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HomeMy WebLinkAbout06/09/1983 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 1983 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Reinke, Runnels, Boughton, McIlhaney COUNCIL MEMBERS ABSENT: Councilmen Prause, Anderson STAFF PRESENT: City Manager Bardell, Asst. City Manager/Finance Director VanDever, City Planner Mayo, Asst. City Attorney Locke, City Secretary Jones, Deputy City Secretary/Council Coordinator Martin, Asst. Parks and Recreation Director Czimskey, Purchasing Agent McCartney, Tax Assessor-Collector Dickson, Community Center Director Calliham, City Engineer Pullen, Asst. Director of Planning Callaway, Director of Capital Improvements Ash VISITORS PRESENT: See guest register. Mayor Halter signed a proclamation recognizing the JayCees for their outstanding programs for the handicapped youth. Agenda Item No. 1 - Approval of the minutes of the Sp~qial city council ~eting, May 19, 1983, the Wq~shop City Council Meeting, May 25, 1983 and t_h_~ Regular CitY Council Meeting, May 26, 1983. Councilman Reinke pointed out that she was not listed on roster of the minutes of the May 19th meeting. Councilman Boughton stated that the word "included" used in the minutes of May 19th and May 25th should be changed to "explained" and "stated"; and, in the minutes of May 25th, the word "grated" should be "graded". She also stated that on Item No. 9, paragraph 2, of the minutes of the May 26t~ meeting that the word "brochure" should be changed to "proposals". Councilman Boughton moved approval of the minutes with the above corrections. Councilman Runnels seconded the motion which passed unanimously. Mayor Halter asked if the council had any objections to discussing Item No. 12 next. There were no objections. Agenda Item No. 12. Discussion of alternate financing for Wastewater Treatment Plant. Mr. Arnold Darrow, President of Whalen Corporation, presented the item. He stated that Whalen Corporation has successful experience in "private sector funding" of capital improvements for municipalities. He presented an 003927 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 1983 PAGE 2 economic analysis for the City of College Station for construction of a Waste Water Treatment Plan with private sector funding versus using bond funds or E.P.A. grants. He estimated the project construction would be 1.15 years with an estimated use of 20 years through privatization. He presented an annual cost comparison with 3 options included in the private sector funding. He stated that the advantages for using private sector investments are that the city's bonding indebtness is not affected, bond covenants are not included when figuring the user rates, and there is also no reserve to keep. Mayor Halter stated that bonds were approved in the last election for expanding the existing sewage treatment plant. He asked if those bonds could be transfered and used in another area of sewer needs and reduce the magnitude of the upcoming bond election. Director of Capital Improvements Ash replied that a transfer depends on how the bond covenants were written. Asst. City Manager/Finance Director VanDever stated that he thought that those bonds could be used for other sewer needs. After further discussion regarding the existing sewage treatment plant, City Manager Bardell stated that he would like to review these figures in more detail with the Finance Director and Mr. Darrow in more detail. Mayor Halter stated that the council with discuss this item in 2 weeks after a recommendation is made. Mayor Halter announced that Item No. 10 concerning the Hotel/Motel Tax Fund would not be discussed at this meeting and is postponed until June 23, 1983. Agenda Item No. 2. Public hearing on the question of_~ezgning 4.084 acres of land ~n W6odway west Ii Subdivision located south of and adjacent to Luther Street aqd_approximately 219.17 feet south of Luther Street from Single Family Residential District R-lA to Apartments Low Density District R-4. Application is in the name of Building Crafts, Inc. (~2-108) Asst. Director of Planning Callaway presented the item. He stated that the area is located on the south side of West Luther, East of and adjacent to I & G N railroad right-of-way (Woodway West). The existing land use is reported as "predominantly vacant". Some warehousing, industrial uses, and residential property surrounds the tract. Access to this tract will be made in the near future. The comprehensive plan reflects the areas as Medium Density Residential with Industrial uses to the east. The request complies with the proposed plan and is compatible with area zoning. Approval of the request is recommended. Mayor Halter opened the public hearing. 003928 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 1983 PAGE 3 Joe Blaschke, of Walton and Associates, spoke in favor of the rezoning. stated that he would answer any questions regarding this request. He When no one else spoke, the public hearing was closed. Agenda Item No. 3 - Consideration of an Ordinance rezoning the above tract. Councilman Reinke asked about the sewer constraints and what effect this rezoning would have. City Engineer Pullen replied that the question would be hard to answer because the city is hoping to upgrade the sewer lines downstream which would allow more density in this sewer line. He stated that the proposed Capital Improvements Projects include money to rehabilitate the downstream sewer. Also, the project will probably be built in phases, and constraints may be placed on separate phases as necessary. Councilman Runnels asked what the road construction schedule of Holleman Drive is, because this project will create more traffic on Holleman Drive and Luther St. Mayor Halter stated that Marion Pugh Drive, which is in that area, is almost completed. A request has been received from the owners of Treehouse Apartments about the possibility of extending Marion Pugh Drive another 480 feet. Councilman Boughton asked how long it will take to acquire the railroad right-of-way for the additional crossing. Mayor Halter stated that obtaining the right-of-way could possibly take awhile if the city has to condemn the area. After further discussion, Councilman Runnels moved approval of Ordinance No. 1424 rezoning the above tract. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 4 - Public hearing on the question of rezoning Lot 31, 32, and the south or southwest 25 feet of Lot 30 Block 9 West Park Addition from Single Family Residential District R-1 to Administrative-Professional 6istrie{ A-P. Application is in the name of Marie C. Lyles and Eugene D. ~les, Jr. (83-109) Asst. Director of Planning Callaway presented the item. He stated that the area is located at 101 Grove and the northeast corner of Grove and F.M. 2154 intersection. He stated that the existing land uses include low density residential, church, and industrial. The comprehensive plan reflects the area as low density residential with Commercial at Jersey and Luther. He stated that A-P zoning is considered to be compatible with residential uses and is often used as a buffer. He stated that th~ staff 003929 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 1983 PAGE 4 is unable to support this request but the Planning and Zoning Commission recommended approval of this request. Mayor Halter opened the public hearing and asked to hear from those in favor of the rezoning. Cathy Lyles, one of the applicants, stated that she proposes to construct a building for jazzercise classes and she is currently using the church building across the street. Councilman Runnels stated that when a rezoning request is made, the applicant is asked to show proof of how land uses have changed in the area and why the existing use is no longer valid. Eugune Lyles, applicant, stated that the lot has been vacant for 10 years and will probably not be developed as R-1. The lot is surrounded by commercial, heavy industrial, and high density apartments. The lot would create a buffer between the above surroundings and the existing residential area. The traffic in the area and the widening of Wellborn road would also cause the lot not to develop as R-1. He showed the council a site plan showing the largest building that could possibly be built there and how it would also be compatible with the surrounding area. He stated that parking needs can be limited by allowing a maximum of students per class. He indicated that this development could provide additional parking for the church owning the adjoining property. Mayor Halter indicated that the council received a letter from Dr. Greta Fryxell and Rev. Alfred Judd of the adjacent church in regards to this rezoning of this property. He asked if there were representatives of the church present. Mary Bryan, representing Unitarian Fellowship Church, stated that the church is concerned about the parking problems that exist there now. She stated that Mrs. Lyles informed the P&Z Commission that she had 12 to 15 students currently in her class and that this number will increase when the students come back to school in the fall. This will cause students to park either in the church parking lot or on a residential street. Mayor Halter asked how many parking spaces the church currently has. Mrs. Bryan replied that she was not sure of the number but usually cars park in the alley. Mayor Halter asked why additional parking was not required when the church expanded their building. City Planner Mayo replied that parking for a church is based on seating capacity of the main congregational hall, and the addition was classrooms. Mrs. Bryan stated that she was concerned with Mr. Lyles using the alley in 003930 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 1983 PAGE 5 which they park as an access road. Mayor Halter asked Mrs. Bryan what type of development should be built at the location. Mrs. Bryan replied that the objection is not to the zoning category but to the parking problems it will create. She stated that when the church is using their building and the dance studio is conducting a class, there will be parking problems. Mrs. Lyles stated that the reason for building the studio is so that she can offer more classes throughout the day and reduce the number of students per class. She can also limit a maximum number of students per class. Mrs. Bryan stated that the church would like to make the alley one-way. A survey by Spencer Buchanan and Associates shows the alley to be located on the church's property. Mayor Halter replied that the alleyway could possibly be owned entirely by the church. He asked Mr. Lyles if he could meet with the church to work out a site plan that was acceptable. Mr. Lyles replied that they have a proposed site plan where access to the parking lot is taken only from Grove Street or the alley with all parking in the front of the building. He stated that the studio will require all students to park on their property. Mayor Halter asked Mr. Lyles if he had any objections to all access coming from Grove Street. Mr. Lyles replied that he had no problem with access coming from Grove Street. Mrs. Bryan stated that this would solve the church's problems with this development. ~enda Item No. 5 - Consideration of an Ordinance rezoning the above tract. Councilman Runnels asked the staff if they had a schedule for re-studying the area and land use proposal; which they had indicated was necessary before the staff could support the request. Asst. Director of Planning Callaway replied that the P&Z Commission discussed the possibility of re-studying the area before the proposed Plan 2000 is approved. Councilman Boughton stated that she does not believe that this tract will ever develop as single family residential. ~fter further discussion regarding proposed use of this property, 0'03931 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 1983 PAGE 6 Councilman Boughton moved approval of Ordinance No. 1425 rezoning the tract with a stipulation that access to the property be taken only from Grove Street. Councilman Runnels seconded the motion. Councilman Reinke stated that a plan for this area should be created so future problems with development will not occur. The motion was approved by the following vote: FOR: Mayor Halter, Councilmen Boughton, McIlhaney AGAINST: Councilmen Runnels, Reinke Agenda Item No. 6 - Public hearing on the question of amending section I-D, Definitions and the District Use Schedule - Table A of Ordinance No. 850, the Zoning Ordinance for the City of College Station, revising definitions of and setbacks for accessgry uses and structures in residential districts. Asst. Director of Planning Callaway presented the item. He stated that this amendment would provide for revisions in the definition of setback requirements for accessory uses, structures, and buildings and alleviate problems in determining if building permit applications and variance requests meet certain types of accessory structures or uses by definition. He stated that the proposed definition has been reviewed by the City Attorney and has been revised to incorporate his comments. The second purpose of this proposed ordinance is to amend the zoning ordinance to add that a minimum rear setback of 15 feet is required for accessory buildings or structures located on lots where rear access is provided. Setbacks shall be measured from the nearest boundary of the access easement or public alley. Councilman Boughton asked if this amendment would alleviate problems with second residences being built over garages, etc. in a residential zone. Asst. Director of Planning Callaway replied that this regulation will provide proper inspection of buildings with second residences. Mayor Halter opened the public hearing. hearing was closed. When no one spoke, the public Agenda Item No. 7 - Consideration of an Ordinance amending Section I-D, Definitions and the District Use Schedule - Table A of Ordinance No. 850. Councilman Boughton moved approval of Ordinance No. 1426 amending Ordinance No. 850. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 8 - CONSENT AGENDA: PLATS: Final plat - The Glade Section 11 (83-216) 003932 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 1983 PAGE 7 Final plat - Windwood Phase 4 (83-217) Final plat - A replat of Lots 21 and 22 Block 2 Harvey Hillsides (ETJ) (83-218) Preliminary plat - Harvey Road East Subdivision (83-306) Councilman Runnels asked that the final plat of the Glade Section 11 be removed. Ail other plats were approved by common consent. City Planner Mayo presented the plat. He stated that the final plat is identical to the previously approved preliminary plat which includes the extension of Laura Lane. Councilman Runnels asked if anything further was considered regarding the access easement agreement in that area. City Planner Mayo replied that there has been no information but that it is a private access easement. Councilman Boughton asked if the high curb built in the parking lot of the school would affect drainage in the area. City Planner Mayo replied that the developers would have to show how drainage will flow in the area before any construction occurs. City Engineer Pullen stated the developer will have to show a grade plan for drainage. Councilman Runnels moved approval of the final plat of the Glade Section 11. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 9 - Consideration of__autho~iz~o~ to contract engineering services. Asst. Parks and Recreation Director Czimskey presented the item. He stated that the request is for authorization to enter into a contract with a qualified engineer for the Southwood Athletic Park Pool. The Parks and Recreation Department recommends that the engineering firm of Riewe and Wischmeyer, Inc. be retained to provide professional engineering service for the new pool facility. The estimated budget for the proposed pool is $300,000.00. Construction of the pool is to begin this fall with the facility to be completed by May 1984. 003933 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 1983 PAGE 8 After further discussion, Councilman Runnels moved to authorize the Parks and Recreation Department to enter into a contract with Riewe and Wischmeyer, Inc. for engineering services for a new pool facility. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 10 - Consideration of approval of Decision Packages for Hotel/Motel Tax Fund. Mayor Halter announced that this item has been postponed. Agenda Item No. 11 - Consideration of an Ordinance proposing and submitting amendments to the City Charter. Asst. City Attorney Locke reviewed the wording in each proposed amendment in the ordinance relating to the City Charter. Mayor Halter summarized the proposed amendments and discussed the reasons for the needed changes. The council asked various questions regarding the wording. Councilman Reinke asked why the changes were indentical in Section 74 and Section 144. Asst. City Attorney Locke replied that Section 74 states the City can do what the State Law allows in regards to selling public real property. Section 144 is a more practical aspect of how the city can sell or lease land. Asst. City Attorney Locke stated that she would try and contact the City Attorney regarding Section 74 and Section 144. The council can consider the ordinance after closed session. Jim Gardner stated that the Charter indicates under the "City Council" section that "before a candidate is elected, they must receive 34% of the vote". He stated that it should read "at least 34% of the vote". Mayor Halter stated that it must be a typographical error because it was changed when the Charter was last revised. He suggested that the staff check the ordinance where the council approved the last revisions. Mayor Halter indicated that every qualified voter in College Station will receive a copy of the Charter revision ordinance with an explanation sheet attached. Mayor Halter stated that Asst. City Attorney Locke will try and contact the City Attorney and the council will return to this item later. Agenda Item No. 13 - Hear visitors. 003934 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 9, 1983 PAGE 9 No one spoke. Agenda Item No. 14 - Closed session to discuss pendiq~ litigation [6252-17(e)] and personnel [6252-17(~)]. The council moved to closed session and later reopened to the public. Agenda Item No. 15 - Action on closed session. Councilman Boughton moved approval of Ordinance No. 1427 relating to the Charter revisions. Councilman Runnels seconded the motion. City Manager Bardell asked the council if they would like to revise Section 3, Article 18 and add the words "at least" before "34% of the votes" in three places in the Charter. Councilman Boughton amended her motion to include the above amendment to the proposed ordinance. This additional proposed amendment to the City Charter will create 22 propositions before the voters on August 13, 1983. Councilman Runnels seconded the amended motion which passed unanimously. Agenda Item No. 16 - Ad_~journ. Mayor Halter adjourned the meeting. ATTEST: Dian Jones, ~ Secreta~ APPROVED :/ G~ry~-~al~; %4~AyoF 003935 GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY~ JUNE 9~ 1983 7:00 P.M. 10. 11. PLEASE SIGN BELOW° . · 5~~ 21. 6. 22. 28. 29, 30. 31. 32.. 003936