Loading...
HomeMy WebLinkAbout09/11/1986 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 11, 1986 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Bond, Brown BouGhton, TonGco, Jones, Haddox COUNCIL MEMBERS ABSENT: None STAFF PRESENT: City Manager Cole, Capital Improvements Director Ash, City Attorney Locke, City Secretary Jones, City Engineer Pullen, Director of PlanninG Callaway, Deputy Finance Director Schroeder, Assistant Director of Planning Callaway, Ambu- lance Supervisor Schaer, Administrative Assistant MaGoon, Council Coordinator Hooks STUDENT GOV'T LIAISON: Mike Hachtman VISITORS PRESENT: See Guest register. A~enda Item No. 1 - Approval of the minutes of the City Council Special Meeting, August 27, 1986 and the City Council Regular Meeting, August 28, 1986. Councilman BouGhton corrected the wordinG on page two, paragraph two of the minutes of the Special City Council Meeting, from "debt service reserve" to "debt service fund balance." Mayor Ringer also corrected a typographical error in Mr. Duke Bonilla's name in the minutes of the City Council Regular meeting. Councilman BouGhton moved approval of the minutes with correc- tions. Councilman TonGco seconded the motion which was approved unan- imously, 7-0. A~enda Item No. 2 - A public hearing on the question of rezonin~ a 7.89 acre tract located at the southeast corner of the inter- section of Woodcreek Dr. and Stonebrook Dr. from PUD #1 to R-1 Single Family Residential. Assistant Director of PlanninG Callaway presented this item. 005869 2ITY COUNCIL REGULAR MEETING tHURSDAY, SEPTEMBER 11, 1986 PAGE 2 Mr. Callaway explained that the subject tract is currently zoned P.U.D. #1 and is undeveloped at this time. The area is reflected as low density residential on the land use plan, and the request is in compliance with the land use plan. The staff and Planning and Zoning Commission recommended approval. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 3 - Consideration of an ordinance rezoning the above tract. Councilman Brown moved approval of Ordinance No. 1674 rezoning a 7.89 acre tract located at the southeast corner of the intersec- tion of Woodcreek Drive and Stonebrook Drive from P.U.D #1 to R-1 Single Family Residential. Councilman Boughton seconded the motion which was approved unan- imously, 7-0. Agenda Item No. 4 - A public hearing on the question of granting the Right, Privilege, and Franchise to General Telephone Co. of the Southwest. Franchise Advisory Committee Chairman Dr. David Bagnall, came forward to recommend approval of the ordinance. He stated that the committee requested three changes. The committee has in- creased the percentage of the gross annual fee to 4.5%. He ex- plained that gross revenues are different now from the time the previous franchise agreement was enacted. He added that the transaction would not increase a customer's charged amount. Another change suggested is that the franchise agreement end ten years from the effective date instead of twenty-five years as proposed by GTE. Also, the franchise committee thinks that the city should have the ability to change the gross rate if govern- mental regulations change. Councilman Tongco asked Mr. Bagnall if the rate considered is a normal rate compared to other telephone companies. Mr. Bagnall replied that this is a standard form from GTE; City Attorney Locke added that the 4.5% is a rate set by the City Council. Mayor Ringer reiterated that there are a range of percentages and 005870 CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 11, 1986 PAGE 3 this rate is within the range. Mr. Bagnall stated that applying the previous rate would decrease the city's revenue, but using the new rate will keep the revenue the same. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 5 - First consideration of an ordinance granting the Right, Privilege, and Franchise to General Telephone Co. of the Southwest. Councilman Bond moved approval of the First Consideration of an ordinance granting the right, privilege, and franchise to General Telephone Co. of the Southwest. Councilman Tongco seconded the motion which was approved unan- imously, 7-0. Agenda Item No. 6 - Consent Agenda: BIDS: #87-14 - 3/4 Ton Pickup for Streets Division. This item was approved by common consent. Agenda Item No. 7 - Consideration of an ordinance abandoning the un-utilized right-of-way for Woodland Parkway. City Attorney Locke introduced the item. She pointed to a diagram illustrating the right-of-way at Woodland Parkway. She noted that the property ends at Parkway Park, and the right-of- way runs adjacent to the Park and continues at Ashburn Street. Mayor Ringer stated that the item was placed on the agenda be- cause of discussion among council members and citizens in the area to determine whether the right-of-way should be used or not. Councilman Bond asked if prior to acceptance of the subdivision plat by the County, had the area been annexed by the City. City Attorney Locke clarified that the plat was filed before the area was received into the city limits. She commented that the por- tion of the right-of-way running adjacent to the tracts owned now by the Bakers and previously by Dr. Alexander, was conveyed with that property and was not dedicated. She explained that the 905871 ~ITY COUNCIL REGULAR MEETING tHURSDAY, SEPTEMBER 11, 1986 PAGE 4 portion of right-of-way was conveyed prior to the acceptance of the plat, and under the law at that time, the dedication was not in effect as to the municipality. Councilman Bond stated that petitions have been presented to pre- vious councils to close a perceived easement along the parkway by Mr. E.R. Alexander and others. He added that the 1941 plat filed at the county shows the street. City Attorney Locke concurred, and noted that the issue before the council does not address what the impact would be to the property owners, but to the munici- pality; it does not qualify as a dedicated right-of-way. Coun- cilman Bond stated that the question he sees is whether the Coun- cil would benefit to take action to abandon any right or title in this matter. Ms. Locke replied that the Council could prevent the right-of-way issue from arising again and take the position that the right-of-way was abandoned by non-use. Councilman Bond questioned if the ordinance as prepared would affect the city's position in later claiming that a right-of-way does exist. Ms. Locke replied affirmatively and stated that the proposed ordinance could be edited in that respect. Councilman Haddox reiterated and stated that the ordinance is for a portion of the right-of-way as illustrated by the yellow section on the displayed map. Ms. Locke replied that the main issue is the abandonment by non-use of the portion of the right-of-way under consideration. Mr. David Riedel, 1114 Marstellar, came forward to express his support for the proposed ordinance. He stated that his property abuts the right-of-way being considered for abandonment and he is directly affected by the use of the right-of-way. He also stated that the right-of-way is city owned and is used continuously for Parkway Park, and that this land is historically viewed by the neighbors as part of the park. Mr. Riedel addressed the issue that no one would be harmed by passage of this ordinance. The City has assured that the Bakers have access to all the land they wish to develop. Councilman Bond asked Mr. Riedel if he is directing his discus- sion toward all of the right-of-way or the portion illustrated in yellow. Mr. Riedel referred to the right-of-way marked in yellow and added that a public path has existed along the rest of the right-of-way, and that this right-of-way has been shown on every city map during every transaction of land in that neighborhood. 005872 ~ITY COUNCIL REGULAR MEETING tHURSDAY, SEPTEMBER 11, 1986 PAGE 5 Councilman Bond asked if the right-of-way in question provides pathways for access to the park. Mr. Riedel replied affirma- tively. Councilman Bond noted that through the abandonment of the portion of right-of-way, the Riedels would acquire half of the property and the other half would be deeded to the park. Mr. Riedel pointed out that the result of abandoning the entire right-of-way, would be a pathway continuing on the park's side of the right-of-way. Janet Kling, 1113 Ashburn, spoke in favor of the ordinance and concurred with Mr. Riedel's comments. She stated that the neigh- bors would like to be assured that a street will never be built to connect Marstellar and Woodland Parkway to Ashburn. She said that the neighbors believe another through street would be dan- gerous to the children who play in Woodland Park. She mentioned that many of the residents from the area were present,and she asked for a show of support; a number of people in the audience stood in response to her request. Ms. Kling stated that the sup- porters of this ordinance would like to see a portion of the ordinance deleted in paragraph three; "...but, that prior to ac- ceptance of the subdivision plat by the county, a portion of the Woodland Parkway right-of-way was conveyed to the adjacent prop- erty owners...;" Denise Hoyt, 1109 Berkeley Street, came forward to express her concern for the Bakers' interests and rights in this matter. Tim Manning, 300 Fidelity, expressed his support for the Bakers and stated his opinion that they would be negatively affected by the passage of this ordinance. Roger Sorrells, 4202 Oklahoma Bryan, Texas, stated that he has been interested in buying a portion of the Bakers' property and the city appeared to be cutting off access to the property. Jim Baker, 1119 Ashburn, spoke in opposition to the proposed ordinance. He stated that he is the owner of Lot 40 which abuts the section of public right-of-way under consideration. He stated that the ordinance would authorize the Mayor to execute a quit claim deed in favor of the current owners of Lot 41. This deed describes a strip of land 20 feet wide and 100 feet in length adjoining Lot 41. Mr. Baker commented that he fails to understand the necessity or desirability of the quit claim deed and he further asked for clarification of this statement. City Attorney Locke replied that the quit claim deed would allow the property to be divided in half; one half would go to the adjacent property owners whose property faces and abuts the right-of-way. 005873 2ITY COUNCIL REGULAR MEETING FHURSDAY, SEPTEMBER 11, 1986 PAGE 6 She added that half of the portion of land would be quit claimed to the city for park land, and the other half would be quit claimed to the property owners of the adjacent lot, Lot 41; that is, abandonment would divide the property to the centerline. Mayor Ringer read the last paragraph of the ordinance per request of Mr. Baker. Mayor Ringer explained that the metes and bounds description in Exhibit "A" defined the un-utilized right-of-way, and not the portion which is to be conveyed. The ordinance states that one deed will be issued per property owner; that is, one deed to property owners of adjacent Lot 41 and one deed to the City. Mr. Baker stated that Lot 40 was purchased in 1980 as an invest- ment for the welfare and enjoyment of present and future owners of the Lot 40. He pointed out that the public right-of-way has the nearest fire hydrant access to Lot 40, where service could be easily provided. He stated his opinion that the only reasonable driveway to Lot 40 is through the public right-of-way to Marstel- lar and he noted that the proposed ordinance states that Lot 40 can access Ashburn by means of a private driveway. Mr. Baker added that access to Lot 40 cannot be directed from Ashburn ex- cept through an adjoining lot, Lot 39. He stated that he is the owner of Lot 26 where the home is and Lot 39 and Lot 40 are plat- ted and buildable lots. He also stated that he has no plans to subdivide Lot 39 and Lot 40, but would like to be able to enjoy the full rights of ownership including the right to access from a public right-of-way and the right to resell. He concluded by asking the Council two questions: 1) Will the public benefit by the abandonment and the transfer of one half title of the public right-of-way to the owners of Lot 41. 2) Who benefits by such action and who is injured by the same. He then reiterated his objections to the ordinance and added that the only people to benefit from the ordinance are the owners of Lot 41 who will acquire a quit claim deed to land they never paid for. Councilman Brown commented to Mr. Baker that if someone were to develop the area, the biggest attribute for both lots would be for the houses to face the park. Mr. Baker mentioned that the house on Lot 24 has a front view of the park. Councilman Jones asked Mr. Baker if anyone had mentioned the city had intentions to build a road. Mr. Baker replied that he would build a road if the city required this, but it was a public easement to his property. 005874 ~ITY COUNCIL REGULAR MEETING tHURSDAY, SEPTEMBER 11, 1986 PAGE 7 Councilman Haddox questioned Mr. Baker if the passage of this ordinance would hamper his ability have a private drive for ac- cess to his property from Ashburn. Mr. Baker replied that a private access and easement exists through the public right- of-way, but the private drive would involve expensive litiga- tion; he stated that the public right-of-way is preferable.Coun- cilman Haddox asked for clarification of the ordinance in regards to a private drive along the right-of-way. City Attorney Locke stated that the only access would be from Ashburn Avenue. Councilman Tongco asked what the required access would be in order to develop on Lots 39 and 40. City Attorney Locke replied that she has not discussed the requirements and impediments with the staff. David Brochu, 800 Woodland Parkway, spoke in opposition to the proposed ordinance. He questioned why the City was involved in this case since the discussion concerns property owners' rights. He further commented that the Bakers purchased their property with the understanding they had a public right-of-way to Lot 40 and the Riedels also purchased their land knowing there was a public right-of-way. Allen Montgomery, 601 N. Cross, Apt. 8, commented in favor of the Bakers' concern. He noted that large trees might be destroyed if the right-of-way was abandoned, and he questioned why the Bakers would not receive at least a third of the right-of-way. Councilman Haddox questioned Mr. Riedel about access to Lots 39 and 40 by a private drive, which would be in the right-of way. Mr. Riedel indicated that this situation would create a problem. Ms. Kling also commented against it. Mr. Baker noted that he would establish guarantees relating to the right-of-way. Ms. Kling pointed out that Mr. Baker could not promise the future of the right-of-way, and also that his ownership was in question. Councilman Bond stated that someone who platted the property con- templated that a street might develop. Thereafter, the develop- ers, sellers, purchasers, etc., elected to abandon the notion of a built street. He stated that the City will not build a street on the easement and asked why the City would consider making a change in position which has long been determined by conveyance in this small portion of the right-of-way. 005875 SITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 11, 1986 PAGE 8 Councilman Bond stated his agreement that the clause after the semi-colon in paragraph three be deleted as requested by Ms. Kling. Councilman Haddox commented that he would not like to see a property owner isolated from his property, but as this property is owned by one owner, the portion in question would not impose a restriction on Lots 39 and 40. Councilman Tongco disagreed and stated that the lots have been platted and the fact that one person has invested in the property does not mean the owner should be deferred use of his property. Councilman Bond referred to the history of the sub-division and pointed out that everyone involved had been aware of this back- ground and that property owners should be aware of the situation at the time of purchase. Councilman Bond moved approval of Ordinance No. 1675 abandoning the un-utilized right-of-way for Woodland Parkway subject to the deletion of the clause after the semi-colon in paragraph three starting with the word "but" and ending with the word "owners." Councilman Jones seconded the motion which was approved by a vote of 6-1. FOR: Mayor Ringer, Councilmen Haddox, Boughton, Brown, Bond, Jones AGAINST: Councilman Tongco Agenda Item No. 8 - Consideration of an ordinance amendin~ Section 12.3 of Ordinance 1638 relating to signs, specifically deleting subsection 0.4 of Section 12.3, which deals with prohibited signs and adding subsection P.12 to Section 12.3 allowing for balloons and/or other gas filled objects as exempt signs. City Attorney Locke presented this item. This item was deleted at the last council meeting because the Planning and Zoning Com- mission had not recommended changes to the Council at that time. She stated that last week, the Planning and Zoning Commission voted to recommend to Council that the ordinance be approved with changes made by A1 Mayo, Director of Planning. Mayor Ringer read the recommended changes, which included the following items: Add to Section K, that balloons or gas filled objects may be used for display or advertising for special events with no required permit; Maximum height sixty (60) feet; O ~ITY COUNCIL REGULAR MEETING FHURSDAY, SEPTEMBER 11, 1986 PAGE 9 allowed for three days maximum time per premise per 30-day peri- od; Add to Section P, balloons with no commercial message for decoration purposes in residential zones; and, Balloons or gas- filled objects used solely for decoration purposes, not contain- ing any logo or copy, having a maximum height of twenty (20) feet, located in non-residential zones. Section 0.4 of Pro- hibited Signs would be omitted. Mayor Ringer asked staff to summarize the difference between the ordinance prepared and the Planning and Zoning Commission recom- mendations. A1 Mayo stated that the ordinance prepared in the packet does not allow balloons with logos; whereas, the recom- mendations from P&Z allow balloons or gas-filled objects with a logo to be flown at a maximum of sixty (60) feet for three days maximum time per premise per 30-day period and a permit would not be issued. Councilman Haddox moved approval of Ordinance No. 1676 as pre- sented by the Planning Director A1 Mayo and the Planning and Zoning recommendations amending Section 12.3 of Ordinance 1638 relating to signs. Councilman Boughton seconded the motion which was approved unan- imously, 7-0. Councilman Jones asked how the balloon ordinance is enforced. Councilman Haddox commented that neighbors may file official com- plaints to the Police or the City. Councilman Bond also com- mented that if a complaint is filed, the City should follow-up, but in his opinion a patrol need not be initiated. Agenda Item No. 9 - Consideration of bids for the city's depository bank. City Manager Cole stated that one bid was received from Republic Bank A&M for the city's depository bank. The staff has closely reviewed the contract and it is a competitive bid. Staff recom- mends approval. It is for the next two years. Councilman Brown asked if the difference from the previous con- tract was in the drop of the basic T-Bill rate. Mr. Schroeder explained that the difference compared to a T-Bill yield rate of 6 percent which is actually higher than what the yield rate is at this point. He added that the fifteen basis points earned by investments subtracted from the estimated costs of services equals $17,000.00 or $18,000.00 above the T-Bill rate. The 905877 ~ITY COUNCIL REGULAR MEETING tHURSDAY, SEPTEMBER 11, 1986 PAGE 10 contract in the past equaled approximately $16,000.00 which is a $1000.00 dollar difference on the net dollars above the T-Bill amount. Councilman TonGco asked if a minimum interest is earned in the process. Mr. Schroeder replied affirmatively and ex- plained that the minimum yield specified in the contract was the yield the City could receive from investing in U.S. Treasury bills. Councilman Tongco mentioned that the City should not re- ceive any less than 5 1/4 percent. Councilman Boughton moved approval of RepublicBank A&M as the City's depository bank for the next two years. Councilman Tongco seconded the motion which was approved by a vote of 6-0-1, with Councilman Brown abstaining from vote. A~enda Item No. 10 - Consideration of an ordinance settin~ the 1986 tax rate. Councilman Bond moved approval of Ordinance No. 1677 setting the 1986 tax rate at $.38 per $100.00 valuation. Councilman Boughton seconded the motion which was approved unanimously, 7-0. AGenda Item No. 11 - Consideration of authorizing the Mayor to execute an agreement to emplo~ a medical director for an advanced Cardiac Life Support Ambulance Operation. City Manager Cole introduced this item. He stated that state law requires that a medical director must be initiated by the city to operate an advanced life support service. The City has found a local doctor interested in emergency medical services and is wil- linG to assume the responsibility. The contract provides for compensation of $500.00 per month to the physician. Ambulance Supervisor Bill Schaer introduced Dr. Richard Herron as the new emergency medical director. Mayor Ringer asked staff for beginning date of operation. Schaer replied October 1. Mr. Councilman Haddox moved approval of an agreement for one-year to employ Dr. Richard Herron as medical director for an advanced Cardiac Life Support Ambulance Operation. Councilman Brown seconded the motion which was approved unan- imously, 7-0. 905878 2ITY COUNCIL REGULAR MEETING tHURSDAY, SEPTEMBER 11, 1986 PAGE 11 Agenda Item No. 12 - Consideration of the City of College Station becoming a member of the Texas Civil Justice League. Mayor Ringer stated that this membership will allow the City to be concerned with Tort Reform and questions before the State Legislature in regular session. Texas Municipal League has asked cities to join for a cost of $100.00. Councilman Bond moved approval of the City of College Station becoming a member of the Texas Civil Justice League. Councilman Tongco seconded the motion which was approved unan- imously, 7-0. Agenda Item No. 13 - Consideration of an ordinance amending Chapter 10, Section 2 Subsection G of the Code of Ordinances, making the current Subsection G into G (1) and creating a separate penalty provision for riding bicycles on prohibited streets. City Attorney Locke presented this item. The proposed ordinance provides for a separate penalty provision for riding bicycles on prohibited streets. The proposed ordinance states a maximum fine of $30.00; Judge Banks has recommended a fine of $40.00. Councilman Tongco moved approval of Ordinance No. 1678 setting a maximum fine of $25.00 for a citation issued to anyone riding bicycles on prohibited streets. Councilman Bond seconded the motion which was approved unan- imously, 7-0. Councilman Tongco noted that the signs are not erected on Harvey Road because of construction. She suggested that the police should warn the bicyclists instead of issuing citations on this street. Mayor Ringer asked City Manger Cole to relay this recom- mendation to the Police Department. Agenda Item No. 14 - Hear Visitors. No one spoke. Agenda Item No. 15 - Closed session to discuss pending litigation [6252-17(2)(e)], and personnel [6252-17(2)(g)]. The council moved to closed session. 905879 CITY COUNCIL REGULAR MEETING tHURSDAY, SEPTEMBER 11, 1986 PAGE 12 Agenda Item No. 16 - Action on closed session. Councilman Boughton moved approval of appointing Joan L~kin as Chairman of the Community Center Advisory Committee and appoint- ment of Pamela Bryson to serve as a member of the Conm~unity Center Advisory Committee. Councilman Tongco seconded the motion which was approved unan- imously, 7-0. A~enda Item No. 17 - Ad3ourn. Mayor Ringer adjourned the meeting. APPROVED: ATTEST: Di-an ~Cit¥ Secretary 005880 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, September 11;'-~986' 7:00 P.M. 27. 28. 13. 29. 14. 30. 15. 31. 17. 33. 005881 GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 11, 1986 7:00P.M. e 17. 18. 19. e 20. Se 21. 22. 23. 24. 10. 25. 26. 11. 27. 12. 28. 13. 29. 14. 30. 15. 31. 16. 32. 17. 33. 18. 34. 00.588.2