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HomeMy WebLinkAbout08/25/1969 - Regular Minutes - City CouncilMINUTES CITY COUNCIL REGULAR MEETING CITY OF COLLEGE STATION, TEXAS August 25, 1969 Members Present: Mayor Pro tem O. M. Holt; Councilmen B. J Cooley, Dan R. Davis, C H Ransdell, James H. Dozier, and Joseph J. McGraw; City Manager Ran Boswell; City Attorney Don Dillon; City Secretary Lynda Swoveland; City Planner Lee Roy George; and City Engineer Lloyd James Members Absent: Mayor D. A. Anderson; and Assistant City Attorney Tom Giesenschlag Visitors Present: Ray E. Abbott, Robert C. Runnels, C. F. Hall, L. M. Hovorak, E. R. Morrell, John R. Cope, Jerry Caddy, Paul R. Nash, Douglas Stone, Bobby G. Johnson, C. D. Wells, J. Allen, Jack M. Threadgill, Don Adam, Francis J. Gough, Herman Brown, and C.S. Van Doren Mayor Pro tem Holt called the Council meeting to order at 7:00 p.m. in the Council Chamber of the City of College Station, Texas. On motion by Councilman Dozier, it was recommended that the Minutes of July 28, August 1 and August 7, 1969 council meetings be approved as written. The motion was seconded by Councilman McGraw. Motion carried. Mayor Pro tem Holt stated that Mayor Anderson was out of town on business and asked that he be officially excused from this meeting. He stated that he would like to inform citizens in the audience that this was the first meeting Mayor Anderson had missed since he took office as Mayor, with the exception of the time of his hospital confinement. Mayor Pro tem Holt then briefly explained the items to be considered on the Agenda for the purpose of acquainting the citizens in the audience in some detail with the items to be considered. Mayor Pro tem Holt then opened the floor for discussion of Agenda items by citizens. Douglas Stone of 1305 Glade, spoke regarding Agenda Item No. 8, which was to "consider revision of Ordinance No. 38". He stated that he was very concerned with the status of Ordinance No. 38, as well as Ordinance No. 210. He quoted a letter which was written to the Bryan Eagle Editorial section by a former city council member, Mr. R. R. Rhodes. He recommended the following measures be considered by the Council in regard to the revision of Ordinance No. 38: Minutes of Regular Council Meeting August 25, 1969 Page 2 1. Provide more ample notice of meetings. 2. Provide that no person be appointed to the Planning and Zoning Commission who has any interest in development or sale of land in the City so that there would be no "conflict of interest". 3. Provide a development of a Master Plan in the City of College Station. 4. Set up a list of criteria to be considered by the Planning and Zoning Commission in approving preliminary plats which might include such things as consideration of the likelihood of water run-off, overcrowding present schools, and traffic conditions. 5. Have developers build better quality streets and sidewalks in new subdivisions. 6. Have developers set aside part of their land for parks, open spaces, etc. Mr. Herman Brown of 1209 Glade, stated that he wished to speak relative to Agenda Item 8, "revision of Ordinance No. 38" and Agenda Item 19, "workshop meeting date on Planning and Zoning philosophy". He stated that he was very concerned as a citizen on Glade Street with the zoning and subdivision regulations that now exist. He then read a letter addressed to the Mayor and City Council from property owners on Glade Street which he asked the Council to receive and make a part of the official Minutes of this meeting. This letter is labeled as "ATTACHMENT A" to these Minutes. Mr. Jim Gardner, a member of the Planning and Zoning Commission, addressed the Council relative to the revision of Ordinance No. 38. He asked whether or not the Council was going to consider the latest draft of the zoning ordinance which was sent out by Mr. Wells, Chairman of the Planning and Zoning Commission. He stated that he would like to have an opportunity to express his opinions regarding the ordinance to the Council, since he might not be given the opportunity later. Mayor Pro tem Holt stated that he wished to point out that the Council did not intend to consider the entire revision at this meeting but that they wanted to set a date so that the Council and Planning and Zoning Commission could get together and work on the ordinance and include all the revisions. Councilman Dozier told Mr. Gardner that he wished to say that he felt he was wrong about not having an opportunity to talk to the Council. He said that he felt he had had plenty of opportunities in the past and had not taken advantage of them. Mr. Bobby G. Johnson of 1000 Harrington inquired about the recent publi- cation of Ordinance No. 640. He stated thatthe roll needed to be changed to show him as owner and not Wesley Stevens of Block 5, Lot 5, 6, College Hills Estates, and that the footage should be 180.0 feet and not 185. 0 as shown on the ordinance. Councilman McGraw asked whether the Council should possibly consider meeting twice a month, due to the length of the Agenda at each monthly meeting. Councilman Holt stated that since this topic was not on the Agenda and since there was a lot of business to be transacted at this meeting, he felt his suggestion should be put on for council discussion at a later meeting. lq5 Minutes of Regular Council Meeting August 25, 1969 Page 3 Mr. Don Adam, representative from Community Cablevision, then gave a brief presentation to the Council regarding CATV franchise, which was to be con- sidered on the Agenda as Item No. 9. There were some questions from Councilmen directed to Mr. Adam regarding pole rental, etc. The floor discussion was then closed by Mayor Pro tem Holt. Councilman Dozier moved that the City Council authorize the City Manager to advertise for bids for houses along University Drive extension as they become available. Motion was seconded by Councilman McGraw. Motion carried. Mayor Pro tem Holt explained that regarding Committee appointments, he would like Council concurrence that this item be deferred until the Mayor could be present to explain some of his recommendations. The Council was in agreement on this. The next item for consideration on the Agenda was the plan for the extension of Holleman Drive from Glade Street to Winding Road. Lee Roy George, City Planner, explained this situation to the Council for David Mayo, who represented Woodson Lumber Company in the matter. There was considerable discussion among council members and Mr. Mayo and Mr. George regarding the extension. Henry Alsmeyer, Jr. of 1207 Orr stated that he would be happy to talk to the people in the area and try and set a meeting date for property owners in that area to meet with the Council to try and work out a solution regarding the extension of this street. Councilman McGraw moved that Ordinance No. 646, an abbreviated Fire Code for the City of College Station, be adopted with amendments to include additional sections covering false alarms, tents, fireworks and disposal of dangerous or hazardous materials. Motion was seconded by Councilman Ransdell. Motion carried. Mayor Pro tem Holt asked for a date to be set between City Council and the Planning and Zoning Commission to consider the revision of Ordinance No. 38. At this same date, the philosophy between Planning and Zoning Commission and Council will be discussed. Councilman Dozier stated that he felt possibly a citizen's committee could be appointed to work on this ordinance in depth. He asked for concurrence of the Planning and Zoning members present at this meeting; Jim O'Brien said he thought it was a good idea; Mr. Wells stated that a lot of discussion and work had been done on Ordinances 38 and 210 and he felt they were ready to begin work; Mr. Gardner stated that he thought the committee idea was excellent but he hoped it would not be an Independent -type committee. Some of the Council members felt that since the ordinance revision had gone as far as it had, that it would be best to leave the completion of it up to the Council and the Planning and Zoning members. It was pointed out, however, that the citizens would be given a chance to be heard at the public hearing. After con- siderable discussion, September 3 at 7:00 p.m. was set for a joint meeting between Planning and Zoning and the City Council .,<;. ej a Minutes of Regular Council Meeting August 25, 1969 Page 4 The next item on the Agenda was the consideration of Ordinance No. 593, which was to be considered for the third reading and which would grant a franchise to Community Cablevision. There was considerable discussion among councilmen and questions were directed from the councilmen to Mr. Adam, who is the represen- tative for Community Cablevision. Mr. Morrell of Midwest Video spoke to the Council and asked them to consider that Midwest Video had made a lot of improvements in their equipment. He stated that he did not know any cities in Texas who had two cable systems operating successfully. Councilman Ransdell stated that his position was that he felt the city should not grant the franchise because of the possibility that someday the city might want to use a duplex system instead of a simplex system. After a great deal of discussion, Councilman Ransdell moved that the third reading be denied in light of the need for further study of a duplex system but to give Midwest Video an official warning. Motion failed for lack of a second. Councilman Dozier moved that the third reading of Ordinance No. 593 be tabled until brought up again by majority vote of the Council. Councilman McGraw seconded the motion. Motion carried. Councilman Ransdell voted no. Mayor Pro tem Holt stated that the County Food Program had been adopted in the form of Food Stamps rather than Commodity Program. There was some dis- cussion among councilmen regarding this topic. Mayor Pro tem Holt then moved to Agenda Item 18, which was a communication from Ruble Langston, President of Hanover Modular Homes, Inc., concerning the use of PVC (polyvinyl chloride) internal plumbing in modular homes. Mr. Pulaski, Chairman of the Plumbing Appeals and Advisory Board, stated that the Board had met and after studying a lot of lab -type data which had been submitted to them sometime ago and recent data as well. The Board recommended that this type of pipe not be allowed to be used in these modular homes. He stated that any savings in construction could be eaten up with repairs. Councilman McGraw moved that the request from Mr. Langston for use of PVC internal plumbing in modular homes be denied, based upon the decision of the Plumbing Appeals and Advisory Board. Councilman Ransdell seconded the motion. Motion carried. Mayor Pro tem Holt called a public hearing on the question of rezoning an 11. 9 acre tract in the Crawford Burnett League in Brazos County, Texas from District No. 1, First Dwelling House District to District No. 4-A, Neighborhood Business District. City Planner Lee Roy George explained to the Council the events regarding this public hearing. There were no comments from citizens. Mayor Pro tem Holt then closed the public hearing. Minutes of Regular Council Meeting August 25, 1969 Page 5 Councilman Ransdell moved that Ordinance No. 643, an ordinance rezoning an 11.9 acre tract of land in the Crawford Burnett League in Brazos County, Texas from District No. 1, First Dwelling House District to District No. 4-A, Neighborhood Business District, be adopted, with the stipulation that necessary drainage easements be obtained and worked out by the sub -divider's engineer and approved by the City Engineer. Motion was seconded by Councilman McGraw. Motion carried. Mayor Pro tem Holt opened the public hearing on the question of rezoning a 23. 2 acre tract and a 0.29 acre tract in the Morgan Rector League, Abstract #46 in the Richards Subdivision, from District No. 1, First Dwelling House District to District No. 3, Apartment House District. It was noted that the description of 33. 63 acres listed on the Agenda was incorrect. Ferdinand Kaska, Texas A&M University and Gary Holter questioned apartment zoning in the area since there were so many apartments located there at the present time. Mr. Douglas Stone stated that he wondered how many total acres presently were being used for apartments in addition to the acres in the property being considered. He was told that approximately 100 acres would be zoned for apartments in that area. The public hearing was then closed. Councilman McGraw moved that Ordinance No. 644, an ordinance rezoning a 23. 2 acre tract and a 0.29 acre tract out of a 33. 63 acre tract in the Morgan Rector League, Abstract No. 46 in the Richards ?Subdivision, from District No. 1, First Dwelling House District to District No. 3, Apartment House District be adopted, with the stipulation that necessary drainage easements be obtained and worked out by the sub -divider's engineer and approved by the City Engineer. Motion was seconded by Councilman Ransdell. Motion carried. Mayor Pro tem Holt opened a public hearing on street improvements on Grove Street, Harrington Avenue, Gilchrist Avenue and Nagle Street. Bob Johnson of 1000 College asked why Harrington Avenue was being assessed. City Manager Boswell explained that it was being assessed by petition that had been submitted. There being no other comments, Mayor Pro tem Holt closed the hearing. Councilman Dozier moved that Ordinance No. 645, an ordinance closing the public hearing and levying assessments against abutting property and the owners thereof and adopting Engineer's Rolls for portions of Grove Street, Harrington Avenue, Gilchrist Avenue and Nagle Street in College Station. Motion was seconded by Councilman McGraw. Motion carried. )(-19 Minutes of Regular Council Meeting August 25, 1969 Page 6 Councilman Ransdell moved that T. D. Letbetter be denied his request for water service to his property across the eastern by-pass at the intersection of Highway 6, South. Motion was seconded by Councilman McGraw. Motion carried. Lloyd James, City Engineer, gave a brief progress report on Bee Creek. He stated that they had moved a lot of dirt these last few weeks and he was most pleased with Mr. Jones and the men who had assisted him from the Heavy Equipment School. Councilman Dozier stated that he felt the Council should write a letter to Mr. Jones commending him on the help he had given the city in the way of equipment to do this necessary work. City Manager Boswell stated he felt letters of appreciation should also be written to the convicts for their help and work in this project. Mayor Pro tem Holt stated that he felt the Mayor should write these letters for the Council. Councilman Ransdell stated that he felt Mr. James should be commended for a job well done. City Attorney Dillon reported the following on the condemnation proceedings regarding University Drive extension: On motion by Councilman Dozier, seconded by Councilman McGraw, the City Manager was authorized to write the checks for the above tracts. Motion carried. City Manager Boswell reported that to date, contractor's bid estimates were $59, 293.82 and the architect's fee was $20, 257. 86. He asked for Council concurrence to be recorded in the Minutes regarding these fees. Councilman Ransdell moved the City Manager be recorded in the Minutes as having concurrence of the Council to pay these fees. City Manager Boswell stated that contractor's estimate to date on sludge drying beds was $30,777. He asked for Council concurrence. On motion by Councilman Davis, seconded by Councilman McGraw, the City Manager was granted concurrence of the Council to pay this estimate. Motion carried. J /Ll Offered Awarded Parcel #1, Wheeler interests $16,359 $17,500 Parcel #2, Reiser $ 2,316 $ 2,300 Parcel #6, Gregory $ 2,489 $ 2,500 Parcel #7, Yarborough $ 8,814 $11,000 Parcel #8, Hovorak $11,950 $13,750 Parcel #14, Mais $93,200 $95,000 Parcel #10, Fitch, settled prior to hearing date. On motion by Councilman Dozier, seconded by Councilman McGraw, the City Manager was authorized to write the checks for the above tracts. Motion carried. City Manager Boswell reported that to date, contractor's bid estimates were $59, 293.82 and the architect's fee was $20, 257. 86. He asked for Council concurrence to be recorded in the Minutes regarding these fees. Councilman Ransdell moved the City Manager be recorded in the Minutes as having concurrence of the Council to pay these fees. City Manager Boswell stated that contractor's estimate to date on sludge drying beds was $30,777. He asked for Council concurrence. On motion by Councilman Davis, seconded by Councilman McGraw, the City Manager was granted concurrence of the Council to pay this estimate. Motion carried. J /Ll Minutes of Regular Council Meeting August 25, 1969 Page 7 On motion by Councilman Cooley, seconded by Councilman Dozier, the meeting was adjourned, subject to call. APPROVED: Mayor ATTEST: City Secretary las OIL187 ATTACHMENT A to City Council. Minutes of August 25, 1969 August 25, 1969 Honorable Mayora,`and members of the City Council, my name is Herman Brown and I reside at 1209 Glade Street in College Station. At the regular meeting of the City Council in July, a number of concerned citizens on Glade Street were represented by Mr. James Bond, an Attorney at Law from 'S Navasota, regarding the zoning of Blocks 4 and 5 of the Glade Addition for apartment dwellings. It is the general consensus of this group of citizens that from the action taken by the Council multiple dwellings would be permitted to be constructed in this area. On behalf of these citizens who have expressed a genuine and sincere concern over the develop- ment of said property for apartments, we would like to raise the issue again to further emphasize our concern for zoning and sub -division practices in the City of College Station. It is evident that: records prior to 1968 were deplorable and vague. It was extremely difficult for a prospective home buyer to determine the zoning status of the property in question. In several cases real estate agents mis-informed buyers as to this zoning. If persons whose profession was real estate did not know the facts, it is unlikely that a buyer would be 'able to learn them. Under these circumstances, it was impossible as a practical matter for an individual who was not knowledgable in the pro- cedure and terminology of zoning ordiances to have followed the plan/in effect prior to 1968. We believe that you and your attorney, Mr. Tom Giesenschlag, are well aware of the pitiful condition of the city planning and zoning records until recently. It is also fair to say that maps were totally inferior in describing the use of property in the area. One of the undersigned has personally seen two zoning maps, neither of which is dated. 4ALTURS &Z A clean and evidently unused one shows the property zoned for apartments; the other one is yellowed and shows the same area zoned for single family use. Even on the present official map of the city, the type that would be shown to a citizen today, one must look very closely to discern the slight deviation in crosshatching between Blocks 4 and 5 and the surrounding residential areas. We would also like to make it very clear that even a check of county records would cause an individual to be lulled into a feeling that property in question was zoned for single family dwellings. We are aware that it would be most difficult for the Council to admit at this time that an error has been made which in some degree would cast some doubt as to the validity of the current zoning ordinance. We are also aware that the current ordinance has been involved in a state of revision for several months but changes have met with resistance from several quarters. With this in mind, we question that the City Council is acting in good faith and expressing an honest and sincere concern for the citizenry that it was elected to serve. Until the current ordinances are changed and a master plan for zoning has been prepared, we can continue to expect piecemeal and spot zoning which will only benefit the developer and not the home owner. For example, a plan was presented to the Planning and Zoning Commission on August 18 concerning the Dobrovolny property of approximately 100 acres. It is apparent that a request will be submitted for the property to be rezoned for multiple dwellings and small businesses including light industry if the developer wishes. We ask you the question tonight, if this rezoning is permitted, would it be a part of the master plan for the City of College Station? Mr. Bond presented the statutes of law concerning rezoning which stated in part that rezoning should receive NOEM, -3 - the most serious consideration for the protection of all property owners. Personally, we feel that the City Council has violated the intent of the law by approving too many changes with obselete ordinances and a ten year old master plan. The Council should be aware of the fact that rumors are now cir- culating in the Glade and Skrivanek Additions that some prospective home buyers have been discouraged from purchasing property in these additions by local lending firms. They have been informed that these areas are deteriorating with the prospect of multiple dwellings immediately adjacent, without accepted buffer zones of sufficient width. These rumors obviously breed ill will and distrust of city government. Whether the rumors are true or not, it is evident that prudent planning is necessary to protect a majority of citizens. We are also concerned as to the statement made by a Council member at the last meeting who inferred that the Council could not be held pecuniarly liable for its decisions. We are aware that it would be a grave step for any court to hold a Legislative Body responsible, but on the other hand, we feel that a group of elected representatives should be able to make decisions that would not cast any doubt as to the legality of their decisions. To merely say "If you build, you build at your own risk and you can't hold us responsible", is a ridiculous statement in view of the property owners opposing the development from the beginning. Contrary to the statement of one of the Council, we sincerely believe that a con- sideration of our opposition to the development is a matter of paramount concern for the Council and not a problem existing between the property owners and developer. -4 - With the items that we have raised tonight, we would strongly encourage the City Council to take immediate action; that further re- zoning in the City of College Station be terminated until the current ordinances regulating rezoning and subdividing be revised and a master plan be developed by this City. Unless immediate action is taken, you can expect an inflamed citizenry to push for more direct action to alle- viate the situation. It has become extremely difficult to select a home in College Station that is not bordered by multiple dwellings. Buffer zones seemed to have escaped your thinking. With continued mis-located dwellings,this situation can only become worse. We encourage you to stop at this time and make some definite steps toward master planning. Mr. Mayor, it is the desire of this group that this presentation along with the supporting signatures become an official part of the minutes of this meeting tonight./ 01191 IZIU 01191