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HomeMy WebLinkAbout08/27/1981 - Regular Minutes City Council MINUTES REGULAR CITY COUI~CIL MEETI.qG TI]URSDAS', AUGUSY 27, 1981 7:00 P.M. COUNC£I, MEHBERS t'RESENT: Mayor Halter, Counci!:;~en Ringer, Boughton, Dozi¢,r, Prmuse, Jones, Runnels COU,CIL MEiiBERS ABSENT: None CLty ?.1~:,gc.r Bard,:Il, L-it:,- ?~t t;.,._-n~..y !)'.,nt,.~, City Tax Assessor-Collector Schrocder, Asst. City M~nager/Finonc~: Director VanDever, City Engineer Ash, City Plan,~.r MaFo, Purchasing Agent Wadi. la, Fire Chief Land~a, Zonin~~, Of f ici41 Kee, Asst. Director of Planning Cal].a~ay, Community Development Planner Stevens, Asst. Planner Long]ay, Traffic Engineer Black VISITORS PRESENT: See guest register A%enda Item No. 1 - Approval of min~tes of the ;.k~rkshop City Council M,~..,tinf<, Au~ust i2, ~81 and ~'he Re.~,l.ar City Council Heetin.g, August 13, 1981. ~.. ,acilman Boughton statmd that the sixth sentence in the Angust 13, Agenda Item No. 4 was incomplete. The addition of be deleted should be added to the end of the senten~u. Councilman Runnels moved ap, royal of the minute~ as corrected. Cou.,~cilman Prause seconded the motion wl,ich passed unanimousRy. Agenda Item No. 2 - A p~blic hearing on the question of rezoning a 3.5 acre tract located on the south side of Luther Street, 1,284 feet east of the intersection of Lather qtreet and F.I~. 2818 from Sing]e FamiJv District R-1 to Apartme,t District I-5. Th.~. application is in the name of Ha. Betty A. Si~;'~on Lee. .'~:t. Director of Planning Callaw~,y presented and explained the rezoning request. He stated that the tract is located along the South Side of W. Luther Dr. appro>~imate]y 1280 feet east of the intersection of W. Luther and F.M. 2818. The tract has 184 feet frontage, 827 feet in depth. The requested rezoning would allow for a maximum of 84 dwelling units. He stated that sever'al prob].ems should ~e considered before increasing the densities. tie stated that W. Luther is not pave~] at the tine and higher traffic volumes should not be encemraged. Also, ti,ere al'e inadequate utilities in t}~is area. :<ayo~ Halter asked to hear from those in favor of the rezon~ng. ~'~s. Betty Lee ask¢,~ the council why the rezoni.~ ~n~ ¢]enied. She stated that shu w ~nformed that the city may be putt[n~ in an acce~s road and utilties. Mayor IIa]ter stated that he could not answer tl.e question because thc P&Z Commi:~:~on h~d denied the rezon~ng and nut the city council. Yhe P&Z would }Lave their o~;n rea=;onq for denial. O3306 MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 27, 1981 7:00 P.M. PAGE 2 Ms. Lee stated that if an access road and utility system is being planned, there shouldn't be any reason for denial of the rezoning. Mayor Halter stated that he did not know of any plans for a new road or utilities to be put in that area. Mr. Callaway stated that the only planned development at this time was the area to the east of this property. The responsibilities in providing acess way and utilities would lie with the developer. Ms. Lee asked if they pay for the utilities at a later date, would they be able to rezone this area. Mayor Halter stated that she may come back in six months and ask for another rezoning on this tract. Agenda Item No. 3 - Consideration of an ordinance rezonin$ the above 3.5 acre tract. Councilman Boughton moved denial of the rezoning request. Councilman Ringer seconded the motion which passed as follows: FOR: Mayor Halter, Councilmen Ringer, Boughton, Prause, Jones, Runnels AGAINST: Councilman Dozier A~enda Item No. 4 - A public hearin~ on the question of rezonin~ Lot 1, Block 2 of the Woodstock Addition; Section 1, located at 900 Harvey Road from Apartment District R-6 to Planned Commercial District C-3. The application is in the name of Thomas F. Hodge, Jr. and Stephen Coslik. Asst. Director of Planning Callaway presented and explained the rezoning request to the council. He stated that the lot is located at the N.E. Corner of the intersection of Harvey Road and Dartmouth. The lot is 200 feet deep and has 754 feet of frontage. He stated that at this time, the proposed commercial site development along Harvey Road is not in compliance with the city's plans and policies for development of that area. He also stated that there were a number of vacant C-1 sites along Harvey Road which could accomodate this development. He stated that the P&Z commission had approved the request. The city staff could not support the rezoning due to the reasons stated before. Mayor Halter asked what the potential traffic flow would be from 83 apartment units with 2 cars per apartment. Mr. Callaway stated that the Traffic Engineer had evaluated several types of develop- ments for that area and the apartment development was the lowest in traffic circulation. He stated that retail traffic would have the highest number in traffic circulation. O33O7 MINUTES REGULAR CITY COUNCIL NEETI}~G THURSDAY, AUGUS/' 27, 198]_ 7:00 P.:i. PAGE 3 Council~an Prause asked ho~ the traff'c patt~rn would function with a co:.~,.ne~-tial area besiHe a unrelated resid~:ntial area. Mr. Callaway stated that, as usual, when a buc_:Jness is located next to residential develop,nents, this leaves a ne'~ztive impa':t on t~,e resident ia! develop:,~,-~,~t. Councilmau Dozi,_~r a~:k~.d how l;,oalJ a figure on traffic, flow at 5:00 ~ ~- p~-'a., of traffic be accurate as no wi 'h gencra2ef ~.'..,:,l-e trmffiq in an area. City Engineer Ash stated that l.~r. Bla~!: l~ad used numerous traffic engineering boo'..- to arise at the figure. Mayor Halter asked to hear from those in favor of the rezoning request. Tom Hodge, president of Woodmont Corporation of Fort Worth, stated that they are a dew~.lop~nent company an~ develop shopping centers. They are asking for a C-3 zoning ~o build a snail retail shopping center. Their plan calls for 105 parking spaces ~:hi]e n R-6 develop~n.~nt wou]d require at least 189 parking spaces. He stated that C-3 de. fined as a low-traffic co-mercia! area. They l'~ad worked with the city engineer a~d traffic engineer to study a traffic pattern fm the shopping center, l!e .-tared that the small commercial business that is proposed to be buflt on this tract ~:.~uld provide bus~uesses in College Station a goo~' area ~o rel~cated a~d a desirable r~:nt : Ire:: No. 5 - Con: ~derat~; op. of an ord~',~ance rezo,ing the al,ore lot. CounciLman Dozie- ~,oved to rezone the property to C-3. Council~a.~ Eoug~,~,n seconde, d t:~.e notion %;hich passed unaaimouqly. his created ordinance No. 1314. Agenda Item No. 6 - CO~So~',T AGE:;DA: BIDS: Cm~_sideration of bids cn Electric het_-r' ~ Test Table. Consideration of bids to correct error made on bid package presented to thc council on 8-13-81. Considers[ion of bids on Lincoln Cent=r General Development. PLATS: A pre!inlnary p]."t - Wood;.,ay West, located on West Luther Street, approximately 1,000 feet west of ¥.el~o_n~ ~' -r Road. A final plat- - Resub:livision of a Portion o~ K.F.O., Phase 2. A f~nal p~at - North Park Pha~e 2. The bid.', wad plats were approx-eJ by com:,~on con~.ent. 03308 MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 27, 1981 7:00 P.M. PAGE 4 Agenda Item No. 7 - Consideration of a non-action resolution at the request of John Garner. City Attorney Denton presented and explained the resolution to the council. He stated that John Garner had bought 20 feet of additional land adjacent to his propoerty in order to receive a building permit. After completion of the house, he then resold the 20 feet of land back to the former owner. Mr. Garner asked that the council pass a resolution that states his lot is a substandard lot but that the city would not enforce the building ordinance on this lot so that a prospective buyer can get a title policy. The resolution also states that Mr. Garner will buy an additional 10 feet of property adjoining the rear of the lot. It also states that John Garner has agreed and admitted that present circumstances are in violation of the City of College Station ordinances. After further discussion, Councilman Ringer moved to pass the resolution. Councilman Runnels seconded the motion which passed as follows: FOR: Mayor Halter, Councilmen Ringer, Boughton, Prause, Jones, Runnels AGAINST: Councilman Dozier Agenda Item No. 8 - Consideration of amending Code of Ordinance concerning Building and Fire Code relating to occupancy. City Manager Bardell presented and explained the amendment of the Code of Ordinances concerning Building and Fire Code relating to occupancy. He stated that the code needs to be amended to state that a fire official is allowed to legally temporarily close down a business due to over crowding and creating a dangerous atmosphere. Mr. Bardell stated that if a business is croweded by just a few over the maximum number, that a citation would then be given. If it is dangerously overcrowded, that is when the fire official has authority to remove all people from the building. Mayor Halter asked the public for comments. Don Ganter, owner of the Dixie Chicken, stated that he would like to see the situation cleared up because it would benefit both his business and the city Sparky Hardee stated that he didn't think that one man should have the authority to close down a business. He asked the council to create a committee to review the problem before one man is authorized to close a business. Andy Leverette, of Dudley's Draw, stated that he didn't believe the ordinance was necessary. Councilman Runnels moved to pass Ordinance No. 1315 concerning amending the Fire Prevention Code. Councilman Boughton seconded the motion which passed unanimously. O33O9 MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 27, 1981 7:00 P.M. PAGE 5 Agenda Item No. 9 - Consideration of ordinance setting wrecl:er fees. City Hanager Bardell prasented and explained the ordinance to the council authorizing the council to set wrecker fees. At a later date, a resolution may be passed to set wrecker fees. I. la).o~- Halter asked to hear from the public. Sparky Hardee stated his opposition to the council setting wrecker fees. He stated his cost figures for towing and operating a towing service. He stated that he did not want the City setting fees due to the fact that his business is different from a wrecker service. He informed the council that he patrols the parking lots and different areas of the city to remove cars in fire lanes and that this cost more money to operate. After further discussion, Councilman Boughton moved to pass Ordinance No. 1316 concerning authorizing council to set wrecker fees. Counci]nan .[ones seconded the motion which passed 'unanimously. Councilman Ringer stated that a public hearing would be held before a resolution is passed and wrecker fees are se~. / ,nda. Item No. ]0 - Consideration of a ~-es~!ution prohibiting the selling of ',,oriel" ~,.i,,e to minor~.. City Attorney Denton stated that some definitions a,d substances tim' are indentifJed in the ordinance needed additional work. He stated that he will bring this back to the council i,~ 2 weeks. Mayor Halter asked to hear from the public. No one spoke. Councilman Prause stated that the ordinance needed to specify what kind of spray paints are illegal to be sold to minors. City Attorney Denton stated that the ordinance states that it is un]awful to display "model" glue on counters. This does not apply to spray paint. .Agenda Item No. 11 - ]lear visitors. Mayor Halter asked to hear from visitors. Mack Lively, Lancelot C~t-c., stated that he would like to see the city fix the intersection at Lancelot. He stated that therewas a dip in the road that has caused many dangerous accidents. He'd like to qee the pot holes fixed and evened out to prevent further erosion. 0 310 .?fINUTES REGULAR CITY COUNCIL MEETING TttURSDAY, AUGUST 27, 1981 7:00 P.M. PAGF 6 Mayor Halter stated that the city staff would look into this. Cliff Quick skated that Parks and Recreation had closed the deadline date for Girls Softball games early and he felt that the girls he coached should have the chance to play. >~ayor Halter stated that his is not a guara~tee to the softball tt:ams. He that the city staff would also look into this. City Manager Bardell stated that the Northgate area had been a major problem overcrowding. Don Ganter stated that he would like to see the problen resolved and was willi ~ to cooperate with the city. He stated that the back parking lot could be re-aspS, !ted and lighted to help the overcrowding in that area and get the students off the streets. City Manager Bardell stated that the city would look into helping the businesses provided additional area for customers. After further discussion concerning new ideas, additions, and new x.zays of counting people, the council decided to look into this project of remodeling amd financing further. Agenda Item I~o. 12 - Closed session to discuss _personnel [6252-17(.~)_]__ The co~,ncil moved to closed session to later reopen to the public. Agenda Item No. ]3 - Action on closed session. Councilman Jones moved to appoint Bill Vance as the municipal judge of College Station starting September 1, 1981 to April, 1982. Councilman Prause seconded the motion which passed unanimously witb Councilman Dozier absent. Agenda Item No. 14 - Adjonrn. >~ayor Halter adjourned the meeting. APPROVED: Cary Halter }-~¢ - 03311 PET ITI ON AUGUST 25, 1981 RE; DISREPAIR OF LANGFORD STREET AND LANCELOT CIRCLE CORNER THE CORNER LOCATED AT THE INTERSECTION OF LANGFORD STREET AND LANCELOT CIRCLE HAS BEEN IN A STATE OF DISREPAIR FOR APPROXIMATELY SEVEN YEARS, THE LOW CORNER CREATES A nBIRD-BATH# AFFECT CONSEQUENT- LY READILY ERODING THE ASPHALT, REPEATED REPAIRS BY PATCHING WITH ASPHALT HAVE PROVEN UNSATISFACTORY, BESIDES BEING UNSLIGHTLYj THE CORNER CREATES THE FOLLOHING HAZARDS: LOOSE GRAVEL MAKES BICYCLING DANGEROUSj IN PARTICULAR FOR CHILDREN GOING TO AND FROM SCHOOL ! POTHOLES HIDDEN BY WATER ARE A POTENTIAL SOURCE OF AUTOMOBILE DAMAGE AND TRAFFIC ACCIDENTS STANDING WATER BREEDS MOSQUITOES IN THE SUMMERTIME WE WOULD APPRECIATE THE CITY OF COLLEGE STATION SEEKING A PERMANENT SOLUTION TO THIS PROBLEM, 033~ i-'': AIJI3UST 25, 1981 GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 27, 1981 7:00 P.M. PLEASE SIGN BELOW: 4~ 21. 24. 9. 26. 28. 29. 30. 03312