HomeMy WebLinkAbout03/23/1970 - Regular Minutes - City CouncilMINUTES
REGULAR COUNCIL MEETING
CITY OF COLLEGE STATION, TEXAS
March 23, 1970
7:00 p. M.
Members Present: Mayor D. A. Anderson; Councilmen Bill J. Cooley, James
H. Dozier, Joseph J. McGraw, O. M. Holt, Dan R. Davis,
and C. H. Ransdell; City Manager Ran Boswell; City Engineer
Lloyd James; City Planner George Eby; City Secretary
Lynda. Swoveland; and Assistant City Attorney Tom Giesenschlag
Visitors Present: Mrs. G. H. Alani, M, K. Thornton, D. D. Burns, Jr., Dave
Mayes, E. F. "Woody" Sevison, J. D. Lindsay, Harrison E.
Hierth, Frank Coulter, Elizabeth Coulter, Frank G. Coulter,
Mrs. H. S. Creswell, H. S. Creswell, Mrs. David Fleming,
H. Miller, Leslie King, Fredda King, Robert Wimblish,
Sharon Van Doren, Mrs. E. O. Hefti, Edward O. Hefti,
Peng James Li -Wei, William B. Davis, Mrs. William B.
Davis, Gail Cooley, Tim Vick, Sue Vincent, Roy W. Kelly,
Mary Bryan, Chet Leediker, Ronald Bryan, Arthur Martell,
Alton Risinger, and W. D. Fitch
Mayor Anderson called the meeting to order at 7:00 p.m. in the Council Room
of the City Hall in College Station, Texas.
On motion by Councilman Davis, seconded by Councilman McGraw, the Minutes
of the February 23 regular council meeting and the March 9, 1970 Special Council
Meeting were approved as written. Motion carried.
Mayor Anderson briefly reviewed each Agenda item for the benefit of citizens
present. He then opened the floor for discussion relative to Agenda items. There
being no comment, he closed the floor for discussion.
The next item on the Agenda under consideration was Ordinance No. 675, which
is an ordinance calling for a public hearing on the question of rezoning Lots 7, 1, 8 and
6, Block 2, of the Kapchinskie Subdivision, from District No. 1, first dwelling house
district to District No. 4, first business district. ( P&Z Case Numbers 1-70, 2-70,
3-70 and 4-70). Mayor Anderson asked City Planner Eby to show the property in
question on the maps, which he did. He pointed out that the Planning and Zoning
Commission had recommended approval of these requests with the stipulation that
the zoning be conditioned upon dedication of an easement for straightening of Wolf
Pen Creek. He further pointed out that, because Highway 6 was going to have to
eventually be widened, it would be desirable to obtain right of way along State Highway 6
now, before the zoning was granted. He explained that he had discussed this matter
in depth with the Texas Highway Department officials but that he had not had time to
prepare a report on the matter. Councilman Cooley suggested that Mr. Eby prepare
his recommendation in writing and submit such to the Council before the next regular
Council Meeting on April 27th. Councilman Holt stated he felt Mrs. Boriskie, the
property owner of these four tracts, should be made aware of the possibility of
granting additional right of way of approximately 32 feet. GIZ33
Minutes of March 23, 1970 Council Meeting Page 2
Councilman Holt moved that Ordinance No. 675, an ordinance providing for a
public hearing on the question of rezoning Lots 7, 1, 8 and 6, Block 2, of the Kapchinskie
Subdivision, from District No. 1, first dwelling house district to District No. 4, first
business district, be adopted. Motion was seconded by Councilman McGraw. Motion
carried.
Councilman Dozier stated that he would like to make the public aware of the fact
that the zoning requests which are granted, will result in an increased city tax. This
tax will be increased because the value of the property is automatically worth more if
it is zoned apartment or commercial.
Mayor Anderson then asked for the pleasure of the Council in relation to Ordinance
No. 676, an ordinance calling for a public hearing on the question of rezoning a 10.84
acre tract of land, located at the southwest corner of Welsh Street and Southwest Parkway,
from District No. 1, first dwelling house district to District No. 4, first business
district. ( P&Z Case No. 8-70).
Councilman McGraw asked City Planner Eby if there was any type of plan presented
at the Planning and Zoning Commission Meeting for this zoning request ( Ordinance No. 676).
Mr. Eby stated that he really could not speak for the owner of the property in question.
He asked Bill Fitch if he would come before the Council and explain his plan for this area,
which he did. Some discussion followed between Mr. Fitch and Councilman McGraw con-
cerning this zoning request.
Councilman Holt moved that Ordinance No. 676 be adopted, an ordinance calling
for a public hearing on the question of rezoning a 10. 84 acre tract of land, located at
the southwest corner of Welsh Street and Southwest Parkway, from District No. 1, first
dwelling house district to District No. 4, first business district. (P&Z Case #8-70).
Councilman Ransdell seconded the motion. Motion carried.
Mayor Anderson explained that Mr. and Mrs. G. H. Alani had requested rezoning
of Lots 6, one-half of 7 and a 3 foot strip on the rear of Lots 4 and 5, Block 1, of the
College Park Subdivision, from District No. 1, first dwelling house district to District
No. 3, apartment house district. He further explained that the Planning and Zoning
Commission at their March 2, 1970 meeting had recommended denial of this request
to the Council. However, Mr. and Mrs. Alani were requesting repeal of the decision
from the Council. City Planner George Eby pointed out the area in question on the map.
Mr. Eby stated that the area under consideration has non -conforming buildings that
were in existence prior to zoning as Residential R-1. Mayor Anderson also pointed
out that the Alani's had submitted a zoning request on January 6, 1968, which had
been denied by the Planning and Zoning Commission at that time also.
Mrs. Alani presented a letter to the Council which is attached and made a part
of these Minutes as ATTACHMENT A. Mayor Anderson read this letter aloud for the
benefit of citizens present.
Mrs. Alani stated that, in support of her request, that if she desired to build
a $25, 000 home on her lot, it would be "undesirable" due to the commercial property
Minutes of March 23, 1970 Regular Council Meeting
Page 3
and the duplexes around her lot. She stated that her lot size was approximately 69 x 125
feet. She stated that she does have plans for the property she owns, if the apartment
zoning were granted. She would like to build a four -unit luxury type apartment with
2 parking spaces for each tenant. She stated she had built a very nice apartment in Bryan,
which would be similar to the one she planned for the University. Councilman McGraw
asked Mrs. Alani if she would consider duplex zoning. She stated that she felt apartment
zoning would serve the students better.
Mayor Anderson opened the floor for discussion, asking if there was anyone who
wished to speak concerning this request. Mr. Frank Coulter read a letter addressed to
the Mayor and Council, which he presented to each. This letter is attached and made a
part of the Minutes as ATTACHMENT B. He was representing the interested persons
in the neighborhood on Fairview Street that zoning was requested in. He stated that
he, as well as others in the neighborhood, opposed the zoning and requested that it be
denied.
Mayor Anderson read a letter from Mrs. Spriggs, Mrs. George Potter and
Mr. and Mrs. James Brown, who also opposed the rezoning on Fairview Street.
This letter is also made a part of these Minutes as ATTACHMENT C.
Mr. Harrison Hierth and Mrs. Fleming also objected to the rezoning. After
considerable discussion, Councilman McGraw moved the rezoning request to rezone
Lots 6, one-half of 7, and a 3 foot strip on the rear of Lots 4 and 5, Block 1, College
Park Subdivision, be denied. Motion was seconded by Councilman Ransdell. Motion
carried unanimously.
The next item on the Agenda was the Master Preliminary Plat of the West
Knoll Subdivision, and the Preliminary Plat of the West Knoll Subdivision, Section 1.
(P&Z Case No. 9-70). Some discussion followed among council members and
Mr. Fitch concerning this plat. Councilman Holt moved that the Master Preliminary
Plat of the West Knoll Subdivision be approved. Motion was seconded by Councilman
Cooley. Motion carried.
A discussion followed among citizens and council members concerning the
proposed streets shown on the West Knoll Subdivision Plat. Mrs. Van Doren, a
citizen in the audience, stated she was very concerned because she had children
walking to school each day and she lived on Glade Street and the traffic problem
there was a serious one. Mayor Anderson explained that the Council realizes this
and there are several streets which must be considered for construction during the
next fiscal year and the Southwest Parkway was one of the streets they hoped to
extend.
Minutes of March 23, 1970 Regular Council Meeting Page 4
The next item under consideration on the Agenda was that of the Subdivision
Plat ( Final) of Runaway Acres, which falls within the city's extraterritorial juris-
diction. This property is approximately 3. 3 miles west of FM 60. Mayor Anderson
explained that the preliminary plat had been approved by the Planning and Zoning
Commission, subject to street right of way width on Mary D Street being increased to
56 feet. Mr. Davis, the Developer of this Subdivision, had complied with this request
and had submitted his Final Plat with this correction made. On motion by Councilman
McGraw, seconded by Councilman Cooley, the Subdivision Plat of Runaway Acres was
approved. Motion carried.
Mayor Anderson announced that he had just been handed a note that President
Earl Rudder of Texas A&M University, had died. He made this announcement with
deep regret, asking for a moment of silence.
Councilman Holt made a motion to recommend that the College Station City
Council approve the request from Brazos Valley Development Council for the proposed
water line extension in the Wellborn Water Supply Corporation area. Motion was
seconded by Councilman Ransdell. Motion carried.
The Mayor then asked City Manager Boswell to give his report to the
Council.
The first item Mr. Boswell reported on was the status of the Quit Claim Deeds
for Holleman Drive extension. He explained that all but two of the Deeds had been
signed. Mr. Boswell asked the Assistant City Attorney Tom Giesenschlag, to
report on the status of these two deeds if he wished. Mr. Giesenschlag stated that
he would prefer to talk to Mr. Martell, one of the property owners who had not
signed the deed, personally, in view of the fact that he had received a letter this
date from Mr. Martell. However, Mr. Martell stated that he would like to make
a statement to the Council. He explained that he did not feel the granting of these
Quit Claim Deeds was necessary for the extension of Holleman. He feels the width
of 6, 000 square feet in area could be made up with additional width and not depth.
There was considerable discussion concerning this item among councilmen.
Councilman Cooley moved that City Engineer Lloyd James be authorized
to plat Holleman Drive and proceed with engineering estimates, including the bridge
cost. Councilman Holt seconded the motion. Motion carried.
The City Manager stated that the next item was the consideration of a
Sanitary Land Fill site. He recommended an area located west of the Heavy Equipment
School which ':has a total of 56 acres. The price of the land is $50, 000 for the 56 acres.
The agreement which has been worked out would be that the City of College Station would
pay $500 per month for three years, and at the end of the three year period, the money
paid would apply against the purchase price and at that time, we would pay $32, 000 and the
Deed to the property would be signed over to us. Mr. Boswell asked City Engineer James
if he thought this property was a good site for the sanitary land fill. Mr. James stated
that he felt it was a good site due to the nature of the soil and that it was gullied, which
is good for bulk items. Also, it has drainage into the Brazos River Watershed.
0:11�,
Minutes of March 23, 1970 Regular Council Meeting Page 5
City Manager Boswell pointed out to the Council that we had been paying $600 per
month for the use of the University's sanitary land fill.
Councilman Davis moved that the City Manager be authorized to purchase the land
on the property which he had described, with the terms as spelled out above. Motion was
seconded by Councilman Holt. Motion carried.
The next item brought up by the City Manager was that of the Contractor's Certifi-
cate for Payment ( dated April 19, 1970) on the City Hall and Fire -Police Station. The
City Manager asked for Council concurrence in paying this estimate. Councilman Ransdell
moved that the City Manager be authorized to pay this estimate in the amount of $47, 661.31.
Motion was seconded by Councilman Davis. Motion carried.
City Manager Boswell gave the following report on finances relative to items shown
and asked for concurrence of the Council in transferring funds out of Water Improvement
Account to pay deficits in capital outlay accounts:
City Hall, Police/Fire Station $ 6,720.15
University Drive $29,373.75
City's Cost of participating in an 8 -inch $10,013.00
Water Line to Texas International
Speedway
City's Cost of participating in street $14,000.00
lighting along FM 2154
Water line extension across West Loop $ 2,500.00
Transfer from Water Improvement Fund $62, 606. 90
Councilman Holt moved the City Manager be authorized to transfer these funds.
Motion was seconded by Councilman Ransdell. Motion carried.
The next item reported on by the City Manager was that of financing of the fire
trucks. Mr. Boswell stated he needed authorization to have the Mayor sign a note with
University National in the amount of $69, 976.00. Councilman Dozier moved that the
Mayor be authorized to sign the note with University National Bank in the amount of
$69, 976. 00. Councilman McGraw seconded the motion. Motion carried.
Mayor Anderson expressed, on behalf of the City Council, his appreciation to
Councilman O. M. Holt, who has served the city faithfully for six years. Mayor
Anderson stated that he regretted seeing him leave the City Council and wanted to
make a public acknowledgement of all the contributions he had made as Councilman.
Mayor Anderson stated that, as everyone was aware, the Airport Authority had
been defeated. He stated that the City of College Station stands ready to work with the
other governing bodies to do anything it can to try and resolve the problem of financing
the airport. He acknowledged the importance of the airport to our community as a whole.
`, 267 ' 1
Minutes of March 23, 1970 Regular Council Meeting Page 6
Mr. Thornton inquired as to the paving of Harrington and Gilchrist Streets.
City Manager Boswell stated that the street paving for last year had been started,
which will include the streets referred to. He stated that relocating the gas, water
and sewer lines took time and that the city had also gotten behind due to the weather.
Mrs. Ed Miller stated that she hoped that they would do some patching on
Guernsey. Mayor Anderson asked City Manager Boswell to attend to this matter.
Councilman Holt moved the meeting be adjourned, subject to call. Councilman
Dozier seconded the motion. Motion carried.
APPROVED:
Mayor
ATTEST:
City Secretary
las
ATTACHMENTS A, B AND C made a part of these Minutes
'he City Council
ATTACHMENT A Minuted of March 23, 1 70
City of College Station, Texas
Gentlemen
1 am t.t'1e owner of Lot; 6, 1, and `) :i_ t . ,�';Y.'ip on t;i-e roar of Lotst -
and 5, Block 1, College Park, College Station, Texas. 1 am
requesting that the zoning on this property be changed .from R-1
single family dwelling to R-3 Apartment dwelling due to the
following reasons:
1. 'Tii.e adjoining };property at the corner of Jersey and Montclair_
streets is being used as a filling; station.
2. The adjoining property to the North Lots 4 and 5 ( facing Jersey
street) are being used as a duplex.
3. The property to the West (facing Montclair) is being used as
a duplex - Lots 12, 1.3, 14 and 15.
4. The adjoining property to the South is being used as a
multiple dwelling occupied by the owner and two tenants - Lots 8,9,
part of Lot 7.
5. The area at this time is deteriorating with age. Most of the
structures in the area were constructed around 1130.
In order for me to improve and upgrade the property I feel I am
fully justified to brink, my property into a more general conformance.-
with
onformance:with the actual land use in the neighborhood by building a four
unit modern luxury type apartment house for '.Texas A&M students and
personnel.
On March 2, 1970 I appeared before the Planning and Zoning Commission.
of the City of College Station for the purpose of considering the
zoning change. However, the request was denied without concrete
justificat=ion. `.Therefore, I find it necessary to appeal_ the
action taken by the said Planning and Zoning Commission to the
City Council of the City of College Station, Texas for further
consideration to rezone my property to R-3 apartment district.
The reasoz-ifor this request are as -follows
1. One adjoining property is being occupied by the owner and.
two -tenants. According to Ordinance No. 38 Section 1, Definitions
nos 3 and 4 this property is used as an"apartme'lt house" and not
a duplex.
2. Ordinances no. 415 passed. on July 27, 1964 and no. 537
passed on September 25, 1967 regarding rezoning Lots 1, 2, and
15 feet of Lot 3 and 7.5 ft. of the alley, Block 1, College Park,
College Station, from R-1 to R-3 and from R-3 to District 49
respectively are not in conformance with Article 1011f of the
Civil Statutes of the State of Texas pertaining to Zoning and
Section 26 of Ordinance No. 38 passed by the City of College Station.
r
-2-
Z ( ' I ! -t, �� t'� I () r� , . i : �' I U i � K'
C 0 r 1 .3 1, 1., U't 11, 0 " Lk Jk t 1"(' 1
f.i 1JAIle,
o t
proj)ert�y Atid, i ti my o 1) t' , A. 0 j I s Ci () 0' - 11, 1 reo.11J-1.,011le
-f Ordinanc'e No. 58.
1� o c 1"J" oil 8
-- property y council to rezone my f o R-1 to R-5
U (.' �3 t the City .1 r r m
aj)artinent district. If the City Council feels t 1i a t t h. e area is
worthy of being R-1 and should stay that way then it is the duty
of the City of College :)tation to safeguard the interests of all
the citizens and to enforce the zoning Ordinance as specified in
Article 1011h of the Civil Statutes of the State of Texas pertaining
to Zoning and to Section 25 of Ordinance No. 58 passed by the City
of College Station. Furthermore, the propertyin, the area should
,be used as R-1 (including the filling station) and that any duplex
built prior to the zoning ordinance should be used as a duplex
and not as an apartment.
Yours truly,
Mrs. Leatrice Alani
CJ:Lz^i'f14&
.� ij
ATTACHMENT "B'+ to Council Minutes of March 23, 1970
March 23, 1970
TO THE MAYOR AND CITY COUNCIL OF COLLEGE STATION
Re: Rezoning on Fairview Street in College Park Addition
Fairview Street is zoned residential from jersey to Park Place, with the
exception of two duplexes built before the city was incorporated.
Many of us have elected to improve and maintain homes on Fairview and in the
surrounding neighborhood because our investments ARE protected by zoning. We
object to having our future jeopardized by an individual who chooses to live in
another community and to allow the character of a neighborhood to be changed for
personal gain. This was the initial reason for zoning, and we object to rezoning
simply because someone requests it.
We do not want College Park to become another North Gate area. Either we
have zoning and our elected officials uphold it—or we don't! The Planning and
Zoning Commission has rejected this particular proposal and if the City Council
chooses to overrule the P&Z, there is no point in having such a commission.
'We object to A city planner I recommending that this area
eventually be rezoned completely to business and apartments. The population of
College Station and Texas A&M is so mobile today that housing (apartments) and
shopping centers immediately adjoining campus are unnecessary. These are our
homes and we are prepared to fight to uphold the existing laws to protect them.
We acknowledge that College Park is an older section, but we live there by choice
and we refuse to permit without protest any attempt to alter the area for the benefit
of a few developers and builders who think only of the dollar their dollar!
Our community obviously believes in zoning and established it immediately
when the city was incorporated. We sincerely believe the zoning principle should
be upheld and that citizens should NOT have to meet like this to ask that someone
not be given the privilege of setting the law aside. If the Council does not hold
-to the law, it will become a clerical group acting on every lot in College Station.
We request that this rezoning be denied.
FCC:nlm' \�
Yours truly,
Frank C. Coulter
ATTACHMENT C - Council Minutes of March 23, 1970
To the Mayor, members of the City Council and Planning and
Zoning Commission
For a great many people a family residence is a great invest-
ment and their home -site is selected as a life -time proposition.
Such is the case of us people who reside in this particular area of
the College Park Subdivision which has been brought under discussion
for re -zoning. We home owners have lived here and paid taxes many
years. We bake pride in our residences and surely the members of
the City Council and Planning and Zoning Commission want home -owners
that do have pride in their home sites.
Shortly after -the City of College Station became incorporated,
a Zoning Committee was established to make laws to protect the rights
of the people who had become permanent home -owners in each area.
Although in our particular area at that time there were a few duplexes
owned by respected citizens, they were no detriment to -the single
home residences and did not influence zoning.
Nowa, a person becomes owner of a single dwelling, lot 6 and,
part of 7 on Fairview Street, and is interested only in financial.
gain for himself ignoring the "greatest good for the greatest num-
ber of people" and has had the audacity to appear before the Zoning
Commission to ask. for re -zoning in this area, purely for his private
gain. In the name of justice 1 cannot comprehend how "spot zoning's
can improve a city not to mention its harm to the home owners.
Isn't it the purpose of the elected officials to protent the rights
of the people for whom they serve? Surely -the present city officials
and members of -t-he present Plannirig and Zoning Commission believe in
the "greatest good for the greatest number of people" and will protect
individual home owners in our area.
Sincerely yours,
hea
1272
AGENDA
CITY COUNCIL MEETING
CITY OF COLLEGE STATION, TEXAS
March 23, 1970 at 7:00 p. m.
1. Approval of Minutes of February 23, 1970 regular meeting and special meeting on
March 9, 1970.
2. Hear visitors on Agenda items.
3. Consider Ordinance No. 675, an ordinance calling for a public hearing on the ques-
tion of rezoning Lots 7, 1, 8 and 6, Block 2, of the Kapchinskie Subdivision, from
D"strict No. 1, first dwelling house district to District No. 4, first business district.
11&Z Case Numbers 1-70, 2-70, 3-70 and 4-70).
4. Consider Ordinance No. 676, an ordinance calling for a public hearing on the
question of rezoning a 10.84 acre tract of land, located at the Southwest corner of
We':,h Street and Southwest Parkway, from District No. 1, first dwelling house
disicri; .t to District No. 4, first business district. (P&Z Case #8-70).
5. Discussion of P&Z Case #5-70, a request to rezone Lots 6, one-half of 7, and a
3 foot strip on the rear of Lots 4 and 5, Block 1, of the College Park Subdivision,
from District No. 1, first dwelling house district to District No. 3, apartment
house district.
6. Con.3,der a Master Preliminary Plat of the West Knoll Subdivision, and the Pre-
liminary Plat of Section 1, West Knoll Subdivision (P&Z Case #9-70).
7. ConsI.der the Final Plat of Runaway Acres Subdivision, which falls within the city's
extraterritorial jurisdiction. (P&Z Case #13-70).
8. Consideration of request from Brazos Valley Development Council for the College
Station City Council's approval of the proposed water line extension in the Wellborn
Water Supply Corporation.
9. City_ Manager's Report:
a. Quit Claim Deeds from property owners pertaining to the extension of
Holleman Drive.
b. Sanitary Land Fill.
c. Contractor's Estimate on City Hall, Fire and Police Station.
d. Suggested means of financing current projects:
(1) City Hall Fire Station and City Hall/Police-Fire Station and office
f urnishings.
(2) University Drive curb and gutter and utility adiustments.
(3) City's cost of participating in an 8 -inch water 1 ne within the limits of the
city, which is serving the Texas International Speedway.
(4) Fire Trucks.
10. Hear visitors.
11. And other business.,,6N
2. Adjourn.
1 B :las
Y hereby certify that the attached Notice was
posted on 1���� � ___ _________—
Lynda Swoveland
City Secretary
Subscribed and sworn to before me this
_____—______G—f
_� _____ _—____ day or?
I 19 D
—
Notary Public, razos County, Texas