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HomeMy WebLinkAbout01/12/1978 - Regular Minutes City CouncilMINUTES Regular City Council Meeting January 12, 1978 7:00 P.M. MEMBERS PRESENT: Mayor Bravenec; Councilmen Ringer, Halter, Stephenson, Hazen, Gardner; City Manager Bardell; Building Official Koehler; City Engineer Ash; City Planner Mayo; Community Development Planner Callaway; Parks and Recreation Director Wojciechowski; Tax Assessor Collector Schroeder; City Attorney Lewis; Graduate Design Engineer Fees; Planning Assistant Longley MEMBERS ABSENT: Councilman Dozier VISITORS PRESENT: See guest register Agenda Item No. 1 -- Approval of minutes. Councilman Stephenson moved approval of the minutes. Councilman Ringer seconded the motion. The motion passed unanimously. Agenda Item No. 2 -- Hear visitors. No one ppoke. Agenda Item No. 3 -- A public hearing on the question of rezoning four tracts of land bounded by or adjacent to Southwest Parkway~ Welsh Avenue~ F.M. 2818 and F.M. 2154. The action has been initiated by Planning and Zoning Commission. City Planner Mmyo presented and explained the existing and the proposed zone changes. Mr. A.W. Davis asked the Council if the open hearing would be closed tonight. He was told it would not be. Mr. Richard P. Maher, 1816 Leona Drive, requested that this rezoning be tabled for further discussion for two reasons: the P&Z hearing on December 15 was not a proper hearing because it was closed before all concerned had a change to speak; and the subject matter was not properly designated (the entire area should be considered rather than section by section). He also objected to the granting of conditional use permits. Mr. Maher again asked that this item be returned to the Commission. Mr. Kenneth Schick, owner and developer of property south of section 112, said that his development could begin February 1 if the zoning remains R-6. Ms. Patricia Bowden, Leona Drive, pointed out a controversy between what she was told about a previous zoning and the present zoning request. Mr. Schick stated that some of these properties in the r~quest should have the higher density zoning because of good roads and easy access. He said that his property zoned A-O had stayed as it was because he planned to rezone properly later. Mr. Joe Stutts, speaking for the property owners, stated the rezoning was unanticipated and that his plans were not yet filed. 0Z343 MINUTES, Regular City Council Meeting Page 2 January 12, 1978 7:00 P.M. Mr. Edsel Jones, partner of tract 52, stated his opposition to A-O zoning was the lack of ability for resale at lower density zoning. Councilman Gardner stated that in 1969 the Planning and Zoning Commission had refused to approve zoning along Bee Creek as R-6 and C-i, while the Council approved it. Mr. W. E. Benton, 1808 Leona, spoke concerning the school traffic on Glade and Southwest Parkway. He stated that tract 112, in his opinion, should remain R-6. He also objected to the possible concentration of apartment buildings along Southwest Parkway between Wellborn Road and Welsh. Ms. Billie Ribbe, 1803 Leona, pointed out that lower density land may not be of less value than apartment land or higher density. She also noted that single family R-1 zoning backs up to R-6 and no buffer exists. Councilman Gardner said that perhaps a buffer area could be created and these two zones not exist side by side. Ms. Kathleen Kenefick, 1815 Medina, asked for apartment complexes with quality if there must be more apartments. Ms. JoAnn Zingaro questioned what a certain area was presently zoned and expressed concern of traffic problems along Southwest Parkway and the general area. Mr. Bob Lacey, 1806 Leona, stated his concern of too many apartments in the future, and he asked that the matter be returned to the Planning and Zoning Commission for total consideration rather than spot zoning. Mr. Maher asked why the Planning and Zoning Commission had not followed the comprehensive plan. City Planner Mayo replied that the proposals follow the comprehensive plan closely with a few deviations. Agenda Item No. 4 -- Consideration of an ordinance rezoning the above tract. Councilman Stephenson moved to send the entire rezoning request back to the Planning and Zoning Commission. Councilman Gardner seconded the motion. The motion passed by the following vote: FOR -- Councilmen Gardner, Halter, Stephenson, Hazen; Mayor Bravenec AGAINST -- Councilman Ringer Councilman Ringer based his vote on his belief that no other decision would be made by the Planning and Zoning Commission. Mr. Schick asked for a quick decision from the P&Z in order that he might start on his project. Agenda Item No. 5 -- Public hearing on the question of rezoning Lots 21 and 22 of the Meadowland Addition and two adjacent, unplatted tracts from Apartment Building District R-6 to General Commercial District C-1. The request being from Burtex Constructors, Corpus Christi~ Texas. 0Z344 MINUTES, Regular City Council Meeting January 12, 1978 7:00 P.M. Page 3 City Planner Mayo explained the proposed rezoning and stated that the P&Z recommended against the rezoning only because of possible access problems. City Engineer Ash said that Texas A&M University had issued a minute order and deed giving fourteen and one-half feet of property to the City along Meadowland, south of Avenue D to Texas Avenue on the south side of the street, provided that the City maintain the property. The staff recommended that the City accept the property and run Meadowland Street through, enabling access to the Burtex property, and thus recommended the C-1 zoning. A~enda Item No. 6 -- Consideration of an ordinance rezoning the above tract. Councilman Gardner moved to deny the rezoning. Councilmmn Hazen seconded the motion. The motion failed by the following vote: FOR -- Councilmen Gardner, Stephenson, Hazen AGAINST -- Councilmen Ringer, Halter; Mayor Bravenec Councilman Ringer moved to table action on the request until it was determined whether the City could acquire right-of-way for the street. The City Manager was asked to report back to the Council on the results. Councilman Halter seconded the motion. The motion passed by the following vote: FOR -- Councilmen Ringer, Gardner, Halter, Stephenson; Mayor Bravenec AGAINST -- None ABSTAINING -- Councilman Hazen Agenda Item No. 7 -- Consideration of parkland dedication request from Village Green Apartments. Building Official Koehler explained the letter from Kearny Albaugh, of Village Green Apartments, asking to present money rather than land to fulfill his obligation of parkland dedication. Councilman Halter moved to approve the request of accepting the check of $19,200 in lieu of land with the stipulation of a 14 month reservation to offer land in return for the money. If the money is spent to purchase a park, then the agreement ia void and Village Green Apartments lose their option. The motion passed unanimously. Agenda Item No. 8 -- Consideration of naming of new Southwood Valley parks. Councilman Halter moved that the four acre tract next to Peppertree Apartments be named Longmire Park. Councilman Hazen seconded the motion. The motion passed by the following vote: FOR -- Councilmen Ringer, Halter, Stephenson, Hazen; Mayor Bravene¢ AGAINST -- Councilman Gardner 0Z3 -5 MINUTES, Regular City Council Meeting Page 4 January 12, 1978 7:00 P.M. Councilman Halter moved that the park with the pond be called Brothers Park. Councilman Stephenson seconded the motion. Councilman Ringer moved to amend the name to Brothers Pond Park. Councilman Halter agreed to the amendment. The amendment passed unanimously. Councilman Halter moved that the 11.3 acre park next to the electric substation be named Georgie K. Fitch Park. Councilman Stephenson seconded the motion. The motion passed unanimously. Agenda Item No. 9 -- Consideration of consolidated tax appraisal office. The Council discussed the possibilities of a common appraisal office with individual boards of equalization between the County and the City. Councilman Ringer moved to invite other government agency representatives to speak to the Council and enable further study into the matter. Councilman Halter seconded the motion. The motion passed unanimously. Agenda Item No. 10 -- Appointment of Capital Improvements Committee. Several nominees were presented by the Council including: Jesus Hinojosa, Jon Bond, Ray Brooks, Dick Hervey, Phil Sutton, Bill Fitch, Bill Hensel, Bob Bell, Codie Wells, Bob Waters, Chappel Riise, George Kunze, Bob Lacey, Erma Jefferson, Rosetta Keaton, Tommy Preston, Jr., W.K. Henry and Clare Gunn. Councilman Halter moved approval of the nominees. Councilman Ringer seconded the motion. The motion passed unanimously. The first meeting will be held January 23. Councilman Halter outlined the duties and purposes of the committee. Copies of this outline shall be sent to committee members. Agenda Item No. 11 -- Charter revision. Councilman Halter presented particular changes in the charter for possible presentation to voters. These included: 1. Article I, Section 4. Precinct boundaries. Remove statement from charter. No longer applicable. This suggestion was withdrawn by Councilman Halter after discussion. Article II, Section 6 and 7. Annexation. Word to comply with state law. 0Z3 6 MINUTES, Regular City Council Meeting January 12, 1978 7:00 P.M. Page 5 This caused confusion in last annexations. Charter should be as close to state law as possible. Councilman Halter moved that this be included on the ballot. Councilman Hazen seconded the motion. The motion passed by the following vote: FOR --- Councilmen Gardner, Ringer, Halter, Hazen, Stephenson AGAINST --- Mayor Bravenec 3. Section 8. Eliminate. If you are going to do away with wards. Article III, Section 18. Eliminate wards and replace with at large. Councilman Halter moved that this be included on the ballot. Councilman Stephenson seconded the motion. The motion passed unanimously. 4. Article III, Section 29. City Council could appoint an associate judge or alternate judge. New Senate Bill 1173 of 1977, 1977 session allows this. Councilman Halter moved that this be included in the ballot. Councilman Gardner seconded the motion. The motion passed unanimously. 5. Section 35. Require two readings of ordinances. Councilman Gardner moved that this be included on the ballot. The motion died for lack of a second. 6. Article V, Section 45. Remove statement of fiscal year from Charter and allow the Council by ordinance to determine time of fiscal year. Suggested wording: "The fiscal year of the City of College Station shall be determined by ordinance of the Council. Such fiscal year shall also constitute the budget and accounting year." Councilman Halter moved that this be included on the ballot. Councilman Ringer seconded the motion. The motion passed unanimously. 7. Section 77. Checks must be countersigned by City Manager. Allow City Manager to designate a deputy. Councilman Halter moved that the item to be included on the ballot read: "The City Manager be allowed to have a deputy to co-sign checks with the Finance Officer, but that the Finance deputy may not sign with the City Manager deputy." Councilman Stephenson seconded the motion. OZ3Zt7 MINUTES, Regular City Council Meeting January 12, 1978 7:00 P.M. The motion passed unanimously. 8. Others. At least 33% of vote required for election to City Council. Councilman Hazen moved that this item be included on the ballot to read: "At least 34% of vote required for election to City Council, with a run- off procedure necessarily following." Councilman Stephenson seconded the motion. The motion passed by the following vote: FOR -- Councilman Gardner, Hazen, Stephenson; Mayor Bravenec AGAINST -- Councilmen Ringer, Halter The City Attorney was appointed to draft an ordinance with the proposed changes. Agenda Item No. 12 -- Consideration of aM aster Preliminary Plat -- Timber Ridge Addition~ located between Plantation Oaks Driver Munson Avenue and Dominik Drive. This item was withdrawn. Agenda Item No. 13 -- Consideration of a revised preliminary plat -- Woodstock Section I. Councilman Halter moved approved with P&Z stipulations. Councilman Hazen seconded the motion. The motion passed unanimously. Agenda Item No. 14 -- Other business. Mayor Bravenec mentioned a letter from Mr. R. P. Seib concerning the sale of newspaper by College Station citizens donations. City Manager Bardell stated that a representative needed to be selected for the Black and White Ball. A~enda Item No. 15 -- Closed session to discuss pending litigation. The Council convened into closed session and later re-opened the meeting to the public. Councilman Halter moved that Larry Christensen be paid $395.00 as compensation for sewer backup in his home on Merry Oaks. This relieves the City of further liability in the matter. Councilman Ringer seconded the motion. The motion passed unanimously. Councilman Halter moved to deny Anthony Caporina compensation for an accident involving a city vehicle. Councilman Ringer seconded the motion. Page 6 The motion passed unanimously. MINUTES, Regular City Council Meeting January 12, 1978 7:00 P.M. Agenda Item No. 16 -- Adjourn. Mayor Bravenec declared the meeting adjourned. ~PROVED Mayor ATTEST Page 7 0Z34_9 RECIILAR CITY COUNCIL MEETINg January 12, 1978 7:00 P.M. PLEASE SIGH BELOW: 12. 14. 15. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36.