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HomeMy WebLinkAbout10/23/1974 - Regular Minutes City CouncilMINUTES Regular City Council Meeting October 23, 1974 7- 00 P.M. MEMBERS PRESENT: Mayor O.M. Holt; Councilmen Larry Bravenec, Homer Adams, Fred Brison, James Dozier, James Gardner, Don Dale; City Manager North Bardell; Director of Public Works Dulaney; Assistant Director of Public Works George Ford; City Attorney Neeley Lewis; City Planner Bill Koehler; Administrative Secretary Sadie Holligan. MEMBERS ABSENT: None. VISITORS PRESENT: See guest register. Agenda Item No. 1 -- Approval of the minutes of the meeting_ of September 23, 1974. On motion by Councilman Dale, seconded by Councilman Gardner, the minutes were approved as written. Agenda Item No. 2 -- Hear visitors. Mr. Victor Tubbs, 1009 Welch Avenue, S. spoke that he did not think it was right for the city to charge a penalty on late utility bills. He suggested that each customer set his own due date or that each customer be given 30 days notice before a penalty is assessed. Agenda Item No. 3 -- Resolution accePti_n_g the provisions of St. ate High- wa~y Department Minute Order for 'traffic signal construction at FM 2154 and Jerse. y Street. A Minute Order was passed by the Texas Highway Commission on October 1, 1974. It was passed on the condition of the city's acceptance and fulfilling certain requirements. Councilman Dozier moved, Councilman Dale seconded that the Minute Order be approved. The motion carried unanimously and the resolution accepting the provisions of the Minute Order was passed. A_genda Item No. 4 -- A public hearing on rezoning of a 16.134 acre tract to Apar. tment. Buil_ding .Di~strict, a 5.983 acre tract to Duplex Residential District and a 2.23'2 acre ~raC~'- t'~APari~en~ Bui_ldi_n_g District from Single Family Re'side'tiaI Distri'ct. (Seaback tracts north of Munson Avenue an.d Hwy.~ 30..). Mayor Holt opened the public hearing. Mr. Scott Manning, 1004 Dominik, stated that he thought that there were too many apartments in one area and that this would cause a density problem. He also cited the problems of noise and traffic. He presented the Mayor and Council with a petition with 280 signatures and a total of 266 petitions of people who were opposed to the rezoning. Dr. Thomas Kozik, 1010 Dominik, spoke against the rezoning. Mayor Holt closed the public hearing. Councilman Adams questioned if there were any persons in favor who wished to speak f~r the ~ezoning, and Mayor Holt opened the public hearing again. No one spoke and the hearing was once again closed. · MINUTES, Regular City Council Meeting October 23, 1974 Page 2 Councilman Adams moved that the rezoning be approved as the Planning and Zoning Commission recommended. The recommendation being that Tract One of 16.134 acres, be rezoned to Apartment Building District, Tract Three of 5.98 acres be rezoned to Duplex Residential and Tract Two not be rezoned, but left as Single Family Residential. Councilman Dale seconded the motion and discussion was called for. Councilman Gardner asked about the R-lC "not platted" areas on the map. City Planner Koehler explained these areas to the council. Councilman Brison spoke regarding the traffic problem on Kyle and Dominik and questioned the need for so many apartments in one area, as more apartments will change the pattern of life in this area. Councilman Dale stated that the development plan should be followed as close as possible and the Planning and Zoning Commission had worked hard to do this. He said that rights of the owner should also be considered. Councilman Bravenec stated that he was against the rezoning because having more apartments there, would bring more traffic and noise into the area. Councilman Dozier replied to the petitioners, saying that things do not stay the same and changes must take place if the City of College Station is to progress. Mayor Holt called on Planning and Zoning Commissioner M. R. Calliham to brief the Council and citizens and to discuss the recommendation of the Planning and Zoning Commission. Mr. Marvin Harris spoke against the rezoning. Agenda Item No. 5 -- Consideration of Ordinance No. 94_3, an ordinance rezoning certai-n ~tr'acts' of la'nd in the Ric'ha~d .ca-r~e.r LeagUe more particularly _d_escribed in the body of this ordinance from Si. ngie ' Family R~si~dentia!. DiStrict,' District R-lC, to. Apartment Buildinq District, District R-3 a'nd Duplex Residential District~ pistrict R-2 as specified in the body of this ordinance. (Seaback tracts north of Munson Avenue and Hwy. 30.) P&Z Case No. 74-22. Mayor Holt 'read Section 13-A.7 of the Zoning Ordinance ("Effect of Protest to Proposed Amendment"). He stated that the vote would be taken and the validity of the petition would be ascertained at a later date. Those voting "yes" were Councilmen Adams, Dale, Holt and Gardner. Councilmen voting "no" were Dozier, Brison, Bravenec. Mayor Holt advised all concerned of the existing situation. If the petition is in order and enough of the residents of this area protested, the motion would fail and the rezoning request would not be granted. Mayor Holt stated that a determination would be made as soon as possible and that the determination would be made by the City Attorney. Councilman Dozier qualified his "no" vote by stating that the reason his vote was "no" was that he voted against the duplexes invo~_ved. Mr. Dozier moved that Tract One be rezoned to R-3 and leave the rest of the land above that to R-l, if the petition is valid. Councilman MINUTES, Regular City Council Meeting October 23, 1974 Page 3 Brison seconded the motion. The motion failed with the following vote: "yes", Councilmen Dozier, Gardner, Brison. "No" votes were Councilmen Adams, Bravenec, Holt, Dale. Agenda Item No. 6 -- A public hearing on rezoning request of a 2.2 acre tract to N.eighborh.o. od Business District and a 4.4 acre tract t°'Apar~ent B. uildin.g DistriCt ~fro~ sinqle Fa_m_~ly ~sid-ential District. (BEMA, Inc., tract northwest of FM 60 adjoining Texas A&M Univeristy.). P&Z Case No. 74-28. Cit~ Plan~er Koe~ler descri6~-d ~he' location and Surr0u~ding ~.'oning designations. Mayor Holt opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 7 -- Consideration of Ordinance No. 944, an ordinance rezoning certain tracts of land in the J.E. Scott Leaque more particu- lariY described in the b°d~ of ~~-s Ordinance ~r0m Single Family Residential District, District R-lC t0' Neig.hborhood Business District, District C-N, and ~partmen't~ Bu'ilding '~DiStrict, Dis~ric't R-3' "~s~ speci- fied in the body of this ordinance. (BEMA, Inc., tract northwest of FM 60 adjoining Texas A&M u~v. elrsity) . . P&Z Case No. 74-28. Coun6ilma~ ba]"e '~ove'd and C'ouncilman Adams seconded' t~at ~rdinance No. 944 be adopted. Mr. Martin Anding spoke for the rezoning and stated that the availa- bility of utilities was not yet certain. Councilman Dozier made a motion to amend the ordinance by adding the paragraph: The rezoning of this property does not contemplate that city utilities are to be furnished to these particular tracts of land; if it is to be furnished with utilities, this will be an expense to the landowner. The amendment to the motion was seconded by Councilman Brison and passed unanimously. The motion was amended, and passed with Councilman Gardner voting "no" and Ordinance No. 944, rezoning the property, was adopted. Councilmen voting "yes" were Dozier, Dale, Brison, Adams, Holt, Bravenec. Agenda Item No. 8 -- A public hearing on the question of rezoning a 6.47 acre tract to ...General comm. erclal Dist. ri~ct ..f_rom .S. ingle Family ~-side'ntia'l District. (E.f. putz tract on Univers_i. ty Drive northeast of Tarrow St.). P&Z Case No. 74-29. Mayor Holt opened the public hearing. No one spoke and the public hearing was closed. Agenda Item No. 9--Consideration of Ordinance No. 945, an ordinance rezoning that certain tract of land in the Richard Carter League, Brazos- County, Texas in Co. llege station b.e~ing part of Tract No. 3 of the division of a Portio~n of the Putz tract from Sin_gl.e. Residential Di~tric~, Di~s'tri'ct R-lC to Genera~l COmmer'cial ~ist'rict, Dis~ric~ C'i-. (E.L. Putz tract .on U. nive. r. sity Drive northeast of Tarr~St.) P&Z Case No. 74-29. Councilman Dale moved and Councilman Adams seconded that Or~inan~e- No. 945 be adopted. Councilman Gardner pointed out that if this was rezoned Commercial, that this would further develop "strip zoning" along University Drive. He stated that he was against this type of development. MINUTES, Regular City Council Meeting October 23, 1974 Page 4 Councilman Bravenec suggested two possible plans to limit commercial zoned tracts, especially those zoned commercial and not being developed. He suggested implementing a heavy tax on land zoned commercial but not in use, and he recommended that land not developed in two years should revert to the original zoning. Councilman Dozier moved an amendment to the ordinance stating that the city is not rezoning this property in contemplation that city utilities are to be furnished to these particular tracts of land; if it is to be furnished with utilities, this will be an expense to the landowner. Councilman Bravenec seconded the amendment and the motion carried with Councilman Gardner voting "no" to the amendment. Councilman Dale's motion to adopt Ordinance No. 945 passed with Councilman Gardner voting "no". Those Councilmen voting "yes" were Dozier, Dale, Brison, Adams, Holt, and Bravenec. Agenda Item No. 10 --....A..Pu. blic hea. ring on the question of rezoning all of Lot 1 and Lot 2, Block 3 of Redmond Terrace Subdivision to Apartment Building District from Single Family~Residen%ial'-District. (Haroid E' Redmond lots at Mil~iff st. and Redmond Drive.) P&Z Case No. 74-3~_0. Mayor H°l~- opened the public hearing. Mr. Travis Englebrecht, requested the council to table this ordinance so that he and his associates could study a way to create a paved parking area that would not be offensive to residents across from this tract. This parking area would be used for overflow parking from the Aggieland Inn. Agenda Item No. 11 -- Consideration of Ordinance No. 946 an ordinance .rez0nin_~' all 0~-L'ot 1 'an~ Lot 2', B10C~3, Redmond Terrace Subdivis_ion ~from Single Family Resi.den~iai Di~'t'~iC~ District R-lC' to Apartment Building District, District R-'3. (Harold E. Red~6-nd lots at Milliff St. and Redm0n~ Drive) P&z daSe No.' '7'5-'3'0. ' ' Coun6iiman Dozier' moved, Councilman Brison seconded that Ordinance No. 946 be tabled until a further study could be made regarding development of this tract. The motion carried unanimously and the ordinance was tab led. Agenda Item No. 12 -- A public hearing on the question of rezonin~ a 1.122 acre tract in 'the D.A. Smith Subdivision to General Commercial District from Apartment Building DistriCt. (Tommy' Arho'p01~s tract' -- northeast of Hwy 6~etween Live oak St. and Eastgatq ~Squa.r.q') P~z case No. 74-31. Mayor Holt opened ~the Public hearing after ci~y Planner Koehler described the area location and surrounding zoning. No one spoke and the public hearing was closed. Agenda Item No. 13 -- Consideration of Ordinance No. 947, an ordinance rezqning .that certai~ 1~122 acre tract of land in the Richard Carter League being part of Lot ~'~, D.A'. sm'it'h S~bdivision from Apartment" Building District, District R-3 to-~ene'r'a~ d°mmercial' 'District, District C-1. (Tommy Arhopolus tract no~the~s~--of Hwy 6 betWeen Live Oak St. and Eastgate Square.) p&Z Case No'. 74-31. CounCilman Dale moved and Counc'il-man Brison secOnded that Ordinance No. 947 be adopted. The motion passed with Councilman Dozier voting "no". MINUTES, Regular City Council Meeting October 23, 1974 Page 5 Agenda Item No. 14 -- A public hearing on the question, of rezoning a 1.064 a~'re tract i~~he D.A. Smi'th~ Sub'~ivisi'~n t° General cOmm~'rcial ~_s~rict ~from ~APa~ment' BUilding District. (Building Consultants, Inc. tract northeast of Hwy 6 between Live"oa~ s~. and Eas. ltgate Square.) P&Z Case No. 74-32. Ma~6r Hol{ o~en~d -t'he public hearing. No one spoke and the public hearing was closed. Agenda Item No. 15 -- Consideration of Ordinance No. 948_,...an ordinance rezoning ~hat'~'~cer~ain '1.'064 a6r~ ~r~ct °f-land in the Richard Car~t'er League being part of Lot 27, D.A. Smith Subdivision from Apartment Buii_ding District, 'District R-3 to General Commercial District, District C-1. Councilman Dale moved ~and" ~c°'unci'l~an Adams seconded that Ordinance No. 948 be adopted. The motion passed and Ordinance No. 948 was adopted with Councilman Dozier voting "no" and Councilman Bravenec abstaining. Agenda Item No. 16 -- A public hearing on the question of rezoni.n.g a 20 acre tract to Apartment Building .D_istrict from Si.ngle Fami!~f ~eS~i~e~tial~District. (F.S. KaPchinskie tract southwest of .H. wy_6 and southeast of Holleman Dr.) P&Z Case No. 74-33. Mayor Holt °Pen'~ed 'the pu~bli~ he~'~ng'.' ~ayor'"~HOl~ ~Pened t'~ public hearing. Mr. Tom Chaney, an associate of Richard Smith Co., spoke for the rezoning and stated that as a member of the Planning and Zoning Commission, he had abstained from voting when it came before the Commission. Mr. Chaney is representing Mr. Kapchinskie in the '~ sale of this property, and therefore has a specific interest in the rezoning. He then explained the situation concerning this tract and the tract above it. The public hearing was closed. Councilman Adams moved and Councilman Brison seconded, that Ordinance No. 949 be adopted. Discussion was called for from the Council. Councilman Dozier moved and Councilman Dale seconded an amendment to the ordinance by adding the statement to say that the preliminary plat be withdrawn and resubmitted. The motion passed unanimously and the amendment was accepted as an addition to Ordinance No. 949. Agenda Item No. 17 -- Consideration of Ordinance No. 9_49, an ordinance rezoning all ~f a-20.00-acre~ract o'f~ land in the ~'rawford Bur'nett ~ League in College Station, Brazes County, Texas and more particularly described in the body of this ordina~ce frqm. Single Family Residential District, District R-lC to Apartment B~uilding District, District R-3. (F.S. Kapchinskie' trac~~ southwest of Hwy 6 and sout'heast of 'Holleman Dr. ) P&Z Case No. 74-33. The motion th-at Councilman Adams made to adopt Ordinance No. 949, passed unanimously with the amendment and Ordinance No. 949 was adopted. Agenda Item No. 18 -- A public hearing on the .q.uestion of rezoning. a 15.491 acre tract to General Commercial District, a 24.196 acre t~ac~ tO General. C'ommerci~l '~ist'riCt, an'-18.7'35 acre-tra6~-t° Apartment Bu~-il-ding~.. .District and a 8.187 acre tract to Townhou.se- Rowhouse District from Si~g_l-e~a~ily. _ Residential, ...... Bistrict.. (Brazos-~ la'nd f~pPe, rti. e~s', Inc., tract southwes~ 'of _Hwy 6 'and northwest of Southwest Parkwa. y.)~ P&Z ~a-se No. ~74'34. Mayo-r-H01~t-'.6p~ened th~ public 01759 MINUTES, Regular City Council Meeting October 23, 1974 Page 6 hearing. City Planner Koehler described the location and adjoining zoned tracts. Mrs. Kramer, 1604 Dominik, asked when all the apartment building would end, as she thought that there are enough apartments in College Station. Councilman Dozier advised Mrs. Kramer that is where the demand lies, as most of College Station's population are students and they do not want single family residences, but rather apartments. Dr. Thomas Kozik spoke against more apartment zoning. Mr. Thomas Chaney spoke for the rezoning, stating that the ordinance allows 43 apartments to an acre and that the average in College Station now is 22 1/2 per acre, which is approximately one-half of what is allowed. Ms. Gloria Martinson, representing Dr. F.B. Clark and herself, discussed the rezoning, stating that as an adjacent property owner, she was not for or against the rezoning, but she was concerned about the drainage problems in that area. The public hearing was closed. Councilman Gardner pointed out several problems pertaining to this property and he stated that there are alot of unanswered questions, therefore he did not think that this property should be rezoned. A discussion was held regarding the definition of "preliminary plat". It was decided that the Council and the Planning and Zoning Commission would hold a discussion regarding the exact terms and definition of "preliminary plat". Agenda Item No. 19 -- Consideration of Ordinance No. 950, an ordi'n'ance' r~zo~i'ng certain tracts ~ land in the crawford Burnett League more pa.r_ticularly described in the body of this ordinance _from Single Famil~ Residential ~Distr~ct.,..Di.stri. ct R-lC to General Commercial, District, D~ist~i~ct~C_-l,~ t_o_apartment Building ~str~ct, District R-3, and Townhouse-Rowhouse District, District R-4 as specified in .the body of this ordinance. (Brazosland ~r.operties, Inc., tr'a6ts southwest of Hwy-~a~d n0rth~west Of Southwest Parkway). P&Z Case No. 74-34. Councilman Dale moved and Councilman Adams seconde'd that Ordinance No. 950, be adopted. Councilman Dozier moved to make an amendment to Mr. Dale's motion, which would state that the preliminary plat be considered as a pre- development plat. Councilman Dale seconded the amendment and it passed unanimous ly. The motion that Councilman Dale made to adopt Ordinance No. 950, passed with Councilman Gardner voting "no" and Councilmen Dale, Brison, Adams, Holt, Bravenec and Dozier voting "yes". Agenda Item No. 20 --Appointments to the task force for revi~e_w of-Developmenta~ ordinances ahd c°ntrolS~- Mayor Holt stated that, before the review committee could be appointed, it wo~ld'0be necessary to make appointments to other standing committees. The first committee to be appointed was the Safety Committee of which the following nominations were considered: MINUTES, Regular City Council Meeting October 23, 1974 Page 7 NAME Col. Howard F. Goldsmith William E. Beach Virgil Stover Marvin Byrd David Ruesink Fred Hopson Ann Hazen Homer Adams, Liaison POSITION Safety Engineer, Texas Highway Dept. Agriculture Engineering Dept., TAMU Traffic Engineer, TTI; Civil Eng. Dept;TAMU C.S. Police Chief Sociology Department, TAMU Supt. A&M Consolidated School System Citizen Councilman Councilman Dale moved and Councilman Gardner seconded that the above be appointed to the Safety Committee. The motion passed unanimously and the committee is so designated. Mrs. Wayne Etter asked what qualifications and positions these members held. City Manager Bardell stated each persons position. The Building Code Board of Adjustment and Appeals consisted of the following nominations: NAME Teddy Hirsch John Berrie J. W. Sorenson Paul Mason Mike James POSITION Civil Engineering, TAMU Bldg. & Utilities Head, TAMU Agriculture Engineering Dept.; TAMU Engineer & Design Dept., TAMU Civil Engineering Dept., TAMU Councilman Dale stated that it was his understanding that the Southern Building Code described qualifications of members of this board. Mayor Holt withdrew these nominations until this could be studied and a determination made. Mr. Tom Chaney, representing the Planning and Zoning Commission, stated that there were existing standing committees charged with the studies proposed for the task force, and that the existing committees should be functioning instead of appointing 20 more people to do someonelse's job. He asked that the Council delay action on the appointments until the Council and the Planning and Zoning Commission could meet with the other interested committees to discuss the problems. Councilman Dale moved and Councilman Brison seconded that action on designating this committee be delayed until the council and the Planning and Zoning Commission could set up a date for a meeting to discuss this item. The motion passed with Councilmen Gardner and Bravenec voting "no" to the delay. Agenda Item No. 21 -- Consider bids for purchase of three automobiles for the Polic~ De-partment. C'~ty Ma~nager Bardeil advised that the city took bids on two types of automobiles, the full size and the intermediate size. This was done in order to make a study on possible operating economies, as conflicting reports were received from other cities as to the economy of a smaller car. The following bids were considered: MINUTES, Regular City Council Meeting October 23, 1974 Page 8 Description Dealer Unit Price Ford Torino (4 dr) Beal-Ford Merc. $ 4378.00 Ford Custom (500) Beal-Ford Merc. 4540.00 Oldsmobile Delta 88 (4 dr) Allen Oldsmobile Dodge Coronet (4 dr) Halsell Motor Co. 4450.45 Chevrolet Malibu (4 dr) Corbusier Chev. 4619.96 Chevrolet Bel Air (4 dr) Corbusier Chev. 4709.05 Pontiac Catalina (4 dr) Calbert-Logan Inc.. 4686.13 Total Price 13,134.00 13,620.00 15,036.45 13,350.00 13,859.88 14,127.15 14,058.36 City Manager Bardell recommended the bid from Beal Ford for 2 Ford Custom 500 (4 dr) at $4540. each and one Ford Torino (4 dr) for $4378. Councilman Dozier moved and Councilman Dale seconded that the City Manager's recommendation be accepted. The motion passed unanimously. Councilman Dale asked what delivery date coule be expected'.. Mr. Bardell advised that the delivery date was 60 days. Agenda Item No. 22 -- Consider bids on Thomas Street Petition Paving. Assistan~ Directo~of Public 'works ~0'rd~reCommen'ded ~ha~ ~~ 10ne bid of Young Brothers Contractors, Inc., be accepted in the amount of $11,502.80 with 80 working days. Councilman Dale moved, Councilman Bravenec seconded that the bid of $11,502.80 be accepted. The motion carried with Councilman Dozier voting "no". Councilmen voting "yes" were Bravenec, Dale, Dozier, Brison, Adams, Holt. Agenda~ Item No. 23 -- Consider bids on South Texas Avenue area sanitary sewer ~ine~. A~s-~Sta~tt Di~re~tor 0~f PUblic W6rks Ge°~rge Ford reCommended the bid by M. Lawrence Parker in the amount of $23,585.40 with 60 working days be accepted, as opposed to Brazos Valley Utilities with 35 working days in the amount of $24,374.70. Councilman Dale moved and Councilman Brison seconded that the Mr. Ford' s recommendation of M. Lawrence Parker in the amount of $23,585.40 with 60 working days be accepted. The motion passed unanimously. Agenda Item No. 24 -- Other business. There was none. Agenda Item No. 25 -- Adjourn. AT~EST City Secretary APPROVED