HomeMy WebLinkAbout01/09/1986 - Regular Minutes City Council MINUTES
REGULAR CITY COUNCIL MEETING
THURSDAY, JANUARY 9, 1986
7:00 P.M.
COUNCIL MEMBERS PRESENT:
COUNCIL MEMBERS ABSENT:
STAFF PRESENT:
VISITORS PRESENT:
Mayor Halter, Councilmen Bond,
Boughton, Brown, McIlhaney, Runnels
Councilman Tongco
City Manager Cole, Director of Capital
Improvements Ash, City Engineer Pullen,
City Attorney Locke, City Secretary
Jones, Fire Chief Landua, Fire Marshal
Davis, Energy Specialist Shear, Utili-
ties Office Manager Piwonka, Assistant
Director of Planning Callaway, Purchas-
ing Agent McCartney, Council Coordina-
tor Jones
See guest register.
Prior to consideration of Agenda Item No. 1, Mayor Halter signed
a proclamation designating the week of January 9-13, 1986 as
"Jaycee Week," in College Station, Texas. Mr. Ron Schmidt and
Mr. Cal McNeal, representatives of the Bryan/College Station
Jaycee Organization, were present to accept the proclamation.
A~enda Item No. 1 - Approval of the minutes of the Workshop City
Council Meeting, December 11, 1985, the Reqular City Council
Meeting, December 12, 1985 and the Special City Council Meeting,
December 18, 1985.
Councilman Runnels moved approval of the minutes of the Workshop
City Council Meeting, December 11, 1985, the Regular City Council
Meeting, December 12, 1985 and the Special City Council Meeting,
December 18, 1985.
Councilman McIlhaney seconded the motion which was approved unan-
imously, 6-0, with Councilman Tongco absent.
REGULAR CITY COUNCIL MEETING
THURSDAY, JANUARY 9, 1986
PAGE 2
Agenda Item No. 2 - A public hearing on the question of rezoning
the following property: 13.417 acres in the Richard Carter Sur-
vey, fronting on the south side of University Drive, adjacent to
and west of the One Lincoln Place subdivision; adjacent to and
north of Woodland Estates and Woodland Acres subdivisions, from
A-P Administrative-Professional, R-3 Townhouse-Rowhouse, and R-1
Single Family Residential to 7.923 acres C-1 General Commercial,
1.061 acres A-P Administrative-Professional, 1.736 acres R-4 Low
Density Apartments and 1.697 acres R-iA Sinqle Family Residen-
tial. Applicants are J. V. Henton and the College Heights Assem-
bly of God Church. (85-124)
Assistant Director of Planning Callaway presented the item. He
stated that the rezoning request concerns 13.417 acres in the
Richard Carter Survey from A-P Administrative-Professional, R-3
Townhouse-Rowhouse, and R-1 Single Family Residential to 7.923
acres C-1 General Commercial, 1.061 acres A-P Administrative-Pro-
fessional, 1.736 acres R-4 Low Density Apartments and 1.697 acres
R-lA Single Family Residential. He listed the existing land uses
in the area and noted that on the city's Land Use Plan the area
is reflected as medium and low density residential. He pointed
out that the area was the subject of a special land use and zon-
ing study conducted by a subcommittee of the Planning and Zoning
Commission. He stated that the recommendations for zoning in the
area as delineated in the study are as follows: A-P, R-3 or R-4
for the area located along University Drive; R-3 or R-4 for the
area located behind the tracts fronting University; and, continu-
ation of the R-lA "buffer" that has been established along por-
tions of the north side of the Lincoln Street extension. He
pointed out that the tracts included in this request have been
involved in a total of six rezoning requests since February,
1973. He further noted that the existing R-3 zoning was estab-
lished in 1982 in response to a request for 8.876 acres of R-3 on
the Henton tract and the existing A-P zoning was established in
September, 1984 in response to a request for five acres of C-1
zoning on the College Heights Assembly of God tract. He stated
that the C-1 portions of the request do not comply with the Land
Use Plan or the development policies with respect for commercial
development. He listed the staff's recommendations as follows:
(1) Retention of the current A-P zoning on the College Heights
Assmbly of God Church's five acre tract; (2) Approval of A-P zon-
ing on the Henton tract proposed as C-1 and A-P; and, (3) Approv-
al of the proposed R-4 and R-lA portions of the request as sub-
mitted. He further stated that the Planning and Zoning Commis-
sion voted (5-1) on 12/5/85 to recommend denial of this request.
He pointed out that when the Council established the R-lA, R-4
and the original A-P zoning on the One Lincoln Place development,
the rezoning was made contingent upon any development being
precluded from access onto the Lincoln Street extension.
REGULAR CITY COUNCIL MEETING
THURSDAY, JANUARY 9, 1986
PAGE 3
Mayor Halter opened the public hearing.
Reverend Calvin Durham, Pastor of the College Heights Assembly of
God Church and representative for Mr. Jesse Henton as well as for
the church, spoke in favor of the rezoning request. He stated
his opinion that this request is reasonable and meets the
guidelines delineated by the city, and that an acceptable pattern
of zoning from C-1 to A-P to R-4 to R-lA was created with the
establishment of zoning on the One Lincoln Place. He stated that
the applicants would be agreeable to some modifications with
regard to this request if the Council so desires, such as,
limiting access from the residential areas onto the Lincoln
Street extension or expansion of the A-P area, thus marginally
reducing the C-1 area.
Mr. Donald Garrett, Engineer, provided a detailed explanation of
a plat illustrating the proposed rezoning request and its rela-
tionship to other C-1 tracts in the area. He noted that only two
individuals spoke against the request at the public hearing held
before the Planning and Zoning Commission. He pointed out that
the proposed C-1 area is 750 feet from the nearest residential
area. He stated his opinion that with the buffers previously
established, the requested area of C-1 zoning will not have a
detrimental impact on the residential areas. He addressed the
issue of traffic and noted that the construction of Lincoln
Street will help alleviate some the traffic problems on
University Drive.
No one else spoke. The public hearing was closed.
Councilman Brown stated his opinion that it seems logical that
all the tracts fronting on University Drive should be zoned for
commercial development.
Councilman Boughton asked if the State Highway Department has
plans for widening University Drive. City Engineer Pullen stated
that the Highway Department's plans call for the widening of Uni-
versity Drive from East Tarrow to the East Bypass sometime in
late 1987.
Councilman Boughton asked if the city has done a traffic count at
University Drive and Tarrow Street. Director of Capital Improve-
nents Ash stated that he would address the question to Traffic
Engineer Black.
Councilman McIlhaney asked how much of the proDerty is located in
the flood plain. Reverend Durham replied negatively.
REGULAR CITY COUNCIL MEETING
THURSDAY, JANUARY 9, 1986
PAGE 4
Agenda Item No. 3 - Consideration of an ordinance rezoninq the
ab__o~.e property.
Councilman Bond moved approval of Ordinance No. 1627 rezoning the
above property as requested by the applicant.
Councilman Brown seconded the motion.
Councilman Runnels noted that he is sympathetic to the concept of
having one major thoroughfare in this community void of any
commercial development, but stated his opinion that University
Drive does not lend itself to that concept. He stated that if
approval of this request is granted it should include the stipu-
lation that the wall constructed between the R-4 areas and the
R-lA areas be extended. He questioned the feasibility of
enlarging the A-P area requested.
Councilman Bond questioned the perceived benefits of enlarging
the proposed A-P area and stated his opinion that the proposed
C-1 area is suitable for commercial development.
Councilman McIlhaney stated that considering the configuration of
the property, A-P zoning would allow more flexibility in develop-
ment creating less of an impact on the adjacent properties with
regard to the flood plain and water runoff.
Councilman Boughton referred to the very detailed and thorough
information prepared by Reverend Durham addressinge concerns
brought out in the Planning and Zoning Commission meeting. She
stated that after reviewing the information submitted it would be
very difficult not to grant the request.
Councilman Runnels stated that the Council has a commitment to
the residents living south of this area to mitigate through traf-
fic between Lincoln Street and University Drive. He stated his
opinion that a stipulation calling for the extension of the wall
between the R-4 areas and the R-lA areas should be included in
the motion.
The Council concurred.
Councilman Brown expressed his appreciation to the applicants for
their offer to enlarge the proposed A-P area, thus, marginally
reducing the proposed C-1 area.
The motion to approve Ordinance No. 1627 rezoning the above prop-
erty as requested was approved by a vote of 5-1, as follows:
FOR: Mayor Halter, Councilman Bond, Boughton, Brown, Runnels
AGAINST: Councilman McIlhane¥ ~
REGULAR CITY COUNCIL MEETING
THURSDAY, JANUARY 9, 1986
PAGE 5
AGenda Item No. 4 - A public hearing on the question of rezoning
a 0.687 acre tract in the Pecan Tree Estates Phase Two subdivi-
sion which is located north of and adjacent to the Parkway Circle
~-p~rtment complex from R-2 Duplex to R-5 Medium Density Apart-
ments. Applicant is Jerry Bishop & Associates for owner, Parkway
Circle Apartments. (85-125)
Assistant Director of Planning Callaway presented the item. He
stated that the rezoning request concerns a 0.697 acre tract in
the Pecan Tree Estates Phase Two subdivision from R-2 Duplex to
R-5 Medium Density Apartments. He listed the existing land uses
in the area and noted that on the city's Land Use Plan the area
is reflected as medium and high density residential. He stated
that the applicant purchased the subject tract from the city to
provide additional parking for the Parkway Circle Apartments and
the zoning request was initiated to allow for the proposed use.
He recommended approval of the request for the following reasons:
(1) The request is in compliance with the city's Land Use Plan;
and, (2) The request simply provides for an adjustment in zoning
district boundaries with no significant change in area zoning
patterns or land use relationships. He stated that the Planning
and Zoning Commission voted (7-0) on 12/19/85 to recommend ap-
proval of the rezoning request.
Mayor Halter opened the public hearing.
Mr. Larry Wells, representing Jerry Bishop & Associates, request-
ed Council approval of the rezoning request.
No one else spoke. The public hearing was closed.
Agenda Item No. 5 - Consideration of an ordinance rezoninG the
above tract.
Councilman Boughton moved approval of Ordinance No. 1628 rezoning
the above tract.
Councilman Runnels seconded the motion which was approved unani-
mously, 6-0.
Agenda Item No. 6 - A public hearing on the question of amending
Chapter 3, Section 1 of the Code of Ordinances of the City of
College Station, Texas, by adopting the 1985 Standard Bu. ilding
Code.
Director of Capital Improvements Ash distributed a memorandum de-
lineating some clarifications in wording with regard to sprinkler
systems and the method for calculating the cost of building
permits, as discussed at the city council workshop meeting.' ~-.~-
REGULAR CITY COUNCIL MEETING
THURSDAY, JANUARY 9, 1986
PAGE 6
Mayor Halter opened the public hearing.
No one spoke. The public hearing was closed.
Agenda Item No. 7 - Consideration of the above ordinance.
Councilman Boughton moved approval of Ordinance No. 1629 amending
Chapter 3, Section 1 of the Code of Ordinances of the City of
College Station, Texas, by adopting the 1985 Standard Building
Code, with the clarifications made in wording.
Councilman Brown seconded the motion which was approved unani-
mously, 6-0.
Councilman Boughton expressed her appreciation to the staff for
their efforts in amending the Code to include the section requir-
ing the pretreatment of slabs for termites.
Agenda Item No. 8 - A public hearing on the question of amendin~
Chapter 6, Section 1 of the Code of Ordinances of the City of
College Station, Texas, relating to the city Fire Prevention
Code; providing for the the enforcement of the Code, and the fix-
inG of penalties; and providing for an effective date.
Mayor Halter opened the public hearing.
No one spoke. The public hearing was closed.
AGenda Item No. 9 - Consideration of the above ordinance.
Councilman Brown referred to the discussion of this item at the
workshop city council meeting and questioned if a revision was
made to the requirements relating to electrical hookups for
sprinkler systems on businesses no longer in operation. Fire
Marshal Davis explained that sprinkler systems are not related to
electrical hookups, and, therefore, a business no longer in
operation could apply for a refund of their electric deposit
without jeopardizing the sprinkler system.
Councilman Runnels moved approval of Ordinance No. 1630 amending
Chapter 6, Section 1 of the Code of Ordinances of the City of
College Station, Texas, relating to the city Fire Prevention
Code; providing for the enforcement of the Code, and the fixing
of penalties; and providing for an effective date.
Councilman McIlhaney seconded the motion which was approved unan-
imously, 6-0.
REGULAR CITY COUNCIL MEETING
THURSDAY, JANUARY 9, 1986
PAGE 7
Agenda Item No. 10 - CONSENT AGENDA:
BIDS: 2,000 Residential Energy Conservation Kits
(Bid #86-24)
Ail items were approved by common consent.
Agenda Item No. 11 - Consideration of a resolution relating to
~ing places.
City Secretary Jones presented the item. She distributed another
draft of the proposed resolution, revised to change the polling
place for City Precinct No. 35 by naming A&M Presbyterian Church
as the polling place for City Precinct No. 35 in the April 1986
election.
Councilman Brown moved approval of Resolution No. 01-09-86-11 re-
lating to polling places.
Councilman Boughton seconded the motion which was approved unani-
mously, 6-0.
Agenda Item No. 12 - Hear Visitors.
Ms. Charlie Marshall, 134 Luther ~292, requested that the Council
consider annexing approximately sixteen acres of property located
south of FM 2818 on Wellborn Road adjacent to the city limits.
She listed the property owners requesting the annexation as fol-
lows: (1) Joe Hollingsworth - 1.9 acres; (2) Robert Smith - five
acres; (3) Rufus Marshall etux - one acre; (4) Eddie Marshall -
three-and-one-half acres; (5) Charlie Jones etux -one acre; (6)
Gloria Smith- two acres; and, (7) Dorothy Smith- two acres.
Ms. Marshall pointed out that there are several individuals in
the area who are not interested in being annexed.
Mayor Halter explained that the city does not usually annex prop-
erty unless the property owner requests to be annexed. He
suggested that the city begin the process for annexation and
referred to City Attorney Locke for a more detailed explanation.
City Attorney Locke explained that she would work with the
city's Planning Department to determine that the property meets
the minimum requirements and then will prepare the ordinances an-
nexing the property. She noted that the city will be required to
hold a public hearing concerning the proposed annexation.
There was a question from the audience concerning reasons for
changing mailing addresses in the area. Mayor Halter pointed out
that the city was not responsible for any changes made to
addresses.
REGULAR CITY COUNCIL MEETING
THURSDAY, JANUARY 9, 1986
PAGE 8
Agenda Item No. 13 - Closed session to discuss pending litigation
[6252-17(2)(e)] and personnel [6252-17(2)(g)].
A. Personnel [6252-17(2)(g)].
1. Discussion of administrative personnel.
The Council moved to closed session and later reopened to the
public.
Agenda Item No. 14 - Action on closed session.
No action was taken on closed session.
Agenda Item No. 15 - Adjourn.
Mayor Halter adjourned the meeting
ATTEST: ~
~ian Jo es~City Secretary
at 11:00
Gary Ha~/~er, Mayor
GUEST REGISTER
Regular City Council Meeting
Thursday, January 9, 1986
7:00 P.M.
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