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
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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
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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
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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.
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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
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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.
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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.
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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.
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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-
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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.
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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
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GUEST REGISTER
REGULAR CITY COUNCIL MEETING
THURSDAY, MARCH 28, 1985
7:00 P.M.
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