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HomeMy WebLinkAbout07/28/1969 - Regular Minutes - City CouncilMINUTES OF REGULAR COUNCIL MEETING CITY OF COLLEGE STATION COLLEGE STATION, TEXAS July 28, 1969 Members Present: Mayor D. A. Anderson; Councilmen 0. M. Holt, Dan R. Davis, Joseph J. McGraw, Bill J. Cooley, and James H. Dozier; Assistant City Attorney Tom Giesenschlag; City Manager Ran Boswell; and City Secretary Lynda Swoveland; Lee Roy George, City Planner; Lloyd James, City Engineer Members Absent: Councilman C. H. Ransdell Councilman McGraw had to leave the meeting at 7:15 P.M. Visitors Present: James A. Bond, Henry L. Williams, John Botsford, James A. Collier, James R. Gardner, Thomas L. Fields, Linda Z Fields, Mrs. Thomas L. Fields, Mrs. Daniel C. Pfannstiel, Mrs. C. S. Van Doren, Ruby Gough, Charles Brown, C. F. Hall, Mrs. C. F. Hall, B. Douglas Stone, Carlton S. Van Doren, W M. B. Phillips, J. A. Carpenter, W. B. Thomas, Vernon Files, W___ Kathryn A. Files, Teddy J. Hirsch, Mary Jane Hirsch, R. G. LdMerrifield, C. D. Wells, A. J. Caporina, J. W. Wood, CL B. R. Craig, Bill Blessing, Herman Brown, Stewart McConnell, Clara L. Sandstedt, David K. Chester, Karl S. Patton, Alton Risinger, John Denison, Stephen Riter, W. M. Sackett, D. E. McCrory, Richard L. Patrick, Gladys Krenek Patrick, E. C. Bashaw, Kate Thomas and North Bardell The Mayor called the meeting to order at 7:00 p.m. in the Council Room of the City of College Station, Texas. Mayor Anderson explained to the citizens present the notice of Policy, which was handed out before the Council meeting. He advised that such procedure would be adhered to by the Council and that the cooperation of all citizens would be appreciated. The Mayor explained that visitors would be heard at the opening of the Council meeting relative to agenda items, not during council consideration of them, and they would be given a chance to speak during called public hearings. He further stated that visitors would again be heard at the close of the meeting relative to any item they wished to discuss that did not appear on the agenda. The Mayor then called for comments by any citizen who wished to speak regarding any agenda items. Mr. James Bond, an attorney (Navasota, Texas), stated that he represented a group of people who resided on Glade Street and that he wished to speak in behalf of these people in regard to Glade East Preliminary Subdivision Plat. Mr. Bond stated that these people had bought homes in Glade under the impression that all the area was for single family residences only. Mr. Bond questioned the validity of Ordinance No. 383 since Blacks /+ and 5 which are referred to in said ordinance do not appear as numbered as such on the master plat. He stated that he had done research regarding the Glade addition by going to the Brazos County Courthouse and checking in Deed Records. He stated that he �✓ did not find Block 4 or Block 5 listed in the Deed Records on the master plat r 01172 LLj0 for Glade Subdivision. He quoted a section from Vernon's Annotated Statutes regarding the filing of plats with the County Clerk. He also stated that the people were concerned with drainage in the area since Bee Creek had become such a problem relative to flooding property in that area. He showed pictures of flooding in this area during the heavy rains experienced in April of this year. He stated that he felt higher density would only create more problems in the area. He, therefore, urged the Council to exercise their authority bw� not approving this plat since there was a question of the validity of the ordinance zoning the area for apartments. Mr. Buford Craig who resides at 1212 Glade and who is developer and owner of the Glade East preliminary plat in question approached the Council and asked if Mr. Bond would give his address to comply with the policy adopted by the Council. Mr. Bond stated that he resided at 118A Farquahr in Navasota. Mr. Craig also stated that he would like to have the names of the property owners on Glade who were opposing the plat. Mr. Bond listed them as follows: T. J. Hirsch, B. Douglas Stone, Jr., Herman Brown, David K. Chester, William M. Sackett, Shirley Pfannstiel, R. G. Gough, Stephen Riter, L. E. Stark, Rommon Lawson, Thomas L. Fields, C. S. Van Doren, B. I. Ingram, Lyle McQueen, and Norman Singleton. Mr. Douglas Stone of 1305 Glade Street approached the Council and asked that Mr. Craig give the president of his BCS Investment Corporation which he was unwilling to do at the recent Planning and Zoning Meeting. Mr. Craig stated that he was the principal stockholder and president. Mrs. Clara Sandsted� asked if Agenda Items No. 9 and 10 would be acted upon, which called for a public hearing with respect to rezoning a 19.748 acre tract of land in the Richard Carter League from District No. 1, First Dwelling House District to District No. 4, First Business District. The Mayor stated that the request had been temporarily withdrawn. On motion by Councilman Dozier, seconded by Councilman Holt, the Minutes of the June 23, 1969 council meeting were recommended for approval. Motion carried. Mayor Anderson stated that Councilman Ransdell had asked to have an excused absence from the Council meeting due to obligations he could not release. He asked for approval of the Council. The Mayor asked that it be recorded in the Minutes that such approval was given. On motion by Councilman Holt, seconded by Councilman McGraw, a Resolution authorizing filing of application with the Department of Agriculture, United States of America, through the Soil Conservation Service, for assistance in planning and carrying out Works of Improvement under the Watershed Protection and Flood Prevention Act, Public Law No. 566, was adopted. The Resolution is made a part of the Minutes of this meeting, as follows: Resolution authorizing filing of application with the Department of Agriculture, United States of America, through the Soil Conservation Service, for assistance in planning and carrying out Works of Improvement under the Watershed Protection and Flood Prevention Act, Public Law No. 566. i 0 W W W CL 0 0 X WHEREAS, pursuant to P.L. 566, the United States of America has authorized the making of Federal assistance to public bodies to aid in financing the plans and carrying out the Works of Improvement under the Watershed Protection and Flood Prevention Act, Public Law No. 566: NOTAT, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL: 1. That D. A. Anderson, Mayor, be, and he is hereby authorized to execute and file an application for the City of College Station with the United States Department of Agriculture, United States Government, through the Soil Conservation Service, for an application for Federal assistance under the Watershed Protection and Flood Prevention Act in preparing and carrying out plans for Works of Improvement under the Watershed Protection and Flood Prevention Act, P.L. 566, and an assurance of compliance with the Civil Rights Act of 1964 and the regulations of the Secretary of Agriculture (7 C.F.R. Sec. 15.1 - 15.2). 2. That D. A. Anderson, Mayor, be, and is hereby authorized and directed to furnish such information as the Department of Agriculture may reasonably request in connection with the application which is herein authorized to be filed. Councilman Holt moved that the following Resolution be adopted, authorizing the City Manager to file an application for Workable Program Certification with the Department of Housing and Urban Development. RESOLUTION A Resolution authorizing the City Manager of the City of College Station, Texas to file an application for Workable Program Certification with the Department of Housing and Urban Development as provided by Section 101 of the Housing Act of 1949 as amended. WHEREAS, pursuant to Section 101 of the Housing Act of 1949 as amended authorizing cities to apply for a Workable Program Certification: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: 1. That the City Manager, Ran Boswell, of the City of College Station, Texas be and is hereby authorized to execute and file an application for Workable Program Certification with the Department of Housing and Urban Development, United States Government. 2. That the City Manager, Ran Boswell, be and he is hereby authorized and directed to furnish such information as the Department of Housing and Urban Development may resonably request in connection with the application which is hereby authorized to be filed. PASSED AND APPROVED this 28th day of July, 1969. Motion was seconded by Councilman Davis. Motion carried. Mayor Anderson called on City Engineer Lloyd James to give a progress report on Bee Creek engineering survey. Mr. James stated that the Council OILIL 4 ,� had instructed him to do an engineering study of Bee Creek and to provide interim relief. He reported that the design will be done by the Cityls engineering department. Construction of the project will be done by the Heavy Equipment E ui ment School. James stated that hopefully, the ultimate solution would be through the Soil Conservation Service who will work with the city and the Texas Highway Department. He stated that at present, construction easements were needed from property owners in the area and were presently being acquired. He stated also that construction for interim relief would begin in 2 or 3 weeks. John Denison briefed the Council regarding the Electric Rate Study he made last summer on two local chruches at off-peak and on -peak times. Mr. Denison stated that the bills may be reduced, subject to council 4'1 approval, by putting in a special type meter, which the individual requesting the meter would have to pay for himself. This would be applicable not only to churches, but any large user of electricity. He stated that the cost of the special meter would probably run $300 to $500 roughly. Councilman Dozier moved that the recommendation of Mr. Denison with respect to this matter be approved, such to be attached as a rider on rate structure. Motion was seconded by Councilman Cooley. Motion carried. The Mayor called a public hearing on the question of rezoning a 33.6$ W acre tract in the Morgan Rector League from District No. 1, First Dwelling V) House District to District No. 3, Apartment House District. The Council W directed questions to Mr. George, City Planner, as to the area in question. W There were no comments from citizens in the audience regarding this zoning " question. C The Council expressed concern with drainage problems in the area as well as the access to the property. Councilman Cooley stated that possibly the Council could grant conditional zoning. The Assistant City Attorney stated that he was not reasonably sure that conditional zoning was completely legal. After much discussion, Councilman Holt moved that the request be deferred until a new boundary could be described in the Ordinance which would indicate only that portion within the city limits and that the request should go back through the Planning and Zoning Commission. It was further stated that the drainage easements and road access should be shown on re -submittal plat referred to the Planning and Zoning Commission. Motion was seconded by Councilman Davis. Motion carried. Mayor Anderson stated that the public hearing on the question of rezoning a 19.748 acre tract of land in the Richard Carter League from District No. 1, First Dwelling House District to District No. /+, First Business District, had been temporarily withdrawn. He stated that there was a question as to the ownership of the tract in question as platted. _ City Planner Lee Roy George explained that the request was not properly described because it included some property which did not belong to the owner. Councilman Dozier made a motion at this point that every,individual submitting a zoning request to either the Planning and Zoning Commission or Council be made to submit a form showing that he is the true record (` ) title holder or has the power of attorney, otherwise the zoning request will not be acceptable. Councilman Holt seconded the motion. Motion carried. Councilman Dozier noted the City Planner Lee Roy George had drafted up a form for this purpose and he felt it was a good form and should be used. Councilman Dozier said that although the request for rezoning this 19.748 acre tract of land was withdrawn, he felt the people who represented property owners in that area should be heard. Mayor Anderson pointed out that property owners affected by zoning were not properly advised in advance and that the city must do so in future instances. Col. Files of 1/x.02 Dominik opposed the rezoning in this area and stated that he wished to go on record as such. He does not want Dominik opened up at the cul de sac without being given the chance to oppose it. Mrs. Clara Sandstedt of 1600 Dominik stated that the people out in that area did not buy the land behind them as a buffer zone but so that they could have a larger back yard area. She also stated that Dr. H. 0. Hartley would be the speaker for the group at such time one was needed to oppose any zoning request. Mayor"Anderson called a public hearing on the question of rezoning a 21.2 acre tract of land in the Crawford Burnett League, a part of the a � D. E. McCrory 40 -acre tract, from District No. 1, First Dwelling House District to District No. 4, First Business District. City Planner Lee Roy George pointed out the plat in question on a map and stated that there were several areas that could be considered a problem because of lack of drainage easements. Jessie Buffington of 709 North Avenue in Bryan, representing A&M Church of Christ, stated that the Church of Christ had bought property adjoining the tract in question and would like to go on record as opposing it as being made commercial. Also, Mr. J. D. McCrady of 511 Olive in Bryan who was representing the Building Committee for the A&M Church of Christ stated that he was against this commercial zoning. D. E. McCrory, owner of the tract in question, stated that there were some very high points of land on either side of the creek and only a limited portion of the creek was subject to flooding. He stated he was thinking of hiring an engineer to study the possibility of filling the creek in. He stated that he had owned the property for the past 10 years and that the A&M Church of Christ had only recently purchased the property for a building site. After considerable discussion, the Mayor declared the public hearing closed. After considerable discussion among the council regarding the McCrory tract in question, Councilman Holt moved that the rezoning request be referred back to the Planning and Zoning Commission with the recommendation that consideration be given to zoning only the easterly portion of the proposed plat and that the necessary drainage easements and future roadways be worked out. Motion was seconded by Councilman Davis. Motion carried. Councilmen Cooley and Dozier both voted no. Councilman Dozier asked his "no" be recorded as without bias. The Mayor stated that a special meeting would be called with regard to the McCrory tract in order to write an ordinance and advertise for a public hearing. Mr. Boswell will draft the ordinance. The bid tabulation for street improvements on Grove, Harrington, Gilchrist and Nagle was considered. The bids were as follows: Young Brothers Construction Company B -W Construction Company $73,160.62 (175 days) 66$,536.36 (90 days) crushed limestone base crushed limestone base Alternate A $69,681.61 $699/11.51 Councilman Dozier moved that the base bid of B -W Construction Company be approved for $68,836.36. Motion was seconded by Councilman Davis. Motion carried. Councilman Dozier moved for the adoption of Ordinance No. 640, an ordinance determining to assess a part of the cost of improving portions of Grove Street, Harrington Avenue, Gilchrist Avenue and Nagle Street in College Station against abutting property and the owners thereof, adopting Engineer's rolls, providing for notice of hearing and declaring an emergency. Motion was seconded by Councilman Holt. Motion carried. The Council considered the Glade East Preliminary Subdivision Plat. There was considerable discussion amoung council members regarding this plat. The Mayor read the recommendation of the Parks and Recreation Committee at their July 10 meeting with respect to 'a park along Bee Creek for their consideration. The Mayor also called for the legal opinion of the city attorney relative to the status of current zoning in the area. Mr. Giesenschlag pointed out that at present, there is no zoning issue involved in regard to the plat under consideration by the council. It is just a question of approving or disapproving the plat. He did state, however, that as far as the question of zoning in the area, he would have to research that quite thoroughly and he had already spent some time on it but had not been able to come up with anything concrete. Councilman Dozier asked Mr. Bond to quote the Statute he had read from which was Article 974.a, Section 2, which he did. After considerable discussion amoung Mr. Craig, Mr. Bond and the Council, Councilman Dozier moved for approval of the preliminary subdivision plat for Glade East. Motion was seconded by Councilman Cooley. It was pointed out to the developer, however, that the City wanted him to be aware of the fact of the invalidity of Ordinance No. 383. Mr. George, City Planner, then read the recommendations the Planning and Zoning Commission had stipulated in passing the plat on to the Council. Councilman Dozier then withdrew his motion and Councilman Cooley withdrew his second and Councilman Dozier c/ moved that the preliminary plat of Glade East Subdivision be approved with the recommendations of the Planning and Zoning Commission, which are: (a) Street dedication easement for turn -around. (b) Naming of street for cul-de-sac. (c) Lot re -numbering with each correctly identified. (d) Necessary drainage and utility easements be worked out on plat. Councilman Cooley seconded the motion. Motion carried. Mr. E. K. Winkler appeared before the Council to discuss the Holiday Mobile Home Plat and related matters. Mr. Codie Wells, chairman of Planning and Zoning, stated that Mr. Winkler had appeared before the Planning and Zoning Commission but that they had referred him to the Council, since his property was not in the city limits. He presented a letter to the City Secretary asking for annexation. After much discussion, the Council was in agreement that it was not their problem since Mr. Winklerfs park would not be located in the City limits. They suggested that he go to Wellborn and try and get water from them. The Council said they would be agreeable to sell water to Wellborn to meet his specific needs. Councilman Holt agreed to discuss the matter with Wellborn Water Supply. The matter of financing city park property was discussed. Councilman Cooley stated he felt the Council should charge people when they come in to apply for a building permit and set aside this extra money in a separate fund toward the purchase of a park. However, the City Attorney gave the opinion that this would be illegal. Most of the Council preferred that the developer be made responsible for providing such needs. Some of the Councilmen were in agreement that the land previously discussed for a sanitary land fill might be suitable place for a park. Jim Gardner, 1306 Walton Drive, appeared before the Council and stated his opinion regarding the policy which was given out at the beginning of the Council Meeting. Mr. Gardner stated that he was intimidated by the notice and felt it did not give people a chance to become directly involved in city affairs. The Council pointed out to Mr. Gardner that the policy was not intended for the :purpose of keeping people from expressing themselves. It was merely for the purpose of hearing visitors at the time set aside for Agenda Item discussion and hearing them again at the end of the meeting for items not on the Agenda. On motion by Councilman Cooley, seconded by Councilman Davis, the meeting was adjourned, subject to call. APPROVED: Mayor ATTEST: 4ciySecretary c