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HomeMy WebLinkAbout08/26/1974 - Regular Minutes City CouncilMINUTES Regular City Council Meeting August 26, 1974 7:00 P.M. MEMBERS PRESENT: Mayor O. M. Holt; Councilmen Don Dale, Jim Gardner, Fred Brison, Homer Adams, Larry Bravenec; Planning and Zoning Commission Chairman John Longley; Commissioners James Wallace, Barney Stevenson, Tom Chaney, George Boyett, M. R. Calliham; City Manager North Bardell; Director of Public Works L. P. Dulaney; Assistant Director of Public Works George Ford; City Attorney Neeley Lewis; City Planner Bill Koehler; Fire Chief Douglas Landua. MEMBERS ABSENT' City Councilman James H. Dozier. VISITOR PRESENT' See guest register. Agenda Item No. 1 - Approval of the minutes of the meetings of July 22 and August 8, 1974. Councilman Gardner wished to add to the minutes the reason why he voted "no" to the Agenda Item No. 3 of the July 22 minutes and "no" to the motion in Agenda Item No. 4 of these minutes. In No. 3, he wished to make this addition: Prior to sentence beginning "After discussion,...add: "Councilman Gardner recom- mended that Phase III be deferred a few months to permit critically needed, but now inadequate, citizen and official review of Phases I and II and more meaningful inputs into the final phase of this important project". In reference to Item No. 4, prior to sentence beginning, "After a discussion among..., add: "Councilman Gardner objected to voting on both ordinances together, since he favored Ordinance No. 922, but felt Ordinance No. 923 should be denied since it was primarily for general commercial. Councilman Dale moved and Councilman Brison seconded that the minutes of these meetings be approved as corrected. The motion carried unanimously. Agenda Item No. 2 - Hear visitors. No one spoke. .Agenda Item No. 3 - A joint public hearing with the Planning and Zoning Commission on the question of, ame_nding the. Zoning Ordinance, No. 850, by adding a flood hazard district, defining the flood hazard district, setting forth conditional uses in said district and providing flood hazard district regulations. (Ord. No. 936). Mayor Holt explained that a committee from the Planning and Zoning Commission had drawn up a draft flood plain hazard ordinance and to speed up the process of a decision, the public hearing would be held jointly between the Planning and Zoning Commission and the City Council. Mayor Holt then opened the public hearing for comments for or against this proposed ordinance. Councilman Gardner suggested th.~ crdinance be summarized. Assistant Public Works Director George Ford read the following summarization' a. Establishes a Flood Hazard District which is not a land use district, but is superimposed over existing zoning. b. Provides for establishing the boundary initially and for amending the boundary as necessary. c. Allows use to be made of the land when possible and when not detrimental . to the public interest. · d. Provides for Planning and Zoning Commission issuance of a use permit-for approval of building permits where no fill is proposed. MINUTES, City Council August 26, 1974 Page 2 e, Provides for Planning and Zoning Commission and staff review of proposal for fill or channelization. f. Provides for construction assurance for landfill or channelization projects. g. Clarifies subdivision platting procedures in flood-prone areas. h. States policy toward cost participation in channelization projects. Scott Lingo, of 1905 Langford, questioned the adequacy of 5-P.6, "Landfill and Channelization", and stated he would like for this section to be left out of the ordinance at this time. Michael Murphy, 305 Pershing, said he would like to keep the flood plain as it is now with maintenance free run-off rather than have cahnnelization which would increase the run-off velocity, and cause expense. Also, Mr. Murphy suggested the final decision be made by the City Council, who are elected, rather than the Planning and Zoning Commission who are appointed. As there were no other comments, the public hearing was closed. Mayor Holt advised the council and Planning and Zoning Commission of a letter from Dr. Christopher Mathewson, a concerned citizen and a former member of the Planning and Zoning Commission. The letter suggested several proposed changes of the flood hazard ordinance. Councilman Gardner commented that three important points of the flood hazard ordinance are the drainage ways, the natural vegetation that is left in keeping open space and the consideration of private ownerships in future developments. He also expressed that he felt as Mr. Murphy did, that the City Council should make the final decision regarding the ordinance rather than the Planning and Zoning Commissio.n. Discussion was held regarding Dr. Mathewson's letter and each proposed change was taken under consideration separately. Councilman Bravenec moved, seconded by Councilman Gardner that Section 5-P.1 be amended to add the works "and downstream" so that the statement reads-..to maintain upstream and downstream flood plain characteristics. Those voting yes were Councilmen Gardner and Bravenec. Councilmen voting no were Adams, Dale, Brison, Holt. Proposed change no. 2, referred to Section 5-P.3. By common consent, '~lhis section was left as it is originally stated. Proposed change no. 3 referred to Section 5-P.4. By common consent, the Council decided to leave Section 5-P.4 as originally stated. Proposed change no. 4 referred to Section 5-P.6.2 and was suggested to read-.. "The design of any floodway channel shall be such as not to raise the upstream or downstream flood level of the 100 year frequency flood". Councilman Dale moved that this section stay as is. Councilman Adams seconded and the motion passed. Councilman Bravenec voted "no" explaining he was concerned with the need to take into account the cumulative effect of all changes in a landfill and' channelization  ange. s in an area. Members of the Planning ~& Zoni~ng Commission expressed their feeling at the ordinance as worded took account such cumulative affect. · . Proposed change no. 5 referred to Section 5-P.9. Add "expand or remodmt" after the word~s--shall be permitted to exist, --- in compliance--. Councoilman Adams moved MINUTES, City Council August 26, 1974 Page 3 the approval of the suggested change of Section 5-P.9 with the additional sentence, "Expansions or remodeling may be permitted, subject to review and approval by the Building Official 0£ the city. Councilman Dale seconded the motion and it carried unanimously. Councilman Gardner moved, Councilman Bravenec seconded to change Section 5-P.6 to read "Any proposed landfill or channelization of any existing watercourse within the flood hazard district may be reviewed by the Planning and Zoning Commission and may be permitted or approved by the City Council through the issuance of a use permit and must meet the following requirements." The motion passed unanimously. Councilman Dale moved, Councilman Adams seconded that Ordinance No. 936, the Flood Plain Hazard Ordinance, be adopted as amended. The motion carried unanimously. Agenda %tem. No~._ 5 -~A public hearing on the question of rezoning a 0.202 acre tract in the Richard Carter League from Apartment Building Distri_..ct, R-3, to General Commercial District, C-1. This tract is located within the Plantation Oaks Apartment complex at the intersection of Rhett Butler Drive and State Highway 30 an~ t~e application is in the name of Harry Seaback, 1201 Hi§hway 30 , Co!le_ge Station, Texas. Mayor Holt opened the public hearing and explained that there is now a club existing on this property as a part of the Plantation Oaks Apartment Project and that it has been in operation since the apartments were completed. Mr. Michael Murphy, 305 Pershing, asked if a non conforming use zone would suffice, and if a conditional use permit could be issued. Councilman Bravenec answered these questions for Mr. Murphy by replying no, that these could not be issued. The public hearing was closed. Agenda Item No. 6 - Consideration of Ordinance No. 937 rezoning a 0.202 acre tract of land in the Richard Carter League from Apartment Building District~ R.-3~ to General Commercial District, C-1. Councilman Adams moved and Councilman Dale seconded that Ordinance No. 937 be adopted. Councilman Gardner stated he would like to see it remain as a legal non conforming use and voted no. Councilman Bravenec voted no, but stated he would approve, if the procedure was through a conditional use permit. Those voting yes were Councilmen Brison, Adams, Dale and Mayor Holt. The motion carried and Ordinance No. 937, rezoning Mr. Seaback's 0.202 acre tract located at the intersection of Rhett Butler Drive and State Highway 30 within the Plantation Oaks Apartment complex was granted. Agenda Item No. 7 - A public hearing on the question of rezoning a 12.58 acre tract o_f land in the Morgan Rector Leagu.e lying 300 feet ~orthe~ast of State Highway 6 and being parLt of that t.ract conveyed to Brentwood~ Inc. by Lydia Boriskie. The tract is located near the intersection of Southwest Parkway and Texas Avenue. The public hearing was opened and City Planner Koehler described the location and adjoining zoned tracts. Mr. Richard Smith, one of the owners of this tract spoke for the rezoning and advised that present plans were to build a neighborhood shopping facility. The public hearing was closed. Agenda Item No. 8 -Consideration of ordinance rezoning a 12.58 acre t'ract of' land in the Morgan Rector League_ lying 300 feet northeast of State Highway. 6 and being part of that tract conveyed to Brentwood, Inc. by Lydia Boriski'e by Meed R~corded in Volume 3.1~ page 26 of the Brazos County Deed Records from Single Family Residential District, R-lC to General Commercial District, District C-1. (Ord. No. 938) Council- man Dale questioned the extension of Southwest Parkway. Mr. Smith advised that the MINUTES, City Council August 26, 1974 Page 4 property owner of the tract across from his could not afford the expense involved in the extension of Southwest Parkway. Councilman Dale moved and Councilman Adams seconded that Ordinance No. 938 be adopted. The motion passed with Councilman Gardner abstaining. Agenda .I.~tem No. 9 -A public hearing on the question of rezoning a 1.738 acre tract of land in the Crawford Burnett Lea.gue at the South Corner of the intersection of Anderson Street and Ho!!eman Drive from Singl~e Family Residential District~ R-lC, to Neighborhood Business District, C-N. This tract is owned by the A&M Consolidated School .D.i. strict. Mayor Holt opened the public hearing and City Planner Koehler described the location and the zoning status of the adjoining tracts. Mayor Holt informed the council that the Planning and Zoning Commission had denied this request previously. Mr. Taylor Riedel spoke for the rezoning in behalf of the A&M Consolidated School System. The school had purchased this tract of land from the Dobrovolny Estate several ~.~ears ago. They now want to sell the land, but wish to get it rezoned before selling in order to receive more revenue than it would bring as presently zoned. Mr. Riedel pointed out that he felt rezoning it to neighborhood business would decrease the traffic flow and would put tax free property on the tax roll. Mr. Fred Hopson spoke for the rezoning. A discussion was held regarding how the adjoining residents felt about this zoning request. Planning and Zoning Commissioners advised that at a recent planning meeting, a total of six persons rejected to this request, but none were present at the City Council meeting. The public hearing w. as closed. Agenda Item No. 10 - Consideration of an ordinance rezoning a 1.738 acre tract of land in the Crawford Burnett League at the south corner of the intersection of Anderson Street and Holleman Drive from Single Family Residential District, R-lC, to Neighborhood Business District, C-N. (Ordinance No, 939). On motion by Council- man Dale, seconded by Councilman Gardner, the rezoning request from Single Family Residential to Neighborhood Business, was denied. Councilman Adams voted no. Agenda Item No. 11 -Consideration of an ordinance ordering the improvement of certain portions of Thomas Street from Dexter Drive to Hereford Drive; providing the necessary matters incidental thereto~ including di~ec~i.ng.._the City Engineer to prepare plans and specifications therefor~ and declaring an emerge.nc~. (Ord. No. 940). Agend. a Item No. 12 - An ordinance approving and adopting plans and specifications for improvement of certain portions of Thomas Street; directing advertisement of bids for such improvement; and declaring an emergency. (Ord. No. 941) These two items were taken together. On motion by Councilman Dale, seconded by Councilman Bravenec, Ordinance No. 940 and 941 were approved unanimously. Councilman Bravenec asked Assistant Director of Public Works Ford approximately when the work would begin on this street. Mr. Ford replied it would be within 45 days. Agenda Item No, 13 - A request for variance to Zoning Ordinance No. 850 as Cegards to the location of a swimming pool at 1201 Hawk Tree Drive. Said variance requested by David Anderson. Mr. Anderson spoke for the variance request, stating that a mistake by the contractor caused him the need to request this variance. MINUTES, City Council August 26, 1974 Page 5 Assistant Director of Public Works George Ford described the locations of the sewer and utility lines in regards to the swimming pool and easement and it was determined that these lines would not be affected. Councilman Dale moved and Councilman Gardner seconded that the variance request be granted to Mr. Anderson. The motion unanimously carried. Agenda Item No. 14- Consideration of an application for license to keep livestock in the 1600 Block of Dominik Drive by Francis M. Martin. Mrs. Martin wished to keep 6 horses at this address. City Manager Bardell explained that these applications were reviewed annually and could be reinvestigated at any time. Councilman Dale moved and Councilman Brison seconded that this application for license for keeping livestock be granted. The motion carried unanimously. Agenda Item No. 15 - Consideration of an application for license to keep livestock at 1209 Munson Drive by Jack W. Upham. Councilman Brison moved and Councilman Dale seconded that the license be granted. The motion carried unanimously. Agenda Item No. 16 - Consideration of bids for one truck chassis for use by street department. The following bids were considered: Twin City International, Inc. Halsell Motor Company, Inc. Delivery-immediate Price $6,288.00 Delivery-150/180 days Price $6,590.00 Councilman Dale moved and Councilman Gardner seconded that the low bid of $6,288.00 be accepted from Twin City International, Inc. with an immediate delivery date. The motion carried unanimously. Asenda Item No. 4 - City Manager's_ Report. The City Manager's report was given at this time. Mr. Bardell gave a report regarding taping of future meetings. He advised that the set up would include a number of microphones wired to a mixer from which the taping would occur. An approximate estimate was $700 and the equipment was Sony equipment, and~.~ was given by Industrial Electronic, Inc. Councilman Dale moved and Councilman Gardner seconded that a set of specifications and plans be drawn for taping the City Council meetings and those plans and specifi- cations be given to at least three proposed suppliers of this type of equipment and receive bids and make a decision from that. The motion carried with Councilman Brison voting no. Councilman Gardner stated that taping would assist in more efficient minutes and would be a permanent record. Mr. Bardell then reported on the land at Tarrow and University Drive and stated he had spoken with a prospective owner and the prospective owner asked for the name of a contractor who he could contact about cleaning this up for him. This had been four weeks ago and nothing has yet been done. Mr. Bardell then outlined the legal procedure as being the determination of the owner of the record, legal notice of violation of Ordinance No. 699 and necessary time to comply and City prosecution of clean up work. Bicycle striping on Jersey Street was brought up next. Mr. Bardell stated that the Texas Highway Department would do this striping if the City of College Station would control the traffic by putting up no parking signs where nedessa'r~ and that the Highway Department requested a letter from the City stating such. MINIrrES, City Council August 26, 1974 Page 6 Agenda Item No. 17 -Other business. Mr. Richard Smith appeared before the council in order to request a variance for putting up a sign in front of his business at the corner of Texas Avenue and Lincoln Avenue. The Zoning Ordinance requires that signs in C-1 be 10 feet from any public street. Mr. Smith advised that on Texas Avenue between University Drive and Walton Drive there are numerous signs that are on the property line having been there before the ordinance existed. If he set his sign back 10 feet, then it would be hidden by other signs that were not set back. Councilman Dale made a motion that this variance be granted on the condition that there is no danger of obscurring someone's vision and this should be left up to the discretion of the Building Official. Councilman Adams seconded the motion and it passed unanimously. Mr. Smith also said he wanted the council to-know he had done everything possible in cleaning his property at University and Tarrow and that the council would have his full cooperation on whatever they decide to do about cleaning this area up. In other business also, Councilman Adams asked the City Attorney what progress has been made regarding a report from General Telephone, which Mr. Adams had asked Mr. Lewis to look into. City Attorney Lewis advised that former City Attorney now Councilman, Jim Dozier advised him that he would handle the report personally as he knew who to contact and he would then call Mr. Adams. Councilman Adams said that the telephone company~ h.a'~'rn0t 'fulfilled their obligation to the City by submitting their annual earning report until they wanted a rate increase and he felt the city had been taken advantage of. The City Attorney was asked to proceed in obtaining this report as soon as possible. City Attorney Lewis advised that the hotel-motel tax report is almost completed and another meeting should be held to discuss it. Councilman Gardner commented about two signs which he felt were illegal and should be looked into. One is a:tRedmond Terrace (Gibson's) and the other at the new Aggieland Inn. Also, he mentioned that he would like the council to review the Building Code and perhaps form a committee for amendments. Councilman Dale advised the City Council and all interested citizens that on August 31, 1974 there will be a Skatathon in conjunction with the Jerry Lewis Telethon on the Labor Day week-end. The proceeds will go to the Muscular Dystrophy Fund and asked for support of everyone. Mayor Holt proclaimed August 31, to be Muscular Dystrophy Skatathon Day in College Station and instructed the City Manager to see that a proclamation is drawn up and he would sign it and inform the news media of this action. On motion by Councilman Adams, seconded by Councilman Bravenec, the meeting adjourned at 10:20 P.M. ATTEST City Secretary APPROVED Mayor