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HomeMy WebLinkAbout09/13/1984 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: VISITORS PRESENT: Mayor Halter, Councilmen Anderson, Boughton, McIlhaney, Prause, Reinke, Runnels None City Manager Bardell, City Attorney Locke, City Secretary Jones, City Engineer Pullen, Assistant Director of Planning Callaway, Deputy Director of Finance Schroeder, Purchasing Agent McCartney, Personnel Manager Dickson, Police Dept. Records Manager Norton, Council Coordinator Jones See guest register. Agenda Item No. 1 - Approval of the minutes of the Workshop City Council Meeting, August 22, 1984 and the Regular City Council Meeting, August 23, 1984. Councilman Anderson moved approval of the minutes of the Workshop City Council Meeting, August 22, 1984 and the Regular City Council Meeting, August 23, 1984. Councilman Boughton seconded the motion which was approved unanimously, 7-0. Agenda Item No. 2 - A public hearing on the question of the necessity for the construction of Miller's Lane in the City of College Station, Texas. City Attorney Locke presented the item. She explained that the proposed ordinance does not call for assessment, but does not preclude it either. She noted that the city is going to begin obtaining right-of-way for this project. Mayor Halter opened the public hearing. Mr. Wayne Keese, resident at 123 Miller's Lane, expressed his concerns and those of his son David, 115 Miller's Lane, about the proposal to widen Miller's Lane. He suggested that city staff take into consideration the concerns of the residents on Miller's Lane when developing the plans for this proposal. He pointed out that the proposal to widen Miller's Lane will require an additional thirty feet of right-of-way, fifteen feet from each 00 .502 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 PAGE 2 side of the street. He stated that the proposal to widen Miller's Lane will destroy the character of the neighborhood, and will possibly cause the residents to provide a cash outlay for a street that does not benefit them. Mr. John Jordan, 117 Miller's Lane, voiced his agreement with the statements made by Mr. Keese. He stated that he enjoys the residential character of the property on Miller's Lane. Mr. Dan Williams, Route 5, Box 1600 (Dowling Road), stated that he had lived on Miller's Lane at one time and was sympathetic with the current residents on Miller's Lane. He requested that the city be fair in purchasing the right-of-way from these individuals. He further stated he will not donate any of his property for right-of-way. Mr. Clint Bertrand, 120 Miller's Lane, stated his support of Mr. Keese's statements. He noted that if this project is completed it will lessen the value of his property and destroy the image of the neighborhood. Mayor Halter closed the public hearing. A~enda Item No. 3 - Consideration of an ordinance declarin~ the necessity for the construction of Miller's Lane in the City of College Station, Texas. Mayor Halter pointed out on the map the proposed extension of Miller's Lane. He explained that Miller's Lane will be extended to the proposed Dartmouth extension, which will be extended to the East Bypass. He noted that in the last seven years there have been three public hearings considering the necessity for the construction of Miller's Lane. He pointed out that Miller's Lane was included in the city's Comprehensive Plan as a major thoroughfare. He explained that there is a possibility that State Highway money will be used for construction of Miller's Lane. He further stated that he appreciates the position of the residents of Miller's Lane, but the broader needs of the city must also be considered. He confirmed that this project will primarily benefit the other citizens of College Station, rather than the residents of Miller's Lane. Councilman Reinke asked what is the present width of pavement on Miller's Lane. City Engineer Pullen stated that there is approximately fifty feet of right-of-way and twenty to twenty-four feet of actual pavement. 00/ 503 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 PAGE 3 After further discussion, Councilman Anderson moved approval of Ordinance No. 1547 declaring the necessity for the construction of Miller's Lane in the City of College Station, Texas. Councilman Boughton seconded the motion which was approved unanimously, 7-0. Agenda Item No. 4 - A public hearing on the question of rezoning Lot 6 Block 1 Cooner Addition (111 Cooner) from Apartments Medium Density District R-5 to Administrative-Professional District A-P. Application is in the name of Dorman And Shirley Shockley. (84-116). Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns Lot 6 Block 1 Cooner Addition (111Cooner) from Apartments Medium Density District R-5 to Administrative-Professional District A-P. He noted that the area is reflected as commercial on the city's Land Use Plan. He stated that city staff recommends approval of this request for the following reasons: (1) This area is reflected as commercial on the land use plan; (2) This lot is impacted by the existing commercial and public (substation) uses in the area; (3) A-P zoning is compatible with existing zoning and uses in the area; and, (4) A-P Zoning is preferable to other commercial zoning districts on a lot of this size. He further stated that the Planning and Zoning Commission voted unanimously (4-0) to approve this request on 8-16-84. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 5 - Consideration of an ordinance rezoning the above tract. Councilman Boughton moved approval of Ordinance No. 1548 rezoning the above tract. Councilman Anderson seconded the motion which was approved unanimously, 7-0. Agenda Item No. 6 - CONSENT AGENDA: BIDS: Economy Pickup Truck - 1 each (Bid 85-23) 3/4 Ton Truck, Cab/Chassis only - 1 each (Bid 85-25) Pad-Mounted Transformers - 2 each (Bid 85-22) All-Aluminum conductor wire - 10 reels (Bid 85-21) REA Class 2 Poles - 46 poles (Bid 85-20) 00 50 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 PAGE 4 PLATS: Final Plat - Herman F. Krenek Subdivision Phase One (Lots 1 & 2) (84-223) Final Plat - Resubdivision of Block B Eastmark Addi- tion (84-224) Final Plat - Replat of Lot 9 and Lot 10 Block 7 College Hills Estates First Installment (84-225) Final Plat - Replat Lot 5 Block 1 Post Oak Mall (84-226) Preliminary Plat - Herman F. Krenek Subdivision (84-309) Mayor Halter stated that the Economy Pickup Truck (Bid 85-23) was to be funded from the Unappropriated Bond Fund Balance rather than the Bond Fund as indicated on the memorandum included in the packets. Councilman Runnels requested that the Final Plat - Herman F. Krenek Subdivision Phase One (84-223) and the Preliminary Plat - Herman F. Krenek Subdivision (84-309) be removed from the consent agenda. Councilman McIlhaney requested that the all-aluminum conductor wire (Bid 85-21) be removed from the consent agenda. Ail items not removed were approved by common consent. Councilman McIlhaney asked why it is necessary to award the all-aluminum conductor wire bid to the supplier with the materials in stock. Purchasing Agent McCartney read a memorandum prepared by Joe Guidry, Electrical Superintendent, which outlined the reasons for recommending that the Bid be awarded to the agent with the wire in stock. She noted that there is less than a ten percent difference in the price between the low bidder and the recommended bidder. Councilman Boughton moved to award the Bid for the all-aluminum conductor wire to Power Supply. Councilman Prause seconded the motion which was approved unanimously, 7-0. 00 505 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 PAGE 5 Councilman Runnels asked if the Final Plat - Herman F. Krenek Subdivision Phase One (84-223) and the Preliminary Plat - Herman F. Krenek (84-309) were the same. He questioned whether there is city policy addressing a minimum time period which must elapse between approval of the preliminary plat and the final plat. Assistant Director of Planning Callaway stated that the city has no restrictions concerning the minimum amount of time which must elapse between approval of the preliminary and final plat. He further stated that the Final Plat - Herman F. Krenek Subdivision Phase One (84-223) represents approximately a 1.49 acre tract out of the entire piece of property. He pointed out that the Preliminary Plat - Herman F. Krenek (84-309) includes the entire four acre tract north of the Brentwood Addition. Councilman Runnels noted that in the past this area has had some difficulty with access. Assistant Director of Planning Callaway stated that the proposed Cornell extension will cross north of the property and will resolve any access problems associated with this property. Councilman Runnels moved approval of the Final Plat - Herman F. Krenek Phase One (Lots 1 & 2) (84-223) and the Preliminary Plat - Herman F. Krenek Subdivision (84-309). Councilman Boughton seconded the motion which was approved unanimously, 7-0. A~enda Item No. 7 - Consideration of an ordinance receivin~ 25.82 acres of land which are a ~art of and extension to the existin~ $outhwood Valle~ Athletic Complex located ap~roximatel~ 1000 feet southeast of the intersection of Rock Prairie Road and Rio Grande Drive into the Cit~ Limits. (Public hearings held on August 16 and August 23, 1984.) (84-601) Assistant Director of Planning Callaway pointed out on the map the portion of the park that was not previously annexed. Councilman Boughton moved approval of Ordinance No. 1549 receiving 25.82 acres of land which are a part of and extension to the existing Southwood Valley Athletic Complex into the City Limits. Councilman McIlhaney seconded the motion which was approved unanimously, 7-0. 00 506 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 PAGE 6 A~enda Item No. 8 - Second consideration of an ordinance ~rantin~ to McCaw BCS Communications, Inc. a franchise and privilege to build, use, maintain and operate a system for the purpose of receiving, amplifyin~ and distributin~ television signals in the City of College Station, Texas. City Attorney Locke presented the item. She listed the changes that were made in the proposed ordinance revising the cable TV franchise ordinance, as follows: (1) Addition of some clarifying language to the "Whereas" section the second from the last paragraph; (2) Addition of Section 19; and, (3) Addition of definitions for the terms "Programming Costs", "Bad Debt Write-Off", "Governmental Taxes" and "Copyright Fees". Mr. David Fisher requested a copy of the proposed ordinance. Councilman Runnels moved approval of the second consideration of Ordinance No. 1546 granting to McCaw BCS Communications, Inc. a franchise and privilege to build, use, maintain and operate a system for the purpose of receiving, amplifying and distributing television signals in the City of College Station, Texas, with the additions as noted by the City Attorney. Councilman Anderson seconded the motion which was approved unanimously, 7-0. Agenda Item No. 9 - Consideration of approval of oversize payment requests for sewer and streets. Deputy Director of Finance Schroeder presented the item. He stated that requests for payment on two projects that the City Engineer has accepted as complete have been received. He explained that the first request from Jan-Wic Homes, Inc. is for oversize sewer participation in the Ashford Square Subdivision in the amount of $8,327.30. He recommended payment of the request from 1984 Utility Revenue Bonds. He noted that the second request for payment from Tiller Corporation was for street construction on Rock Prairie Road. He recommended that payment of the oversize share, $50,348.50 be from the 1984 General Obligation Bonds and the remaining amount of $61,529.25, which is the city's share of the cost of construction as agreed upon when the land for Southwood Athletic Park was purchased, be from unappropriated monies in the 1978-II General Obligation Bond fund. Councilman Reinke asked what the balance of the sewer and street oversize participation funds will be if these requests for payment are approved. 00 507 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 PAGE 7 Deputy Director of Finance Schroeder stated that the 1984 sewer oversize participation fund was approved in the amount of $900,000.00 and this payment would be the first draw on that fund. He further stated that after payment of the request from Tiller Corporation the balance of the street oversize participation fund will be approximately $900,000.00. Councilman Boughton moved to authorize payment of the oversize participation requests for sewer and streets as recommended by city staff. Councilman Runnels seconded the motion which was approved unanimously, 7-0. Agenda Item No. 10 - Consideration of a Resolution authorizing the City Manager to sign a contract with Nixdorf Computer Corporation for installation of computer system at College Station Police Department and Fire Department. City Attorney Locke presented the item. She stated that the contract is for the purchase of a computer system to supply the Police Department and Fire Department. She noted that the proposed contract is the result of negotiations with Nixdorf Computer Corporation. She stated that the contract calls for a combined installation and service contract, which provides a thirty day acceptance period after installation for each piece of hardware and software. She explained that after all the hardware and software equipment has been accepted by the city the contract provides a ninety day warranty for all equipment. She further noted that after the ninety day warranty period the service agreement will go into effect. She pointed out two things relating to the service agreement, as follows: (1) The contract calls for a normal service agreement, which provides eight to five service for preventive maintenance; (2) The contract requires that the company provide service after normal business hours, but the city will be required to pay their standard service costs for such service. She listed several changes in the contract which were made to clarify the contract as follows: (1) Page 16, Section II, the phrase "BUYER shall have thirty (30) days to accept or reject any Equipment after installation" was added; (2) Page 18, included in Section VI that Texas Law will apply; (3) Eliminated Section XIX; (4) Page 20, last paragraph, the word "by" was added; (5) Exhibit "E", Page 4, No. 1 should be corrected to read "Customer will provide Seller with a statement of Buyer's tax exempt status and number." Councilman Reinke stated that she is very pleased with the proposed contract. She noted that the addition of this computer system will be a plus for the city. She commended the staff for 00 508 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 PAGE 8 their work on this project. Councilman Reinke moved approval of Resolution No. 09-13-84-10 authorizing the City Manager to sign a contract with Nixdorf Computer Corporation for installation of a computer system at College Station Police Department and Fire Department. Councilman Anderson seconded the motion which was approved unanimously, 7-0. Agenda Item No. 11 - Consideration of a Resolution authorizing the City Manager, Mayor, City Attorney and City Secretary to si~n a cooperative agreement with Brazos County Public Health District. City Attorney Locke presented the item. She explained that Article 4436b, Texas Civil Statutes, established a Public Health District, which shall consist of the Brazos County Commissioners Court and the City Councils of the incorporated municipalities of Bryan and College Station which are located within Brazos County. She noted that this agreement will provide the city more contact with the Brazos County Health Department officials and provide more control in the direction of health care. She further stated that the Bryan City Council has approved this agreement. Councilman Boughton moved approval of Resolution No. 09-13-84-11 authorizing the City Manager, Mayor, City Attorney and City Secretary to sign a cooperative agreement with Brazos County Public Health District. Councilman Reinke seconded the motion which was approved unanimously, 7-0. Agenda Item No. 12 - Consideration of a Resolution authorizing the City Manager to execute a Settlement A~reement with McGraw-Edison Company and Electric Power Engineers, Inc. City Attorney Locke presented the item. She explained that the agreement calls for the city to receive $80,000.00 in the following amounts: $30,000.00 from McGraw-Edison; $25,000.00 from Electric Power Engineers, with the remainder from Electric Power Engineers in the form of work credit for a three year period. She explained that after this Resolution is approved it will be submitted to the appellate court in Houston with a motion for dismissal of the appeal. WORKSHOP CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 PAGE 9 Councilman Runnels moved approval of Resolution No. 09-13-84-12 authorizing the City Manager to execute a Settlement Agreement with McGraw-Edison Company and Electric Power Engineers, Inc. Councilman Reinke seconded the motion which was approved unanimously, 7-0. A~enda Item No. 13 - Consideration of a Resolution authorizin~ the City Manager to sign a letter of agreement to secure a scoreboard sign for Central Park. Mayor Halter referred to the letter in the packet drafted by North Bardell, City Manager, to Mr. Jim Pillans of the Brazos Beverage Company concerning a proposal for the installation of a scoreboard at Central Park. He explained that Brazos Beverage Company offered to provide the city with a scoreboard sign free of charge in return for advertising for a period of ten years. Councilman McIlhaney expressed her appreciation for the generosity of Brazos Beverage Company in offering the sign, but noted concern with implied sponsorship (exclusive) of a particular product by the City Council. Recreation Superintendent Rodgers explained that ten scoreboard signs are needed. She noted that five signs had already been obtained and only Brazos Beverage Company had requested that the city agree to the terms that are outlined in the agreement. She listed the other entities which have offered to provide a sign: Coca-Cola; United Bank; Texana National Bank; a private individual; and, Brazos Beverage Company. She stated that each scoreboard cost approximately $1580.00 plus $2.00 per letter on the sponsor's panel. City Manager Bardell stated that it is traditional to have advertising on scoreboards. He noted that Brazos Beverage Company is requesting a guarantee that their investment is of value to them over a ten year period. He pointed out that it would be to the city's advantage to have these scoreboards provided by private entities. He noted that amenities like electronic scoreboards will help the city attract more state and regional tournaments. Councilman Runnels moved to refer this matter to the City Affairs Council Committee for determination of the city's general policy concerning signs in city parks and this type of agreement. O0l,. 51 0 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 PAGE 10 Councilman McIlhaney seconded the motion which was approved by a vote of 5-2 as follows: FOR: Councilmen Boughton, McIlhaney, Prause, Reinke and Runnels AGAINST: Mayor Halter and Councilman Anderson A~enda Item No. 14 - Hear Visitors. Mr. David Fisher directed several questions to Mr. Joe DiBacco, Regional Manager for McCaw BCS Communications Companies, Inc., concerning points in the proposed cable TV franchise ordinance. He stated his hopes that McCaw will provide first class service. Mr. John Jordan, 117 Miller's Lane, wanted to bring up additional points concerning the proposed project for Miller's Lane. He noted his appreciation of the services provided by the city, but wanted to express his fear that the neighborhood character will be destroyed by the proposed project. Mr. Steven Bertrand, 118 Miller's Lane, voiced his concern with the traffic hazards that will be created by widening the street. A~enda Item No. 15 - Closed session to discuss ~endin~ litigation [6252-17(2)(e)]. The Council moved to closed session and later reopened to the public. Agenda Item No. 16 - Action on closed session. No action was taken on closed session. A~enda Item No. 17 - Adjourn. Mayor Halter adjourned ATTEST: Dian Jo~/, City Secretary the meeting at 8:45 P.M~ A P P R~~ .//. ~~__~ Gary ~, Mayor 00 511 GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 13, 1984 7=00 P.M. mo e Se e o 27. 31. 32. 00/ 512