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HomeMy WebLinkAbout06/26/1986 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 26, 1986 7:00 P.M. COUNCIL PRESENT: Mayor Ringer, Councilmen Haddox, Jones, Tongco, Boughton COUNCIL ABSENT: Councilmen Bond and Brown STAFF PRESENT: City Manager Cole, Director of Capital Improvements Ash, City Attorney Locke, Assistant City Manager VanDever, Deputy Finance Director Schroeder, City Secretary Jones, Utilities Manager Piwonka, Personnel Director Dickson, Purchasing Agent McCartney, Assistant Director of Planning Callaway, Admini- strative Assistant Barnett, Admini- strative Assistant Magoon, Council Coordinator Hooks STUDENT GOV'T LIAISON: Mike Hachtman VISITORS PRESENT: See guest register. Agenda Item No. 1 - Approval of the minutes of the City Council Workshop Meeting, June 11, 1986, and the City Council Regular Meeting, June 12, 1986. Mayor Ringer corrected paragraph three of Item No. 6 to read "this agreement includes expenditures for equipment and furniture to move." He also deleted the word "low" from paragraph two relating to the bid awarded to Persennaire Park and Playground. Councilman Boughton added her name as the person who moved approval of Shenanigan's Teen Center Board. The minutes were approved by common consent. Agenda Item No. 2 - A public hearing on the question of rezoninq Lot 2, Lakeview Acres from R-1 Single Family Residential to C-1 General Commercial. Assistant City Planner Jim Callaway Dresented this item. He pointed out that this lot is located on the north side of 005749 CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 26, 1986 PAGE 2 Miller's Lane. This area is a 4.33 acre lot and under the same ownership as the adjacent portion of Lot 1 Lakeview Acres which is currently zoned C-1. Mr. Callaway further stated that this area is reflected as commercial with medium density residential and office commercial uses to the east. The staff recommended approval of this request because it is in compliance with the land use plan and is consistent with area zoning patterns. The staff also suggested that an A-P buffer be established on adjacent Lot 3 at a future date. The Planning and Zoning Commission recommend denial of this request. Mayor Ringer opened the public hearing. Jarvis Porter, one of the owners of the property, spoke in support of the staff's recommendation to rezone the area C-1. Councilman Haddox asked how the owners would attempt to develop a buffer. Mr. Porter replied that the buffer could be a 6 foot green belt. Councilman Tongco asked what type of green belt would be used. Mr. Porter replied that he would place any type of greenery for a buffer in order to receive the C-1 zoning. John Jordan, 117 Millers Lane, came forward to speak in opposition of the rezoning request. Mr. Jordan pointed out that after commercial development of the tract, there will be poor quality water. Mr. Jordan clarified that if the owners are seeking C-1 and would like to protect the trees, he will not stand in the way. He explained that he is aware of plans to widen Millers Lane and at that time, it will be impossible to maintain quality residential life. Councilman Tongco asked how many residential acres are in this tract. Mr. Jordan said there are approximately 10 acres. Mr. Jordan stated that he recognized a need to extend Miller's Lane to the By-Pass, to answer serious concerns about traffic safety. He theorized that at a time following expansion of the street, maintaining a residence will become intolerable in that location. He explained that he is being pliable about the current changes and hopes that the Council will accommodate him in the future. He said that he foresees the possibility of having to ask Council at a later time to rezone his property, and that he will not seek any A-P acreage. 005750 CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 26, 1986 PAGE 3 Councilman Boughton asked Mr. Jordan if he felt there is enough wooded area to remain a residential area. Mr. Jordan replied that the homes will be too close to the widened street, and the quality of residential property will be gone. Mayor Ringer closed the public hearing. Agenda Item No. 3 - Consideration of an ordinance rezoninq the above tract. Councilman Tongco mentioned that there may not be enough acreage of wooded area to maintain quality residential use. Mayor Ringer pointed out that the staff recommendations is to approve the rezoning request and later establish an A-P buffer. Mayor Ringer stated his concern that the residential users would be asked to provide the buffer between themselves and commercial uses as opposed to requiring it from the persons gaining the commercial rezoning. Councilman Boughton asked Mr. Callaway why the area is zoned A-P to the east. Mr. Callaway replied that this was in response to a request by a representative of the property owners for C-1. The council granted C-1 with A-P along the east side. Councilman Haddox moved to accept staff recommendations and approve Ordinance No. 1656 rezoning Lot 2 Lakeview Acres subdivision from R-1 to C-1. Councilman Jones seconded the motion which was approved unan- imously, 5-0. Agenda Item No. 4 - A public hearing on the question of rezoninq Lots 22 and 23, Block 5 of the Hrdlicka Addition from R-1 Single Family Residential to C-1 General Commercial. Assistant City Planner Callaway presented this item. He described the tracts as single family residential with commerical to the north and apartments to the east and south. The west area across Wellborn and the railroad is vacant with R-5 and M-1 zoning. Mr. Callaway pointed out that the area is reflected as commercial and high density residential on the City's land use plan. The Wellborn Road Corridor Study recommends that residential lots 005751 CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 26, 1986 PAGE 4 along Wellborn from Luther south to Holleman be zoned commercial provided that the lots are replatted with existing commercial zoned lots. He further pointed out that the staff and the Planning and Zoning Commission recommend approval of C-1 zoning contingent upon the lots being replatted in accordance with the Wellborn Corridor study. Mayor Ringer opened the public hearing. Don Jones, a partner of the investment group owning the property, spoke in favor of the rezoning request. He stated that a major artery such as Wellborn Road demands commercial uses. He pointed out that the Wellborn Road frontage currently has many homes in need of improvements, and many vacancies of existing property. No one else spoke. The public hearing was closed. Agenda Item no. 5 - Consideration of an ordinance rezoninq the above tract. Councilman Tongco moved to approve Ordinance No. 1657 rezoning Lots 22 and 23, Block 5 of the Hrdlicka Addition from R-1 Single Family Residential to C-1 General Commercial contingent upon the replatted lots, with the wording of the ordinance changed to state that the ordinance is to become effective immediately upon the required replatting. Councilman Boughton seconded the motion which was approved unan- imously, 5-0. Agenda Item No. 6 - A public hearing on the question of rezoninq 10.71 acres in the Morgan Rector Survey located south of and adjacent to the Sandstone Subdivision from A-O Agricultural-Open to R-1 Single Family Residential. Assistant City Planner presented this item. Mr. Callaway described this tract as vacant with R-1 zoning of the Sandstone Subdivision to the north, Foxfire Subdivision to the south and west and agricultural open to the east. He explained that this area is reflected as low density residential on the land use plan. The staff and Planning and Zoning Commission recommend approval of the rezoning request. 905752 CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 26, 1986 PAGE 5 Councilman Tongco asked if all problems relating to the con- nection of streets have been solved. Mr. Callaway replied affirmatively. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 7 - Consideration of an ordinance rezoninq the above tract. Councilman Boughton moved approval of Ordinance No. 1658 rezoning 10.71 acres located south of and adjacent to the Sandstone Subdivision from A-O Agricultural-Open to R-1 Single Family Resi- dential. Councilman Tongco seconded the motion which was approved unan- imously, 5-0. Agenda Item No. 8 - A public hearing on the question of rezoninq a portion of the proposed Southwood Valley Section 28 subdivision from C-1 General Commercial and R-4 Apartments Low Density to R-5 Apartments Medium Density. Assistant City Planner Callaway presented this item. He described the tract located on the east side of Wellborn Road about 5500 feet south of FM 2818. Area zoning includes C-l, R-4 to the north, R-4 to the east, and balance of adjacent area is outside of city limits to the south and west. Mr. Callaway explained that the subject tract is vacant, and the balance of the area is agricultural open with scattered residential uses along Wellborn Road. The area is reflected as commercial and high density and medium density residential on the land use plan. The staff and the Planning and Zoning Commission recommend approval of the rezoning request. Mayor Ringer opened the public hearing. No one spoke and the public hearing was closed. 005753 CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 26, 1986 PAGE 6 Agenda. Item No. 9 - Consideration of an ordinance rezoning the above tract. Councilman Boughton moved approval of Ordinance No. 1659 rezoning a portion of the proposed Southwood Valley Section 28 subdivision from C-1 General Commercial and R-4 Apartments Low Density to R-5 Apartments Medium Density. Councilman Haddox seconded the motion which was approved unan- imously, 5-0. Agenda Item No. 10 - Consent Agenda: End-of-Year Transfer of Funds BIDS: ~86-29 - Mobile Multi-Function Emergency Unit #86-36 - Gasoline and Diesel Fuel for the FY 1986-87 Councilman Haddox removed the Bid Item ~86-29 from the Consent Agenda. All other items were approved by common consent. Councilman Haddox asked for verification from staff on the bid received from Naylor Industries. Virginia McCartney, Purchasing Agent, stated that this equipment is very specialized and the purchasing staff looked for bids from across the United States. She stated that Harrison Equipment was able to bid only for a pump. Councilman Haddox moved approval of staff's recommendation to award bid to Naylor Industries for $24,405.00. Councilman Jones seconded the motion which was approved unan- imously, 5-0. Agenda Item No. 11 - Consideration of an ordinance amending Chapter 1 of the Code of Ordinances by adding a Section making it an offense to fail to return library materials to the College Station Branch Library. City Attorney Locke stated that this ordinance is required by the City of Bryan as part of the agreement in order for the City of of College Station to obtain accreditation from the State. This ordinance makes it an offense to fail to return library materials to the College Station Branch Library. 005754 CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 26, 1986 PAGE 7 City Attorney Locke pointed out that the establishment of fines for overdue books will be covered in a subsequent ordinance. Councilman Boughton moved approval of Ordinance No. 1660 to amend Chapter 1 by adding a section making it an offense to fail to return library materials to the College Station Branch library. Councilman Jones seconded the motion which was approved unan- imously, 5-0. Agenda Item No. 12 - Consideration of a resolution authorizing the Mayor to execute a Library Management Contract with the City of Bryan. City Attorney Locke explained that this resolution will allow the Mayor to execute a contract with the City of Bryan for the next five years. The City of Bryan may place their books on the shelves of the branch library and in five years the City of College Station should be able to replace the City of Bryan's books. The Bryan City Council has reviewed the agreement and requested that the termination provision be changed to six months instead of forty-five days. Mayor Ringer stated that this agreement will enable the City of Bryan to operate the College Station Branch Library until the library becomes established. Councilman Jones moved approval of Resolution No. 06-26-86-12 authorizing the mayor to execute a library management contract with the City of Bryan. Councilman Boughton seconded the motion which was approved unan- imously, 5-0. Agenda Item No. 13 - Consideration of approval of bids for street, drainage, and utility improvements to community develop- ment project Arizona, Phoenix, and Nevada Streets. City Manager Cole pointed out that the staff recommends the low bid by R.T. Montgomery for $231,265.70. He explained that two problems were associated with the bid submitted by R.T. Montgomery. The company failed to submit with the bid a bid bond and they indicated 100 working days as opposed to 100 calendar days. R.T. Montgomery claims these items were an oversight on their part; and, corrections were made to the satisfaction of the staff and the City Attorney. - 005755 CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 26, 1986 PAGE 8 Councilman Haddox moved approval of awarding this project to the lowest bidder, R.T. Montgomery, Inc. in the amount of $231,265.70. Councilman Boughton seconded the motion which was approved unan- imously, 5-0. AGenda Item No. 14 - Consideration of a resolution replacinG the ordinance setting the ad valorem tax rate. City Manager Cole stated that this resolution is a procedural matter which must be addressed by Council prior to adoption of the budget. The City of College Station does not have the official tax roll from the Brazos County Appraisal District prior to the adoption of the budget; therefore, this procedure allows the staff to issue tax warrants if necessary. Councilman Boughton moved approval of Resolution No. 06-26-86-14 replacing the ordinance setting the ad valorem tax rate. Councilman Tongco seconded the motion which was approved unan- imously, 5-0. AGenda Item No. 15 - Consideration of an ordinance amending Chapter 1, Section 10(a) of the Code of Ordinances of the City of College Station levyinG occupation taxes for the use and support of the municipal Government of the City of College Station. City Manager Cole stated that this ordinance is a procedural matter that authorizes the staff to levy occupation taxes, such as alcoholic beverage permits and game machine permits. Councilman Tongco moved approval of Ordinance No. 1661 amending Chapter 1, Section 10(a) of the Code, levying occupation taxes for the use and support of the municipal government of the City of College Station. Councilman Boughton seconded the motion which was approved unan- imously, 5-0. 005756 CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 26, 1986 PAGE 9 AGenda Item No. 16 - Consideration of an ordinance amending Chapter 11, Section 2, Subsection A and E of the Code of Ordinances relating to water and sewer services; and an ordinance amending Chapter 11 of the Code of Ordinances by adding a Section 7 establishing the purpose of the drainage maintenance program, setting an assessment, providing a savings clause~ and providing for an effective date. City Manager Cole stated that the budget was submitted with a recommendation for fee increases in water, sewer, and solid waste. The fee increase for water is from $1.33 to $1.40 per 1,000 gallons; the sewage increase is from $8.00 to $10.00; and the solid waste increase is from $4.20 to $4.70, the $0.50 to be contributed to the drainage improvement program. Mr. Cole pointed out that the new fees will become effective with the passage of the budget. Mayor Ringer noted that the fifty cents drainage fee will be kept as a separate portion of this fund for the purpose of drainage improvements. Councilman Tongco asked how many gallons does the average house- hold use a year. Utilities Office Manager Linda Piwonka replied that a residence uses an average of 10,000 gallons monthly. Councilman Boughton moved approval of Ordinance No. 1662 setting the rates for water and sewage. Councilman Tongco seconded the motion which was approved unan- imously, 5-0. Councilman Boughton moved approval of Ordinance No. 1663 establishing the surcharge for the drainage maintenance program. Councilman Tongco seconded the motion which was approved unan- imously, 5-0. AGenda Item No. 17 - Consideration of an ordinance adoptinG the budget for FY 1986-87 and authorizing expenditures as therein provided. City Manager Cole stated that the Agenda packet contained a memorandum in which Mr. Van VanDever included the changes made to the proposed FY 1986-87 budget by the council. Councilman BouGhton moved approval of Ordinance No. 1664 adopting the budget for FY 1986-87 and authorizing expenditures as therein provided. 005757 CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 26, 1986 PAGE 10 Councilman Jones seconded the motion which was approved unan- imously, 5-0. Agenda Item No. 18 - Hear Visitors. Councilman Tongco stated her concern about residential and commercial zoning in the area. She also stated that the council is trying to maintain an image of quality residential living and allow for commercial development and growth of the city. She explained her hope that the commerical developers will take into consideration the effects from destruction of large trees. Agenda Item No. 19 - EMERGENCY ITEM: Closed session to discuss pending litigation. The council moved to closed session. Agenda Item No. 20 - Adjourn. Mayor Ringer adjourned the meeting. APPROVED: ~Ma¥or ATTEST: gtary 005758 GUEST REGISTER Regular City Council Thursday, June 26, 7:00 P.M. Meeting 1986 e 19. 20. 21. 22. 23. 24. 25. 26. 27. 10. 28. 11. 29. 12. 30. 13. 31. 14. 32. 15. 16. 17. 33. 34. 005769