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HomeMy WebLinkAbout04/28/1988 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 28, 1988 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Boughton, McIlhaney, Brown, Gardner, Haddox COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Acting City Manager Ragland, City Attorney Locke, City Secretary Jones, City Engineer Pullen, Assistant City Engineer Smith, Budget Director Schroeder, Director of Planning Callaway, Assistant Director of Parks and Recreation Cisneros, Community Development Director Fette, Director of Capital Improvements Ash, Finance Director Harrison, Public Utilities Director Woody, Con~unity Center Supervisor Calbert, Council Coordinator Hooks STUDENT GOV'T LIAISON: Kevin Buchman VISITORS PRESENT: See guest register. Agenda Item No. 1 - Signing of a proclamation designating May 16-21, as "National Police Week". Chief Strope was present to accept the proclamation. He stated that a memorial ceremony at the police department will be held on May 16th in memory of the 72 police officers who died in the line of duty. AGenda Item No. 2 - Signing of a proclamation designating the month of May as "Correct Posture Month". Dr. Ted Moses came forward to accept the proclamation signed by Mayor Ringer. Agenda Item No. 3 - Signing of a proclamation designating the week of May 1-7, 1988 as "Be Kind to Animals Week". Mrs. Kathy Bice of the Brazes Animal Shelter accepted the proclamation signed by Mayor Ringer. Agenda Item No. 4 - Signing of a proclamation designating tho week of May 1-7~ 1988 as "National Pet Week". Dr. Joe West of the Brazes Valley Veterinary Association accepted the proclamation signed by Mayor Ringer. 06647 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 28, 1988 Page 2 Agenda Item No. 5 - Si~nin~ of a proclamation designating May llth as "Teacher Appreciation Day". Ms. Belinda Howard of the Chamber of Commerce came forward to accept the proclamation. Agenda Item No. 6 - Approval of the minutes of the City Council Workshop Meeting, April 13, 1988 and the City Council Regular Meeting, April 14, 1988. Councilman Boughton moved approval of the minutes as present~. Councilman Haddox seconded the motion which carried unanimously, 6-0. A~enda Item No. 7 - A public hearin~ to consider a Final Plat - Resubdivision of Lot Ar D.A. Smith Subdivision (88-203). Planning Director Callaway explained the item. He stated that the final plat before the Council is the current site of the Saber Inn hotel. This plat would divide the lot into two lots. The Planning and Zoning Commission recommended approval of this resubdivision plat. Mayor Ringer opened the public hearing and asked anyone in favor of the resubdivision to come forward. Mr. Larry Wells, 2905 Pierre, representing the applicant asked Council to approve the resubdivision plat. Mayor Ringer closed the public hearing. Agenda Item No. 8 - Consideration of the final Plat - resubdivision of Lot A, D.A. Smith Subdivision (88-203). Councilman Brown moved approval of the final plat. Councilman Boughton seconded the motion. The vote carried unanimously, 6-0. Agenda Item No. 9 - A public hearing on the question of rezonin~ 8.86 acres of the Re~ency Square Subdivision from R-2 Duplex Residential to C-2 Commercial Industrial and C-3 Planned Com- mercial. Applicant Jerry Ford Taylor (88-104). Mr. Callaway described the request. He stated that the request includes all but three lots in the Regency Square Subdivision. The property under consideration is located along the south side of Holleman between Wellborn Road and Oney Hervey Drive from R-2 to C-2 (2.36 acres) and C-3 (6.5 acres). '06648 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 28, 1988 Page 3 He stated that the current zoning in the area includes R-2 on the subject tract, R-2 adjacent to the east, R-1 single family to the south and west, and C-1 to the west. Mr. Callaway described the history of the previous actions taken on the tract which included platting for duplex development which was abandoned, and commercial zoning of three adjacent lots which fall within the area of the subdivision plat. Mr. Callaway pointed out that the applicant cites this rezoning as being in compliance with city policies. The Planning and Zoning Commission recommended denial of the rezoning by a vote of 3-2. Mayor Ringer opened the public hearing. The applicant Mr. Jerry Taylor, 7722 Appomattox, came forward to speak in favor of the request for rezoning. He presented to each councilmember the history of his business, C.C. Creations, which is a screen printing and embroidery company. He stated that the Company is in a position to expand and combine all three existing locations, Bryan, College Station and Houston. He mentioned that C-2 zoning is required for this type of business. He presented pictures to the Council which show the surrounding area. Mr. Dennis Goehring, President of the Economic Development Foundation, came forward to endorse this business. He mentioned that one of the residents who live across the street from the subject site, Mary and George Washington, endorse this project also. Councilman Haddox mentioned that the letter from the Washingtons noted that "cleaning up the property would be an improvement to our street." Mayor Ringer closed the public hearing. Agenda Item No. 10 - Consideration of an ordinance rezonin~ tho above tract. Councilman Boughton asked if the vacant R-1 property behind the subject tract was annexed into the City as R-1. Mr. Callaway responded that it may be one of two circumstances; one, being 06649 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 28, 1988 Page 4 that the property was zoned R-1 upon annexation; or, the property was given the R-1 classification in 1976 when rezonings were held in four larger areas throughout the city. He also stated that there are one or perhaps two owners of the vacant property. Councilman McIlhaney asked if there would be adequate screening. Mr. Callaway stated that screen fencing is required when any commercial areas abut a developed residential area. Councilman Brown pointed out that this business will provide a tremendous improvement to this neighborhood. Councilman Brown moved approval of Ordinance No. 1746 rezoning 8.86 acres of the Regency Square Subdivision from R-2 Duplex Residential to C-2 Commercial Industrial and C-3 Planned Com- mercial, (88-104). Councilman Boughton seconded his motion. Councilman Gardner commented that granting this rezoning would diminish the credibility of the Comprehensive Plan. Councilman Haddox commented that he will support this rezoning. Councilman Boughton added that the residents, Mr. and Mrs. Washington do not oppose commercial zoning. The motion carried by a vote of 5-1, Councilman Gardner voting against. Agenda Item No. 11 - Consideration of an appeal to the decision of the City Engineer regarding street access near the intersec- tion of Live Oak and Texas Avenue. Mayor Ringer mentioned that this item was discussed at the workshop meeting. Councilman Haddox commented that the proposal to make a change at this site is an improvement of the present conditions. Councilman McIlhaney mentioned that she cannot support the pro- posal as presented. She sees a problem with the access on Live Oak nearest to the intersection at Texas Ave; there would not be enough "stacking" room onto Live Oak from the intersection. 06650 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 28, 1988 Page 5 Mr. Schultz pointed out to the Council that there is ample area on the site so motorists will able to go through the drive-thru's and choose from two exits. Mayor Ringer asked Mr. Ash if when Texas Avenue is widened, a continuous left turn will remain. Mr. Ash replied that it is the staff's understanding that the left turn lane will remain. Councilman Gardner commented that this council may be willing to sacrifice public safety and convenience to make this one partic- cular business work. He further commented that there are other uses which could utilize this property. Councilman Haddox moved to grant the appeal of the decision of the City Engineer regarding street access for a proposed restau- rant located at Live Oak and Texas Avenue. The motion was seconded by Councilman Brown. The motion carried by a vote of 4-2, Councilman McIlhaney and Councilman Gardner voting against. Agenda Item No. 12 - Consideration for approval to participate with the City of Bryan in funding the market study component of Bryan's Small Business Development System Drogram. Community Development Director Fette presented the item. He explained that this item was discussed at a workshop meeting several weeks ago. He noted that the City of Bryan accepted College Station participation in contributing funding of this market study. Councilman Gardner asked what components would be funded by College Station. Mr. Fette replied that the only phase of the program which the City would participate is the market study. Mr. Gardner commented that this program would still be conducted if the City of College Station did not participate. Mr. Fette stated that the City will enjoy direct benefits if funding is allocated to this program. Councilman Haddox asked CSEDF President Dennis Goehring if this study is being supported by the Economic Development Foundation. Mr. Goehring replied affirmatively. Councilman Boughton moved approval to fund $10,000 to the market study component of the Small Business Development System program. 06651 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 28, 1988 Page 6 Councilman McIlhaney seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 13 - Consideration of funding an audio-visual history presentation, "Golden Memories" commemorating the City'~ 50th anniversary. Councilman Boughton asked if the staff will request bids for the audio-visual presentation. Mr. Cisneros replied that the staff will compile the basic package as a bid proposal. Councilman Brown moved approval of funding for an audio-visual history presentation, "Golden Memories". Councilman Haddox seconded the motion which carried unanimously, 6-0. AGenda Item No. ordinance. 14 - Consideration of bridge participation This item was withdrawn from the agenda by direction from Council at its workshop meeting. The staff will bring this item back to Council at the last meeting in May. AGenda Item No. 15 - Consideration of Change Order No. it Parking Lot Repairs at City Hall, G-83-84-06. Mr. Mark Smith explained this item. He stated that this change order will make final payment to close out the contract. The change order results in an increase to the contract amount by $14,015.65. The reason is primarily due to patching twice as much area as originally planned. Councilman Boughton moved approval of Change Order No. 1, Parking Lot Repairs at City Hall, G-83-84-06, increasing the contract amount by $14,015.65. Councilman Haddox seconded the motion which carried unanimously, 6-0. AGenda Item No. 16 - Consideration of Change Order No. 1, South- West Parkway Reconstruction G-81-81-14. Mr. Smith explained that this change order will serve to zero out all quantities to complete this contract. The net effect of the change order is to reduce the contract by $31,557.96. ,*06652 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 28, 1988 Page 7 Councilman Boughton moved approval of Change Order No. 1, Southwest Parkway Reconstruction, G-81-81-14 by reducing the contract amount by $31,557.96. Councilman McIlhaney seconded the motion which carried unanimously, 6-0. Agenda Item No. 17 - Request for permission to negotiate a Pro- fessional Services Contract for the preparation of a space needs study, along with plans and specifications for the renovation of City Hall. CIP Director Ash described this item. He stated that eleven pro- posals were received. The staff and CIP Council Committee recom- mend the firm of Group 4, Inc. for the renovation plans and space needs study for City Hall. Councilman Gardner moved approval for the staff to negotiate a professional services contract with Group 4, Inc. Councilman Haddox seconded the motion which carried unanimously, 6-0. A~enda Item No. 18 - Consideration of an ordinance authorizin~ the issuance of public property finance contractual obligations. Finance Director Harrison explained this item. He stated that this is a final request to Council for official action to issue contractual obligations for the financing of the MIS program. Mr. David Fetzer of Moroney and Beisner was present at the meeting. City Attorney Locke pointed out that the agenda item cover sheet should be corrected to read 8.5% interest rate per annum, rather than 1.5%. Councilman Gardner asked what options does the city have. Mr. Harrison explained that the contractual obligations are to be issued at this time in order that the utility billing computer will be financed at the time of delivery, which is the end of May. He pointed out that the City intends to refinance these contractural obligations with a general obligation bond refunding issue in July, 1988, which will coincide with the refinancing of the short-term note on the Industrial Foundation property. ' 06653 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 28, 1988 Page 8 Councilman Brown moved approval of Ordinance No. 1747 authorizing the issuance of public property finance contractual obligations. Councilman Boughton seconded the motion which carried unanimous- ly, 6-0. Agenda Item No. 19 - Consideration of authorization by the City Council to participate by intervention in a lawsuit initiated by the Texas Municipal League. City Attorney Locke stated that the Texas Municipal League has intervened in a lawsuit initiated by the Sierra Club to force the Texas Water Commission to implement the Clean Water Act. Under the EPA proposed rules the requirements for Texas munici- palities would be to place discharged water in streams that are higher in quality than the natural stream quality. She stated that the Texas Municipal League has asked for financial support from the cities. TML is attempting to force negotiation and settlement reducing the standards. Mayor Ringer mentioned that the city's contribution would be $1,601.46, based on 1984 census. Mr. John ~ody explained that under the new rules, the cities may possibly have to clean the water so that it would be cleaner than in its natural state. Councilman Gardner stated his concern that the city would spend taxpayer's money for something that might not be reasonable. Mr. Woody emphasized that the cities should have a voice in setting the rules. Mr. Dick Birdwell, 1401 Post Oak Circle, came forward to speak on this issue. He encouraged the Council to support TML in this activity. Councilman Haddox moved to support TML on this issue for $1,601.46. Councilman McIlhaney seconded the motion which carried by a vote of 5-1, Councilman Gardner voting against. Agenda Item No. 20 - First Consideration of an ordinance amendinq the City's Franchise Aqreement with Cooke Cablevision, Inc City Attorney Locke stated that the City Council expressed an interest in providing a smaller cable package to the residents of '06654 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 28, 1988 Page 9 College Station. She stated that the proposed ordinance will allow Cooke Cablevision to provide a low price five channel package without changing the franchise fees that would be col- lected based upon the original definition of a basic package. This package will include a NBC station, a CBS station, and ABC station, and a PBS station. Agenda Item No. 21 - Hear Visitors. Mrs. Nora Rabe of FM 158 came forward to voice her concern on obtaining water service to her residence. She sent a letter to the City Council and City Manager April 8th and she has not received a written response from the Council. She mentioned that she had spoken to Mr. Ragland and he had responded to her that this was a matter between her and the landlord of the property. Mr. Woody explained the city policy on waterline service. He stated that the City of College Station was obligated to serve the area annexed along Highway 30. He stated that according to city policy, the only other main extensions which the city would be involved is as follows: placement of transmission lines to bring water into town; waterlines replacing existing lines which are too small; and, finally, as development takes place in various subdivisions, the City of College Station only partici- pates when a larger line is needed, and subsequently, the developer pays the city for this transaction. Councilman Haddox stated that there is not anything the Council can do to extend water to her home from Highway 158. City Attorney Locke pointed out that in 1983 the City annexed the area to FM 158. The City of College Station serves only persons to a certain point along FM 158. The rest of the area along FM 158 is still serviced by ~ixon ~ter Supply and the city is not authorized to service this area. Mrs. Rabe was not aware of this action and apologized for bringing thi~ problem to the Council. Mr. Archie Julien of 909A Foster came forward to speak to the Council on the wildflower issue. He read to the Council a pro- posed amendment to Ordinance No. 699, which he prepared. Mayor Ringer suggested that copies of the amendment be given to the staff and the Community Appearance Committee for review. 96655 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 28, 1988 Page 10 Agenda Item No. 22 - Closed session to discuss legal [6252-17 (1) (r) ]. The council convened in closed session at 8:45 p.m. Agenda Item No. 23 - Action on closed session. Mayor Ringer announced that no action was taken. Agenda Item No. 24 - Ad3ourn. Mayor Ringer declared the meeting adjourned at 9:20 p.m. report ATTEST: C fty' Se~~Y Dian Jones APPROVED: 06656 GUEST REGISTER CITY COUNCIL REGULAR MEETING 2 13. 14. 15. 8. 9. 10 16. 17. 18. 19. 20. 006657