HomeMy WebLinkAbout06/22/1970 - Regular Minutes - City CouncilMINUTES
CITY COUNCIL REGULAR MEETING
CITY OF COLLEGE STATION, TEXAS
June 22, 1970
7:00 p. m.
Members Present: Mayor D. A. Anderson; Councilmen Cecil B. Ryan,
Joseph J. McGraw, James H. Dozier, Bill J. Cooley,
Dan R. Davis, and C. H. Ransdell; City Manager
Ran Boswell; City Secretary Lynda Swoveland;
City Engineer Lloyd James; City Planner George Eby;
and Assistant City Attorney Tom Giesenschlag
Visitors Present: See Visitors Guest Book in Vault at City Hall
Mayor Anderson called the meeting to order at 7:00 p.m. in the Council Room of
the City Hall in College Station, Texas.
On motion by Councilman McGraw, seconded by Councilman Davis, the Minutes of
May 25, 1970 regular meeting were approved as written. Motion carried.
For the benefit of citizens present, Mayor Anderson briefly explained the items on
the Agenda. He then opened the floor for discussion of Agenda items, for the benefit of
citizens present who might have to leave the meeting before it was over. A citizen
present, Mr. Jim Carpenter, 510 Gilchrist, stated he was in favor of approving the
franchise for Community Cablevision Corporation, There being no further comments,
Mayor Anderson closed the floor for discussion.
Mayor Anderson then called for consideration of the request from Lone Star Gas
Company to relocate a 6 -inch gas line on the C. I. Miller property, as it crosses Bee
Creek. City Manager Boswell recommended that the city pay the estimate in the amount
of $3, 030. 71, for the relocation of this 6 -inch gas line as it crosses Bee Creek. On
motion by Councilman Ransdell, seconded by Councilman Ryan, the recommendation
of the City Manager was accepted. Motion carried.
The next item considered was the recommendation of the Plumbing Appeals and
Advisory Board as it related to amendment of Plumbing Code to use of plastic pipe.
At the June 10, 1970 meeting, this group made a recommendation to the City Council
as follows: `
"That Plumbing Ordinance No. 511 be amended to include the use of certain
plastics in:
1. Water service lines (yard lines)
2. Building sewer lines (yard lines)
3. Waste and vent above the slab
All pipe shall meet the specifications of the National Sanitation Foundation
Testing Laboratory, Inc., and show their mark. "
Minutes, City Council Meeting, June 22, 1970 Page 2
Bennie Luedke, Water & Sewer Superintendent for the City, briefly explained why the
Plumbing Board had made this recommendation. After some discussion, in which
the Mayor expressed that his only concern was that it protect the citizens, Councilman
Ryan moved that the recommendation for amending the Plumbing Ordinance No. 511 be
accepted and that a specific amendment be drawn up for consideration by the Council
at its next meeting. Motion was seconded by Councilman McGraw. Motion carried.
City Manager Boswell made a recommendation that no change be made in the
utility billing date and briefly stated his reasons in favor of the recommendation. One
major concern is that the city would have to borrow money to pay their monthly bills
if this change were made. Councilman Cooley moved that the recommendation of the
City Manager be accepted, and the utility billing date remain as it presently is.
Councilman Ransdell seconded the motion. Motion carried.
The matter of a night depository as brought up originally at the May 25 council
meeting was discussed at this time. The City Manager recommended that a night
depository could be installed near the drive-in window. Councilman Ryan moved that
the recommendation of the City Manager for the installation of a night depository be
accepted. Motion was seconded by Councilman McGraw. Motion carried.
It was agreed by Council members that Friday, June 26, 1970 at 7:00 p.m. would
be the date set for the public hearing on the budget for the 1970-71 fiscal year.
City Manager Boswell recommended Nelson Durst of Durst, Wood & Ingram CPA
firm to audit the city records for the FY 1969-70. He recommended them due to the
fact that they have all the city records for the past several years and are familiar with
them. Also, they charge a reasonable rate for the audit.
Councilman Ransdell moved that the City Manager's recommendation to obtain the
services of Durst, Wood & Ingram CPA firm to audit the city records for FY 1969-70
be accepted. Motion was seconded by Councilman Davis. Motion carried.
In connection with the audit, the Mayor asked that Mr. Durst appear before the
Council after the audit so that the Council might ask questions on items therein.
The Council reviewed bids for the Wading Pool in Thomas Park. They were:
R. B. Butler, Inc. $2,707.00
Porterfield Asphalt & Gravel Co. $2,100.48
The City Manager recommended the city accept the low bid of Porterfield Asphalt &
Gravel Company. On motion by Councilman Davis, seconded by Councilman Ransdell,
the bid of Porterfield Asphalt & Gravel Company was approved in the amount of $2,100.48.
Motion carried.
(�3
Minutes, City Council Meeting, June 22, 1970
Page 3
Mayor Anderson briefly explained the Airport Study Committee Resolution. He
stated that three persons from College Station would be appointed to work with other
appointees to this committee to study the needs of airport facilities in Brazos County.
He reported that the County and the City of Bryan have approved the Resolution. On
motion by Councilman McGraw, seconded by Councilman Dozier, and approved by
the Council, the Mayor was authorized to sign this Resolution, which is as follows:
"RESOLUTION
WHEREAS, the subject of airport facilities has been under consideration and
discussion for a long period of time; and
WHEREAS, the Board of Directors of Texas A&M University has by Resolution
called upon Brazos County, the City of Bryan and the City of College Station for
financial assistance to provide adequate airport services for the region; and
WHEREAS, there is a recognized need for adequate airport facilities for growing
public transportation needs and the stimulation of economic growth; and
WHEREAS, Texas A&M University has stated that it cannot continue to provide
adequate airport facilities necessary to the progress and growth of the community; and
WHEREAS, there exists a need for a comprehensive study of airport needs, costs
and solutions;
NOW, THEREFORE, BE IT RESOLVED by the Commissioners' Court of Brazos
County, Texas, the Commission of the City of Bryan, Texas and the City Council of the
City of College Station, Texas, acting jointly, that there be, and there is hereby created
a joint Airport Study Committee of 11 members to be appointed as follows:
A Chairman to be appointed jointly by the County Judge, the Mayor of the
City of Bryan and the Mayor of the City of College Station.
3 members to be appointed by the County Judge.
3 members to be appointed by the Mayor of the City of Bryan.
3 members to be appointed by the Mayor of the City of College Station.
1 member to be appointed by the Acting President of Texas A&M University.
BE IT FURTHER RESOLVED that the Airport Study Committee be, and they are
hereby charged with the responsibility of making a comprehensive study of means of
providing adequate airport facilities to insure the existence of an airport suitable to
the anticipated growth of this area, and making a recommendation at the earliest
practicable date, to the Commissioners' Court, the City Commission of Bryan and
the City Council of College Station, as to the most feasible means for providing and
financing such facilities; and
BE IT FURTHER RESOLVED that the Airport Study Committee meet at such
times and places as may be designated by the Chairman; and
BE IT FURTHER RESOLVED that Brazos County, the City of Bryan, and the City
of College Station hereby express their willingness to provide said Committee with such
data and information as may be deemed necessary by said Committee in the furtherance
of the accomplishments of its objective as herein set forth;
Minutes, City Council Meeting, June 22, 1970
Page 4
BE IT FURTHER RESOLVED that the citizens of Brazos County, Texas are
encouraged to express their views concerning the subject matter of this study to the
Committee in order that its recommendations may have a broad base of community
support.
APPROVED this 22nd day of June, 1970:'
City Manager Boswell explained that the city had been trying to locate suitable
land for a landfill, but to date, had been unable to do so. He recommended that the pro-
posal the city had received from William D. Fitch, and as contained in his letter of June 4,
1970, be tabled, and further explained that the city was trying to work out an agreement
with the University, whereby their facilities could be used until the city could obtain their
own. There were a few comments from citizens present concerning this matter of
dumping garbage at the University site at the present time.
Councilman McGraw moved that the recommendation of the City Manager be accepted
for tabling the present proposal for a landfill and that the city try and work out an agreement
with the University until a landfill site can be obtained for the city. Motion was seconded
by Councilman Ransdell. Motion carried. The City Manager will continue to follow up on
locating a suitable landfill site, as well as negotiate with the University for continuation
of use of their present facilities.
Mayor Anderson explained that since the Council has acted favorably to the use of
the old Council Room facilities at 101 Church Street, a policy needed to be formulated
for use of the facilities. The Mayor briefly read the policy he had evolved for the benefit
of citizens present.
Councilman Ryan moved that the Council adopt the Policy for the Use of the Old
Council Room Facilities. Motion was seconded by Councilman McGraw. Motion carried.
Councilman Cooley suggested a copy of this policy be posted in the old Council Room
facilities, so that those using the facilities would know the rules and regulations. The
City Manager was requested to act accordingly. The policy is as follows:
"COUNCIL POLICY
On Use of
OLD CITY HALL BY PUBLIC GROUPS
1. GENERAL:
a. As a service to responsible citizen groups, it is the wish of the City Council
that a portion of the old city hall be made available for their use. This
includes the Council Room, toilet facilities, and snack area. The latter
contains a refrigerator and electrical outlets for heating purposes.
b. The Council, through the City Manager, reserves the right to refuse its use
by any group that is not in the best interest of the city.
C. The Council is trying to provide a service to the citizens at no cost to them.
Should the privilege be abused through damage or mis-use, it may be .
necessary to institute a charge, or otherwise revert it from the use intended.
d. The cooperation of the public is solicited to make the plan operative.
J
Minutes, City Council Meeting, June 22, 1970
Page 5
}
2. PROCEDURE FOR USE OF FACILITIES:
a. A responsible citizen associated with a citizen group must make application
for use of the facilities through the City Secretary.
b. The application will be forwarded to the City Manager for his approval or
disapproval.
C. An application may be made for a one-time use or on a scheduled monthly
basis.
3. PERIOD OF USE:
a. The citizen making the application may pick up the key to the facilities the
day before usage from the City Secretary. He or she is responsible for
returning the key the day following the meeting, as soon as possible.
b. Failure to return the key promptly will be grounds for denying subsequent
use of the Council room.
4. CARE OF FACILITIES:
a. The citizen responsible for the meeting will turn on the heat or air conditioner
prior to the meeting.
b. All trash will be placed in a container provided upon completion of meeting.
C. Chairs will be arranged in a presentable condition before departure.
d. The air conditioner or heater and lights will be turned off and the door locked.
e. If any condition is noted that needs to be remedied, it should be called to the
attention of the City Secretary upon return of the key. "
The Mayor briefly explained the proposed recommendation from the Planning and
Zoning Commission on Tax Assessment Policies. Councilman Ryan commented that in
order for the tax assessor to comply with this recommendation, a complete description
of property, with the name of the individual owner involved should be furnished to the
tax assessor by the Planning and Zoning Commission, so that the tax assessor -collector
can comply with the recommendation.
After some discussion, Councilman Dozier moved to adopt the proposed recommen-
dation on tax assessment policies with the deletion of paragraph (c) adding the recommendation
of Councilman Ryan. Motion was seconded by Councilman McGraw. Motion carried.
The Policy, as adopted, is as follows:
"TAX ASSESSMENT POLICIES
(a) When the City Council approves a change in the zoning of property, the
tax assessor shall adjust the assessment of that property effective as of
January 1 of the following year. A complete property description, with the
name of the individual owner involved, should be furnished to the tax assessor
by the Planning and Zoning Commission.
(b) When property is employed in a "non -conforming use", the tax assessor
shall assess the property at the higher of the two possible bases, either the
rate for the non -conforming use or the rate for the approved and zoned use. "
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6
Minutes, City Council Meeting, June 22, 1970 Page 6
Considered by the Council was Ordinance No. 686, an ordinance calling for a public
hearing on the question of rezoning a 13.736 acre tract of land located at the intersection
of Highway 30 and Highway 6 By-pass from District No. 1, first dwelling house district
to District No. 4, first business district (P&Z Case #23-70). Mayor Anderson related
the circumstances surrounding the case, relating there was some question as to rules of
order. He stated, however, that he was convinced that it was an honest mistake and
that the Planning and Zoning Commission had acted in good faith.
The Mayor further related that it was the policy of the Council that the Planning
and Zoning Commission publish an agenda, advise the press as to agenda and date of
meeting, inform property owners living within 200 feet of a proposed zone change, and
hold a public hearing whereby the public and developer may be heard.
The Mayor called on the City Attorney as to the legality of the Council, calling a
public hearing on Ordinance No. 686, in view of some questions raised on the matter.
The opinion of the City Attorney was that the City Council would be within its power
to call the public hearing, if they so desired, because they were the legislative body,
in contrast to the Planning and Zoning Commission, which was but an Advisory Committee.
Dr. H. O. Hartley read a letter from citizens on Dominik, concerning this zoning
case, opposing the manner in which it was handled.
Mr. Seaback, developer of the area in question, addressed the Council members
in defense of his case for rezoning.
After considerable discussion, Councilman Dozier moved that Ordinance No. 686,
an ordinance calling for a public hearing on the question of rezoning a 13.736 acre tract
of land located at the intersection of Highway 30 and Highway 6 East By-pass from
District No. 1, first dwelling house district to District No. 4, first business district,
not be adopted. He further moved that the zoning case should be referred back to the
Planning and Zoning Commission. Motion was seconded by Councilman McGraw.
Motion carried.
On motion by Councilman Ransdell, seconded by Councilman Davis, Ordinance
No. 687, an ordinance calling for a public hearing on the question of rezoning Tract
No. 9, a 2.987 acre tract, situated in the Morgan Rector League, located on Krenek
Tap Road (formerly Stasney Lane), from District No. 1, first dwelling house district
to District No. 3-A, Mobile Home Park District, was passed. Motion carried.
Mayor Anderson then considered the request of Community Cablevision for a third
reading of the Ordinance (No. 593), permitting them to operate in the city. Mayor
Anderson explained that in August, 1968, the first reading had been approved on
Ordinance No. 593, the second reading approved in September of 1968 and the third
reading tabled in October of 1968, and discussed, but not removed from the table,
but disapproved again on August 25, 1969. The ordinance was a request for a franchise
for Community Cablevision Corporation to operate a cablevision company within the
City of College Station.
Minutes, City Council Meeting, June 22, 1970 Page 7
Mayor Anderson gave, as background to the matter at hand, a further overview
relating contemplated action by FCC to take over full control of all Cable Systems and
read a letter he had received from Sol Schildhause, Cable Television Bureau of F. C. C.
dated June 17, in response to his request, seeking counsel on granting a second franchise.
Points contained therein related to the legal, financial, technical qualifications of
franchise applicant and cable operator and the consideration of waste in duplication of
facilities.
Mr. Don Adam, President of Community Cablevision, spoke to the Council in
behalf of his company.
Mr. George Morrell, President of Midwest Video Corporation, addressed the
council in a discussion concerning his cable company.
After considerable discussion between representatives of the two companies,
Councilman Ransdell moved that Ordinance No. 593, an ordinance granting to Community
Cablevision Corporation and its successors and assigns a franchise and privilege to
operate in the City of College Station for a period of ten years be granted on the third
reading. Motion was seconded by Councilman McGraw. In response to questions, Don
Adam agreed that his company would adhere strictly to the National Safety Code and that
he would submit to the Council a C. P.A. statement, as to the financial responsibility
of the company.
The City Attorney was then asked for his opinion concerning a change in the wording
of the ordinance, such as the period of time the franchise could be granted for. The
City Attorney was of the opinion that, according to the City Charter, in granting a
franchise, the ordinance must be read three times, and that a change in period of franchise
would require three additional readings. He related, however, that a change in Section 15
as to payment date is minor and could be covered by a separate agreement. Trus, based
on the Bryan Ordinance, which granted a franchise, adding the use of school telecasting
could be incorporated. He explained that since there had been a lengthy period of time
lapse from the first reading in August of 1968 to the present, some minor changes
would be necessary.
Councilman Ransdell then revised his motion to read that Ordinance No. 593 be
granted to Community Cablevision Corporation and its successors and assigns to operate
a franchise in the City of College Station for a 10 -year period, with the following
recommendations to be included as it is worded in Section 15 of the Bryan Ordinance,
which concerns a channel for use by the schools within the city. Councilman McGraw
seconded the revised motion. Motion carried.
Councilman Cooley suggested that a place be set up in College Station whereby
citizens could pay their cablevision monthly rental fee. Mr. Adams. stated he felt this
could be arranged.
City Engineer James gave a brief report on cost estimates for completion of
Holleman Drive from Glade to Winding Road. The estimate for this work was $31, 000
to $33, 800. /,,
Minutes, City Council Meeting, June 22, 1970
Page 8
City Engineer James further reported that cost estimates for Welsh Street to
Holleman Drive completion would be approximately $22,400 to $29, 000. He presented
a brief sketch of Southwest Parkway but stated he did not have the actual estimates worked
up at the present time.
Mr. Perkins from Woodson Lumber Company was asked to meet with the City
Engineer and City Manager to try and work out an acceptable alignment for the
extension of Holleman Drive from Glade to Winding Road. There was some discussion
concerning who would pay for the cost of the bridge and the street extension.
Mr. Perkins stated he would meet with the City Engineer and try and work out an
acceptable agreement.
The City Engineer also presented a draft of a Policy for Drainage and Drainage
Structures for review and comments by Councilmen. The Mayor asked Councilman
McGraw, who made a suggestion, to make recommendations in writing, concerning
this drainage policy, as well as other councilmen.
Mrs. Verrips, a citizen present, inquired about the drainage on Live Oak Street
and asked if this proposed drainage policy would apply to her case. The City Engineer
related that this proposed policy was only for new subdivisions. He further stated
that in the older sections of town, each case would have to be individually investigated.
City Manager Boswell reported that, on the Neighborhood Youth Corps Project,
the City had six young men instead of four working and they are in the electrical and
water departments. He explained that they were doing a good job. A counselor comes
every other Wednesday to discuss any problems the boys might be having and to counsel
with them.
City Manager Boswell reported that 3.64 miles of streets had been paved in the
1970 Street Repair Program ending in June, 1970.
On motion by Councilman Ransdell, seconded by Councilman Cooley, the City
Manager was authorized to pay an estimate in the amount of $17, 675.40 on Tarrow
Street Extension. Motion carried.
Mrs. Miller, a citizen who resides at 504 Guernsey complained that her street
had not been repaired properly. The City Manager was asked to check into this matter
and remedy the situation.
Mayor Anderson read a Resolution as follows on behalf of two families in the
City who were concerned about loved ones. On motion by Councilman Ryan, seconded
by Councilman Ransdell, the Mayor was authorized to sign this Resolution on behalf
of the City Council. Motion carried. The Resolution is as follows:
�'
Minutes, City Council Meeting, June 22, 1970 Page 9
"RESOLUTION
IN SUPPORT OF CAPTURED AMERICAN AND ALLIED
FIGHTING MEN AND THOSE MISSING IN ACTION IN THE
VIETNAM CONFLICT
WHEREAS, Article VI of the United States Constitution specifically states that provisions of
treaties ratified by the United States Government become the "supreme law of the
land", notwithstanding contrary limitations of the Constitution itself; and
WHEREAS, notwithstanding solemn promises ratified at the international conference at Geneva
that all prisoners of war captured would be given the respect of humane treatment;
that Article 2 of the convention provides that it "shall apply to all cases of declared
war or any other armed conflict which may arise between two or more of the High
Contracting parties, even if the state of war is not recognized by one of them. "
WHEREAS, the Government of North Vietnam acceded to the convention on June 28, 1957, and
the government of South Vietnam acceded to the convention on November 14, 1953,
and the government of the United States acceded to the convention on August 2, 1955;
no pretense of compliance has been advanced by North Vietnam or the National
Liberation Front (Viet Cong) despite a request to do so on June 11, 1965, by
Jacques Freymond, Vice President of the International Committee of the Red Cross
and numerous appeals by international humanitarian organizations subsequently,
and
WHEREAS, repeated appeals on the part of wives, parents, relatives, and dependents of
those unfortunate victims of Communist inhumanity have proven ineffective through
diplomatic, military and humanitarian channels.
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL, CITY OF COLLEGE
STATION, TEXAS, condemn in the strongest terms the repressive and cruel treatment of
American and allied prisoners and petition that the government of North Vietnam act as
follows to:
1. Observe the international accords of the Geneva Convention in the
same manner the government of South Vietnam accords to captured
troops of the North Vietnam government and their allies.
2. Release names and physical condition of all prisoners held.
3. Immediately release sick and wounded prisoners.
4. Provide for impartial inspections of prisoners of war facilities by
international humanitarian organizations.
5. Provide for medical treatment of all prisoners.
6. Provide for regular flow of mail, food, and comfort items.
7. Cease using prisoners for purposes of public degradation, political pro-
poganda and mental torture of prisoners and their innocent families.
8. Agree to immediately negotiate through international humanitarian
organizations for the fair and equitable exchange of prisoners of both
sides.
%prWoze
Minutes, City Council Meeting, June 22, 1970
Resolution in Support of Captured American and Allied Fighting Men
and Those Missing in Action in the Vietnam Conflict ( continued from Page 9 )
Adopted this 22nd day of June, 1970. "
D. A. Anderson, Mayor
ATTEST:
y CU
City Secretary
Page 10
City Planner Eby asked what the City Planner's inter -relationship was with the
City Planning and Zoning Commission. He stated that he felt he did not know exactly
where he stood as to whether to make recommendations to the Commission or not.
Some discussion followed this item. Mayor Anderson stated that this matter will
be resolved. The City Manager was asked to resolve relationships with the Planning
and Zoning Commission.
On motion by Councilman Dozier, seconded by Councilman McGraw, the
meeting was adjourned, subject to call.
APPROVED:
Mayor
ATT ST;
Cit Secretary
las
0101 71
AGENDA
REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION, TEXAS
June 22, 1970
7:00 p. m.
1. Approval of Minutes of May 27, 1970 regular meeting.
2. Hear visitors on Agenda items.
3. Consideration of request from Lone Star Gas Company for the City of College Static
to pay an estimate for relocation of a 6 -inch pipe line as it crosses Bee Creek
near Highway 6.
4. Consider recommendation of Plumbing Appeals & Advisory Board for amendment
to Plumbing Code Ordinance No. 511.
5. Discussion of change in utility billing date and installation of night depository.
6. Consideration of date for public hearing on budget for 1970-71 fiscal year.
7. Consider securing services of Certified Public Accountant in order to audit city
records for Fiscal Year 1969--70.
8. Consideration of Tabulation of Bids for Wading Pool.
9. Consideration of Airport Study Committee Resolution.
10. Discussion of Sanitary Landfill.
11. Consideration of adoption of Policy for old Council Room Facilities.
12. Consideration of Policy recommended by Planning and Zoning Commission
concerning the use of property and changes in rezoning of property.
13. Consider Ordinance No. 686, an ordinance calling for a public hearing on the
question of rezoning a 13.736 acre tract of land located at the intersection of
Highway 30 and Highway 6 By-pass, from District No. 1, first dwelling
house district to District No. 4, first business district. (P&Z Case #23-70).
14. Consider Ordinance No. 687, an ordinance calling for a public hearing on the
question of rezoning Tract No. 9, a 2.987 acre tract, situated in the Morgan
Rector League, located on Krenek Tap Road (formerly Stasney Lane), from
District No. 1, first dwelling house district to District No. 3-A, Mobile Home
Park District. (P&Z Case #25-70).
15. Discussion of Community Cablevision Corporation Request.
16. Report from City Engineer:
(a) Cost estimates for completion of Holleman Drive from Glade to Winding Road
(b) Cost estimates for completion of Welsh Street to Holleman Drive.
(c) Consideration of Policy for drainage and drainage structure. 0.1133
Agenda for Regular City Council Meeting
June 22, 1970
Page 2
17. Report from City Manager.-
(a)
anager:(a) Neighborhood Youth Corps Project
(b) Streets that have been completed under the repair program for the fiscal year
ending June 30, 1969.
(c) Progress Report on Tarrow Street Construction.
18. And other business.
19. Hear visitors.
20. Adjourn.
RB,las
6-18-70
I hereby certif that the attached Notice was
posted o n / -------- -------_
at
-t>tl
Ly da Swoveland
City Secretary
Subscribed and sworn to before me this
day of
___.._... ------------------- P 19
Notary Public, Br os County Texas
V.1'
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