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HomeMy WebLinkAbout03/28/1985 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Boughton, McIlhaney, Prause, Runnels COUNCIL MEMBERS ABSENT: Councilman Anderson STAFF PRESENT: Assistant City Manager VanDeveu, City Attorney Locke, Director of Capital Im- provements Ash, City Secretary Jones, Deputy Finance Director Schroeder, Per- sonnel Manager Dickson, Purchasing Agent McCartney, City Engineer Pullen, Director of Planning Mayo, Assistant Director of Planning Callaway, Traffic Engineer Black, Brazos Animal Shelter Director Ricker, Council Coordinator Jones STUDENT GOVT. LIAISON: Mike Hachtman VISITORS PRESENT: See guest register. The meeting was called to order with all Councilmembers present except Councilman Anderson. Agenda Item No. 1 - Approval of the minutes of the Workshop City Council Meeting, February 27, 1985, the Regular City Council Meeting, February 28 and the Special City Council Meeting, March 6, 1985. Councilman Runnels moved approval of the minutes of the Workshop City Council Meeting, February 27, 1985, the Regular City Council Meeting, February 28, 1985 and the Special City Council Meeting, March 6, 1985. Councilman Boughton seconded the motion which was approved unani- mously, 5-0. Agenda Item No. 2 - A public hearing on the question of rezon~n~ a 3.00 acre tract of land located at the northeast corner of the intersection of Texas Avenue and S.H. Highway No. 6 (Bypass), from Administrative-Professional District A-P to Planned Commer- cial District C-3. _~plication is in the name of John W. Hanes, Sr. (85-104) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns a 3.00 acre tract of REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 PAGE 2 land located at the northeast corner of the intersection of Texas Avenue and S.H. No. 6 from Administrative-Professional District A-P to Planned Commercial District C-3. He listed the land uses in the area. He noted that on the city's Land Use Plan this area is reflected as office commercial. He stated that the request does not comply with the city's land use plan, but does comply with the city's commercial development policies with respect to location at the "intersection of thoroughfares". He noted that the proposed C-3 area is separated from area resideatial ,]s~s by a 135 ~oot A-H buffer. He stated that on 01/24/85 the City Coua- cil denied "without prejudice" a request for 4.48 acres of C-1 zoning at this location. He explaiaed that this request provides for a smaller commercial area and a less intensive commercial zoning district. He recommended that approval of this request be made contingent upon the fil~ag of a subdivision plat to be sub- mitted by the applicant. He further noted that the Planning and Zoning Com.,ission voted (5-1) on 02/21/85 to recommend deaial o~ this request. He stated that area residents filed a petition in opposition to this request. Mayor Halter opened the public hearing. Mrs. Gail Griffin, resident on Mile Drive, spoke in favor of the rezoning request. She stated that the residents on Mile Drive, Mr. Ron Cruse, Mr. Haney and two attorneys developed deed re- strictions and guidelines i~hat all parties feel they will be able to adhere to a,]d because of this compromise the residents of Mile Drive wish to withdraw their opposition to the request. She ex- plained that the deed restrictions that have been delineated will allow Mr. Haney to develop his busi,]ess interest and also pre- serve the residential area. She stated that this agreement is contingent upon the g~anting of a conditional use permit for 1.2 acres of the request to allow for the development of a service station and convenience store. She read a statement that per- tains to the area and reflects on the future of the area as fol- lows: "Since 1976 this particular propeuty has been brought be- fore the Council eight times. There remains a great deal developed land surrounding this nineteen year old neighborhood. We are concerned about gett~ag into the position of having liti- gatio;] for the remaining property and we are further concerned about what has been expressed as the domino effect, whece dential properties are gradually engulfed and neighborhoods de- stroyed by encroachment. We have noticed that the city is work- ing on a zoning ordinance to accommodate residential area that adjacents commercial area or business area. We commend this ac- tion and hope that you will proceed rapidly. In the meantime we would like to appeal to the City Council, the City Planners, and the City Plana[ng and Zoning Commission to not let the domino ef- fect takeover to destroy what we have. We understand that you 00&828 REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 PAGE 3 must consider requests that are presented. We do, however, ask that you consider our ~equest to prevent further problems in this area and to avoid getting into this situation again. We appre- ciate your support in the past and are hopeful to not being see- ing you soon." Mayor Halter stated that Mr. Haney has provided the residents on Mile Drive with the ability to approve any changes in the deed restrictions. No one else spoke. The public hearing was closed. A~enda Item_~o. 3 - Consideration of an Ordinance rezoning the above tract. Councilman Runnels asked City Attorney Locke to address the role of the city in enforcement of deed restrictions. City Attorney Locke.stated that the city is in no way equipped to enforce deed restrictions and would be unable to stipulate deed restrictions in a conditional use permit. Councilman McIlhaney asked a question concerning the depth of the referenced tract from the corner of Highway 6 and Texas towards Mile Drive. Assistant Director of Planning Callaway stated that the depth of this tract in that direction is approximately 300 feet. Councilman McIlhaney asked if the city would maintain control of the access points through site plan review and the conditional use permit. Assistant Director of Planning Callaway stated that the City Engineer will allocate the driveway access to Texas Ave- nue. He noted that the subdivision plat the staff has recom- mended for potential rezoning of this tract has beeq submitted and provides for a private access easement for both the A-P and the proposed C-3 at one point. Councilman McIlhaney expressed her concern with the traffic sit- uation in the area. Councilman soughton moved approval of Ordinance No. 1578 rezoning the above tract contingent upon the area being replatted and the granting of a conditional use permit on 1.2 acres. Councilman Prause seconded the motion which was approved by a vote of 4-1 as follows: FOR: Mayor Halter, Councilmen ~oughton, Prause, Runnels AGAINST: Councilman McIlhaney 00 829 REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 PAGE 4 Councilman Boughton expressed her appreciation to the residents on Mile Drive for their efforts in working with the developer to reach this compromise. Agenda Item No. 4 - A public hearin~ on the question of rezonin9 Lot 1 Block 3 Prairie View Heights (618 Banks) from Single Family Residential District R-1 to General Commercial ~istrict C-1. Ap- plication is in the name of John David Joyce J D's Old Time Sno Cones. (85-105~- Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns Lot 1 Block 3 Prairie View Heights (618 Banks) from Single Family Residential Distract R-1 to General Commercial District C-1. He listed the existing land uses in the area. He noted that on the city's Land Use Plan the area is reflected as low density residential with commercial and medium density residential uses to the east across Tarrow Street. He recommended denial of this request for the following reasons: (1) The request is not in compliance with the city's land use plan; (2) The request does not comply with the city's development policies with respect to the type of location for commercial zoning; (3) The requested zoning is not compatible with the adjacent residential uses; and, (4) The subject lot is part of an established residential subdivision. He pointed out that there are no reasonable alternatives to this request because other commercial zones, such as A-P or C-3, would not allow for the applicant's proposed use. He explained the two changes in zo,~i,~g that have occurred in this area since 1976 and noted that both of these zoning changes were initiated by the city in re- sponse to petitions from area residents. He stated that on 3/7/85 the Planning and Zoning Commission recommended approval (4-2) of Neighborhood-Business District C-N on this tract. He further stated that the staff does not support the recommendation of the Planning and Zoning Commission because the subject tract does not meet the minimum depth requirements for C-N zoning. Mayor Halter opened the public hearing. Mr. John David Joyce, the applicant, spoke in favor of the re- zoning. He stated his intentions to open a Sno Coae business in College Station. He listed several reasons why this area is con- ducive for this type of business as follows: (1) the area lends itself to com,,erc~al uses; (2) the area is too busy for residen- tial development; (3) the area is too small for residential de- velopment; and, (4) the adjacent property owners have not ex- pressed any opposition to the proposed rezoning. He showed pic- tures of the proposed structure for the site. 00 830 REGULAR CITY COIJNCIL MEETING THURSDAY, MARCH 28, 1985 PAGE 5 Mr. Arthur Wright, owner of the subject tract, stated that this tract is not conducive to residential development. He noted that if a home were constructed on this lot it could only have a maxi- mum of 500 square feet after adhering to all setback requirements of the R-I District. He pointed out that if the property is re- zoned to commercial it will have very limited use because of its size and will be easily controlled. No one else spoke. The public hearing was closed. Agenda Item No. 5 - Consideration of an Ordinance rezoning the above tract. Councilman McIlhaney asked if this tract could comply with the depth requirements of either the A-P or the C-3 zoning district. Assistant Director of Planning Callaway stated that all cial zoning districts, with the exception of C-N, have a minim.lm deptl% requirement of 100 feet. He pointed out that this lot does not have a 100 foot dimension. Councilman Boughton stated that all the residential structures in the area were built on lots of this size. Mayor Halter expressed his resecvations abodt rezoning a piece of property that does not meet the standards delineated in the zon- ing ordinance, but noted that there is not much likelihood that a residence will ever be constructed on this particular property. He stated that in considering zoning changes the broader implica- tions of the proposed zoning should be considered rather than the proposed use for the property. Councilman McIlhaney concurred with Mayor Halter's comment. She stated that there are other matters that need to be considered in this case, such as the street situation and the lack of privacy that would be afforded a residential structure on this site. Councilman McIlhaney moved approval of an Ordinance rezoning this property to Neighborhood-Commercial District C-N. Councilman Runnels seconded the motion which failed by a vote of 2-3 as follows: FOR: Mayor Halter, Councilman McIlhaney AGAINST: Councilmen Boughton, Prause, Runnels 00&831 REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 PAGE 6 A~enda Item No. 6 - A public hearin~ on the question of rezoning a 91.68 acre tract of land located at the northwest corner of the intersection of State Highway 6 and Barron Road from A~ricul- ture-Open District A-O to General Commercial District C-1 (11.03) acres), Single Family Residentia~ District R-lA (8.71 acres) and Single Family Residential District ~1~'(71.94 acres). A~plica- tion is in the name of Garrett Engineering. (85-106) Assistant Director of Planning Callaway presented the item. He explained that on 11/10/83 the City Council approved Ordinance No. 1467 rezoning the proposed Courtland Subdivision from A-O to C-l, R-lA, and R-1. He noted that the R-lA and R-1 areas were described in the Ordinance by Lot and Block as reflected on the approved fiaal plat ~or the Courtland Subdivision. He further e~plai,]ed that the Ordinance provided that the changes ia zoning would become effective upon the filing o~ the final plat with the County Clerk, but the final plat was never filed; therefore, the rezoning was never finalized. He stated that the proposed re- zoning request was submitted with metes a,]d bo~a~s descriptions describing the zoning districts established by Ordinance 1467 to finalize the zoning that was approved by Council on 11/10/83. He further stated that on 3/7/85 the Planning and Zoning Commission recommended approval (5-0-1) of this rezoning request. Mayor Halter opened the public hearing. Mr. Donald Garrett, representing Garrett Engineering, spoke in favor of the rezoning. He pointed out that the prope~y owaers do aot wish to finalize the plat of this property at this time, but they do want to establish the zoning oa ~ecord. No one else spoke. The public hearing was closed. A~enda Item No. 7 - Consideration of an Ordinance rezonin~ the above tract. Councilman Runnels moved approval of Ordinance No. 1579 rezoning the above tract. Councilman Boughton seconded the motion which was approved unani- mously, 5-0. A~enda Item No. 8 - Public Hearing: Sharin~ Fund (FY1985-86). Proposed Use of Revenue Assistant City ~4anager VanDever explained that this item is the first step in the city's formal budget process. Mayor Halter opened the public hearing. No one spoke. The public hea~i~g was closed. 00 832 REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 PAGE 7 Agenda Item No. 9 - CONSENT AGENDA: BIDS: As-built plans for sanitary sewer line PLATS: Final Plat - Resubdivision of Lots 32, 33 and 34, Block A, Phase II~ of Post Oak Forest (84-230) Ail items were approved by commo~ co,]se,~t. Agenda Item No. 10 - Consideration of a Resolution adding Elected Officials to Workers' Compensation. Personnel Manager Dickson presented the item. She stated that this coverage will provide for the Mayor and Councilmembers to be covered for injuries incurred during the performance of official duties. She pointed out that the cost per year for this coverage will be $9.44. Councilman Boughton moved approval of Resolution No. 03-28-85-10 adding Elected Officials to Workers' Compensation. Councilman Prause seconded the motion which was approved unani- mously, 5-0. Agenda Item No. 11 - Consideration of an Ordinance amendin~ Chap- ter 2, ~ection 2 of the Code-6f Ordinances of the City of College Station, Texas relatin~ to the licensin~_qo~.animals. Mayor Halter presented the item. ~e explained that the proposed ordinance will combine the process of licensing with the process of rabies vaccination. He noted that the city commits the fees collected from licensing to the Brazos Animal Shelter at the di- rection of the City Manager. ~e ~,~cther stated that this step will provide a c~m~itted revenue to the Brazos Animal Shelter. ~e e~plained that there will be only one license per animal re- q,~red for Brazos County. Kathy Ricker, Director of the Brazos Animal Shelter, stated that the Veterinarian Association has offered the service of lice,]sing at ~o cost to the three governmental entities. She stated that this is a strong move toward veterinary public health in this community and will allow ~o~ the licensing of approximately 10,000 animals compared to the 2,000 animals c,]~e~l~ b~ing li- censed. Councilman Boughton moved approval of Ordinance No. 1580 amending Chapter 2, Section 2 of the Code of O~dinances of the City of College Station, Texas relating to the licensing of animals. Cou,%c[l,~aa Pca.~e seconded the motion which was approved unani- mously, 5-0. 00 R33 REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 PAG8 8 Agenda Item No. 12 - Consideration of Auditors to ~orm annual audit. --' Councilman McIlhaney presented the item. She explained how the Committee had proceeded tn their review of auditing firms to per- form the city's annual audit. She noted that six firms submitted proposals and each proposal was evaluated according to certain criteria such as experience, price, experience of stafE ing the audit, and the d~fferent amenities offered in the audil:. She stated that she had called references or] all si~ E~cms. She further stated that the Committee's recommendation is that the city engage the firm of Deloitte Haskins & Sells out of Houston to perform the annual audit. She noted that tl]~s firm did not have the lowest bid, but their expertise i~] electc%cal and munic- ipal auditing will allow them to provide the city with the best possible audit. Counc[lma,] Boughton expressed her disagreement with the Commit- tee's first choice of Deloitte Haskins & Sells. She stated I]er op[~[on that Hereford, Lynch & Co. has done an excellent job for the city. She stated her aversion to making a cl]ange in auditing firms at this late date. She noted that she had discussed the matter with David Fetzer, the city's Financial Advisor, who was very complimentary of Hereford Lynch, Inc. She recommended that the city retain Hereford, Lynch & Co. to perform the city's annu- al audit. Councilman Runnels stated his opinion that it was time for a change, and recommended that the city engage Deloitte Haskins & Sells to perform the city's annual audit. Mayor Halter stated has position that Hereford, Lynch & Co. has done an excellent job for the city and their efforts have allowed the city to receive three Municipal Finance Officers Association Certificates. He expressed his concern with the limited a,~odnt of time that was afforded the committee in evaluating the propos- als submitted. He asked what t[meEra,~e Deloitte Haskins & Sells had provided for completion of the audit. He expressed some con- cerns with the proposed fee submitted by Deloitte Haskins & Sells and stated that there was only a $4,500.00 difference in their proposed fee and the proposed fee submitted by Hereford, Lynch & Co. He noted that there are some uncertainties with engaging Deloitte Haskins & Sells. Councilman McIlhaney replied that Deloitte Haskins & Sells stated that they will have the audit completed by the first of October, 1985. She stated that the criteria for evaluating these firms were established after researching many different sources. 00 .83& REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 PAGE 9 She stated that Deloitte Haskins & Sells guaranteed that the aud- it fee would not exceed the fee that was submitted in the propos- al. She noted that their references indicated that their bids had always been fair. She further noted that one of the partners of Deloitte ~a~kins & Sells, who will be in charge of performing the actual audit, serves on the National Peer Review for the Cer- tificate of Conformance. She stated her opinion that Deloitte Haskins & Sells will provide the city with a good audit that will allow the city to continue to receive the recognition it has re- ceived in the past. Mayor Halter expressed his concern with evaluating these propos- als and making comparisons among the firms when all of the pro- posals did not provide answers to the same questions. Councilman Runnels moved to authorize the city to enter into ne- gotiations for a contract with Deloitte Haskins & Sells to per- form the city's annual audit. Councilman McIlhaney seconded the .notion which was approved by a vote of 3-2 as follows: FOR: Councilman McIlhaney, Prause, Runnels AGAINST: Mayor Halter, Councilman Boughton Mayor Halter suggested that the Council consider appointing some individuals other than councilmembers to serve on the Audit Re- view Committee. Agenda Item No. 13 - Consideration of an Ordinance fixiq~ and de- termining the General Service Rate to b~-~har~ed for sales of natural gas to residentia~ and commercial consumers in_~.~i~t~ of College Station, Brazos County, Texas; providing for the man- ner in which such Rate ma~ be cha~ged, adjusted, and amended; ~d providin~ for the recovery of any current and unrecovered prior Rate Case Expense, ~roviding for a schedule of service charges, and ~rovidin~ fqr.~.Main Line Extension Rate. City Attorney Locke presented the item. She noted that several weeks prior to this meeting Lone Star Gas had requested a ~ate increase and had provided information for the Council concerning the matter. She explained that since that time the City of Col- lege Station and the City of Bryan have been negotiating with Lo,%e Star Gas Company and the following recommendations have re- sulted: (1) Deletion of the construction work in progress item in the amount of $196,036.00 and the entire work in progress item in the amount of $592.00; (2) Deletion of the return on adjusted value increment in the amount of $27,854.00; (3) Deletion of the automatic tax adjustment item; and, (4) The return on common eq- 00 835 REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 PAGe] 10 uity will be based on a return of fifteen percent (15%) rather tharl ~ixh,eer~ aad one-half percent (16.5%). She pointed out that these recommendations will result in an overall reduction in the original rate increase of approximately thirty percent (30%). She noted that the proposed ordi~]ance will have to be adjusted to reflect these changes. She recommended that approval by Council be made contingent upon verification of the figures by the city's Finance Director. The Council concurred to delay action on this item until the Workshop City Council Meeting, April 10, 1985. A~enda Item No. 14 - Consideration of an Ordinance amendin~ Chap- ter 10, Section 3, Sub-Section E o{'the Code of Ordinances of the Cit~ of Colle~e~'tation, Texas, relatin~ to speed zones and spe- ~ificall~ ~esi~t~ additional areas in the Cit~ of College Station in which rates of speed of thirty (30) miles per hour or more are authorized; rescindin~ all parts of ordinances in con- flict herewith; and declarin~ that attendant facts necessitate- immediate action. Traffic Engiaeer Black presented the item. He explained that the proposed Ordinance will allow for the reduction in speed zoaes on Texas Avenue by five miles per hour. He pointed out that the Highway Department conducted a speed study on Texas Ave- nue and their recommendation to lower the speed zones by five miles per hour was approved by the Highway Co,nmission in Austin, Texas. Councilman Runnels moved approval of O~.~iaance No. 158l a,~e,]ding Chapter 10, Section 3, Sub-Section E of the Code of Ordinances of the City of College Station, Texas, relating to speed zones. Councilman McIlhaney seconded the motion which was approved unan- imously, 5-0. Agenda Item No. 15 - Consideration of an Ordinance authorizin~ the Mayor to execute a contract f6r the Metropolitan Plann%n~ Or- ~anization. Director of Planning Mayo pueseated the item. He stated that this is a standard contract authorizing the city to work with the Metropolitan Planning Organization. Councilman Prause moved approval of Ordinance No. 1582 autho- rizing the Mayor to execute a contract for the Metropolitan Plan- ning Organization. Councilman Boughton seconded the motion which was approved unani- ,,ously, 5-0. 00 .836 REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 PAGE l l Agenda Item No. 16 - Hear Visitors. Mr. Robert A. Hitchcock, representing St. Mary's Parish, re- quested that the Council consider the traffic p~oblems that are existing on Na~le Street. He pointed out that there are no curb cuts for the handicapped along this particular street. He fur- the~ stated that the walk sign at Nagle and University Drive does qot allow adequate time for wheelchair traffic to cross at this intersection. Mayor Halter requested Traffic Engineer Black to investigate the possibility of correcting the timing of the walk sign at this ~atersection. He also asked the Engineering Staf~ to co~]side~ locating some curb cuts for the handicapped on Nagle. Mr. Robert Pottberg, owner of the Ponderosa Motel, addressed the Council concerning the com,~ercial rate schedule imposed by McCaw Cablevision. Mayor Halter pointed out that the City Council only addressed the rates that were set for residential customers. Agenda Item No. 17 - Closed session to discus_s_~pending litigation [6252-17(2) (e)] . The Council moved to closed session and later reopened to the p,~bl ic. A~enda Item No. 18 - Action on closed session. No action was taken on closed session. Agenda Item No. 19 - Ad3ourn. Mayor Halter adjourned the meeting at 9:00 P.~. Dian Joq~, City Secretary 00 .837 GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, MARCH 28, 1985 7:00 P.M. 23. 24. 25. 14. &~ 30.