other than R-1 would lead to a considerable increase in traffic. He thought this would endanger the safety of children walking or cycling to the College Hills School and devalue the property on thru streets. He stated that 500 questionaires were circulated in the College Grove/College Hills area. Approximately 25% of these were returned. The majority of the -questionaires returned (88.9%) felt that Glenhaven Estates would increase traffic on Francis. Councilman Ringer questioned the validity of the questionaires. Mr. Hugill stated that he did not have enough time to do a thorough questionaire. Councilman Runnels asked Mr. Hugill what he would suggest as an alternative street plan. Mr. Hugill stated that he did not want a street plan that attracted traffic other than that of the neighborhood. His plan was to see Francis make two right angle turns. Councilman Jones asked Mr. Hugill if a vote had been taken at the first meeting in favor of extending Francis, Carol and Dominik. Mr. Hugill stated that the result was not in favor of extending these streets. 0,31 1 MINUTES Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. page 3 Councilman Kelly asked Mr. Hugill what his major objection was. Mr. Hugill stated that his major objection was the traffic generated by a Commezcial zone. George Bass, of 1612 Dominik, spoke in opposition to the extension of Francis Street. He pointed out that irresponsible drivers were those that were not residents of the neighborhood. Mr. Bass stated this rezoning is inconsiderate to the residents of the area. Councilman Jones pointed out that the C-1 area was at one time larger than the present C-1 area. Steven Miller, of 1201 Francis, agreed with Mr. Hugill and Mr. Bass. He stated that he did not want to see his neighborhood change since it is a successful one. Councilman Dozier told Mr. Miller of the many changes in his neighborhood and that he has accepted them. He pointed out that neighborhoods can accept change and still be succesfull. Norman Guinasso, of 1112 Marstellar, spoke on the validity of the poll. He stated that he carried the poll on both blocks of Marstellar. Most of the people he talked to did not speak in favor of the rezoning. He did not think the plat should be approved without a park. He stated that most of the residents major objection to the plat is the extension of Francis. Councilman Ringer stated that the reason he questioned the validity of the questionaire was that he could not obtain one himself. He stated that he had been told by the res- idents that the questionaire was bias. He then explained the Parkland Dedication re- quirement and the process involved. Councilman Dozier asked Mr. Guinasso if he thought that everytime a request to rezone land is made a pubic hearing should be held and the people should decide how the land should be rezoned. Mr. Guinasso answered yes. He stated that this was the proceedure in every Community he has lived in, one of these being Palo Alto, California. Nancy Thornberry, of 1006 Francis, spoke in opposition on the basis of the traffic increase the extension of Francis would cause and the C-1 area. She suggested putting two 90° turns on Francis. Councilman Kelly informed Ms. Thornberry that this plan was in violation of city ordinance since it has two 90° turns. Fred Thornberry, of 1006 Francis and resident of 22 years, suggested that the Council get with the citizens to reach an agreement. He stated his concern for the safety of the school children walking to school. He suggested that another survey be taken. 031 ;g MINUTES page 4 Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. Rudy Freund, of 1508 Dominik, spoke in favor of the rezoning and the extension of Francis. Mrs. Reinke, of 1034 Rose Circle, asked the Council questions on the type of business proposed for the C-1 area and the type of control the city would have over this. City Planner Mayo stated that any type of business in the general commercial zone is allowed, but the site plan had to be approved by Planning and Zoning. Ms. Reinke asked what order would the developement occur. Mr. Ardan stated that the residential would be first and the commercial last. Dick Edwards, of 1214 Mary Oaks, spoke in opposition to the rezoning. Mr. Pennington, of 900 Francis, spoke against the extension of Francis Street. Dr. Elmquist, a resident of Post Oak Forest, expressed he~ concern far the ~ncreased traffic problem the plan might bring about. Bill Wasson, of 1608 Austin, expressed his concern for the effect this would have on the school districts. Cliff Young, a resident on the other side of town, asked the Council if West Dexter and East Dexter were still separated. Councilman Ringer stated that they were. Steven Miller, of 1201 Francis, stated that he thought the people in the area should be the primary concern and that a poll should be taken. When no one else spoke, Councilman Ringer closed the public hearing. Councilman Jones questioned the consideration of the Park area. Councilman Ringer stated that negotiations would be made with the developer. Councilman Runnels moved to send this rezoning issue back to P&Z to develop a better plan. Councilman Ringer asked for a second. No one spoke. He again asked for a second. When no one spoke Councilman Ringer stated that the motion died. Councilman Jones moved to table the rezoning until after the plat had been discussed. Councilman Kelly seconded the motion which passed unanimously. MINUTES Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. page 5 Councilman Ringer stated that the next item, by consent of the Council, would be the item removed from the Consent Agenda; Consideration of a master prliminary plat - Glenhaven Estates located between Univer- sity Drive, the East Bypass and Dominik Dr. City Planner Mayor presented the plat and stated the reasons why the plat provides the extension of Francis. Mr. Mayo stated that without the extension of Francis it would become a collector street not going through. Councilman Ringer asked Mr. Mayo to address the suggestion of the two right angle turns. City Planner Mayo stated that this was illegal and would violate city ordinance. He stated that this would cause a safety hazard and decrease the efficiency of the street moving traffic through. He also stated that he did not think traffic from the bypass would be using Francis. He then explained why. Coumcilman Ringer stated that there was no requirement to hold a public hearing on plat approval, but that it was Council Policy to hear the public whenever they had some- thing to say to the Council. He then stated that many of the citizens present had already addressed the plat issue and requested that citizens speak only if they had something to add to these previous comments. Mr. Ardan spoke in favor of the plat. Dick Edwards, of 1214 Merry Oaks, stated that the City Planner should work with the developer and the citizens. When no one else spoke Councilman Ringer asked for discussion or a motion from the Council. Councilman Runnels asked if there was any other plan that could be developed. Councilman Kelly explained the many problems encountered in developing this plat. He then presented a rivised street plan for the Council to consider. Councilman Ringer explained how the plat was derived and the problems involved. John Painter, of 1119 Merry Oaks, asked Mr. Kelly why he did not explain these problems sooner. He then asked if a dip would be put in Francis. Fred Thornberry requested the Council table this matter. Councilman Runnels moved to return the plat to P&Z. Councilman Ringer asked for a second. He again asked for a second. Hearing none the motion died for lack of second. Councilman Boughton commended the staff and the council members involved on their hard 0315 MINUTES Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. page 6 work they contributed on this issue. Councilman Boughton moved approval of the plat with the changes suggested by Mr. Kelly Councilman Kelly seconded the motion. Councilman Ringer asked for discussion. He then explained that he did not think tabl- ing this plat would accomplish anything. He stated that all alternatives had been taken into consideration and that this was the best plan. Councilman Runnels stated that he did not think this was the best plan. Councilman Dozier explained the process of city government. He stated that all of the people cannot possibly be involved in every decision made by the city. Councilman Kelly called for the question. Voting For: Councilmen Boughton, Kelly, Jone, and Ringer. Voting Against: Councilmen Runnels and Dozier. Councilman Jones moved to take agenda item no. 3 off of table. Councilman Boughton seconded the motion. Voting For: Councilmen Ringer, Kelly, Jones, and Dozier. Voting Against: Councilman Runnels, Cou~ncilman J~nes moved to rezone tracts 1,2,4,5, and 6 as requested and that Tract 3 remain R-1 until consideration be made on a park. Councilman Kelly seconded the motion. City Planner Mayo stated that Tract 3 is not just park area. Councilman Kelly withdrew his second. Councilman Ringer asked for a second. He again asked for a second. Hearing none the motion died. Councilman Ringer then asked for another motion. Councilman Boughton moved approval of the proposed rezoning as requested. Councilman Kelly seconded the motion which passed unanimously making it Ordinance #1273 MINUTES Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. page 7 Agenda Item No. 4-A public hearing on the question of rezoning a 4.68 acre tract located 150 feet south of the intersection of Welsh Blvd. and San Benito Drive from Agricultural/Open District A-O to Duplex District R-2. The application is in the name of Southwood Valley, Inc. City Planner Mayo presented and explained the rezoning request and recommended approval. Councilman Rimger opmmed ~he public hearing asking to hear from those in favor first. Mr. Fitch spoke in favor of the rezoning. When no one else spoke Councilman Ringer asked to hear from those opposed. When no one spoke Councilman Ringer closed the public hearing. Agenda Item No. 5-Consideration of an ordinance rezoning the above tract. Councilman Dozier moved approval of the rezoning as requested. Councilman Kelly seconded the motion which passed unanimously making it Ordinance #1274. Agenda Item No. 6-A public hearing on the question of rezoning a 14.55 acre tract located east of and adjacent to F.M. 2154 and approximately 5,000 feet south of F.M. 2818 from Agricultural/Open District A-O to General Commercial District C-1. The application is in the name of Southwood Valley, Inc. City Planner Mayo explained the rezoning request and recommended approval. Councilman Ringer opened the public hearing asking to hear from those in favor of the rezoning first. Mr. Fitch spoke in favor of the request and presented his plan for developement. When no one else spoke, Councilman Ringer asked to hear from those oppos6d. When no one spoke the public hearing was closed. Agenda Item No. 7-Consideration of an ordinance rezoning the above tract. Councilman Boughton moved approval. Councilman Kelly seconded the motion which passed unanimously making it Ordinance #1275. Agenda Item No. 8-A public hearing on the question of rezonin§ a 99.19 acre tract generally located 7,000 feet southeast of the intersection of F.M. 2154 and F.M. 2818 from Agricultural/Open District A-O to Apartment Building District R-5. The Applica tion is in the name of Southwood Valley, Inc. MINUTES Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. page 8 City Planner Mayo presented the rezoning request and pointed out the consulting engineers statement, Riewe and Wischmeyer, which states the proposed rezoning is within the capacity of the existing sanitary sewer system. He recommended the re- zoning request be approved. Councilman Ringer opened the public hearing asking to hear from those in favor first. Mr. Fitch spoke in favor of the rezoning request. When no one else spoke in favor Councilman Ringer asked to hear from those oppossed. Bob Vanard of Southwood Valley, mentioned his concern was the sewer problem and urged the city to be cautious. Cliff Young asked City Engineer Ash and City Planner Mayo questions concerning the sewer system in this area. City Engineer Ash assured Mr. Young that all aspects had been considered. Gary Patterson, of 2809 Adrienne, asked the Council and City Engineer questions con- cerning the city's sewer capacity limits. When no one else spoke the public hearing was closed. Agenda Item No. 9-Consideration of an ordinance rezoning the above tract. Councilman Kelly moved approval of the rezoning as R-4. Councilman Dozier seconded the motion which passed unanimously makinig it Ordinance #1276. Agenda Item No. 10-A public hearing concernin8 the level of local service of GTE. Councilman Ringer opened the public hearing and stated that the city would have a representative at the public hearing in Austin where the public~'s comments would be relayed. Raghumal B. Agarwal, of 1103 Guadalupe, 693-2021, stated that this number was out of order approximately 17 times within the last 3 months. He stated that a telephone repairman had cut his television cable prior to the Superbowl game. He stated that the telephone equipment is obsolete and the employees are not properly trained. R.M. Logan, of 202 Timber, 696-8174, stated that he has had good service from GTE over the 19 years he has been a resident. Stella Wilkes, of 501 Park Place, 696-7192, stated her opposition to the directory assistance asking for the individuals number before giving them the number requested. She thought this was an inconvenience to older citizens and children who might need a number in an emergency. Dottie Clark, 693-7774, does not live in the city limits, stated that her phone is frequently out of order. She told of an instance when she needed to reach a Doctor but could not because her telephone was no in service. She did not think it was fair to 031 7 MINUTES Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. page 9 pay $9.42 for a telephone that does not work. She went into great detail about the excellent service her dauthter, who has been a resident of the earthquake zone in San Fransisco/Berkley area for 17 years, receives. She stated that her phone was out of order for 2 weeks out of the last month. Another problem she described was a "beaping" sound while the repairman was working on their lines. She had been told by a GTE employee that her phone was ground anytime a member of her partyline left their phone off of the hook in order to protect the telephone company's equipment. Mrs. Clark, living out of the City Limits, stated it was a great inconvenience when their phone was out of order. She requested that GTE not be allowed to renew their franchise. She stated that they have had long enough to improve their service. Cliff Young, 693-3371, spoke in favor of the quality of service GTE has provided. He said he had very little problem with their service. When no one else spoke, Councilman Ringer closed the public hearing. Agenda Item No. ii-CONSENT AGENDA: BIDS: Standby station service power for electrical substations Two lawn and garden tractors Concession cabinets at Krenek Park One trailer-mounted hydraulic puller-tensioner reel 3,000 feet of chain link fencing for wastewater treatment plant used truck for street department 140 1,5000 Watt lamps for Krenek Park Automobile for Fire Chief PLATS: Consideration of a master preliminary plat - Glenhaven Estates located be- tween University Drive, the East Bypass and Dominik Drive. Consideration of a master preliminary plat - University Park Addition. Consideration of a preliminary plat - University Park, Phase One. Consideration of a preliminary plat - West Ridge Addition. Consideration of a final plat - Dragon's Nest Addition - Revised. Consideration of a final plat - Southwood Valley Section 19. Councilman Dozier moved approval of ail bids. Councilman Kelly seconded the motion which passed unanimously by Common Consent. Councilman Runnels requested removal of the University Park Plats. Ail other itmes were approved by Common Consent. City Planner Mayo presented the plats and recommended approval. City Engineer Ash and City Planner Mayo answered questions of the Council. 031.,58 MINUTES page 10 Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. Councilman Runnels moved approval with the recommendations of the staff. Councilman Boughton seconded the motion. Voting For: Councilmen Boughton, Kelly, Runnels, Dozier Voting Against: Councilman Ringer Agenda Item No. 12-Consideration of a proclamation for the Beautify Brazos County Association. Councilman Dozier motioned to authorize the Mayor to sign the Proclamation. Councilman Kelly seconded the motion which passed unanimously. Agenda Item No. 13-Consideration of a resolution settin$ electrical inspection fees. Building Official Perry presented the proposed resolution for electrical fees and explained the fees. He recommended approval. Councilman Dozier moved approval. Councilman Kelly seconded the motion which passed unanimously. Agenda Item No. 14- Consideration of Street name change for the Kyle Street Extension. City Engineer Ash presented the proposed name for the new extension of Kyle Street to be called Jersey Street East. After much discussion, Councilman Dozier moved to table this consideration. Councilman Runnels seconded the motion. Voting For: Councilmen Dozier, Boughton, Ringer, Jones. Voting Against: Councilman Kelly. Agenda Item No. 15-Consideration of Ordinanace Amending Easterwood Field Airport Zoning Board. Tax Assessor-Collector/City Secretary Schroeder presented and explained the ordinance. He stated that two new members needed to be appointed to the board to represent the city. Councilman Kelly moved to table the ordinance until the Council could discuss the appointment. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 16-Request to appropriate $32,000.00 to Computer Project. Fund from Utility Fund Contingency as these items are utility associated. 031,59 MINUTES page ]1 Regular City Council Meeting Thursday, March 12, 1981 7:00 P.M. Assistant City Manager/Director of Finance Van Dever explained the proposal and sug- gested approval. Council Kelly moved approval to transfer funds. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 17-Hear Visitors. No one spoke. Agenda Item No. 18-Closed session to discuss personnel, pending litigation and land acquisition. The Council moved to closed session and later reopened to the public. Agenda Item No. 19-Action on closed session. Councilman Jones moved to deny action on the claim by R.P. Crawford. Councilman Kelly seconded the motion which passed unanimously. Agenda Item No. 20-Adjourn. ~yor Halter adjourned the meeting. ATTEST: APPROVED MA-~fORTM 031'$0 Regular City Council Meeting Thursday, March 12, lgB1 7:00 P.M. PLEAS_~E SIGN BELOW: J ' ~ 3. ~, 21. 4. 2 ge 10. ll. 29. 12. 30. 33. 35. 36.