The Bryan city council unanimously approves Bryan ISD’s rezoning request for the site of the district’s new transportation, maintenance, and auxiliary services center.
While there no votes against the rezoning, a council majority did not support the facility being built within 550 feet of Leonard Road near the intersection with Harvey Mitchell Parkway.
Bryan ISD school board members and administrators in attendance were told that until recently, the council majority was under the impression that the facility was going towards the rear of the property, farther away from Leonard Road.
Mayor Andrew Nelson, who seconded James Edge’s motion, said “regardless of whether we knew anything about the change (of the facility location), the train left the station and it’s that spot or it’s disruptive to the school district”.
Edge said he “reluctantly” made the motion, adding “this is a bad location”. Edge also said it was the council’s “duty to work with the school district, regardless of the fact that they don’t seem to want to work with us.”
Bobby Gutierrez said he came into the meeting planning to vote for the rezoning “simply because it is the right thing to do for the right time for right now. (It’s) the wrong thing to do for the city in general because it’s gonna have a lasting impact on what we do in development going forward. But it’s the right thing to for the school system. And we do have to put these kids first.”
Reuben Marin said he told BISD’s current and former superintendent during informal conversations that “I don’t believe this is the best location, not with the growth that we’re expecting on the west side of town.”
Prentiss Madison said “I do like the idea, and compromise, that this facility would be great on the back half of this property.”
Buppy Simank said “I will support this but I would have liked to have seen see better communication with BISD and the council”, adding “I felt like it’s not the best use of the land, but for a matter of time and getting this done I will compromise on what I think is best for the city to do what is best for the school system. Simank also said he “would like to see in the future when there are issues, I would like the school board to sit down with the council and not go to the media the way they have. That was very offensive.”
Brent Hairston was the only councilman to enthusiastically support Bryan ISD’s request, saying he was “not willing to second guess their opinion.” Hairston also said BISD “operated in good faith by compromising and being willing to move it back 550 feet total” from Leonard Road, which is “300 feet from where it was initially located.”
Hairston also said they “were on shaky legal ground to begin with”. That was the only council response to remarks made by a BISD lawyer. Attorney Ann Greenberg of Austin said “that the Texas Supreme Court has spoken more than once with great clarity in this area, indicating that in balancing legislative priorities, a city’s zoning authority must take a backseat to a school district’s power to choose the location of its facilities. While the city may regulate construction standards for facilities, it cannot decide location for a public school district.”
The council’s vote overturned a unanimous planning and zoning commission recommendation to deny the rezoning. Nelson thanked P&Z for doing “an outstanding job”, a job that the mayor said “is not to blindly rubber stamp things because we like our staff. It’s not to blindly rubber stamp things because we are friends with the applicant”.
The three hours taken on this item, which was attended by an audience that spilled outside of city council chambers, began with 40 minutes of public comments where 13 speakers expressed their support for BISD’s request. No one spoke in opposition to the rezoning request. Two others called for a resolution to the dispute. Multiple council members said they received calls, e-mails, and letters in support and in opposition.
Click below to hear comments from Bryan city council members and Bryan ISD attorney Ann Greenberg from the October 11, 2022 council meeting.
Listen to “Bryan city council "reluctantly" approves Bryan ISD rezoning request” on Spreaker.