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HomeMy WebLinkAbout11/12/1981 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Ringer, Boughton, Dozier, Prause, Jones, Student Government Liaison Herring COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Asst. City Manager/Finance Director VanDever, City Engineer Ash, City Planner Mayo, City Secretary/Tax Assessor-Collector Schroeder, Purchasing Agent Weddle, Asst. City Engineer Smith, Assistant Director of Planning Calloway, Zoning Inspector ~ee, Parks and Recreation Director Beachy, Asst. Parks and Recreation Director Czimskey, City Attorney Denton, Customer Service Representative Jones, Parks Planner Mendez, Community Development Planner Stephens VISITORS PRESENT: See guest register. Agenda Item No. 1 - Signin~ of proclamation for American Cancer Society. Mayor Halter signed a proclamation for the American Cancer Society proclaiming November 19th "American Smoke Out Day". A~enda Item No. 2 - Approval of minutes of the Workshop City Council Meeting, October 21, 1981 and the Regular City Council Meeting, October 22, 1981. Councilman Runnels moved to approve the minutes as read. Councilman Prause seconded the motion which passed unanimously. Agenda Item No. 3 - Reconsideration of rezoning a 22.3 acre tract located south of and adjacent to Southwest Parkway and 600 feet west of the East Bypass from Single Family District R-1 to Apartment District R-4. The application is in the name of Mr. Ron Cruse. Asst. Director of P!anpin% Ca!loway presented and explained the rezoning request. He stated that on April 23, 1981, the city council tabled this rezoning request for a further study of the overall area. He stated that the commission established a committee consisting of the city staff, area residents, and the applicants, to review this request and to formulate a recommendation for zoning the area along both sides of Southwest Parkway. The applicant has proposed an R-5 zoning with a 268' buffer consisting of one lot depth of R-3 zoning and one lot depth of R-iA zoning. The commission agreed that this was acceptable. The applicant has also proposed that a portion of this tract be rezoned to C-N and a portion along the northeast side be rezoned to A-P. The staff recommendation to the commission and council is for approval of apartment zoning with the proposed buffer of R-3 and R-iA. The C-N and A-P portions should be considered ps a separate request since there was not a public hearing on this request. Councilman Prause asked why the application was for R-4. MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PAGE 2 Asst. Director of Planning Calloway stated that the R-4 zoning was the actual request. After study of the area, the committee is recommending R-5. Mr. Ron Cruse, of Brothers Blvd. and the owner of the property, stated that the A-P and C-N zoning was recommended by the committee although there were still some reserva- tions concerning the A-P zone. He stated that he would like to have the two tracts rezoned to A-P and C-N. He asked the council to rezone the tract as R-5, R-3, and R-iA. Gerald Miller, 2313 Auburn Ct., stated that he felt the entire area, north and south of Southwest Parkway, should be considered before this rezoning request is taken from the table. Agenda Item No. 4 - Consideration of an ordinance rezonin~ the above tract of land. Councilman Dozier asked if the R-3 zoning on the north side of Southwest Parkway had been approved. Mayor Halter stated that the R-3 zoning is now being requested by another applicant. The tract is still R-1. Councilman Runnels asked City Planner Mayo if anything would be gained if the council tabled this item until the adjacent tract was rezoned. City Planner Mayo stated that the P&Z Commission would like to see a decision made on this tract so that they can see how the council feels about R-5 zoning in this area. Council~n Runnels asked Mr. Mayo to explain why the recommendation of R-5 rather than R-4. City Planner Mayo stated that R-4 zoning has come to be known as a four-plex zone, which is not what it was designed for. The city staff would like to see R-5 zoning encouraged so that apartment projects would be designed with greater flexibility and circulation patterns. Ron Cruse asked how the council felt about the C-N and A-P zoning on this tract. Councilman Dozier stated that he could see where a C-N zone would be needed if the tract to the east does not develop as C-1. He stated that this area should be considered at the same time. Councilman Ringer asked Jim Behling, chairman of the P&Z Commission, if he could estimate when the P&Z Commission could have a recommendation for the entire area. P&Z Chairman Behling stated that they could have a recommendation by the next meeting. Councilman Ringer moved to table this request until the December 10th meeting so that P&Z could reach a decision for a recommendation on the entire area. Councilman Runnels seconded the motion which passed unanimously. MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PAGE 3 Agenda Item No. 5 - Consideration of final plat of Woodson Village, 5th installment, Section 2. City Planner Mayo presented and explained the item to the council. He stated that the original plat was submitted in the mid 60's with 17 dwelling lots. The current plat shows 25 dwelling lots. He stated that the flood plain did run along the back of this tract. Mayor Halter asked to hear from those in favor of this plat. Don Garrett, Engineer and Surveyor on this project, stated that all lots but one exceed the minimum requirements for R-1 zoning. Ail lots will have building sites out of the flood plain. He stated that building houses on these lots will help to minimize the flooding problem since homeowners would probably remove the debris and brush. He said the city did not currently have a drainage easement because the area is not platted. He stated that he was informed by the water and sewer department that this plat would not have an adverse effect on this area. Councilman Dozier asked if there would be any additional sewer construction in this area. Mr. Garrett stated that the sewer department would be tying onto the existing system. Mayor Halter asked to hear from those opposed to the plat. Eillen Kuvlesky, 804 Hawthorne, stated that the drainage problems should be taken care of before any type of development occurs. Duane Cote stated that he felt that the area was a prime location for housing. Considering the way lots were laid out and the fact that some of the lots appeared to be below the flood plain, he did not see this plat as being acceptable. He stated that if the streets were paved in that area, it would limit the amount of land able to absorb rainfall. Mayor Halter stated that the paved streets in that area would provide additional drainage. L.M. Reed, 802 Pershing, stated that the water drains north to Thomas St. due to the slope of the land. He stated that residents living on Pershing and Thomas should not be vulnerable to any additional water if this development occurs. He stated that Thomas St. floods heavily during a rainstorm and is very dangerous. This tract of land has the ability to absorb water and run off at a slower rate after a rainstorm. He stated that the city should be responsible for flood damages that will occur in the area if this becomes a subdivision. He recommended that the council table this plat un- til the problems on drainage could be alleviated. Garland Cannon, 805 Hawthorne, stated that he had witnessed several dangerous occurences in which the high waters could have caused serious accidents. He felt that this development will cause considerable flooding in the area. He said that they had had sewer backups during high waters, walls in their houses ruined, and carpet soaked. He asked the council to object to this plat or to table it indefinitely. MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PAGE 4 Charles Boyd, 910 Pershing, stated that he had lived in the area 18 years. He had slides of the area during a flood in which he volunteered to show the council. He recommended that the tract be developed as the original 17 dwellings. He also asked the council to table the plat until the drainage and sewer problems are corrected. Russell Yates, 904 Pershing, stated that he felt that permission should come from the residents of that neighborhood before any changes are made. Lynn Nemec, representing College Station Association of Neighborhoods, stated that she supported the neighborhood residents in their requests because the flooding could be hazardous to their homes. Don Garrett asked Mr. Reed and Mr. Cannon if they had checked the plans for the drainage that had been proposed in the area. Mr. Cannon stated that they had not seen any plans but was told by the developers that water would flow down the extension of Hawthorne St. onto Thomas St. Bobble Freebairn stated that she already has problems with water in her yard when it rains due to part of her property being in the flood plain. She stated that more water in her yard will eventually ruin it. Mayor Halter explained that when property lies in the flood plain, eventually the yard will flood. Mr. Cannon asked if the City Engineer will be proposing any additional major trunk lines for the sewer system or attaching to the present system. Mayor Halter stated that some additional lines would be tied into the present system. Mayor Halter asked City Engineer Ash to address the council on sewerage capacity and infiltration. City Engineer Ash stated that on this 6 acre site, any development will have to be attached to existing trunk line. He explained how the system will connect to reach the sewer plant. He stated that until the city can find out where the problem of infiltration in the line is taking place and correct it, there will be additional problems adding 25 homes to the present system. He stated that the city started an infiltration study in September and chose 22 locations for measurement equipment to be place in the manholes, and the plan was to look at the flow depth and find those manholes in which the flow during a rainfall was increasing twice the normal depth. The manhole, which is located in Bee Creek Park, that serves this area did indicate a doubling flow. The city will have to re-study the area and find where the manhold which was monitored takes in a large drainage area. The study involves looking at a large area and reducing it to a smaller area until you find out where the problems are. Joanna Thames, 705 Pershing, stated that she has lived in this area 21 years. She stated that if houses are to be built in that area, they should be built to conform with the houses that have already been built there. She feels that this could depreciate the value of the existing homes. MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PAGE 5 Councilman Dozier moved to table the plat for reconsideration later. He recommended an increase in the size of the lots and decreasing the number. He stated his reasons for this is to protect the residents who live in that area from both the sewage problem and flood problem. He felt the city should not increase the sewage and flooding problems more than necessary. Councilman Prause seconded the motion adding an amendment that the staff report on the infiltration study, looking at such factors as cost, amount, and time. The motion was voted on and carried as follows: FOR: Councilmen Dozier, Prause, Runnels, Boughton AGAINST: Mayor Halter, Councilmen Ringer, Jones Mr. Garrett stated that he was informed by the City Planner that to send the plat back to change the lot sizes would involve filing a new plat and sending it back to P&Z. Councilman Dozier moved to remove the Woodson Village plat from the table and open it for discussion. Councilman Boughton seconded the motion which passed unanimously. Councilman Dozier moved to deny the plat and send it back to P&Z for revisions. The motion died for lack of a second. Councilman Jones moved to approve the plat with the stipulation that sewage and infil- tration problems be taken care of prior to development and issuance of building permits. Councilman Boughton seconded the motion. Councilman Dozier asked who would be inspecting the area to decide if a building permit should be issued. Mayor Halter stated that the City Engineer would be. Councilman Dozier stated that this could leave him liable for a personal lawsuit if flooding occured and caused damages. City Attorney Denton stated that the City Engineer could recommend to the city council that a permit be issued. The City Council would then make a final decision. Mr. Cannon stated that he felt the lot sizes should still be increased since many indivi- duals were for the 17 lots on this 6 acres instead of 25. He stated that he felt the city should guarantee that there will be no damages in flooding if the plat is approved. Mayor Halter stated that the city should not be held liable for damages if the plat is approved if the neighborhood did not want to be held liable for damages if the plat was denied. MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PAGE 6 Bill Kuvlesky stated that he felt the item could be resolved if the plat is re- studied. Councilman Jones stated that he would like to change his motion and table the item and bring it back on the agenda at the next meeting. He stated that the infiltration study and compromision between the developer and neighborhood be clarified before this date. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 6 - Consideration of site plan for Westinghouse. City Planner Mayo presented and explained the site plan to the council. He stated that P&Z Commission approved the site plan. The city staff is also in favor of site plan be- cause of many reasons. He stated that Westinghouse representativeshave~omplied with the site. The Westinghouse site plan shows heavy landscaping as a buffer. Councilman Runnels asked if the runoff water will be exiting through the Southeast corner of the site and entering an existing stream. If this occurs, can the stream carry the runoff adequately. City Planner Mayo stated that the City Engineer had discussed this with the Westinghouse architects and Engineers and was told the stream would carry the water. Ron Moore, project manager for Bernard Johnson Architects and Westinghouse, presented a model floor plan of the plant office. He stated that the plan consisted of a stress management facility that will be used by the employees of Westinghouse. This will in- clude raquetball courts, exercise areas, showers, and lockers. He also explained the office area, cafeteria, computer room, conference room, and production area. Agenda Item No. 7 - CONSENT AGENDA: BIDS: Consideration of bid on Concert Pavillion. PLATS: A final plat - Stewart's Meadow A final plat - Vacating and Resubdivision of Lots 1,2, & 3; Block D, College Heights Addition. A preliminary plat - Treehouse Place. A master preliminary plat - Woodcreek Addition. Councilman Ringer asked that the concert pavillion bids be removed from the Consent Agenda. Councilman Runnels asked that the master preliminary plat for Woodcreek Addition be removed. Councilman Ringer asked that the preliminary plat for Treehouse Place he removed. Ail other plats were approved by common consent. ~INUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PAGE 7 CONCERT PAVILLION BIDS City Engineer Ash presented the concert pavillion bid tabulation to the council. He stated that the base bid was $118,300.00. Alternate 1 was $6,100.00 for pre-cast pavers. Alternate 2 was $7,500.00 for pre-cast panels. Alternate 3 was for $7,900.00 for additional lighting apparatus. This makes the total bid, base bid plus alternates, $139,800.00. The bid was submitted by R.B. Butler and was the only bid received. Councilman Dozier asked what the proposed cost of the project was. Mayor Halter stated that the proposed cost of the pavillion was $70,000.00. Asst. City Manager/Finance Director VanDever explained the budget of the Hotel/Motel Tax Fund. He stated that they could utilize $20,000.00 from Zone 3 Parkland Dedication Funds and borrow $145,000 at 11% interest with a 10 year amortization schedule. He estimated that the total cost with utilities and contingency to be $165,000.00. He stated that FY 82-83 Hotel/Motel Tax revenues will be approximately $300,000.00. Expen- ditures will be $287,550.00. This leaves an unappropriated balance of $12,450.00 which he felt would be inadequate. Jody Bates, Arts Council, stated that the project seemed to have grown immersely since the beginning. She would like to look at it again without any additions to the basic structure. Duane Cote, architect for the pavillion, explained the materials that were to be used in the pavillion. He stated that he would like to complete this project even if the additional areas were deleted. After further discussion, Councilman Jones moved to delay action on this item. He requested that the architect and bidder look at the situation and see what they can construct for the original estimated amount of $80,000.00. Councilmah Boughton seconded the motion which passed unanimously. TREEHOUSE PLACE City Planner Mayo stated that the Treehouse Place plat is a plat re-subdividing the recently rezoned R-5 area into 4-plex lots. The staff recommended that rear access be required. Councilman Ringer moved to approve the plat with staff recommendations for rear access. Councilman Runnels seconded the motion. Mr. Bill Fitch stated that the water will run off this 10 acres and be drained to the 5 foot pipe under Longmire Drive. Because of the drainage situation, rear access would not be possible. After further discussion, the motion was voted on and denied as follows: MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PAGE 8 FOR: Councilman Ringer, Runnels AGAINST: Mayor Halter, Councilmen Dozier, Boughton, Prause, Jones Councilman Dozier moved to approve the plat as submitted. Councilman Jones seconded the motion which was denied as follows: FOR: Mayor Halter, Councilman Dozier AGAINST: Councilman Ringer, Runnels Councilman Prause, Jones, and Boughton abstained from the vote. Councilman Ringer moved to table this plat and ask the staff to provide for more information. Councilman Boughton seconded the motion which passed as follows: FOR: Councilmen Ringer, Boughton, Prause, Runnels AGAINST: Mayor Halter, Councilmen Dozier, Jones WOODCREEK ADDITION Councilman Runnels asked what would happen if a larger development is built behind Foxfire on the Woodcreek-Faulkner extension. He asked if the Woodcreek Drive would be adequate to handle increased traffic. Mr. Mayo stated that the City Staff did not see the need to extend Faulkner anymore than it was now. There seems to be very little developable area behind Foxfire. This will limit the traffic in that area. Eddie Schultz stated that they had talked to some of the people living on Faulkner concerning changing the name of their street to Woodcreek Drive. They were not opposed to this. After further discussion, Councilman Dozier moved to approve the preliminary plat. Councilman Boughton oeconded the motion which passed unanimously with Councilman Jones abstaining from the vote. Agenda Item No. 8 - Consideration of bids of Certificate of Obligation for purchase of motor srader. Asst. City Manager/Finance Director VanDever stated that the city sought bids on August 13, 1981 for the purchase of a motor grader which will cost $91,380.00. The city also sent out for bids for certificate of obligation to purchase this motor grader. The finance department recommends that the city accept the bid from College Station Bank at 54% of the Prime Rate equals a bid of 9.45%. Councilman Dozier moved to accept the bid of College Station Bank at 9.45%. 033?7 MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PAGE 9 Councilman Ringer seconded the motion which passed unanimously. A~enda Item No. 9 - Consideration of an ordinance on the issuance of Certificate of Obligation for purchase of motor ~rader. City Attorney Denton presented and explained the Certificate of Obligation ordinance to the council including the effective interest rates. Councilman Dozier moved to approve Ordinance No. 1327. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 10 - Consideration of cancellation of certain delinquent tax accounts. Councilman Dozier moved to authorize the Tax Assessor-Collector to cancel certain delinquent tax accounts. Councilman Boughton seconded the motion which passed as follows: FOR: Councilmen Ringer, Boughton, Dozier, Prause, Jones, Runnels AGAINST: Mayor Halter Agenda Item No. 11 - Consideration of a resolution on the casting of votes for candidates in Brazos County Appraisal District Board of Directors election. Councilman Ringer moved to adopt Resolution No. 11-12-81-11 which cast all of College Station's 325 votes for Jim Dozier. Councilman Dozier seconded the motion which passed unanimously. Agenda Item No. 12 - Consideration of bids on Poplar, MacArthur, and Community Center Parkin~ lot. City Engineer Ash presented and explained the bids on these paving projects to the council. Councilman Ringer moved to accept the bid of Young Brothers, Inc. for $80,961.00 as recommended by city staff. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 13 - Consideration of an ordinance determining to assess a part of the cost of improving MacArthur and Poplar Streets in the City of College Station, Texas, against abutting property and the owner's thereof; adoptin~ Engineer's rolls; providing for notice of hearing. Tax Assessor-Collector Schroeder presented and explained the ordinance to the council. He stated that the ordinance assesses the abutting property owners on Poplar and Mac- Arthur Streets for 1/3 of the cost for street improvements. MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PAGE 10 City Engineer Ash stated that these improvements on both MacArthur and Poplar Streets were petitioned and at the time contained the $12.00 per front foot figure assessment. He stated that the cost of the improvements have risen to about $16.00 per front footage. The council will decide on what figure is to be set in the assessment. Tax Assessor-Collector Schroeder stated that the city policy has been that individuals will be assessed 1/3 of the total cost of a project. The actual figure per front foot had been stated in the past at $12.00 per front foot. He stated that the policy should simply state an assessment of one-third of the cost of paving project. Councilman Jones moved to pass Ordinance No. 1328 and assess property owners 1/3 of the cost of improvements. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 14 - Discussion of curb and gutter improvements at 1218 Lancelot. City Engineer Ash stated that the staff has looked at the problem on 1218 Lancelot with the curb and gutters. He stated that there has been considerable amount of damage to the road during rainstorms. He stated that the problem is that the water does not run off. To correct the situation, they would have to remove 230 linear feet of curb and gutter and replace it. He also stated that they would have to rework ¼ of the street adjacent to the new curb and gutter. They would replace the valley gutter at the intersection of Lancelot and Langford. Total cost of the project is estimated at $8,537.00. Mayor Halter asked Mr. Ash if it was possible to contact Young Brothers, Inc. on this since they were the ones who made the original error. City Engineer Ash stated that he had not contacted Young Brothers, Inc. but will do so since the city awarded Young Brothers, Inc. the paving of Poplar, MacArthur, and the Community Center parking lot. He will try to see if the city could get some reduc- tions on the cost of this project. All councilmembers agreed to this. Agenda Item No. 15 - Hear visitors. No one spoke. Agenda Item No. 16 - Closed session to discuss land acquisitions [6252-17(f)]. The council moved to closed session and later reopened to the public. Agenda Item No. 17 - Action on closed session. There was no action taken. Agenda Item No. 18 - Adjourn. Mayor Halter adjourned the meeting at 11:35 p.m. 033", 3 MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PAGE 11 APPROVED: G~ry Halt~ MaYB'r- ATTEST: ~ary GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 12, 1981 7:00 P.M. PLEASE SIGN BELOW.' ~. ~~ ~ o,-,, - .'7-L:'~-- - ,,.'°'