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HomeMy WebLinkAbout04/23/1987 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmen Jones, McIlhaney, Gardner, Brown, and Haddox COUNCIL MEMBERS ABSENT: Councilman Boughton STAFF PRESENT: City Manager Cole, Assistant City Manager Ragland, City Attorney Locke, City Secretary Jones, Interim Director of Planning Callaway, Director of Capital Improvements Ash, Purchasing Agent McCartney, Police Lt. Newton, Capt. John Kennedy, Deputy Finance Director Schroeder, Zoning Official Kee, Public Information Officer Calliham, Council Coordinator Hooks VISITORS PRESENT: See guest register. Agenda Item No. 1 - Approval of the minutes of the Cit~; Council Special Meeting, April 6, 1987, the Workshop meeting, April 8, 1987 and the Regular Meeting, April 9, 1987. Councilman Brown moved approval of the minutes. Councilman McIlhaney seconded the motion which was approved unanimously, 5-0, with Councilman Gardner abstaining. Councilman Boughton was absent from the meeting. Agenda Item No. 2 - A public hearing on the question of rezoning a 5.75 acre tract located along the west side of State Highway 6, from District R-1 Single Family Residential to District C-1 General Commercial. (Applicant: St. Francis Episcopal Church). Interim Director of Planning Jim Callaway presented this item. He described the tract as located along the west side of Highway 6, 1200 feet north of the intersection of Barron Road. '"06142 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 Page 2 Mr. Callaway explained that the subject tract is vacant and is reflected as high density residential on the land use plan. He noted that since adoption of the plan, several commercial dis- tricts have been established in this area. Mr. Callaway pointed out that the Planning and Zoning Commission has recommended that C-1 zoning be established on a portion of this tract and that the balance be zoned R-1. The P&Z Commissioners approved this zoning recommendation by a 4-3 vote. After the P&Z meeting was held, the staff determined that an electrical easement found located to the west of the subject tract was not the Bryan electrical easement; the easement does not exist because the Courtland plat which included this tract, was not filed for record. Mr. Callaway noted that the proposed ordinance specifies C-1 for the entire tract; if the council wishes, the ordinance will be revised to the Council's action. Councilman Brown asked if any concern for a buffer was expres- sed. Mr. Callaway responded negatively. Councilman Jones asked if any development is on the R-lA property. Mr. Callaway replied negatively. Councilman Gardner asked Mr. Callaway to describe the zoning of the property north of the tract. Mr. Callaway stated the land 45 feet across Highway 6 is zoned Administrative Professional. Also, property on the north side of Barron Road is not in compliance with the plan. Councilman Gardner asked for clarification of the first paragraph on page 2 of the staff re- port. Mr. Callaway responded that it is the commission's opinion that commercial zoning be extended north along SH6 to this tract. Councilman Jones asked Mr. Callaway to explain the discussion held at the P&Z meeting, regarding the abandonment of the sub- division plan. Mr. Callaway stated that the owners of the Court- land subdivision had requested commercial zoning for a 100 acre tract with some lots zoned R-1. This tract of land remained R-1 because of the contract bound with the church. Since that time, the church has decided not to use this tract. Mr. Callaway noted that promoting commercial zoning along this side of SH 6 is considered "strip development". He explained that the comprehensive plan directs two issues with respect to commercial zoning along thoroughfares. 1) Concentrated zoning ' 06143 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 Page 3 at major intersections adequate to handle commercial development, and 2) working toward a minimum of 400 foot of depth elsewhere for commercial zoning along major thoroughfares. Also, he noted that the Comprehensive Plan speaks against strip development. Mayor Ringer opened the public hearing. Jim Holster, of 6404 Windwood, came forward to represent the ap- plicant, St. Francis Episcopal Church. He described the activity associated with the purchase of this land by the Diocese. The local Episcopal churches are part of the Diocese of Texas; where- as, all property is owned by the Diocese. The Bishop of the Church in 1983 determined that a mission church be established in College Station and this site was chosen for the church. After securing the land by contract, the church was formed and during this time, the church found another piece of property on Rock Prairie Road and chose this land over the site originally pur- chased. After the land on Rock Prairie Road was secured, the Bishop decided to sell the property on Barron Road. The primary reason given for the decrease in appraisal value was that the land is not suitable for R-1 land. Mr. Holster explained that there are valid reasons for rezoning the land, one reason being that surrounding properties are zoned C-l. Secondly, the Diocese was unaware of the implications of zoning in the community. Mr. Holster stated his opinion that the tract is suitable for C-1 zoning. Mr. Holster explained that the mission churches in College Sta- tion depend on the Diocese of Texas for financial support. The mission is limited on financial support, such as low interest loans and other financial loans, and the Diocese felt they have given their major support in acquiring of the 5.75 acre tract. Mr. Holster presented to Council two letters from property owners adjoining the 5.75 acre tract supporting the rezoning request to C-1. Councilman Gardner asked Mr. Holster if they considered another zoning, such as R-6. Mr. Holster replied that he was asked to request C-1 zoning. He added that St. Francis Episcopal Church has the opportunity to secure low interest financing contingent upon the land being rezoned commercial. Mayor Ringer closed the public hearing. 06 44 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 Page 4 A~enda Item No. 3 - Consideration of an ordinance rezonin~ the above tract. Councilman Brown moved approval of Ordinance 1701 rezoning the 5.75 acre tract located along the west side of State Highway 6 to C-1 General Commercial. Councilman Jones seconded the motion which was approved unan- imously, 6-0. Councilman Gardner stated his reason for voting in favor of this rezoning even though it is against the policies of the Compre- hensive Plan; he said that he does not feel the Church should be penalized for the zoning which has occured in the subject area. Mayor Ringer noted that problems arise where commercial land abuts residential property. He commented that as plans are made for development in the future, he hopes there will be adequate buffering between commercial and residential. A~enda Item No. 4 - A public hearing to consider an amendment to Section 12, Ordinance 1638, relative to development si~n regu- lations. Zoning Official Jane Kee addressed this item. She stated that the current sign ordinance makes provisions for development signs; signs that are provided for people to announce a new pro- ject or a proposed subdivision. The current regulations require that in order to obtain a development sign permit, an applicant must have site plan approval or plat approval. She noted that requests have been made from large projects who would like to place signs on their property, but are not able to do so because their site plans are not approved at this time. The projects in- clude Greenleaf Hospital, Sandstone and Wal-Mart. The Planning Department is proposing this amendment in order to facilitate the large projects. The proposed amendment states that the develop- ment signs will not be contingent upon site plan approval or plat approval, as long as within two years of the date of the sign permit a building permit is issued if it is a project, or a plat is approved in the case of a subdivision. Mrs. Kee explained that this amendment simplifies the regulations and provides flex- ibility for use of the sign. The Building Code is enforced to allow maintanence and avoidance of deterioration. Councilman Haddox commented that he supports the amendment, but he believes that 24 months is a long time for a sign to stand. He suggested that the length of time be shortened. Councilman Gardner agreed. 06145 Mayor Ringer opened the public hearing. No one spoke. CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 Page 5 Mayor Ringer closed the public hearing. Agenda Item No. 5 - Consideration of an ordinance amending Section 12, Ordinance 1638, relative to development sign regu- lations. Councilman Haddox said that he would be in favor of approving the ordinance to amend Section 12, Ordinance 1638 if a revision were made changing the length of time to 12 months for removal of signs from the date the sign permit is issued, instead of the 24 months given in the proposed ordinance. Councilman Jones suggested that a provision be added for renewal at the end of the 12 month period. Mayor Ringer stated that the current ordinance allows for a renewal when an extension is re- quested. Councilman McIlhaney commented that she would be in favor of an extension provision. Councilman Haddox moved to approve the ordinance and to sub- stitute "twelve months" for the time period "twenty-four months." Councilman Gardner seconded the motion made by Councilman Haddox. Councilman Jones moved to amend the motion to approve the ordi- nance, by including a provision to allow for a request of exten- sion at the end of the twelve months. Councilman McIlhaney seconded the motion which was approved 6-0. Mayor Ringer clarified that the motion was to approve an Ordi- nance to amend Section 12, Ordinance 1638, with the substitution of "twelve months" for the "twenty-four months", and the inclu- sion of a procedure for extension. The motion to approve Ordinance No. 1702 was passed with a unan- imous vote of 6-0, with Councilman Boughton absent. Agenda Item No. 6 - A public hearing to consider annexation of a 35 acre tract of land located on the north side of Graham Road, approximately 2200 feet west of SH6. Interim Director of Planning Jim Callaway presented this item. He described the tract as the site for the Utility Service Center, currently owned by the City. The Planning and Zoning Commission and staff recommended approval. The proposed ordi- nance will be presented to the Council on May 14. Mayor Ringer opened the public hearing. Mayor Ringer closed the public hearing. No one spoke. 06146 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 Page 6 Agenda Item No. 7 - Consent AGenda. Plats: Final Plat - Westchester Park Phase One Bids: 80 KW Generator - Central Fire Station Electronic Co~unications and Security Systems for the new police facility. The items were approved by common consent. Agenda Item No. 8 - Consideration of a request for variance from College Station Cemetery Rules relating to size of monument. Mayor Ringer noted that a letter was given to the Council from Mr. William E. Holland describing his request for a variance. Mr. Holland of 1900 Lawyer came forward to explain his situation. He stated that the local monument companies did not bring to his attention the size limitation of monuments for the College Station Cemetery. He noted that if he had purchased two individ- ual monuments instead of the double monument, the single monu- ments together could be a foot longer than the 5' double monument and the combined bases could be 8 feet for the single monuments while the double monument is 7 1/2 feet. He feels the size of the double monument is not a hazard now will it create problems for the maintenance workers. Councilman Brown moved approval of the variance from the Cemetery Rules to allow a double monument to be placed in the City Ceme- tery, and to direct staff to send a revised copy of the rules and regulations to the local monument companies. Councilman Jones seconded the motion which was approved unani- mously, 6-0. Agenda Item No. 9 - Consideration of a date for a public hearing on FY 87-88 Revenue Sharing and Operating Budget. (May 14, 1987) City Manager Cole suggested that the public hearing be held on May 14, 1987 in conjunction with the presentation of the budget. Councilman McIlhaney moved approval of May 14, 1987 as the date for the public hearing on FY 87-88 Revenue Sharing and Operating Budget. Councilman Haddox seconded the motion which carried unanimously, 6-0. 06147 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 Page 7 A~enda Item No. 10 - Consideration of an ordinance closin~ the hearing given to the real and true property owners abutting upon Holleman Street as to special benefits to accrue to said property by virtue of the improvement of said street. City Attorney Locke presented this item. She stated that the Council previously passed a necessity ordinance in 1984. The construction of Dartmouth-Holleman is complete and actual con- struction costs were lower that the figures contemplated in the first assessment ordinance. She referred to an exhibit showing the assessments, enhancement value, and credit for right-of-way acquisition. She noted that all of the tracts required right-of- way and some of the credit for right-of-way will have different values because of the size of the tract and the value attributed to the tract. Mayor Ringer suggested that Item No. 10 and Item No. 11 be ad- dressed at the same time. Mr. James Mead, the appraiser for this project, came forward to describe the enhancement values. The enhancement value of the 31.28 acre tract is $592,712.00. The next tract of land is the intersection of Holleman and Dartmouth; the enhancement value is $829,924.00, noting that special damages will be deducted from this figure for $5,125.00. The next tract of land is the Frank Kahan tract, 11.95 acres; the enhancement value is $43,200.00. The final tract of land is 13.65 acres; enhancement value, $262,013.00. Councilman Haddox asked about the assessment value of $3.50 on the 32.28 acre tract. City Attorney Locke explained that this was a credit against the right-of-way acquisition costs, and this shows the negotiation which is a different assessment value. She stated that the credit for the right-of-way acquisition cost was close to $800,000. City Engineer Pullen stated that the figures shown for the tract comply with the negotiations made with the purchase of the right-of-way. City Attorney Locke pointed out that when the City purchased the land, the land was in bankruptcy and no value dollar was set. The Council agreed to an assessment of $3.50 a linear foot rather than go through condemnation proceedings. Bill Scasta of 2427 Briargate came forward representing property owners in the Dartmouth and Holleman area. He stated that the owners feel they are over-assessed on their property. ' 06148 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 Page 8 Councilman Haddox stated that he did not feel comfortable about the assessment values and enhancement values listed for the tracts along Dartmouth/Holleman street. Mr. Ash described the zoning in each tract. Councilman Brown agreed with Mr. Haddox's statement. City Attorney Locke noted that the ordinance would not require that the assessment be paid for one year after construction; the as- sessment will be due in three annual payments at 8% interest. There is presently an assessment against all property. Mayor Ringer asked if a change of assessment were made, would the enhancement value need to be lower to figure the assessment due. City Attorney Locke replied yes. Councilman Brown moved to table this ordinance to close the hear- ing on Holleman Street and direct staff to place this item on the agenda for May 14, 1987 meeting. Councilman Haddox seconded the motion which was approved unanimously, 6-0. Agenda Item No. 11 - Consideration of an ordinance closing the hearing given to the real and true property owners abutting upon Dartmouth Street as to special benefits to accrue to said property by virtue of the improvement of said street. Councilman Brown moved to table this ordinance to close the hear- ing on Dartmouth Street and direct staff to place this item on the agenda for May 14, 1987. Councilman Haddox seconded the motion which carried unanimously, 6-0. Agenda Item No. 12 - Consideration of funding share of Gulf States rate case fees. City Manager Cole stated that the City of College Station is a member of the LSMPA and joined with the other cities to contest the rate request made by Gulf States Utilities. GSU has sent the City a bill for the city's share of the engineering consultants' costs totaling $125,684.09. He pointed out that a bill has not been received from Vinson & Elkins, the attorneys retained by LSMPA. Councilman Haddox asked what percentage is used. Mr. Cole responded that the rate is based on KW hours of consump- tion. Councilman Haddox moved approval to authorize funding of $102,935.27 to R.W. Beck & Associates for services during the GSU rate case negotiations through LSMPA. 06149 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 Page 9 Councilman Brown seconded the motion which was approved unan- imously, 6-0. Agenda Item No. services. 13 - Consideration of proposal for audit City Manager Cole noted that Deloitte Haskins & Sells has sub- mitted a proposal for the city's annual audit, for $40,000.00 plus $15,000.00 out-of-pocket expenses. The staff recommended approval. Councilman Brown inquired whether the out-of-Docket expenses were similar to those of the previous year. Mr. Schroeder replied that the figure is basically the same. Councilman Jones moved approval to accept the proposal from Deloitte Haskins & Sells authorizing them to perform the annual audit of the City for a cost of $40,000 plus out-of-pocket ex- penses of $15,000. Councilman McIlhaney seconded the motion which carried unani- mously, 6-0. Agenda Item No. 14 - Consideration of a resolution authorizing the Mayor to execute an agreement with the Retired Senior Volunteer Program. City Attorney Locke stated that the program provides senior volunteers to work within the City. Mr. Walter Thames, chairman of the advisory council commented on the purpose of the program. The intention of the program is make the senior citizens active in the community, and at the same time provide a useful service for the community. Councilman Gardner moved approval of the resolution authorizing the Mayor to execute an agreement with the Retired Senior Volun- teer Program. Councilman Haddox seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 15 - Consideration of a resolution authorizing the Mayor to execute an easement to the Fairview-Smetana Water Supply Corporation. City Attorney Locke stated that this agreement was executed with GTE which allowed GTE to lease .13 acre tract at the location of the pump station on Sandy Point Road. GTE has requested that the , 06150 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 Page 10 City execute an easement to Fairview-Smetana Water Supply Corpor- ation for the placement of a water meter and water line on leased property. Councilman Jones moved approval of the resolution authorizing the mayor to execute an easement to the Fairview-Smetana Water Supply Corporation. Councilman McIlhaney seconded the motion which carried unanimous- ly, 6-0. Agenda Item No. 16 - Consideration of an resolution authorizin9 the Mayor to execute an amendment to the litter enforcement a~reement with the State Highway Department. City Attorney Locke explained that this agreement was issued ap- proximately one year ago for a litter enforcement program which will allow the state to reimburse the City for tickets issued. This agreement was extended and the maximum amount payable is $25,000.00. Mayor Ringer asked Major Feldman if this program has proved to be effective. Mr. Feldman replied that only a few tickets have been issued, and very little cost has been associated with the issuance of the tickets. Councilman Haddox moved approval of the resolution authorizing the Mayor to execute an amendment to the litter enforcement agreement with the State Highway Department. Councilman Jones seconded the motion which was approved unan- imously, 6-0. A~enda Item No. 17 - Consideration of a resolution authorizin~ the Mayor to execute an agreement for the City of College Station to participate in a mutual aid law enforcement task force to be known as the Brazos Valley Narcotics Task Force. City Attorney Locke explained that this agreement sets out the responsibilities of the officer as a member of the Department of the Public Safety Narcotics Division task force. Several counties will be covered in his jurisdiction. Counciman Brown moved approval of the resolution authorizing the Mayor to execute an agreement for the City to participate in the Brazos Valley Narcotics Task Force. ' 06151 CITY COUNCIL REGULAR MEETING THURSDAY, APRIL 23, 1987 Page 11 Councilman Jones seconded the motion which was approved unani- mously, 6-0. A~enda Item No. 18 - Hear Visitors. No one spoke. A~enda Item No. 19 - Closed session to discuss pendin~ litigation [6252-17(2)(e), land acquisition [6252-17(2)(f)] and personnel 96252-17(2)(g). The council moved to closed session to discuss the GSU rate case, right-of-way, and appointments to the Citizens Committees. A~enda Item No. 20 - Action on closed session. The council reconvened to open session and no action was taken. A~enda Item No. 21 - Adjourn. Mayor Ringer declared the meeting adjourned at 9:35 p.m. ATTEST: AP PROVED: Ma~zJ r~..~. ~er 06152 GUEST REGISTER CITY COUNCIL ~G~/~M~ING. THURSDAY, APRIL 23, 1987 7:00 P.M. g 18. 19. 20. 22. 23. 9. 24. 10. 25. 11. 26. 12. 27. 13. 28. 14. 29. 15. 30. 006170