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HomeMy WebLinkAbout07/25/1985 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 25, 1985 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: STUDENT GOVT. LIAISON: VISITORS PRESENT: Mayor Pro-tem Runnels, Councilmen Boughton, Bond, Brown, Tongco Mayor Halter, Councilman McIlhaney City Manager Bardell, City Attorney Locke, Director of Capital Improvements Ash, City Engineer Pullen, Assistant City Manager VanDever, City Secretary Jones, Director of Planning Mayo, As- sistant Director of Planning Callaway, Zoning Official Kee, Deputy Finance Di- rector Schroeder, Purchasing Agent McCartney, Utilities Office Manager Piwonka, Energy Specialist Shear, Per- sonnel Manager Dickson, Administrative Assistant Magoon, Council Coordinator Jones Hachtman See guest register. The meeting was called to order with Mayor Pro-tem Runnels pre- siding. Agenda Item No. 1 - Council concerns. Councilman Tongco distributed a handout on the city's Load Man- agement Program and noted that the Council's assistance would be needed in several areas. She stated that if the Council had any additional suggestions concerning the program to contact her. Councilman Boughton stated that she spoke with Joe Guidry, Elec- trical Superintendent, concerning the establishment of some cri- teria for construction of street lights inside the city limits. She stated that there is a critical need for these guidelines to insure that the city will be able to provide proper maintenance for the lights after installation. She suggested that the cri- teria include specifications that all street lights constructed inside the city limits be sodium vapor. City Manager Bardell stated that the staff is attempting to de- termine the adequate street lighting level for the city. He noted that the city has never had a standard street lighting lev- el. 05134 REGULAR CITY COUNCIL MEETING THURSDAY, JULY 25, 1985 PAGE 2 Councilman Brown questioned whether there would be any problems created if the developers of Emerald Forest and Raintree extend- ed electrical power to spotlight the signs located at the en- trance to the subdivisions. Director of Planning Mayo stated that he would review the situa- tion and determine if it would be allowed under the city's ordi- nance structure. A~enda Item No. 2 - Approval of the minutes of the Regular City Council Meeting, July 11, 1985. Councilman Boughton stated that Councilman Tongco's name should be included under the heading COUNCIL MEMBERS PRESENT. Councilman Boughton moved approval of the minutes of the Regular City Council Meeting, July 11, 1985, with the above correction. Councilman Brown seconded the motion which was approved unani- mously, 5-0. A~enda Item No. 3 - Closed session to discuss personnel [6252-17(2) (~) ]. A. Personnel [6252-17 (2)(g)]. 1. Discussion of Administrative Personnel. The Council moved to closed session and later reopened to the public. A~enda Item No. 4 - A public hearin~ to consider a Preliminary Resubdivision Plat of Lot 16A Lakeview Acres subdivision located at the southeast corner of the intersection of Morgans Lane and State Highway 6. (85-308) Director of Planning Mayo presented the item. He stated that a presubmission conference was held and all the conditions have been addressed. He noted that at some point in time additional right-of-way may be necessary to widen Morgans Lane due to the proposed commercial development. He recommended approval of the plat as presented. He further stated that the Planning and Zon- ing Commission voted (5-0) on 7/18/85 to approve the plat. Mayor Pro-tem Runnels opened the public hearing. Mr. Larry Wells, representing Jerry Bishop and Associates, re- quested approval of the plat as presented. No one else spoke. The public hearing was closed. REGULAR CITY COUNCIL MEETING THURSDAY, JULY 29, 1985 PAGE 3 Agenda Item No. 5 - Consideration of the above plat. Councilman Brown moved approval of the Preliminary Resubdivision Plat of Lot 16A Lakeview Acres subdivision. Councilman Bond seconded the motion which was approved unanimous- ly, 5-0. Agenda Item No. 6 - A public hearing to consider a Preliminary Plat of the Newton Place subdivision located northwest of and ad- jacent to the Richards Addition subdivision. (85-309) Director of Planning Mayo presented the item. He stated that all of the presubmission conference conditions have been addressed. He noted that this plat represents a replatting of a portion of several lots in the Richards Addition subdivision which were re- cently rezoned from Single Family Residential R-1 to General Com- mercial C-1. He further stated that the Planning and Zoning Com- mission voted (5-0) on 07/18/85 to approve the plat. Mayor Pro-tem Runnels opened the public hearing. Mr. Larry Wells, representing Jerry Bishop and Associates, re- quested approval of the plat as presented. No one else spoke. The public hearing was closed. Agenda Item No. 7 - Consideration of the above plat. Councilman Boughton moved approval of the Preliminary Plat of the Newton Place subdivision. Councilman Tongco seconded the motion which was approved unani- mously, 5-0. Agenda Item No. 8 - A public hearing to consider the adoption of the East By-pass Land Use Study recommendations and the revision of the city's Land Use Plan to reflect those recommendations. Assistant Director of Planning Callaway presented a brief summary of the study. He stated that the study was prepared by a sub- committee of the Planning and Zoning Commission. He listed the proposed land use recommendations delineated in the report. He further stated that the staff and Planning and Zoning Commission support the recommendations of the study committee. Councilman Tongco noted that a great deal of time on the part of the committee members and city staff was spent in the development of these recommendations. nc, 51 REGULAR CITY COUNCIL MEETING THURSDAY, JULY 25, 1985 PAGE 4 Mayor Pro-tem Runnels opened the public hearing. Mr. Raymond Martyn, Chairman of the East Bypass Land Use Study Committee, encouraged the Council to accept the recommendations delineated in the report. He reiterated that a great deal of time was spend in the development of these recommendations. No one else spoke. The public hearing was closed. A~enda Item No. 9 - Consideration of adoption of the above recom- mendations and the revision of the Land Use Plan to reflect thos~ recommendations. Mayor Pro-tem Runnels pointed out that two members of the Council were not present. Councilman Brown moved to table consideration of the adoption of the above recommendations and the revision of the Land Use Plan to reflect those recommendations until the next Regular City Council Meeting, August 8, 1985. Councilman Bond seconded the motion which was approved unanimous- ly, 5-0. A~enda Item No. 10 - A ~ublic hearin~ to consider an a~eal of a Plannin~ and Zonin~ Commission denial of a Conditional Use Permit for an office and meetin~ room for St. Francis E~isco~al Church in a subordinate structure located at 201 Walton. Appeal is in the name of Gordon Beall. Assistant Director of Planning Callaway presented the item. He stated that the Planning and Zoning Commission voted (3-2) on 06/20/85 to deny a request for a conditional use permit to allow the use of a subordinate structure behind the residence at 201 Walton for a church office and meeting facility. He stated that the staff recommended denial of the request for the following reasons: (1) the subordinate structure is located only eight feet behind the residence, which is not in accordance with the city's regulations requiring a minimum twenty-five foot rear yard behind a single family residence; (2) the request is out of char- acter with the neighborhood; and, (3) the request is not consis- tent with previous church and residential development in the city. He further stated that Mr. F. W. Lynch, a property owner within 200 feet of the referenced property, contacted him to re- quest that he relay his opposition to the Council since he could not be in attendance. Mayor Pro-rem Runnels opened the public hearing. He requested that individuals in favor of the request speak initially. nf 5 1 REGULAR CITY COUNCIL MEETING THURSDAY, JULY 25, 1985 PAGE 5 Mr. Gordon Beall, owner of the property at 201 Walton, addressed several concerns that were delineated in previous discussions. He stated that arrangements had been made with Culpepper Proper- ties to allow for parking at the Culpepper Circle Shopping Cen- ter. He noted that the facility will be used for meetings sched- uled Monday through Saturday and in addition will provide a pri- vate place for Rev. Jeff Schiffmeyer to counsel and study. He noted that most of these activities will be held when the traffic volume will normally be at a lower level. He stated that in his opinion the property would revert back to single family residen- tial uses after the special needs delineated in this request are no longer required. He stated that the financial resources that would be necessary to obtain a meeting facility in a commercial area would prohibit the church from getting into a permanent fa- cility as quickly as it would like. Reverend Jeff Schiffmeyer, pastor of St. Francis Episcopal Church, stated that he would be using the structure as a study. He noted that on occasion a part-time secretary would be at the location, but most of the time he would be using the facility as a private place for studying. He stated his opinion that the presence of this office would not have a detrimental effect on the neighborhood. He further noted that the church would require the use of this facility for a period of nine to eighteen months. Mayor Pro-tem Runnels asked for comments from individuals in opposition to the request. Mr. Neal Nutall Jr., 300 Walton, stated his opposition to the re- quest. He referred to the elderly people in the neighborhood and the increased danger from traffic, and requested that the Council uphold the law and deny the request for this application. Ms. Carol Bolton, 205 Walton, spoke against the request. She questioned the definition of the use of the office. She pointed out some discrepancies between what was presented at the Planning and Zoning Commission meeting and what was presented to the Coun- cil. She stated that the neighborhood is concerned with the parking and traffic problems that will be created if this request is approved. She noted that all of the houses on Walton are own- er occupied except for one other. She stated that there is a need for some planned revitalization in the area. She reiterated that this project does not have the required setbacks and park- ing. She further stated that this request would not be good for the neighborhood. No one else spoke. The public hearing was closed. REGULAR CITY COUNCIL MEETING THURSDAY, JULY 25, 1985 PAGE 6 A~enda Item No. 11 - Consideration of a Conditional Use Permit for the above office/meetin~ room at 201 Walton. (85-705) Councilman Brown stated his concerns for both the church and the neighborhood. He noted that he had been working to develop a so- lution to the problem that would be favorable to both parties. He explained that he contacted Mr. Bill Fitch to discuss the sit- uation and Mr. Fitch offered the use of a vacant apartment to the church for $100.00/month. He described the dimensions of the apartment and noted that it has enough off street parking to sat- isfy the needs specified in the request. Councilman Boughton expressed her concern for the neighborhood. She noted that the building permit for this project was not au- thorized by the city with the understanding that the structure was to be used for an office/meeting room. She further stated that if the Council grants this permit it will not be in the po- sition to deny other requests for conditional use permits in the area. Councilman Tongco expressed her opinion that the project was an inappropriate use for the neighborhood. Director of Planning Mayo stated that if the church were to use the apartment for an office/meeting room it would still be neces- sary to obtain a conditional use permit. Mr. Beall stated that when he obtained the building permit he followed the proper procedures. He stated that there was no in- tent on his part to do anything other than what he was authorized to do through the building permit. Councilman Boughton moved to deny the request for a conditional use permit for an office/meeting room at 201 Walton and uphold the decision of the Planning and Zoning Commission. Councilman Tongco seconded the motion which was approved unani- mously, 5-0. A~enda Item No. 12 - Report from the City Affairs Council Commit- tee on cable television. Mayor Pro-tem Runnels stated the Committee's recommendation that a Franchise Advisory Committee be established to advise the City Council on all franchise holders in the city. He further stated that one charge of the committee will be to keep the Council ap- prised of changes in Federal Comunication Commission regula- tions, court decisions and legislative changes. He suggested REGULAR CITY COUNCIL MEETING THURSDAY, JULY 25, 1985 PAGE 7 that the committee handle citizen complaints and track the com- plaint log. He further stated that the committee will be advi- sory in nature and will have no authority other than advising the City Council. He suggested that a member of the city staff be appointed to serve as liaison to the committee. He requested the Council Office to advertise the establishment of this committee and accept applications. Student Government Liaison Hachtman urged interested students to apply for this committee since they comprise a large percentage of cable subscribers. A~enda Item No. 13 - CONSENT AGENDA: BIDS: Three wire residential meters - 960 each Philips 3000-42E Word Processor - 1 each Electric system remote metering equipment PLATS: Final Plat - Belmont Place Section One Block Two Subdivision (85-214) Councilman Brown questioned why there was only one bid for the Philips 3000-42E Word Processor. Purchasing Agent McCartney explained that approximately eighteen months ago the city began purchasing word processors and a deci- sion was made at that time to standardize the systems in order to achieve ease in comunication and compatibility between units. She stated that the city bid four or five units and took competi- tive quotations and the Philips was the low bid. Ail items were approved by common consent. A~enda Item No. 14 - Consideration of De~ositor~ Contract Bids. Assistant City Manager VanDever presented the item. He noted that bids were opened on Monday, July 22, 1985. He recommended award of the Depository Contract to University National Bank. Councilman Boughton moved to award the Depository Contract to University National Bank. Councilman Brown seconded the motion which was approved unani- mously, 5-0. Mr. Taylor Riedel, representing University National Bank, stated that the Bank has enjoyed its long standing relationship with the city and is looking forward to working with the city next year. REGULAR CITY COUNCIL MEETING THURSDAY, JULY 25, 1985 PAGE 8 A~enda Item No. 15 - Consideration of a petition to pave a por- tion of Morgans Lane. Mayor Pro-rem Runnels removed Item No. 15 from the agenda. A~enda Item No. 16 - Consideration of award of contract for Dart- mouth/Holleman Street construction. Mayor Pro-tem Runnels removed Item No. 16 from the agenda. Agenda Item No. 17 - Consideration of a Resolution authorizin~ the acquisition by voluntary purchase or condemnation of an ease- ment area described as being 3 strips of land situated in the Morgan Rector League, Abstract 46, out of a 300.0 acre tract of land conveyed to Haldec, Inc. by deed recorded in Volume 394, Pa~e 766 of the Deed Records of Brazos County, Texas. City Attorney Locke presented the item. She stated that this easement is for additional sewerline for the Bee Creek Sewerline, which extends to the Wastewater Treatment Plant. She located the easement on the map. Councilman Boughton moved approval of Resolution No. 07-25-85-17 authorizing the acquisition by voluntary purchase or condemnation of an easement area described as being 3 strips of land situated in the Morgan Rector League, Abstract 46, out of a 300.0 acre tract of land conveyed to Haldec, Inc. Councilman Brown seconded the motion which was approved unani- mously, 5-0. A~enda Item No. 18 - Consideration of a resolution authorizin~ by voluntary ~urchase or condemnation of an easement area described as bein~ a strip of land situated in the Morgan Rector League, Abstract 46, out of a 15.0 acre tract conveyed to Ronald E. Holmes by deed recorded in Volume 617, Page 653 of the Deed Re- cords of Brazos County, Texas. City Attorney Locke presented the item. She stated that this easement is for additional sewerline for the Bee Creek Sewerline, which extends to the Wastewater treatment Plant. She located the easement on the map. Councilman Brown moved approval of Resolution No. 07-25-85-18 au- thorizing by voluntary purchase or condemnation of an easement area described as being a strip of land situated in the Morgan Rector League, Abstract 46, out of a 15.0 acre tract conveyed to Ronald E. Holmes. REGULAR CITY COUNCIL MEETING THURSDAY, JULY 25, 1985 PAGE 9 Councilman Boughton seconded the motion which was approved by a vote of 4-0-1, with Councilman Bond abstaining. Agenda Item No. 19 - Hear Visitors. No one spoke. Agenda Item No. 20 - Closed session to discuss pending litigation [6252-17(2)(e)] and personnel [6252-17(2)(~)]. Personnel [6252-17(2)(g)]. 1. Discussion of Administrative Appointments. 2. Discussion of Citizen Committee Appointments. The Council moved to closed session and later reopened to the public. Agenda Item No. 21 - Action on closed session. Councilman Boughton moved to appoint Kristen Sayre as an alter- nate (4/86) and Dennis Lee O'Neal as a regular member (4/86) to the Energy Management Co~m-ittee. Councilman Brown seconded the motion which was approved unani- mously, 4-0, with Councilman Bond absent from the room. Councilman Brown moved to appoint Charles Freeman as a regular member (4/86) of the Electrical Examining Board. Councilman Boughton seconded the motion which was approved unani- mously, 5-0. Councilman Bond moved to appoint Dorothy Meyer as a regular mem- ber (4/87) of the Zoning Board of ~justment. Councilman Brown seconded the motion which was approved unani- mously, 5-0. Agenda Item No. - Adjourn. Mayor Pro-tem Runnels adjourned the meeting at 10:45 P.M. ATTEST .. /~ / Dian Jo~s/ City Secretary APPROVED: Robert C. Runnels, Mayor Pro-tem GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, JULY 25, 1985 7:00 P.M. 26. 27. 28. 29. 30. 005;50