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HomeMy WebLinkAbout01/13/1977 - Regular Minutes City Council.MEMBERS PRESENT' MEMBERS ABSENT' VISITORS PRESENT' MINUTES Regular City Council Meeting January 13, 19 77 7:00 P.M. Mayor Bravenec; Councilmen Hazen, Stephenson, Ringer, Halter, Gardner; City Manager Bardell; City Attorney Lewis; Director of Public Works Ford; City Engineer Ash; C~ty Planner Mayo; Community Development Planner Callaway; Engineer Assistant Fees; Planning Assistant Longley; Director of Parks Wojciechowski; Assistant Snider Councilman Do zier See guest register. Agenda Item No. 1 -- Approval of the minutes of the meeting of December 9, 17, 29, 1976. Councilman Hazen asked that the minutes of December 29 reflect her feelings toward the selection of Bee Creek as a polling place for Council District 5. She stated that she felt that this area was inconvenient and a long way from the living area of most of the voters in that district. The amended minutes were approved by consent. _A_genda Item No. 2-- Hear visitors. Dr. Robert White, DDS, asked that the park on Foster and Walton be improved to prevent cars from parking there during evening business hours. City Manager Bardell pointed out the City's attempt to beautify the park and the resulting theft and destruction of the improvements. He noted one possibility would be to place barrier posts with steel cable around the park to prevent parking. Councilman Gardner requested a staff drawing of the park area. Mrs. Nelda Norman spoke for the League of Women Voters, requesting that the polling place for Council District 5 be placed ~n a more convenient location. Councilman Halter agreed that the location was an inconvenience to the voters. Councilman Stephenson stated that he disliked the Bee Creek polling place, but felt the voting areas should be held in a public building when available. Agenda Item No. 3 -- A public hearing on the third, year_ .applicatipn proposal for the Community Development Block Grant Program for the City .qf Coll_ege Station. Director of Community Development Callaway reviewed the past Block Grants and described available uses for the grant. He detailed this year's projected use and noted that there was a low turnout for the first public hearing. Mayor Bravenec asked for public comment. No one spoke. Mayor Bravenec closed the public hearing. OZO Z MINUTES, Regular City Council Meeting January 13, 19 77 7:00 P.M. Page 2 Councilman Ringer moved and Councilman Stephenson seconded the motion to authorize preparation of the apPlication for the Block Grant Program. The motion passed unanimously. ~ Item No.. 4 -- Apublic hearing n the u~tion of rezoning a 31.8 acr tract O~e-~st side of Texa~ Ave~u~~an~a roxi-~-~e~- ~000 'f ~--- of t ~?x s..out~ e ~ ...... ' R-1 to Medium D ...... : .~_~_Sin le Famil ' -- The reau 'o ~ ~_ h,~v _-- ~~_~_. A.a.rtment Bu~d~r-~ct~R_6. ..... est is ,,L L,~ name o~ L. J. Kirkp__atrick..____ City Planner Mayo described the area of requested rezoning. He noted the Planning and Zoning Commission recommendation that the portion of the property west of the extension of Dartmouth Street be rezoned R-2 and the balance remain R-1. Mr. Kirkpatrick spoke in favor of the rezoning. Mr. Richard Smith stated that R-7 zoning would not be compatible with R-1 zoning and that Dartmouth was not designed as an access point for even light density apartments. Mayor Bravenec closed the public hearing. A_cg_e_~da It~e,m No. 5 -- Consideration of · ~t s_~!de of Texas Ave~ue~n~nC.e r-.ez_°n~.ng .a_31.8 acre _~"= ~ersec~ion o~ Texa~ ^--^ .... j-;'-_~ ~_~ ~ proximately 1000 feet · -tv~nue ana :5 · ' _ - .... ~ ~o~ ~n or ~esidential Dist~ . terlxng Street fro~ e~_~ ~ _ ~.- ~- . ~ cc K-i to Medi~ DeLi., .... - · . ~- ....... oxugie ~'amii The request ~~ .... ~ apartme-~ ---~. ' - -- · ....... ~ ~n one name o~ L J. Ki~,--l~ · - '"~ ~u~a~ct R-6. Councilman Halter moved to approve Ordinance No. 1059 as reco~ended by the Planning and Zoning Co~ission -_ that the portion of the property west of the extension of Dartmouth be rezoned R-2 and the balance remain R-1. The motion was seconded by Councilman Stephenson and u~nimously approved. ~Item No.~ublic hearin on the question of rezoning a 17 26 ~e tract l~ted east of and adjacent ' - - ~ildi~t R 3 +~ ~i__ ~o ~F~ o~ ~e~ Ave~g~ rom a-o ~o ~ow u ns~ Apartment Buildin~ Distric~ ~7. Action of Planning & Zonin~ Co~iss~7 e City Planner Mayo described previous Council actions and stated that the R-3 designation was unnecessary for the use planned by the o~ers He stated that the Planning and Zoning Co~ission reco~ended rezoning to R-~. Director of Public Works Ford relayed a message from the o~er requesting the item be withdra~ for further study. Mayor Bravenec called for public cogent. No one spoke. Mayor Bravenec closed the public hearing. Agenda Item No. 7-- Consideration of an ordinance rezonin_g a 17.26 acre tract OBui Hardy Gardens o-~--~----~~Texas Avenue from ~ iding DiStrict R-3 to Low Densi~ty Apartme___nt Building District R-7. - ~ . 02O63 MINUTES, Regular City Council Meeting January 13, 1977 7:00 P.M. Page 3 Councilmen Gardner and Halter both urged cooperation between land owners in planning development of the area. Councilman Ringer stated that he did not feel that it was right for the Council to disregard the action of a previous Council. Councilman Stephenson stated that previous Council actions were not sacred, but that he felt nothing should be done without the owner present. Councilman Stephenson moved to table the requested rezoning. The motion was seconded by Councilman Gardner and approved with Mayor Bravenec voting against. Agenda Item No. 8 -- A public hearing on the question of rez. oning a 7.065 acre tract east of Anderson Street, 100 feet south of the intersection of Anderson Street and Holik Drive from Apartment Building District R-3 to Duplex District R-2. Action of Planning & Zonin~ Commission. City Planner Mayo described the rezoning request as being one to upgrade the zoning designation to conform to planned development. Mayor Bravenec invited public comment. No one spoke. Mayor Bravenec closed the public hearing. Agenda Item No. 9 -- Consideration of an ordinance rezoning a 7.065 acre tract east of Anderson Street, 100 feet south of the intersection of Anderson Street and Holik Drive from Apartment Building District R-3 to Duplex District R-2. Councilman Stephenson moved to adopt Ordinance No. 1060 rezoning a 7.065 acre tract from R-3 to R-2. The motion was seconded by Councilman Halter. The ordinance was approved unanimously. Agenda Item No. 10-- A public hearing on the question of rezoning a 1.43 acre tract being a portion of Southwood Valley Section_ 4-B from Single Fa_mily Residential District R-1 to General Commercial District C-1. Request is in the name of Southwood Valley, Inc. City Planner Mayo described the area of requested rezoning stating that the final plat had been approved and that the developer was now asking for zoning to conform to the plat. Mayor Bravenec opened the public hearing~ Mr. W. D. Fitch spoke in favor of the rezoning. Mayor Bravenec closed the public hearing. Agenda Item No. 11-- Consideration of an ordinance rezoning a 1.43 acre tract being-a portfo~ of ~S-outhwood ValleM Section 4-B from Sin le Fa ' ' ' District R-1 to General Commercial District .C_-i_. Re. quest is in the name of Southwood Valley., Inc. MINUTES, Regular City Council Meeting January 13, 1977 7'00 P.M. Page 4 Councilman Ringer moved approval of Ordinance No. 1061 rezoning a 1.43 acre tract being a portion of Southwood Valley Section 4-B from Single Family Residential District R-1 to General Commercial District C-1. The motion was seconded by Councilman Halter and passed with Councilman Hazen absent. Agenda Item No. 12 -- A public hearing, on the question of rezoning a 1.4 acre tract being a portion of Southwood Valley Section 8-A from General Commercial District C-1 to Single Family Residential District R-1. Request is in the name of Southwood Vall.ey, Inc. City Planner Mayo described the area of requested rezoning. Mayor Bravenec opened the public hearing. No one spoke. Mayor Bravenec closed the public hearing. Agenda Item No. 13 -- Consideration of an ordinance rezoning a 1.4 acre tract being a portion of Southwood Valley Section 8-A from General Commercial District C-1 to Single Family Residential District R-1. Councilman Stephenson moved to approve Ordinance No. 1062 rezoning a 1.4 acre tract in Southwood Valley Section 8-A from C-1 to R-1. The motion was seconded by Councilman Ringer and unanimously approved. Agenda Item No. 14-- Consideration of a rate ordinance for natural gas service. Mr. A1 Bartley, District Manager for Lone Star Gas, described the proceedings leading to the present proposed ordinance. Mr. Neeley C. Lewis, City Attorney, explained the ordinance, stating that the 1975 taxes including penalty and interest were paid by Lone Star Gas Co. on February 12, 1977. Speaking of the 1976 action which made the basis of the suit pending in District Court, Attorney Lewis stated that an agreed judgment would be entered by the court between the parties and that Lone Star would file an amended rendition with the Tax Assessor-Collector. This rendition will show a market value of their property of $1.25 million which will give Lone Star an assessed value of $1 million on our 1976 tax roll. Additionally, there has been an agreement between Lone Star and the City that, in future years, Lone Star will furnish the Tax Assessor-Collector with additional data necessary to make valid judgments as to market value of their property, including income data and breakdown of the College Station system from the Bryan system. Mayor Bravenec also noted that this settlement seemed to have as one of the assumptions, that the proper basis for valuation is 1/2 replacement cost plus 1/2 original cost. He further stated that this is not part of the settlement and it will not be in the future. Mr. Lewis pointed out that there are a few mechanical items to be completed in the suit, but that the City should not be concerned with these. Councilman Halter moved to remove the rate ordinance from the table. ozO65 MINUTES, Regular City Council Meeting January 13, 1977 7'00 P.M. Page 5 Councilman Ringer seconded the motion which passed unanimously. Councilman Ringer moved adoption of Ordinance No. 1063, a rate ordinance for natural gas servJ.ce. The motion was seconded by Councilman Halter and passed unanimously. Councilman Hazen requested reconsideration of Item 5, Ordinance No. 1059, asking that the Kirkpartick and K.F.O. tracts be considered together. Councilman Hazen moved to reconsider Ordinance No. 1059 rezoning a 31.8 acre tract from R-1 to R-2. The motion was seconded by Councilman Stephenson and passed with Councilmen Ringer and Gardner voting against. Councilman Hazen moved to rescind Ordinance No. 1059. The motion was seconded by Councilman Stephenson and passed unanimously. Councilman Hazen moved and Councilman Stephenson seconded to table consideration of rezoning a 31.8 acre tract on the east side of Texas Avenue and approximately 1000 feet south of the intersection of Texas Aveo. ue and Sterling Street from Single Family Residential District R-1 to Medium Density Apartment Building District R-6, until such time as said tract and the 17.26 acre K.F.O. tract can be considered together. The motion passed unanimously. Agenda Item No. 15 -- Consideration of an ordinance amending the Zoning Ordinance No. 850 requi~r~i.ng a Conditional Use Permit for apartment projects. Councilman Gardner explained the Planning and Zoning Commission's changes and pointed out changes he suggested. Councilman Halter suggested that a clean copy be provided to the Council with all corrections and additions included. Commissioner Stover stated that the Planning and Zoning Commission is presently utilizing these regulations administratively, but that the Commission would like written guidelines. Mr. W. D. Fitch spoke against the proposed amendment. Councilman Gardner noted that in general zoning, all cases cannot be specifically covered. Action on the amendment was deferred by consent. Agenda Item No. 16 -- Consideration of an agre_e_ment for parkland dedication in lieu o.f..as, sessment on Southwest P.arkway for Brentwood, Inc. City Attorney Lewis described the revised agreement with Mr. Richard Smith and the additional land provision. Parks Director Wojciechowski described the proposed park area and site selection problems. O~~ MINUTES, Regular City Council Meeting January 13, 1977 7:00 P.M. Page 6 Councilman Ringer moved acceptance of a parkland dedication in lieu of assessment on Southwest Parkway for Brentwood, Inc. and authorization for the Mayor to sign the agreement when he and the City Attorney are satisfied with its contents. The motion was seconded by Councilman Halter and unanimously approved. Agenda Item No. 17 -- Consideration of a final plat -- Southwood Valley, Section 8-B. Councilman Ringer moved approval of the final plat of Southwood Valley, Section 8-B. The motion was seconded by Councilman Halter and approved unanimously. Agenda Item No. 18-- Consideration of a preliminary plat- Raintree Section I. This item was passed by consent. Agenda Item No. 19 -- Consideration of an ordinance annexing a 112.11 acre tract (Raintree Subdivision) to the Ci_ty of College Station. City Planner Mayo described the reasons for annexation. Councilman Halter moved approval of Ordinance No. 1064 annexing the Raintree Subdivision. Councilman Ringer seconded the motion. Mr. Eddie Schultz, managing Partner of Raintree, spoke in favor of the annexation. Mr. M. L. Cashion spoke relating to fire insurance rates and the determinants for a "key rate". The motion to adopt Ordinance No. 1064 passed with Councilman Gardner voting against. Agenda Item No. 20-- Consideration of a preliminary plat - Parkway Plaza 4&5. City Planner Mayo described the preliminary plat. Councilman Ringer moved and Councilman Halter seconded the approval of a preliminary plat of Parkway Plaza 4&5 as recommended by the Planning and Zoning Commission with the following stipulations: 1. That Pine Ridge Drive be eliminated. 2. That a rezoning of Phase V to R-2 be initiated. 3. That no direct access to Anderson Street be allowed from: Phase IV, Blk. 3, Lots 6, 11, 12 & 15 Phase IV, Blk. 4, Lot 1 Phase IV, Blk. 5, Lots 1 thru 5 Phase V, Blk. 1, Lot 12 Phase V, Blk. 2, Lot 14 4. That no direct access to Parkway Plaza be allowed from' Phase IV, Blk. 1, Lot 3 Phase IV, Blk. 3, Lot 3 5. That Anderson Street be constructed 47 feet wide in a 60 foot right-of-way. 6. That the name of Spearman Drive be changed to Pine Ridge Drive. 7. That the developer be encouraged to provide sidewalks on all streets. 0Z067 MINUTES, Regular City Council Meeting January 13, 1977 7:00 P.M. Page 7 The motion to accept the preliminary plat of Parkway Plaza 4&5 passed unanimously. Agenda Item No. 21 -- Consideration of a preliminary plat - Park South Addition. City Planner Mayo described the preliminary plat of Park South Addition. Countilman Ringer stated that the Parks and Recreation Committee would consider the purchase of land for a minimum 10 acre park. Councilman Halter moved and Councilman Ringer seconded the motion to deny approval of the preliminary plat of Park South Addition and negotiate the purchase of part of the tract as an extension to Anderson Park. Mr. Spearman pointed out that the land trade was essential in extending Anderson Street to develop his property. Councilman Halter withdrew his motion to deny and moved to table consideration of the preliminary plat until after discussion of the land trade. Councilman Ringer seconded the motion which passed unanimously. Agenda Item No. 22 -- Consideration of a proposed land trade in the area of Anderson Ridge Park between Parkway Plaza Inc., Anderson .Ridge Corp. and the City of College Station. City Planner Mayo described the proposed land trade. Councilman Ringer asked that the matter be resolved to enable Mr. Spearman to being his development. Councilman Halter moved to remove consideration of a preliminary plat of Park South from the table. The motion was seconded by Councilman Ringer and passed unanimously. Councilman Halter moved to deny approval of the preliminary plat of Park South and to negotiate to purchase all or part of the tract of land proposed for Park South. The motion was seconded by Councilman Ringer and unanimously approved. Mayor Bravenec appointed Councilman Ringer, chairman, Councilmen Halter and Gardner as a committee to negotiate the land purchase. Agenda Item No. 23 -- Other business. Councilman Stephenson requested that the City Staff again make preparations for a summer work program for youth. He also suggested that local businesses participate in the program. Councilman Gardner asked if the City had an ordinance to control litter around construction sites. _Age_nda Item No. 24 -- Adjourn. Mayor Bravenec declared the meeting adjou_.~ ed. City Secretary Regular City Council Meeting January 13, 1977 7:00 P.M. PLEASE SIGN BELOW: 22. 23. 24. 25. 27. 28. 29. 16. 17 30. 31. 32. 33. 34. 35. 36.