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HomeMy WebLinkAbout08/13/1986 - Workshop Minutes City Council MINUTES CITY COUNCIL WORKSHOP MEETING WEDNESDAY, AUGUST 13, 1986 5:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: VISITORS PRESENT: Mayor Ringer, Councilman Boughton, Bond, Brown, Jones, Tongco Councilman Haddox City Manager Cole, City Attorney Locke, Director of Capital Improve- ments Ash, City Engineer Pullen, City Secretary Jones, Assistant Director of Parks and Recreation Cisneros, Council Coordinator Hooks See guest register. Mayor Ringer called the meeting to order with Councilman Haddox and Councilman Bond absent. Agenda Item No. 1 - Council Concerns. Councilman Tongco mentioned that the Load Management Program will be August 20 - September 20, and flyers are being given to residents of College Station. She stated that the Energy Committee has determined the need for a data base study to set up different programs such as energy building codes or a four star rating program; the committee will come to council with a request to have a data base study funded through the energy fund. Councilman Tongco reported that the Energy committee has directed Charlie Shear, Energy Specialist, to present a request to council for a temporary clerical position to be funded from the energy project fund. She added that the Lone Star Municipal Power Agency met Monday, July 21st, in Huntsville. Items discussed were rate increases, and that the agency has contacted other agencies for the purchase of power sources. She further noted that the Cemetery Committee had been discussing the unauthorized placing of flowers, shrubs, etc. in the cemetery. At their August meeting, Councilman Tongco presented information on rules and regulations from other city cemeteries. The committee concurred to the stricter enforcement of 905802 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, AUGUST 13, 1986 PAGE 2 regulations, and the members will compile a basic procedure to carry out this duty. Also, Tony Cisneros of the PARD is workinG with the Cemetery Committee to develop a memorial landscaping plan which will help maintain the planting of flowers and shrubs. The committee had a split decision on the proposal to fence the cemetery; half of the committee members were opposed to the idea of a security fence at this time. Councilman Tongco added that Tony Cisneros recommended the use of coated fencing for a more pleasing, aesthetic view, rather than chain-link fencing. Councilman Tongco commended Joe Ocon and Arister Brooks, employees of the College Station Public Services Department, for their achievement at the Truck Drivers Road-E-O held in Fort Worth. She also commended Elrey Ash for his success in training the 4-H Skeet and Trap Team. Councilman Boughton stated that the Mile Drive residents contacted her concerning the 25 foot utility easement and the loss of Greenery and trees buffering them from commercial development. She further stated that the residents felt they had been protected by the council's action a few years ago when the area was being rezoned. Mile Drive residents presented Councilman Boughton with a petition statinG their present concern and a request for action to be taken. She summarized the petition, which stated that the residents felt they had a 25 foot greenbelt setback; however, the filed document stated a 25 foot utility easement. She further noted that the residents are requesting that the city protect the greenbelt and also replace the trees and shrubs which have been destroyed. Councilman Boughton asked council to direct the city staff to do further research on this situation and come back to council with a proposal to help the residents. Councilman Brown inquired about status of the neighborhood park in Emerald Forest. City Attorney Cathy Locke stated that she sent an agreement to Allen Swoboda for the right-of-way placement. The agreement will allow Mr. Swoboda to locate the right-of-way within the reserve area between the dedicated park and Appomattox. City Manager Cole added that the city has cleared all obstacles. 00580,5 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, AUGUST 13, 1986 PAGE 3 Mayor Ringer noted that Church Street has a "no-left" turn onto Wellborn. He asked staff to place a sign before the intersection, to warn motorists of the situation ahead. Mayor Ringer referred to a letter from Representative Richard Smith indicating that he and his wife have donated a book to the new library and this book will be the first acquisition of the library. Aqenda Item No. 2 - City Manager Concerns. City Manager Cole reminded Council of the joint social session with the Bryan City Council on Tuesday, August 19, 1986. He also noted that the Texas Municipal League meeting will be held on October 9-11, 1986 and reservations should be made early. Mr. Cole mentioned that a bid opening will be held for fencing at the cemetery and results will be presented to Council at the August 28th meeting. Mr. Cole suggested that a special meeting of the cemetery committee be held to discuss the bids before the next council meeting. Councilman Boughton asked what type of fencing would be bid. Mr. Cole replied that the bid would be for a 6 foot standard 9 gauge cyclone fence with 3 strands of barbed wire at the top; and also an alternate bid for coated fencing. Aqenda I~em No. 3 - Consideration of a resolution calling upon the Texas House of Representatives and the Texas Senate to preserve both the State and Local Dedicated Park Funds. Assistant Director of Parks and Recreation Tony Cisneros spoke on behalf of the parks department. He explained that the state and local Dark funds are derived from 1% sales tax on cigarettes. Most of the capital improvements projects have been handled through federal funds, but these funds are no longer available. The next source for assistance is the funding from the state. The Parks and Recreation Board is asking for council support to forward the resolution on to Austin. Councilman Tongco asked what projects are covered by these funds. Mr. Cisneros replied that these funds are used for purchase and capital improvement projects in terms of construction, excluding maintenance. Councilman Tongco stated her concern that she would rather see the city send a resolution requesting that, within a certain time frame, evaluation be made of any delineations of programs, rather than proceeding now with the resolution proposed. Councilman Boughton noted that the legislature is receiving pressure from all areas and she does not feel that supporting this resolution would be detrimental to the city. 005804 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, AUGUST 13, 1986 PAGE 4 Councilman Boughton moved approval of Resolution No. 08-13-86-03 asking the State legislature to preserve state and local dedi- cated park funds for the parkland programs. Councilman Brown seconded the motion which was approved with a vote of 4-1, with Councilman Haddox and Councilman Bond absent. FOR: Mayor Ringer, Councilmen Boughton, Brown, Jones AGAINST: Councilman Tongco Agenda Item No. 4 - Consideration of a resolution supportinG the Carter Creek Flood ~lain Relocation/Reclamation Pro~ect. Michael Davis of D&S Construction presented a review of the proposed project. He described the location of the Carter Creek passageway and noted that Carter Creek is a very low slope creek which flows slowly to the Navasota River. He pointed out that effluent from the Bryan Treatment Plant flows continually through Carter Creek in College Station. The proposed improvements are to change the large flat flood plain to a channelized structure for minimum maintenance and operation. Another proposal by the developer will be to build a street through the properties extending from Hwy 30, north to Briarcrest. He stated that the channels will start at 240 feet wide and widen to 270 feet because Hwy 30 is built as an overflow structure. Councilman Tongco asked how many acres does the detention area cover. Mr. Davis replied that the detention pond is 10 acres, 8 1/2 to 10 feet deep. He further explained that the developer's intent is to make channel maintenance as easy as possible, so points of access will be needed at both ends of the channel. Councilman Tongco asked who will maintain the area. Mr. Davis pointed out that most cities perpetually maintain the drainage areas. He noted that the mowing requirements will be two or three times a year for the purpose of preserving the grass cover and weed prevention. The bottom is 1.5% slope and the sideslopes are 3 to 1 slopes. Mr. Davis pointed out that no property owners upstream or downstream of the project should be adversly affected by the rechanneling. Councilman Brown asked Mr. Davis for a time frame on the start of development on either side of the creek. Mr. Davis replied that he is trying to address the basic problems on planning the flood plain and also to cover the aspect of aesthetics. 005805 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, AUGUST 13, 1986 PAGE 5 Councilman Boughton asked for staff's feelings on this project and also questioned the $6500.00 maintenance fee required of the city each year. Councilman Brown commented that this project looks good from an aesthetic standpoint. Councilman Tongco stated that the drainage study is in progress and will be concluded within the next month, and suggested that it should be considered along with this project. Councilman Bond arrived at the meeting. City Engineer David Pullen stated that staff has reviewed this project from a technical standpoint and has no objections. In reply to Councilman Boughton's question, Mr. Pullen stated that the staff did not address the economic evaluations. He pointed out that the project is not a large project compared to state-wide projects, but is a large project for this cor~uunity. It removes a considerable amount of property from the flood plain, and, doing so will dramatically increase the land value. Mr. Pullen explained that other projects relating to floodplain modifications have been infringements upon the floodplain area. The projects are outside of the floodway portion of the flood plain. When projects relate to the relocation or infringement of the floodway, they must be sent to the Federal Emergency Management Agency for their review. This also requires a statement of community support for the project. If the project is not maintained, the flood plain will be in the same situation it is now. He stated that the resolution is written only in principle and is not accepting the project at this point; the project is not accepted as a maintenance item until it has been constructed and meets approval by the council. Councilman Tongco asked if this project is compatible with the drainage study. Mr. Pullen replied affirmatively. Councilman Brown asked if anyone is affected downstream. Mr. Pullen stated that the reports submitted from an engineering technical standpoint, indicate no change in water surface elevation above or below the project. Councilman Tongco asked for clarification of the last paragraph of the resolution. She further asked if the city will be involved in the financial aspect of the project. Mr. Pullen replied that the city will not be involved in the financial aspect, except through requests for oversized participation for the roads and waterlines, and maybe bridges. The design of the channel will handle the 100 year flood and also the standard project flood, which is a 50% increase in water flow through the channel. 005806 CITY COUNCIL WORKSHOP MEETING WEDNESDAY, AUGUST 13, 1986 PAGE 6 Councilman Bond asked if the lake in the area is being drained and filled; Mr. Pullen replied that the city is not directly involved. Councilman Bond also asked how much acreage is involved in the total project. Mr. Davis replied that all areas extending north of Hwy 60 and within the large black lines on the map presented, are under the control of the developers. Councilman Jones moved approval of Resolution No. 08-13-86-04 supporting the Carter Creek Flood Plain Relocation/Reclamation Project. Councilman BouGhton seconded the motion which was approved unan- imously, 6-0, with Councilman Haddox absent. Mayor RinGer congratulated Councilman Bond on his appointment as Vice Chancellor of LeGal Affairs. Agenda Item No. 5 - Adjourn. Mayor RinGer adjourned the meeting at 6:10 p.m. APPROVED: ATTEST: Dian Jo e~,"-City Secretary 905807 REQUEST Point of Issue: FOR August 12, 1986 CHANGE 1979 - City Council of College Station required 25-foot setback before rezoning. 1979 - "Electrical" Easement of 25-feet was filed to meet this requirement. Background: Several times prior to 1979 developers tried to rezone the land at the intersection of Texas Avenue and the East Bypass--adjacent to Mile Drive. This land originally was R-1. In January, 1979, the City Council of College Station conditioned the rezoning of this land from R-1 to AP and C-l, pending the filing of a 25-foot Setback next to the R-1 properties (Mile Drive). The basic intent was a protective, greenbelt buffer for the existing (then 14-year old) neighborhood. Mayor Bravenec required a guaranteed, legal Setback, i.e. a covenant running with the land from owner to owner, before he signed the change. In 1979 the Setback was filed and the change was made. In 1982 the land changed ownership again. This time to Mr. John Haney, et al. A copy of this easement is attached for review. During the period 1967 to 1985, this land had various owners and came before the City of College Station for change in zoning 9 005808 times, each owner having a different intent for the use of this land. In 1985, the residents of Mile Drive, thinking that the 25-foot Setback (protective, greenbelt buffer) was secure, worked with developers and contracted deed restrictions on this land for usage which would be mutually acceptable to all property owners resulting in the current zoning of AP and C-3. Current Situation: The Easement as filed gives the City of College Station the right to use the easement for "electrical distribution" only. The owners retain the right to "utilize and enjoy" the property so long as there is no interference with the electrical distribution. In other words, the owners can cut, trim, and remove vegetation, including paving right up to the property line. We do not believe that this was the intent of the City Council in 1979. Already two large (15-foot and 25-foot) sections have been cut through and cleared right up to the backyard property lines of residential homes on Mile Drive, destroying the Setback. One was an electrical connection. The other was a sewage/water connection. 005809 As things stand now, concrete alley ways with dumpsters, parking lots, roadways, utilities, etc. can be put right up to our property lines so long as they do not interfere with electrical distribution and buildings or permanent structures are not constructed on the right-of-way easement. This leaves the residents of Mile Drive with no protection. Legally change the 25-foot Setback to protect against destroying the vegetation and provide a protective buffer between the (now 20-year old) existing neighborhood and the AP zoning, thus complying with the City of College Station Council's intent in 1979. Replant trees and vegetation which have been removed. SEE ATTACHED SIGNED PETITION BY ALL RESIDENTS OF MILE DRIVE. O05810 PETITIO~ FOR CHA~GE 00581 005812 157972 THE STATE OF TEXAS * COUNTY OF BRAZES * That RAY Il. CRISWELL, JR., TRUSTEE, of the County of Brazes, State Texas, for and in consideration oF One anti No/lO0 ($1.00) Dollars and other ~uod .~nd v.ilu~btu c~nslder.~Cton~ in h,md p.~ltl, th~t.s herehy i~r,.1L ,1nd convey t~ Ctcy of College Station, a municipal corporation d~ly orRanLzed and existing under ;1~1tl by vlrtue of :he ¢onstlt.t~on of Lhu ~t,lt~' o[ 'l'ex,l~. ,m easemunt rt§ht-of-~ay for an electric altair[he:ion .md ovt, rl~end wir£nl:, over, .pon, across. in, :h~ouRh and under the [o[~t)~lng described re,il pr{,pt'rty sittt,mted in Station, Texas, to Being a 0.68 acre tract or parcel oF ],qnd lyin): and hein): situated tn Lhe Horgan Rec~oc Lu:mgue, Colic. itu ~taL[t)~), Br.m~os Co~mnty, Tox,is and being a p~rL[on o[ l'~o 3.5~3 dcr~, Lr,~t'C~ conw. w,d Lo R,ly E. Crls~c, ll, Jr,, TrusLut,, hy C, lt. H,~n~t[n~:, Jr., Tr~,stcu, hy deed ruct~rded in Volume 351, Page ~13 of the Deed Records of Br.~zos Cotmty, T~,xas and beLn~l more parclculcmr]y described hy mc. tea ,ind hmmds as ~(;INNING nC an Jr~n rod lying in :ho m~rthea~L of Texas Avenue said Iron rod also hera): the 5o~m:h ~'(,rner nf R~ork 2 of the Bornnd~ne gst,itt,~ S.hdl~i~t(,m~ .is ~h~vn (~n Plat reeordc, d tn VoLume 26R, Pagt, 75 oF the Deed Rucortl~ nf RK,}/~ Cc,unLy, T~'xa~. TIIENCI: N 42040~24'' g ~[ch oho so~lthen~ lin(, of the aforesaid /~ernad~ne ESCaLu~ for ,~ dEar.race z~f 118t).83 ft.c,t to an ir,~n rod for Ilit~h~ay No, 6 East lly-Pa~a; TIIENGE S 0[048~36'' E alon~: the n[ort,~.~id ~m~th~ost far a di~cnnce of 35.68 feet to a point [~r corner; ~IIENC~ S 62040'24'' W across the n~orosald rye 3.563 acre tracts for a distance of 1164.09 fee~ co a point for a corner, said point also lying on the aforesaid northe:~st right-o~-vay linc of Texas Aven.e; TIIENCE N 67058'24'' W along the ahove-sahl northeast line of T.,xas Avenue Cot n dl~t,mce of 25.~0 I.et t~ the PI.ACI: nnd con:ainlnR 0.68 acres o[ [,md. more [~r Ics~. resurvtnR, ho~ever, to the undersigned, hl~ heirs and assigns, the right to utilize nnd en3oy Lha above-descrthed premises providing: the same shall not InterFere ~th the construction, m,~l.ten,mcu, rep,miring:, inspection, .and oper,~- Lion oF said electric dtstrtbtmCIon and overhead w~rin~, prnvIdini[ ftmrthor Cite Granger shall not erect or p]nce any htmJ[dJn~t or permanent ~tructure on the above-described r£ght-of-~ay. SIGNI:D nnd I)EL1VI:IiP. I) tills la.day or February , 1g. 7.9 , ,?.._ RA'Y J. CRISNI.:,.L, JR., TRUSTEE,, 005813 THE STATE OF TEXAS COUNTY OF BRAZOS BEFORE HE, the undersigned authority, on this day personally appeared RAY B. CRISWELL, JR., TRUSTEE, known to me :o be tile person whose name Is subuccibed to the foregoing instrument, and acknowledRed to me that he executed the same as [tis [cee ac: and deed for the purposes and conaide£ation therein expressed. GIVEN UNDER HY HAND AND SEAL OF OFF[CE this ,~'~. ~c;l'~ ~ f u ."79 6', , ,' ),'~t"x~' Ny Commission Expires: 1st daf of February NOTARY PUBLIC in and BRAZOS COUNTY, TEXAS Decemhe? 9. !980 00,5814 ~ WHEREAS, the City of College Station, Texas, has historically se ~ ~. a high priority on development of a multi-purpose parks system .... ~(~ designed to be the touchstone of life in this-City~ and, ~ ~ WHEREAS, the College Station Parks System has become the heart "'~ the community and the source of civic pride, and, as such, a center of activity for residents of all ages, including thousand~ of students at Texas A and M University; and, WHEREAS, the unique diversity of public need in College Station has been answered by positive and worthwhile programs of vital benefit generated through the Parks System; and, because the local parks have become symbolic of our quality of life, they represent us to others and especially provide an attraction to visitors from across the state and nation, and to high technol~ industry seeking a location; and, WHEREAS, this level of achievement of the early goals set by the College Station Parks System was made possible by utilization of matching federal funds administered by the Texas Parks and Wild- life Department, and adequate continuation of parks development depends upon the receipt of financial assistance in the future; a WHEREAS, local governments, who no longer have access to federal grants for parks, rely upon the State of Texas and call upon its elected leaders to recognize with their foresight the adverse effects that loss of these important programs will have upon Texas communities. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, THAT the status of parkland in this city and throughout the State of Texas has significant impact upon the welfare of the people, and the maintenance of parkland programs is of crucial importance and THAT this Council call upon the Texas House of Representatives and the Texas Senate to preserve both the State and Local Dedicated Park Funds during its work to balance the state budget. PASSED and APPROVED this 13th day of August, 1986. ATTEST: Jone ~C. yty Secretary APPROVED: ~or 005815 RESOLUTION NO. 08-13-86-04 .... A RESOLUTION EXPRESSING COMMUNITY SUPPORT FOR A FLOODPLAIN RECLAMATION PROJECT RELOCATING AND RECHANNELIZING CARTER CREEK FROM THE CITY LIMITS OF COLLEGE STATION AT THE NORTH END OF THE PROJECT TO STATE HIGHWAY 30 ON THE SOUTH END OF THE PROJECT. WHEREAS, on the 13th day of August 1986 the City Council met in special session and heard the presentation of this project by the developer; and WHEREAS, the proposed project will benefit the area by reducing the probability of flooding along the improved section of Carter Creek; and WHEREAS, the developer intends to construct this project and secure all permits and letters using private funds; and WHEREAS, the developer intends to construct the project in accordance with all local state national regulations, plans and specifications approved by the City Engineer and other appropriate agencies; and WHEREAS, the City Engineer or his designate will observe the project during the construction to assure its conformity to the same; NOW, THEREFORE, BE IT RESOLVED that the City of College Station supports this project in principle and intends to operate and maintain the facility when completed in accordance with all requirements and after appropriate right-of-way and easements have been dedicated to the public, and after the Federal Emergency Management Agency has issued a letter of map revision thereby, approving the completed project. PASSED, APPROVED, AND ADOPTED THIS 1986. 13th day of August ATTEST: Dian dones,~f~]~ Secretary APPROVED: ~or 905816 GUEST REGISTER WORKSHOP CITY COUNCIL MEETING Wednesday, August 13, 1986 18. 19. e 20. 21. 22. e 23. 24. Se 25. '. 9. 26. 10. 27. 11. 28. 12. 29. 13. 30. 14. 31. 15. 32. 16. 33. 17. 34. · 005817