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HomeMy WebLinkAbout08/13/1987 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 13, 1987 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Boughton, Haddox, McIlhaney, Gardner, Jones COUNCIL MEMBERS ABSENT: Councilman Brown STAFF PRESENT: City Manager Cole, City Attorney Locke, City Secretary Jones, Director of Capi- tal Improvements Ash, City Engineer Pullen, Director of Planning Callaway, Assistant Parks and Recreation Director Cisneros, Purchasing Agent McCartney, Municipal Court Clerk Choate, Public Information Officer Calliham, Council Coordinator Hooks STUDENT GOV'T LIAISON: Kevin Buchman VISITORS PRESENT: See guest register. Agenda Item No. 1 - Approval of the minutes of the Cit~ Council Workshop Meeting, July 22, 1987 and the City Council Regular Meetinu, Jul~ 23, 1987. Councilman Haddox corrected the minutes of July 22nd, Agenda Item No. 3 relating to bike prohibitions. He corrected the second sentence in the second paragraph stating that the "conditions have been corrected on SH 30 and he does not believe allowing bi- cyclists on Hwy 30 will create a problem on Texas Avenue." Councilman Boughton corrected the minutes of July 23rd, Agenda Item No. 6. She changed the wording in paragraph 4, last sen- tence to read, "Councilman Boughton noted that there is a large amount of traffic at that intersection at certain times of the day" . Councilman Boughton moved to approve the minutes as corrected. Councilman Jones seconded the motion which was approved unan- imously, 6-0, with Councilman Brown absent. 06329 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 13, 1987 Page 2 Agenda Item No. 2 - A public hearing on the question of rezoninq Lot 2-A, Courtyard Apartment Subdivision From C-N NeighborhOod Business to C-3 Planned Commercial. Director of Planning Callaway described the item. He explained that this property is located on the north side of Harvey Road adjacent to the existing Tenneco. The requested zoning is com- patible with adjacent zoning districts and land uses. The Plan- ning and Zoning Commission by a vote of 5-1 recommended approval of this request. Councilman Gardner asked if the use would be permitted under the present zoning. Mr. Callaway responded that the applicant would prefer to have a detached or freestanding sign, the ordinance currently precludes freestanding signs in C-N Districts. Mayor Ringer opened the public hearing. Mr. Mike Rouse, a sub-franchiser for Precision Tune, represented applicant Mr. Hank Taylor and expressed support of the requested zoning change. He stated that the applicant is requesting this zoning change to allow placement of a detached sign. Mr. Rouse replied to questions that councilmembers asked about the set back and need for the sign. Mayor Ringer closed the public hearing. Agenda Item No. 3 - Consideration of an ordinance rezonin~ Lot 2-A, Courtyard Apartment Subdivision from C-N Neighborhood Business to C-3 Planned Commercial. Councilman Boughton asked if the Tenneco Station is zoned C-N. Mr. Callaway replied affirmatively and stated that the Tenneco station has detached signs which are "Enter" and "Exit" signs and fuel price signs. Councilman Gardner questioned the need for the rezoning and com- mented on placing a C-3 zone adjacent to apartment dwellers on the west and north. At Councilman Gardner's request, Mr. Cal- laway clarified the uses for the commercial zones. Councilman Jones moved to approve Ordinance No. 1716 as recom- mended by staff from C-N Neighborhood Business to C-3 Planned Commercial. 06330 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 13, 1987 Page 3 Councilman Boughton seconded the motion which passed by a vote of 4-2, as follows: FOR: Councilmen Boughton, Jones, Haddox, McIlhaney AGAINST: Mayor Ringer, Councilman Gardner A~enda Item No. 4 - CONSENT AGENDA. BIDS: #87-36 Telecon~unications Project - Installation of Overhead Cable Network #88-1 Janitorial Supplies #88-2 Miscellaneous Transformers PLATS: 87-209 Resubdivision Plat of Lots 40 & 41 Oak Hills Sub- Division. Mayor Ringer asked Ms. McCartney if the City receives a better quote if the bidder bids on a complete package. Also, if the City proposes a complete package, is this practice preventing local bidders, who may be smaller, from meeting all require- ments. Ms. McCartney replied that the city receives a better price for a larger quantity and the local bidders are not ex- cluded. Councilman Jones removed the telecommunications project from the consent agenda. All other items were approved by common con- sent. Councilman Jones announced that GTE would like to speak to the Council. Mr. Dave Kelly, GTE sales manager, pointed out that his firm, as the local provider, has employees who reside here and can respond quickly to any situation. The Council was sympa- thetic to GTE's points, but commented on the state law which required acceptance of low bids unless there is justification for doing otherwise. Councilman Boughton moved approval of low bidder, ASI, for $142,866.20 for construction of telecon~unications project - overhead telephone network installation.Councilman McIlhaney seconded the motion which was approved unanimously, 6-0. A~enda Item No. 5 - Presentation frpm. Rev. Melvin Brinkley in re- ~ard to problems related to the sale of alcoholic beverages in the Northgate area. Rev. Melvin Brinkley, on behalf of the Wesley Foundation, spoke ,0655 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 13, 1987 Page 4 in regard to problems associated with the clientele of Rocco's. He gave councilmembers a handout which included (1) a description of the incidences during the past eight months, and (2) the minutes of the Project Review Committee meeting about a parking variance requested by the previous owner of the property. Rev. Brinkley read the statutory provisions of the Texas Alcoholic Beverage Code regarding the revocation or suspension of alcoholic beverage permits. Mr. Michael Workman, 1013 Rose Circle, explained the process by which the Wesley Foundation has tried to eliminate problems en- countered since the opening of Rocco's. Donald Clark, who resides at 5740 Chelsea Circle, Bryan, and is Chairman of the Wesley Foundation Board of Trustees, presented the Council with a letter stating a request for the City to re- voke the alcoholic beverage permit or block the license renewal. Karola Feltz, 206 Fireside, spoke to support the Wesley Founda- tion in the matter. She noted that as a member of the A&M Pres- byterian Church, she is aware it has become a common occurrence for the church members to pick up beer bottles thrown on the church lawn by patrons of the North Gate establishments. Rev. Leon Strieder of St. Mary's Catholic Church, 103 Nagle, pre- sented his view of the Rocco's situation. He described several incidences which have occurred near the Church and Rectory, and expressed his opinion that the problem is growing worse. Rocco's Manager Dub Summers, 2912 Jennifer, addressed the Council. He noted that he has hired a Brazos County Constable Officer to be present every night beginning the first of Septem- ber; also, he has signed up for the College Station Police Reserve program. He stated that he feels the problems are not directly related to Rocco's. He described procedures used to protect Rocco's license and property. Jamie Sandel, Secretary of the Northgate Merchant's Association, stated that the entire Northgate area is affected by a litter problem. She commented that if all the merchants were involved in cleaning the area, results would show. Andrew Clements, a member of the Wesley Foundation, pointed out that prior to the new zoning for Northgate, the retail area acted as a good buffer between the churches and the areas which served alcohol. 06332 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 13, 1987 Page 5 Mayor Ringer pointed out that the city's only role includes the city secretary's certification that the application meets city ordinances relating to zoning and to the distance between the es- tablishment and any church, public school or hospital. Rev. Brinkley commented that a meeting with members of the Wesley Foundation, Police Chief Strope, City Attorney Locke, and the Mayor was held and it was decided that the Police Department would increase surveillance in the area. Mayor Ringer suggested that he meet with the City Attorney, City Manager, Police Chief, and representatives of the Texas Alcoholic Beverage Commission. Agenda Item No. 6 - Consideration of a request for site modifica- tion at Culpepper, Jr. Shopping Center on Dominik Drive. (Returned from meeting of July 23, 1987.) City Engineer Pullen described the new site plan and explained that the staff's solution is to close the existing driveway and move it down approximately 60 feet. He pointed out that two con- cerns are 1) the minimal sight distance, and 2) heavy traffic periods when the driveway will have limited access. Councilman Boughton asked ~. Pullen if he was satisfied with the safety of the design. Mr. Pullen replied affirmatively. Councilman Haddox moved approval of the site modification plan, as revised, for Culpepper, Jr. Shopping Center on Dominik Drive. Councilman Jones seconded the motion which was approved unan- imously, 6-0. A~enda Item No. 7 - Consideration of an ordinance abandonin~ a portion of an alleyway located between Lot 1 and 67.5 ft. of Lot 12, Block B, College Heiqhts Addition. (Applicant William T. A~cock). City Engineer Pullen described the item. He stated that Mr. Aycock owns the existing Lot 12 and part of Lot 1, Block B which lies between Eisenhower and Nimitz streets. The alleyway is maintained as an easement and not as an alleyway; and, staff recommends abandonment of the alleyway and acquistion of an ease- ment. 0633 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 13, 1987 Page 6 Councilman Boughton moved approval of Ordinance No. 1717 abandon- ing a portion of an alleyway located between Lot 1 and 67.5 feet of Lot 12, Block B, College Heights Addition. Councilman Jones seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 8 - Consideration of an ordinance abandoning a portion of a public utility; easement located on the south side of Burton Creek at the East By-Pass. (Owner: Warren Harmon). City Engineer Pullen stated that the owner at his expense re- located the sanitary sewer line and dedicated a new 30 foot easement around his tract. Councilman Boughton moved approval of Ordinance No. 1718 abandon- ing a portion of a public utility easement located on the south side of Burton Creek at the East By-Pass. Councilman Jones seconded the motion which carried unanimously, 6-0. Agenda Item No. 9 - Consideration of an ordinance amendin~ Chapter 10, Section 2 of the College Station Code, relating to bike routes and bike prohibitions. City Engineer Pullen stated that the staff proposes to allow bi- cycles on SH30 and extend bike routes along Dartmouth to South- west Parkway and along Holleman to Dartmouth. The bicycle pro- hibition area will be extended on Texas Avenue past Holleman Drive to Southwest Parkway, and at the end of Harvey Road from Texas Avenue to the alleyway behind Culpepper Plaza. Councilman Jones moved to approve Ordinance No. 1719 as recom- mended by staff. Councilman McIlhaney seconded the motion which carried unanimously, 6-0. Agenda Item No. 10 - Consideration of bids for the reconstruc- tion of Southwest Parkway between Langford St. and Texas Ave. C.I.P. #G-81-81-14 . City Engineer Pullen stated that the staff's recommendation for paving and reconstruction of Southwest Parkway between Langford and Texas be awarded to the low bidder, Young Brothers, Inc. in the amount of $135,840.75. 06334 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 13, 1987 Page 7 Councilman Boughton moved to award the bid to Young Brothers, Inc., for the reconstruction of Southwest Parkway between Lang- ford and Texas Avenue in the amount of $135,840.75. C.I.P. #G81-81-14. Councilman Haddox seconded the motion which carried unanimously, 6-0. Agenda Item No. 11 - Consideration of a change order for additional landscaping at the Utility Service Center #R83-83-07. CIP Director Ash presented the item. He noted that the staff is proposing additional landscaping to bring the Utility Service Center up to established standards for municipal buildings in College Station. He described the additional landscaping needs. The recommended change order totaled $18,998. City Manager Cole added that this attractive addition will pay for itself in 4-5 years through reduction in maintenance costs. He pointed out that the Council will be asked to consider a landscaping change order for the Police Building in the near future. He commended Tony Cisneros for his work on the landscaping project. Councilman Boughton moved approval of the change order for land- scaping additions at the Utility Service Center in the amount of $18,998., #R83-83-07. Councilman McIlhaney seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 12 - Consideration of an administrative fee imposed upgn defendants requesting a defensive driving course. Deputy Finance Director Schroeder presented the item. He ex- plained that recent legislation allows cities to levy up to a $10.00 administrative fee for persons who sign to take defensive driving in lieu of paying traffic fines. The staff recommended that a fee of $8.50 be set to recoup the administrative cost to College Station. Mr. Schroeder noted that the persons who take a defensive driving course pay a fee to the instructors who conduct the class. Coun- cilman Boughton mentioned that she received a call from a member of the Lions Club who offers the defensive driving courses, and this person stated concern about the imposed fee because it may deter attendance in these courses. Ms. Boughton stated that she did not feel it would lower the enrollment figures to these courses. 0 335 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 13, 1987 Page 8 Councilman Gardner hoped the additional costs will not discourage participants. Mayor Ringer noted that the participant could pay $8.50 to the City and $22.00 for the course and still come out ahead by not having to pay a $40.00 fine for a traffic ticket. Patricia Sims, who resides at 1506 Todd Trail and is a defensive driving instructor, spoke in opposition to the proposed fee. Rodger Koppe of 1214 N. Ridgefield addressed the Council. He is a defensive driving instructor for a course given by the College Station Noon Lions Club. He stated that most people who attend the defensive driving courses are students who have minimal fines. He requested that the Council keep the fee as low as possible. Councilman Jones moved to approve the ordinance as recommended by staff providing for an administrative fee of $8.50 for individ- uals choosing to take defensive driving. Councilman Boughton seconded the motion. The motion failed by a 3-3 tie, as follows: FOR: Mayor Ringer, Councilmen Jones, Boughton AGAINST: Councilmen Haddox, McIlhaney, Gardner Councilman Boughton moved to approve Ordinance No. 1720 by estab- lishing a fee of $5.00 to persons requesting a defensive driving course. Councilman Jones seconded the motion which was approved by the following vote of 4-2: FOR: Mayor Ringer, Councilmen Jones, McIlhaney, Boughton AGAINST: Councilmen Haddox, Gardner Student Gov't Liaison Buchman stated that a $5.00 fee is fair and he does not feel it will deter students from taking the course. Agenda Item No. 13 - Hear Visitors. No one spoke. Agenda Item No. 14 - Closed session to discuss pending litigation and land acquisition. The Council moved to closed session. , 06336 CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 13, 1987 Page 9 A~enda Item No. 15 - Action on closed session. No action was taken. AGenda Item No. 16 - Adjourn. Mayor Ringer declared the meeting adjourned. Dian Jon~i~y Secretary APPROVE D: Larry J~ Rkn~~Mayok~ ?06337 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 13, 1987 7:00 P.M. 006338