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HomeMy WebLinkAbout01/08/1981 - Regular Minutes City CouncilMINUTES Regular City Council Meeting Thursday, January 8, 1981 7:00 P.M. MEMBERS PRESENT: Mayor Halter, Councilmen Dozier, Boughton, Kelly, Ringer, Jones, Runnels, City Planner Mayo, City Engineer Ash, City Secretary Schroeder MEMBERS ABSENT: none. VISITORS PRESENT: See guest register. Asenda Item No. 1-Approval of minutes of the December 18~ 1980 meetins. Mayor Halter stated that a request had been made to move agenda items 5 & 6 before agenda items 3 & 4. Councilman Ringer moved to amend the agenda to move items 5 & 6 before items 3 & 4. Councilman Boughton seconded the motion which passed unanimously. Councilman Ringer moved to approve the minutes of the December 18, 1981 meet- ing. Councilman Boughton seconded the motion which passed unanimously. A~enda Item No. 2-Consideration of an ordinance increasin8 the fees of Health Service. City Manager Bardell explained that this came about as a result of two factors; 1.) The Council's request for the staff to conduct a survey of the various fee services that the City provided for the public that were funded out of the gen- eral fund and whether or not these fee services were supporting themselves or were a cost to the general fund. 2.) The City of Bryan questioned the fact that they were being asked to provide 50% of the local support to the City-County Health Unit while the City of College Station provided only 20% of that support, and Brazos County provided only 30%. He stated that the study of the services that the Brazos City-County Health Unit performs indicates that Bryan does receive approximately 51% of the services and College Station less than 20%. He then explained, in detail, the findings of the study. The major conclusion of this study was that a considerably larger amount was being paid to the county for services thm~ the city was taking in for them. Mayor Halter asked for public comments. Ron Smestuen, owner of Mr. Gatti's Restaurant, questioned the source of inform- tion of this study. He stated that the health service was a public service and should not be funded totally by the restaurants. Ken Martin, a local restaurant owner, asked the Council questions about the pro- posed resolution. He stated that there was not enough input from the people being affected by this proposed resolution. 03093 Regular City Council Meeting Thursday, January 8, 1981 7:00 P.M. page 2 Betty Young of the Ramada Inn suggested tabling this matter to give the local members of the Restaurant Association a chance to meet with the Council and discuss this matter. Phill Springer, owner of McDonalds, also suggested tabling this matter in order to give the restaurant owners a chance to contribute to the proposed resolution. He pointed out the sign ordinance is not enforced and did not want to see this happen again. Mr. Springer suggested that inspections should be done at random. Mike Wright, manager of Pelicans Wharf, stated his restaurant had never been inspected during working hours and questioned the quality of service the County Health Department was providing. He asked the Council if the City was indeed receiving the services they were paying for. City Manager Bardell told himthat the City was receiving the services they were paying for. Councilman Jones moved to table the resolution until negotiations could be made with members of the Restaurant Association. Councilman Kelly seconded the motion which passed unanimously. Councilmen Ringer and Jones volunteered their services to investigate this matter further. The Council decided that final action would be taken at the Regular City Council Meeting of January 22, 1981. Agenda Item No. 5-A public hearing on the question of rezoning Blocks 2 and 3 of the Brentwood Addition, Section 5 from Single Family Residential District R-1 to Duplex District R-2. The application is in the name of Brentwood, Inc. City Planner Mayo explained the rezoning and stated that the P&Z was not in favor of this rezoning. Mayor Halter opened the Public Hearing and asked to hear from citizens in favor of the rezoning first. No one spoke. He then asked to hear from members of the public opposed to the rezoning. Jerry Miller of 2313 Auburn Court spoke against the rezoning. He stated that the P&Z had voted unanimously against it. He thought the rezoning would cause his property to depreciate. Janet Davidson of 2302 Auburn Court stated that she bought her property with the understanding that the area mentioned would remain Single Family Residential and that she was evidently misled by her Realtor. Mayor Halter closed the Public Hearing when no one else spoke. 0309't Regular City Council Meeting Thursday, January 8, 1981 7:00 P.M. page 3 Agende Item No. 6-Consideration of an ordinance rezoning the above tract. Councilman Ringer moved to deny passage of the proposed ordinance. Councilman Kelly seconded the motion which passed unanimously. Agenda Item No. 3-A public hearing on the question of rezoning a 53.~8 acre tract located on the east side of the East Bypass and 2,000 feet south of Raintree Drive from Single Family Residential District R-1 and Agricultural/ Open District A-O to Planned Industrial District M-1. The application is in the name of Mr. Glynn A. Williams. City Planner Mayo explained the rezoning. He also explained that the Comp- rehensive Plan was a planning process changing constantly according to needs that arise. He mentioned the many factors that present the need to deviate from the Comprehensive Plan. He pointed out the P&Z's recommendation in favor of rezoning and the controls that will be involved in making this area compatible to a residential district. Mayor Halter opened the Public Hearing asking to hear from those in favor of the rezoning first. John M. Lawrence, a local attorney, stated that he was representing the industry proposed for the mentioned tract. He pointed out the P&Z's, the City staff's, and the industrial section within the City's recommendation for rezoning this area. He explained some details about the industry and why the industry could not reveal its indentity. Based on his knowledge of the industry he assured the public and Council that is was compatible to a residential section. When no one else spoke in favor Mayor Halter asked to hear from members of the public opposed to the rezoning. Frederick B. Bower, Jr., of 2500 Yorktown Court in Raintree Subdivision pre- sented a written and oral statement to the Council opposing the rezoning. Mr. Bower stated that the rezoning would cause a compromise of governmental principles, deterioration of the quality of life in the City of College Station, and a possible violation of legal and ethical considerations. Mr. Webb, a resident of Raintree, pointed out he thought that the Master Plan should be changed before rezoning occours rather than to rezone then change the Master Plan. He stated that this damages the credibility of the Master Plan. Mr. Webb pointed out several disadvantages of having an industry in this area. One of these disadvantages being the traffic problem an industry would create. He also pointed out that the proposed industry for this tract was a manufacturing industry. Mr. Webb stated that the controls mentioned were vague. Fred Lohmeyer, attorney of Bryan, spoke on behalf of Residents of Raintree. He thought the Comprehensive Plan should be followed. He pointed out that the area at hand was zoned residential and not industrial. Mr. Lohmeyer stated that if this exception were made it would open the door to more ex- ceptions. He also questioned the control involved and thought once this property is zoned industrial any industry could move on this property. 0 097 Regular City Council Meeting Thursday, January 8, 1981 7:00 P.M. page 4 Ray Martin, a resident of Raintree, stated his concern for the traffic problem an industry would create in this area. He expressed a concern for the future of the adjoining tract and the effect this rezoning would have on it. Jim Biehn, a resident of Raintree, stated he chose the Raintree area because of the zoning of the Comprehensive Plan. He stated several negative factors an industry brings to a community. Boyd So-Rell, Sherman Court in Raintree stated he moved and built his home in this area because of the zoning in this area. He stated he was not against industry, but did not want it in this area. Mr. Witchskero, a resident of Windwood, stated his concern for the traffic problem an industry would create in this area. He also questioned the quality of Planning in College Station. Dave Reece asked City Planner Mayo questions about the tract. Butt Hermann asked if an o~rpass at Southwest Parkway were built would this alleviate the traffic problem. Mayor Halter stated it was on the Highway Department's twenty year plan. Norma Bagnal stated she was not a resident of Raintree, but was against this rezom~ because she saw no reason for it except for selfish reasons. When no one else spoke Mayor Halter closed the Public Hearing. Agenda Item No. 4-Consideration of an ordinance rezoning the above tract. Mayor Halter informed the public, according to the determination of the City staff, the petition presented to the Council only represented 12% of the adjoining landowners. Councilman Kelly asked City Planner Mayo if land zoned A-O could be used for agricultural purposes in the City. City Planner ~yo told him it could be used for agricultural purposes with the appropriate permits from the City. Councilman Boughton moved approval of the proposed ordinance making it Ordinance #1258. Councilman Kelly seconded the motion. Councilman Boughton assured the public that the Council had done extensive research on this topic. Councilman Runnels stated his opposition because of the secrecy involved. He thought the rezoning would cause mistrust in City Government. He also felt this industry should address the City and present the benefits it has to offer the Community. Regular City Council Meeting Thursday, January 8, 1981 7:00 P.M. page 5 Councilman Dozier stated he did not think the members of the public that spoke fully understand the definition of the Comprehensive Plan. Voting FOR rezoning of this tract were: ~yor Halter, Councilmen Ringer, Boughton, Dozier, Kelly and Jones. Voting AGAINST rezoning of this tract was : Councilman Runnels. Mayor Halter called a five minute recess. Agenda Item No. 7-A public hearing on the question of rezoning the following two tracts of land being parts of a 13.9 acre tract located on the northeast corner of the intersection of Lincoln Avenue and Tarrow Street. TRACT ONE: 2.4 acres adjacent to Lincoln Avenue to be rezoned from Single Family Residential District R-1 to Single Family Residential District R-iA. TRACT TWO: 11.50 acres located north of TRACT ONE to be rezoned from Single Family Residential District R-1 to Apartment Building District R-~. City Planner Mayo explained the rezoning and stated the P&Z's and staff's re- commendations in favor of rezoning this property. Mayor Halter opened the Public Hearing on this matter asking to hear from those in favor first. J.W. Wood representing Building Crafts stated his position in favor of rezoning with the staff's recommendations. Councilman Kelly asked if Mr. Wood had made the P&Z's recommended changes in his plan of construction. City Planner Mayo assured him the changes had been made. Mayor Halter then asked to hear from individuals opposed to the rezoning. Janette Adams of 609 Lincoln stated her opposition to duplexes near her property. She asked the Council several questions. Ms. Adams stated her concern for increased vandalism and crime higher density in this area would cause. When no one else spoke Mayor Halter closed the Public Hearing. Agenda Item No. 8-Consideration of an ordinance rezoning the above tracts. Councilman Kelly moved to pass the proposed ordinance making it Ordinance #1259. Councilman Boughton seconded the motion. City Engineer Ash answered questions of the Council concerning sewage for the area. The Council then voted unanimously for the rezoning. Regular City Council Meeting Thursday, January 8, 1981 7:00 P.M. page 6 Agenda Item No. 9-A public hearing on the question of rezoning two tracts to- talling 1.82 acres generally located on the west side of Tarrow Street and 2~000 feet north of the intersection of Tarrow Street and University Drive from Single Family Residential District R-1 to Townhouse District R-3. The applica- tion is in the name of J.A.C. Developers, Inc. City Planner Mayo explained the proposed rezoning and stated the P&Z's recom- mendation for approval. Mayor Halter opened the Public Hearing. When no one spoke the Public Hearing was closed. Agenda Item No.10-Consideration of an ordinance rezonin8 the above property. Councilman Runnels motioned approval. Councilman Boughton seconded the motion which passes unanimously making this Ordinance #1260. Agenda Item No. il-Consent Agenda. BIDS: One ton truck Fire hose Pole Transport Trailer 14'dump body Cab and chassis for 14' dump body 75' aerial bucket truck PLAT: Consideration of a preliminary plat - Woodson Village, Fifth Installment, Secion 2. Councilman Ringer requested removal of the Woodson Village preliminary plat from the Consent Agenda. Ail other items were passed by common consent. City Planner Mayo presented and explained the Woodson Village plat. Mayor Halter asked for comments from the public. Donald Herrick spoke in favor of the plat stating he had made the requested changes in the plat. W.G. Brazil spoke in favor of developement of property, but wanted to see the same type of homes in this area. The Council explained this was beyond the power of the City Council. Giles Willis of 804 Thomas questioned the basic sewer system for this area. Councilman Kelly motion to approve the preliminary plat. Councilman Jones seconded the motion which passed unanimously. O310O Regular City Council Meeting page 7 Thursday, January 8, 1981 7:00 P.M. Agenda Item No. 12-Consideration of purchase of postage meter and storage safe from contingency funds. Purchase Agent Weddle answered questions of the Council on this matter. Councilman Dozier moved to authorize purchase of storage safe and postage meter from contingency funds. Councilman Kelly seconded the motion which passes unanimously. Agenda Item No. 13-Consideration of an ordinance allowing oil and gas drilling in the City Limits. City Attorney Denton presented and explained the proposed ordinance. Amil Ogdan of 2804 Brothers Blvd. stated he was an independent oil and gas producer and wildcatter for twenty three years and presently is President of ChapaHal~ Minerals. Mr. Ogdan spoke in favor of the proposed ordinance, but put emphasis on developing regulations with the recommendations of proffesionals in the Oil and gas business. Mr. Ogdan stated the importance of developing procedures for issuing permits as soon as possible. Councilman Ringer moved to table the proposed ordinance until the Regular City Council Meeting of January 22, 1981 to give the Council and staff an opportunity to do more research on the subject. Councilman Jones seconded the motion to table, which passed unanimously. Agenda Item No. 14-Consideration of an ordinance relating to speed zones on F.M. 2154 (Welborn Road). City Engineer Ash presented and explained the proposed ordinance. He stated it was a result of a study from the Highway Department. Councilman Dozier moved to approve the proposed ordinance making it Ordinance #1261. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 15-Hear Visitors. No one spoke. Agenda Item No. 16-Closed session to discuss personnel. The Council moved to close session and later opened to the public. Agenda Item No. 17-Action on closed session. There was no action on closed session. Agenda Item No. 18-Adjourn. Mayor Halter adjourned the meeting. 0,.3101 Regular City Council Meeting Thursday, January 8, 1981 7:00 P.M. page 8 ATTEST: APPROVED: "CITY SECRETARY '~ ~,EGULA~ CITY COUNCIL MEETING Thursday, JanuarT. 8, 1981 7:00 P.M. 20. 24. 25. 26. 27. 28. 10. 29. 11. 30. 12. 31. 13. 32. 14. 33. 1.5. 34. 16. 35. 17. 36. 18. 37. 19. 38.