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HomeMy WebLinkAbout06/09/1977 - Regular Minutes City CouncilMEMBERS PRESENT: MEMBERS ABSENT: VISITORS PRESENT: MINUTES Regular City Council Meeting June 9, 1977 7:30 P.M. Mayor Bravenec; Councilmen Halter, Hazen, Stephenson, Dozier, Ringer, and-Gardner; City Manager Bardell; City Engineer Ash; City Planner Mayo; Director of Public Works Ford; Director of Parks and Recreation Wojciechowski; Fire Chief Landua; City Attorney Lewis; Graduate Design Engineer Fees; Community Development Planner Callaway; Liaison Sutton None See guest register Agenda Item No. 1 -- Approval of the minutes of the meetingsof May 26, 1977. Councilman Hazen requested that the minutes of the 7:00 P.M. meeting on May 26, 1977 be changed to reflect in Item No. 3 that Dr. O. C. Cooper, owner of the 13.6 acre tract, stated his reason for requesting R-6 zoning was that he wanted to build housing for the elderly. _Agenda Item No. 2 -- Hear visitors. No one spoke. Agenda Item No. 3 -- Public hearing on the proposed budget for 1977-78. City Manager Bardell explained the bugdet summary. Councilman Halter asked that 1977-78's General Contingent Fund be shown as it will actually be at the start of the fiscal year. Mayor Bravenec opened the meeting to the public. No one spoke. Mayor Bravenec closed the public hearing. Agenda Item No. 4 -- Consideration of revisions to the Comprehensive Plan. Councilman Halter reviewed the standing of the Comprehensive Plan. Councilman Ringer moved that a connection from Dominik Street to Kyle Street, other than Puryear, be shown on the Comprehensive Plan. Councilman Halter seconded the motion. The motion that a connection from Dominik Street to Kyle Street, other than Puryear, be shown on the Comprehensive Plan passed by the following vote: FOR -- Mayor Bravenec; Councilmen Halter, Hazen, Stephenson, Ringer AGAINST -- Councilman Gardner ABSTAINING -- Councilman Dozier Councilman Ringer moved that an extension of Hwy. 2818 be shown on the Comprehensive Plan as a primary arterial. MINUTES, Regular City Council Meeting June 9, 1977 7:00 P.M. Page 2 Councilman Stephenson seconded the motion. Councilman Gardner expressed that he did not think such an extension was desirable for the City and that no regional need had been demonstrated for such an extension. The motion that an extension of Hwy. 2818 be shown on the Comprehensive Plan as a primary arterial failed by the following vote: FOR -- Mayor Bravenec; Councilmen Ringer, Stephenson AGAINST -- Councilmen Hazen, Gardner, Dozier, Halter City Planner Mayo explained the plan to extend Millers Lane. Mayor Bravenec ruled the earlier motion out of order. Councilman Stephenson moved that the Comprehensive Plan show an extension of Millers Lane as a secondary arterial. Councilman Hazen seconded the motion. Councilman Halter moved an amendment that the Comprehensive Plan show an extension of Millers Lane from Hwy. 2818 across the bypass. Councilman Ringer seconded the motion. The vote to amend the motion to state that the Comprehensive Plan show an extension of Millers Lane from Hwy. 2818 across the bypass failed by the following vote: FOR -- Mayor Bravenec; Councilmen Halter, Ringer AGAINST -- Councilmen Gardner, Hazen, Dozier, Stephenson The motion that the Comprehensive Plan show an extension of Millers Lane from HWY. 2818 as a secondary arterial failed by the following vote: FOR -- Councilmen Stephenson, Hazen AGAINST -- Mayor Bravenec; Councilmen Halter, Dozier, Gardner, Ringer Councilman Ringer moved that an extension of Millers Lane from HWY. 2818 to across the bypass be shown on the Comprehensive Plan as a primary arterial. Councilman Dozier seconded the motion. The motion that an extension of Millers Lane from Hwy. 2818 to across the bypass be shown on the Comprehensive Plan passed by the following vote: FOR -- Mayor Bravenec; Councilmen Halter, Dozier, Ringer AGAINST -- Councilmen Gardner, Stephenson, Hazen Agenda Item No. 5 -- A public hearing on the question of rezoning a 15.0 acre tract located on the south side of Harvey Road approximately 5000 feet east of the intersection of Harvey Road and Texas Avenue from Single Family Residential District R-1 to General Commercial District C-1. The request is in the name of Munzel Holdinss, Inc. City Planner Mayo explained the request to rezone the 15.0 acre tract. 0,?,18 MINUTES, Regular City Council Meeting June 9, 1977 7:00 P.M. Page 3 Planning and Zoning Commission Chairman Vergil Stover explained the Planning and Zoning Commission's recommendations to deny rezoningfromSingle Family Residential R-1 to General Commercial District C-1. Chairman Stover stated the Planning and Zoning Commission's recommendations that the 15.0 acre tract be rezoned from Single Family Residential R-1 to Planned Unit Development PUD. Mr. Alex Munzel, potential buyer of the 15.0 acre tract, requested that his associate, Mr. Peter Batchelor, architect and planner, be allowed to present the case for rezoning to C-1. Mr. Batchelor made several points as to the development and zoning of the area, including and adjacent to the 15.0 acre tract. Councilman Gardner asked Mr. Munzel to explain what his specific use of the land would be. Mr. Munzel stated that he was in the process of developing plans for an apartment/hotel. Mr. Munzel explained his opposition to the zoning classification of Planned Unit Development. City Planner Mayo explained the problems with zoning the 15.0 acre tract to Planned Unit Development. Mayor Bravenec closed the public hearing. Agenda Item No. 6 -- Consideration of an ordinance rezonin~ the above tract. Councilman Gardner moved that the 15.0 acre tract located on the south side of Harvey Road approximately 5000 feet east of the intersection of Harvey Road and Texas Avenue be rezoned from Single Family Residential R-1 to General Commercial District C-1. Councilman Halter seconded the motion. Councilman Gardner stated that he made the motion because if the adjacent land was developed as commercial, it would be unfeasible to leave an island of Single Family Residential R-1. Councilman Ringer questioned the fire-safety problems in allowing construction of eighteen story buildings. Fire Chief Landua stated that an aerial ladder would be needed, but it would also be used for fires at the University. The motion to pass Ordinance No. 1077, stating that the 15.0 acre tract located on the south side of Harvey Road approximatley 5000 feet east of the intersection of Harvey Road and Texas Avenue be rezoned from Single Family R-1 to General Commercial District passed by the following vote: FOR -- Mayor Bravenec; Councilmen Hazen, Stephenson, Halter, Gardner AGAINST -- Councilmen Ringer, Dozier Agenda Item No. 7 -- A public hearing on the Question of rezoning a 1.08 MINUTES, Regular City Council Meeting Page 4 June 9, 1977 7:00 P.M. acre tract located on the south side of FM 2818 adjoining the Oceanography International property at 512 West Loop from Planned Industrial District M-1 to General Commercial District C-1. The application is in the name of Oceanography International Corporation. City Planner Mayo explained the staff recommendations to deny rezoning. Chairman of the Planning and Zoning Commission Stover explained the Commission's recommendations for denial of rezoning. No representative of Oceanography International Corporation was present. Agenda Item No. 8 -- Consideration of an ordinance rezoning the above tract. Councilman Halter moved that the rezoning of the 1.08 acre tract located on the south side of ~M 2818 adjoining the Oceanography International property at 512 West Loop from Planned Industrial District M-1 to General Commercial District C-1 be denied. Councilman Gardner seconded the motion. The motion to deny the rezoning passed unanimously. Councilman Dozier was absent for the vote. Agenda Item No. 9 -- A public hearing for the consideration of program proposals for Community Development Block Grant Discretionary Funds preapplications. Community Development Planner Callaway explained what the grant funds would be used for. Community Development Planner Callaway explained how the preapplications would be judged. Councilman Halter pointed out that the linking of Southland Street to Hervey Drive might be objectionable to residents of the street. Councilman Ringer moved that the Mayor be authorized to sign the Community Development Block Grant Discretionary funds preapplications. Councilman Gardner seconded the motion. The motion was passed unanimously. Councilman Dozier was absent for the vote. A~enda Item No. 10 -- Consideration of an ordinance prohibiting the sale, distribution, or display of pormographic material to minors. City Attorney Lewis reviewed the problems involved with ordinances prohibiting the sale, distribution, or display or pornographic material to minors. City Attorney Lewis explained how the ordinance was drawn up. Councilman Halter questioned the wording "dominant theme taken as a whole". Councilman Stephenson questioned the wordio~_'~kn_o~ing the content of the MINUTES, Regular City Council Meeting June 9, 1977 7:00 P.M. Page 5 material" and suggested that the word "content" in Section A be changed to "theme". Councilman Stephenson noted that in Section D, the word "effect" should be changed to "affect" in the phrase "such decisions shall not affect the validity of the ordinance as a whole " Councilman Gardner noted that the word "and" should be inserted after the phrase in Section B.2. subsection a. vi. and after the phrase in Section · 2. subsection b. The corrections are to read: B.2.a.vi. "... of a female individual's clothed or unclothed breasts, and" and B.2.b." . applying contemporary community standards, and". Councilman Hazen moved approval of the ordinance with the corrections as stated. Councilman Stephenson seconded the motion. The motion to adopt Ordinance No. 1078, an ordinance prohibiting the sale, distribution, or display of pornographic material to minors passed by the following vote: FOR -- Mayor Bravenec; Councilmen Hazen, Stephenson, Gardner, Halter AGAINST -- Councilman Ringer ABSTAINING -- Councilman Dozier Agenda Item No. 11 -- Consideration of a request to abandon a right-df-way for Hawthorne Street on Holleman Drive~ Woodson Village, Fifth Installment. City Engineer Ash explained the request to abandon the right-of-way. Councilman Ringer questioned access to the rest of the property if the right-of-way was abandoned. J. W. Wood explained his plans for construction and access. Councilman Halter moved to table consideration of the request to abandon a right-of-way for Hawthorne Street on Holleman Drive, Woodson Village, Fifth Installment. Councilman Stephenson seconded the motion. The motion to table consideration of the request passed unanimously. Agenda Item No. 12 -- Nominations of Parks and Recreation Committee members. This item was moved to a closed session of the Council to be held Monday, June 13 at 4:00 P.M. Agenda Item No. 13 -- Consideration of bids for miscellaneous sidewalk construction. City Engineer Ash described the bids for sidewalk construction. Councilman Halter moved to accept the low bid, that of Kavanaugh Construction Company in the total amount of $66,234.00. Councilman Ringer seconded the motion. MINUTES, Regular City Council Meeting Page 6 June 9, 1977 7:00 P.M. The motion to accept the low bid, that of Kavanaugh Construction Company in the amount of $66,234.00 passed unanimously. Agenda Item No. 14 -- Other business. Councilman Gardner questioned the status of the latest Comprehensive Plan. City Manager Bardell stated that the staff will prepare a final draft to be presented to the Council for approval. Councilman Halter reviewed the list of Council goals for the fiscal year. A meeting was set for Tuesday, June 21 for further discussion of Council goals. Councilman Stephenson questioned the status of development of the Seaback tract. Mayor Bravenec noted that the issue would be on the agenda for the meeting on Thursday, June 23. A~enda Item No. 15 -- Adjourn. Councilman Halter moved that the meeting be adjourned. Councilman Ringer seconded the motion. Mayor Bravenec declared the meeting adjourned. APPROVED Mayor AFl'EST City Secretary~ RECUALR CITY COUNCIL 3un~ 9, [977 7=30 P,M. PLEASE SIGN BELOW: 25, 26. 27, 28. 29,