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HomeMy WebLinkAbout03/27/1986 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 27, 1986 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: Mayor Halter, Councilmen Bond, Tongco, Boughton, Brown, McIlhaney, Runnels None City Manager Cole, Director of Capital Improvements Ash, City Engineer Pullen, City Attorney Locke, City Secretary Jones, Assistant to the Director of PlanninG Callaway, Purchasing Agent McCartney, Deputy Finance Director Schroeder, Council Coordinator Garrett Agenda Item No. 1 - Approval of the minutes of the Cit~ Council Workshop Meeting, March 12, 1986 and the Cit~ Council ReGular Meeting,. March 13, 1986. Councilman Bond moved approval of the minutes of the City Council Workshop Meeting, March 12, 1986 and the City Council Regular Meeting, March 13, 1986. Councilman Runnels unanimously, 7-0. seconded the motion which was approved Mayor Halter moved Item No. 8 before discussion of Item No. 2. AGenda Item No. 8 - Consideration of Letter of Engagement for Annual Audit by Deloitte, Haskins & Sells. Mayor Halter introduced Charles Chafin, representative of Deloitte, Haskins & Sells. Mayor Halter stated that the estima- ted fee is $40,000.00 plus out of pocket expenses estimated at $12,000.00 to $14,000.00. Councilman Bond asked what the estimate was for last year. Mayor Halter replied the fee was $48,400.00. Mayor Halter stated the audit for last year required approximately 2500 hours. Councilman Bond moved approval of the Letter of Engagement for the Annual Audit by Deloitte, Haskins & Sells. Councilman Runnels unanimously, 7-0. seconded the motion which was approved CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 27, 1986 PAGE 2 Agenda Item No. 2 - A public hearing on the question of rezonin~ Block Y, University Park II, from R-3 Townhouse-Rowhouse to C-1 General Commercial (86-104). Jim Callaway, Assistant to Director of Planning, began his pre- sentation by stating that the tract is located on the north side of University Drive and is 1.218 acres. The existing tract is vacant with duplexes adjacent to this tract . He also stated that the applicant has requested A-P zoning because staff and the Planning and Zoning Commission recommended denial of the C-1 zoning. The staff and Planning and Zoning Commission recommend approval of the A-P zoning request. Mayor Halter stated that the request for C-1 was discussed before at a previous meeting and was denied. Councilman McIlhaney asked if the applicant is requesting A-P zoning for this tract. Mr. Callaway responded affirmatively. Councilman Brown asked if there is access onto University Drive and April Bloom Road. Mr. Callaway responded that there is ac- cess to University Drive. Mayor Halter opened the public hearing. Tim Chinn, a engineer from Kling Engineering, representing the owner Allister Rand and applicant Mack Randolph, stated that the owner originally requested the C-1 zoning, but the staff and P&Z Commission did not feel this is the type of zoning for this tract of land. He also responded to Councilman Brown's question con- cerning the access to April Bloom and noted that access could possibly be obtained with a 20 ft. access easement to April Bloom, although the site plan which the P&Z will review would not have access to April Bloom if A-P zoning is granted. He pointed out that the owner has revised his request from C-1 to A-P. Mayor Halter closed the public hearing. Agenda Item No. 3 - Consideration of an ordinance rezoning the above tract. Councilman Brown moved approval of Ordinance No. 1641 rezoning Block Y, University Park II to A-P Administrative-Professional. Councilman Bond seconded the motion which was approved unanimously, 7-0. CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 27, 1986 PAGE 3 Agenda Item No. 4 - A ~ublic hearing on the question of rezoning Lot 2, Block 12, Southwood Sec. 26 (site of the College Station Business Center office/retail/warehouse facility) from C-1 Gen- eral Commercial to C-2 Commerical-Industrial (86-105). Jim Callaway, Assistant to the Director of Planning, presented this item. He stated this tract is developed and the area is re- flected as commercial on the land use plan. He also stated that the office/warehouse design of the project located on the subject tract is attractive to various C-2 uses. Mayor Halter opened the public hearing. No one spoke. Mayor Halter closed the public hearing. Agenda Item No. 5 - Consideration of an ordinance rezonino the above tract. Councilman Tongco moved approval of Ordinance No. 1642 rezoning Lot 2, Block 12, Southwood Sec. 26 from C-1 General-Commercial to C-2 Commercial-Industrial Councilman Boughton seconded the unanimously, 7-0. motion which was approved Agenda Item No. 6 - CONSENT AGENDA: Councilman Tongco asked the staff to clarify the use of iron pipe for the project Bee Creek Interceptor Project Phase I. Ed McDow, a representative from Riewe & Wischmeyer, explained options of materials from which to choose : 1) vitrified clay pipe, 2) ductile iron pipe and 3) reinforced concrete pipe. Mayor Halter commented that the staff should consider other alternatives instead of usinG the vitreous clay. He also com- mented that the Council should consider lonG-term standards for the city's sewer pipes. Ed McDow stated the city's water and sewer standards allow for the thick PVC pipe. Councilman McIlhaney moved approval of the Bee Creek Interceptor Phase I project. Councilman Brown unanimously, 7-0. seconded the motion which was approved CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 27, 1986 PAGE 4 The bid for a substation maintenance contract was approved by common consent. City Manager Cole introduced Jimmy McCord from McCord Engineering to the City Council. Agenda Item No. 7 - Consideration of an ordinance amending Chapter 1, Section 11, Sub-Section B. 1) of the Code of Ordinance, City of College Station, Texas relating to the percentage of Hotel Occupanc~ Tax (for the purpose of retaininq the current level of tax). Cathy Locke presented this item. She stated the Hotel Occupancy Tax Ordinance will expire on June 30, 1986, and the new ordinance as proposed will retain the tax rate at 6%. Councilman Bond moved approval of Ordinance No. 1643 retaining the hotel occupancy tax rate at 6%. Councilman McIlhaney seconded the motion which was approved by a vote of 6-1. FOR: Mayor Halter, Councilmen Brown, McIlhaney, Runnels, Bond, and Boughton. AGAINST: Councilman Tongco Councilman Tongco asked if the ordinance will be discussed openly and voted on each year. Mayor Halter stated that the budget is reviewed each year and during this time all requests for funding are also reviewed. Councilman Bond stated that this item will receive an opportunity to be reviewed each year and this will not escape the Council's attention. Agenda Item No. 9 - Consideration of an ordinance amending Chapter 8 of the Code of Ordinances of the Cit~ of College Station by adding a new Section 11, relatinq to Indemnification of Elected and Appointed Officials and Cit~ Employees. Cathy Locke presented this item. She noted that this ordinance was drafted at the request of City Manager Cole. She stated that the ordinance puts into written form the unwritten policy under which all city employees and officials will be indemnified while carrying out the duties for the office they hold. 005590 CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 27, 1986 PAGE 5 Councilman Bond asked if the language stated in the proposed or- dinance is dictated by a statute. Cathy Locke responded that her source materials included the Bellaire Ordinance, Smith vs. Wade and other cases. Councilman Runnels noted that the Supreme Court recently made a ruling that city employees can be held responsible for damages incurred while acting in city business. Councilman Bond asked for clarification of certain words stated in the ordinance, such as "illegal", "unlawful", "willfully", "intentionally malicious", or "negligent". He stated that an award of contract can be deemed carrying out an unlawful or il- legal act. Cathy Locke stated she reviewed the Texas Tort Claims Act which opens the municipality to the liability on the premises, use of equipment, automobiles, and the fact that the governmental im- munity extended for negligent acts outside of this. She also re- viewed the Supreme Court Case vs. Briggs. Councilman Bond stated his opinion that the acts stated in the ordinance could be proven techinically as illegal in various cases. Mayor Halter asked if the City Council would determine if a case was illegal. Councilman Bond replied affirmatively. Cathy Locke asked if the Council would like to consider putting an "and" instead of an "or" between the stated word "willfully", or "intentionally malicious". Also, the Council may consider the wording when the action arises. Councilman Boughton moved approval of Ordinance No. 1644 relating to indemnification for elected and appointed officials and city employees. Councilman Brown unanimously, 7-0. seconded the motion which was approved Cathy Locke asked for clarification on the wording of paragraph B. The Council concurred to leave the ordinance as proposed , and Mayor Halter asked Councilman Bond to look further into the details within this ordinance and to give council direction at a future meeting. Agenda Item No. 10 - Consideration of an Ordinance amending Chapter 3 of the Code of Ordinances of the City of College Station, Texas, by adding a Section 6 regulating, controlling and governing encroachments into easements. Cathy Locke presented this item. She stated that the Council CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 27, 1986 PAGE 6 previously directed staff to look into the use of a "license to encroach" agreement. The proposed ordinance was prepared from reviewinG forms utilized by the City of Bryan. She stated the ordinance will allow the City Council to review encroachments in- to easements and enable the Council to decide whether or not the encroachment infringed upon the use of the easement or hampered the future utilization of the easement such that removal of the encroachment would impair the property owner. The Council should also determine if the City should collect an application fee. She stated that the City of Bryan's application fee ranges from $250.00 to $1000.00. Cathy Locke also referred to a resolution which would be reviewed each time an encroachment is requested. She stated that the cost is determined from the staff costs. Councilman McIlhaney asked if a survey is required. replied affirmatively. Cathy Locke Councilman Bond moved approval of Ordinance No. 1645 amendinG Chapter 3 of the Code by adding a Section 6 regulatinG, control- linG and Governing encroachments into easements, to include a $250.00 application fee. Councilman TonGco unanimously, 7-0. seconded the motion which was approved A~enda Item No. 11 - Consideration of a Resolution makin~ certain findings of fact and authorizin~ the Ma~or of the City of College Station to execute a License A~reement between the Cit~ of Col- lege Station, Texas, and Applicant, Tom Stimson, pertainin~ to the encroachment of a structure located at Lot 4, Block 4, Ander- son Ridge Subdivision, Phase Four, into the easement. City EnGineer Pullen presented this item. He stated the Staff has worked with the LeGal Dept. in preparation of the encroach- ment agreement for the encroachment of a structure located at Lot 4, Block 4, Anderson RidGe Subdivision, Phase Four, into the easement. Mr. Pullen noted the staff recommends two items as follows: 1) to Grant the license, and 2) to waive any fees, since this is a small encroachment. Councilman Brown moved approval of a resolution executinG an encroachment agreement between the City of ColleGe Station and Applicant, Tom Stimson. Councilman TonGco unanimously, 7-0. seconded the motion which was approved 005591 CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 27, 1986 PAGE 7 AGenda Item No. 12 - Hear Visitors. No one spoke. A~enda Item No. 13 - Closed session to discuss pending litigation [6252-17(2)(e)] and personnel (6252-17(2)(g)]. 1. Personnel ]6252-17(2)(G) A. Discussion of Appointment of Personnel. The Council moved to closed session. AGenda Item No. 14 - Action on closed session. No action was taken in closed session. AGenda Item No. 15 - Adjourn. Mayor Halter adjourned the meeting at 8:50 p.m. APPROVED: ATTEST.- ~ian JCs,-'~it¥ Secretary 005592 GUEST REGISTER Regular City Council Meeting Thursday, March 27, 1986 7:00 P.M. 18. 19. 20. 21. 22. e 23. e 24. Se 25. e 26. 10. 27. 11. 28. 12. 29. 13. 30. 14. 31. 15. 32. 16. 33. 17. 34. 005602