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HomeMy WebLinkAbout05/22/1986 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, MAY 22, 1986 7:00 P.M. COUNCIL PRESENT: Mayor RinGer, Councilmen Bond, Brown, Haddox, Jones, TonGco, BouGhton STAFF PRESENT: City ManaGer Cole, Director of Capital Improvements Ash, City Attorney Locke, City EnGineer Pullen, Assistant City ManaGer VanDever, City Planner Mayo, Deputy Finance Director Schroeder, Utilities ManaGer Piwonka, Personnel Director Dickson, Parks and Recreation Director Beachy, PurchasinG AGent McCartney, Assistant Director of Plan- ninG Callaway, Assistant City EnGineer Smith, Fire Chief Landua, Public Utilties Director Ford, Director of Public Services Miller, Forestry Specialist PledGer, Aquatics Super- intendent Szabuniewicz, Administrative Assistant Barnett, Council Coordinator Garrett Agenda Item No. 1 - Signing of a proclamation desiGnatinG May 22-29, 1986 as "Buckle Up Week" in College Station, Texas. Mayor RinGer signed a proclamation desiGnatinG May 22-29, 1986 as "Buckle-Up Week" in ColleGe Station. Anita Pitt, a represen- tative from the Brazos Valley Development Council, was present to accept the proclamation. Agenda Item No. 2 - Si~nin~ of a proclamation desiGnatinG the week of Saturday, May 24, 1986 as "Buddy Poppy Day" in ColleGe Station, Texas. Mayor RinGer signed a proclamation designatinG Saturday, May 24, 1986 as "Buddy Poppy Day" in ColleGe Station, Texas. Tom Hanson and Aimee Petroski, representinG the veterans of Brazos Valley, were present to accept the proclamation. 005666 CITY COUNCIL REGULAR MEETING THURSDAY, MAY 22, 1986 PAGE 2 Agenda Item No. 3 - Presentation from Bryan/College Station Athletic Federation. Lane Stephenson, Chairman of the Bryan/College Station Athletic Federation, presented a resolution to Mr. Steve Beachy and Mr. Charles Szabuniewicz for their planning and leadership in staging the logistically demanding event, the Texas Sesquicentennial Super Sports Series. Mr. Beachy and Mr. Szabuniewicz showed the Council South Austra- lian flags that were presented to the City of College Station by the South Australian participants. A~enda Item No. 4 - Approval of the minutes of the Cit~ Council Workshop Meeting, Ma~; 7, 1986, and the Cit~ Council Regular Meet- ing, May 8, 1986. Councilman Boughton added Sara Jones, Council Liaison, to the Am- bulance Advisory Committee list in the minutes of the City Council Regular Meeting, May 8, 1986. The minutes were approved unanimously, 7-0. A~enda Item No. 5 - A public hearin~ on the question of rezonin~ two one-acre tracts located in the Timber Ridge Subdivision, Third Installment, from R-6 Apartments High Density, to C-N Neighborhood Business. Application is in the name of Municipal Design Group. Assistant City Planner Callaway presented this item. He noted that these tracts are located at the northwest corner of the intersection of Harvey Road and Rhett Butler. He further noted that area zoning includes R-6 to the north, R-6 to the east, R-6 to the west, and C-1 and C-3 to the south. The subject tracts are vacant at this time. He explained that the area is reflected as high density residential on the land use plan. Mr. Callaway pointed out that the staff and Planning and Zoning Commission approve the rezoning request to C-N Neighborhood Business. Mayor Ringer opened the public hearing. Steve Andrews of Jerry Bishop and Associates was present on behalf of the owners and offered to answer any questions from the council. 005667 CITY COUNCIL REGULAR MEETING THURSDAY, MAY 22, 1986 PAGE 3 Mayor Ringer closed the public hearing. Agenda Item No. 6 -Consideration of an ordinance rezoning the above tracts. Councilman Brown moved approval of Ordinance No. 1651 rezoning the two one-acre tracts from R-6 Apartments High Density to C-N Neighborhood Business. Councilman Boughton seconded the motion which was approved unan- imously, 7-0. Agenda Item No. 7 - A public hearing on the question of the proposed annexation of a 5.00 acre tract of land owned by the Protestant Episcopal Church Council of the Diocese of Texas as represented by St. Francis Episcopal Church of College Station, Texas, said tract being situated in the Crawford Burnett League, Abstract No. 7 - Brazos County, Texas and being a portion of a 20.0 acre tract as described by deed conveyed to W.D. Fitch, recorded in Volume 542, Page 526 of the Deed Records of Brazos County, Texas. City Planner A1 Mayo explained that the proposed annexation tract exists northeast of and adjacent to the existing Rock Prairie Road and located across from the Southwood Athletic Complex. He noted that the Staff and Planning and Zoning Commission recommend approval of the annexation request. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing and announced that this item will be on the June 12th agenda for council consideration. Agenda Item No. 8 - A public hearing on the question of the proposed annexation of a 10.701 acre tract of land owned by the Cambridge Group, Jerry T. Paul, Trustee, said tract lying and being situated in the Morgan Rector Survey, Abstract No. 46, Brazos Count~, Texas, and being part of a 219.890 acre tract described in deed recorded in Volume 342, Page 751 of the Deed Records of Brazos County, Texas. City Planner A1 Mayo explained that this tract exists southeast of the Sandstone Subdivision. This tract consists of 6 lots of 005668 CITY COUNCIL REGULAR MEETING THURSDAY, MAY 22, 1986 PAGE 4 of rural area. He also noted that electrical and sewer systems will be supplied with existing city systems. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing and announced that this item will be on the June 12th agenda for council consideration. Agenda Item No. 9 - Consent Agenda: Bids: Bid #86-35 - Blanket contract for Tires and Tubes through June 30, 1987. Bid #86-33 - Installation of supervisory control and data acquisition (SCADA) equipment for the electric substations. Plats: 86-206 - Final Plat - Estates of Indian Trail (ETJ) 86-303 - Master Preliminary Plat - Southwood Valley Section 28 Ail items were approved by common consent. Agenda Item No. 10 - Consideration of a request to designate 405-A West University Drive as a location qualified for the sale of beer and wine. Applicant - Marlo & Son's Pizzeria. City Attorney Cathy Locke stated that the applicant's application for a alcoholic beverage license was denied by City Secretary Dian Jones because the applicant is within 300 feet of the A&M United Methodist Church. In accordance with the appeal process allowed by Ordinance No. 1619 the applicant is requesting a variance from the regulation. Councilman Bond asked for clarification on the map for the location of the Mario& Son's Pizzeria. Ms. Locke further stated that a variance was granted on January 23, 1986 for John Loffarelli of Amelio's Pizza in the Northgate area. Assistant City Engineer Mark Smith stated that the survey was measured from the front door of Mario's Pizzeria along the 005669 CITY COUNCIL REGULAR MEETING THURSDAY, MAY 22, 1986 PAGE 5 property line and directly to the front door of the church. distance is 260 feet. The The applicant Pietro Perri spoke in favor of the request. He pointed out that all of his competition in the Northgate area serves beer and wine. Councilman Bond asked how lonG the business had been open. Mr. Perri stated he has been opened for four months. Councilman Bond asked if a formal notice was publicized for the applicant's request. Mayor Ringer replied that a letter was sent to the A&M Methodist Church. Councilman Bond moved approval for the sale of beer & wine at Marlo & Son's Pizzeria. Councilman Jones seconded the motion which was approved unan- imously, 7-0. AGenda Item No. 11 - Consideration of a resolution authorizing the Mayor to execute an addendum to the Wellborn Water Supply Company water purchase contract and assignment agreement. City Attorney Locke explained that this item was tabled at an earlier meetinG and council directed staff to look into alternatives for deleting the provision of the Wellborn Water Agreement which requires that Wellborn immediately turn over the taps upon annexation. She further explained that the staff decided to obtain a certificate of deposit which would be used to pay for taps upon annexation. The certificate of deposit is an alternative to increasing the water costs to Wellborn Water. Ms. Locke noted there was a change in the final addendum in subsection 4. The sentence should state "Wellborn shall not service any College Station extraterritorial jurisdiction sub- division unless said subdivision has received plat approval from the City of College Station under the requirements of the City of College Station Subdivision Ordinance". She also noted another change which consists of moving Paragraphs A and B of Subsection 5 to become part of Subsection 2. Councilman Bond asked Ms. Locke for a summarized statement of changes made in the ordinance. Ms. Locke explained that the agreement will place $50,000 Certificate of Deposit in the hands of City of College Station instead of increasinG the water costs 005670 CITY COUNCIL REGULAR MEETING THURSDAY, MAY 22, 1986 PAGE 6 to Wellborn and if annexation took place, then negotiation with Wellborn would take place on the price of a tap and reduce the certificate of deposit by that price. She also stated that the annual interest payment would be given to Wellborn Water Supply. Councilman Bond asked Ms. Locke what guarantee does the City have. She further explained that the $50,000 certificate of deposit is an attempt to refrain from increasing the water costs at this time. The benefit of the Certificate of Deposit is that funds are available for the City to pay for the taps and these are the same funds that the City would collect if the water rate increased. City Manager Cole added that the staff is satisfied with the arrangement and this agreement will prove beneficial to both Wellborn and the City of College Station. Councilman Haddox asked if the addendum requires Wellborn subdivision plat approval. Ms. Locke replied affirmatively. Councilman Bond moved approval of the Resolution No. 5-22-86-11 authorizing the Mayor to execute an addendum to the Wellborn Water Supply Company water purchase contract and assignment agreement. Councilman Boughton seconded the motion, which was approved unanimously, 7-0. Agenda Item No. 12 - Consideration of authorizing the Cit~ Manaqer to enter into a contract with LWFW to conduct a stud~ of data processing operations. City Manager Cole pointed out that an audit report was presented to Council after his appointment as City Manager. He stated the auditors made comments and recommendations about the current study of the City's data processing operations and strongly recommended that the City of College Station retain outside help in conducting a review of the City's current data processing operations and to use the consultants to assist the City in developing a long range plan for future development. He further stated that a request for proposals was sent to thirteen consulting firms and nine responses were received. A review commmittee interviewed the top four c~panies and decided that LWFW Group Inc. was the most proficient. Mr. Cole asked for Council consideration authorizing him to enter into a contract with LWFW for these services. He stated that a list of services are included in the agenda packet. 005671 CITY COUNCIL REGULAR MEETING THURSDAY, MAY 22, 1986 PAGE 7 Councilman Haddox moved approval to authorize the City Manager to enter into a contract with LWFW for a study of data processing operations. Councilman Brown seconded the motion which was approved unan- imously, 7-0. Mayor Ringer asked the staff if the data operations study will help with the use of numerous requests for computer related equipment. City Manager Cole replied affirmatively. Agenda Item No. 13 - Consideration of a change order for the Dartmouth/Holleman Pro~ect, CIP Pro3ect.No. G-81-81-11/17. Director of Capital Improvements Ash stated that the total costs for the change order is $51,300.00. This change order is for the placement of 14,250 cubic yards of roadway borrow. Mr. Ash summarized the need for the change order. He stated that calculations of the earthwork were considered to be 100% suitable and no allowances were made for the unsuitable top soils in the undeveloped portion of the project. Shrinkage occurred when excavated soils were compacted in structural fills. This shrinkage requires more cubic yards of borrow than fill. He further explained that the borrowed material will be acquired from the extra material at the Greens Prairie Road site. The costs include loading, hauling, watering, and compacting the material at the Dartmouth/Holleman project. The staff feels the costs are very reasonable and asks for approval. Councilman Brown asked if the staff hired an outside firm to calculate the costs of earthwork. Mr. Ash replied that a mistake was made because of insufficiency of engineering data relating to the soils characteristics. Mr. Ash emphasized that if the mistake had not been made, the costs would have been included in the original price because the material must be brought to the site and the fill must be compacted at a specified density. Councilman Haddox asked who is the contractor located at the Dartmouth/Holleman project. Mr. Ash replied that Young Brothers, Inc. is the contractor. Councilman Bond asked if Young Brothers, Inc. bid unit price on the dirt work. Mr. Ash replied that Young Brothers bid an estimated quantity for excavation and embankment which includes 005672 CITY COUNCIL REGULAR MEETING THURSDAY, MAY 22, 1986 PAGE 8 all of the materials on the job site. But there is an excessive amount of fill materials on the Green's Prairie Road Project which can be brought to the Dartmouth/Holleman site. Councilman Brown asked who is the contractor located at the Green's Prairie Road project. Mr. Ash replied that Young Brothers is the contractor. Mr. Ash further stated that Young Brothers has an excess amount of dirt at the Green's Prairie Project and it is the contractor's responsibility to remove the excess dirt. Mr. A.P. Boyd from Young Brothers, Inc. explained to Council that the dirt at Green's Prairie Road has been moved to a waste area that includes loading, hauling, watering and compacting for $2.00 on the Green's Prairie Job site. He further explained that a charge of $1.60 is a very fair price to load and haul the dirt from Green's Prairie Road to the Dartmouth/Holleman Project. Councilman Bond moved approval of ChanGe Order No. 5 for Borrow Material from Green's Prairie Road Project to Dartmouth/Holleman Project for the amount of $51,300.00. Councilman BouGhton seconded the motion which was approved unan- imously, 7-0. City ManaGer Cole commented that the Dartmouth/Holleman Project is nearinG completion and Mr. Ash informed him that this project is the largest project ever initiated by the City of ColleGe Station and suGGests a ceremonial function take place at the completion of the project in July. A~egda Item No. 14 - Consideration of an Ordinance amending Chapter 4, Section 13, of the Code of Ordinances, Re~ulatin~ the Exploration, Development, Production, and Transportation of Oil, Gas, and Associated Mineral H~drocarbons within the Cit~ of College Station. City Attorney Locke presented this item. She noted a change to this ordinance on page 8 which should read ZoninG Ordinance No. 1638. Ms. Locke explained that this ordinance was initiated by the previous City ManaGer and drafted from previous permits prepared by Mr. Lowell Denton and technical consultant, Dr. Matheson. This ordinance only differs from the Bryan ordinance in landscapinG and subdivision plat designation. 005673 CITY COUNCIL REGULAR MEETING THURSDAY, MAY 22, 1986 PAGE 9 Councilman Bond asked if the ordinance refers to screening and landscaping. Ms. Locke replied that this ordinance requires landscaping with screen fences and bushes. The interpretation can be found on page 31, Section 32. Mr. Mayo noted that land- scaping would not be necessary unless situated in an urban area. Mayor Ringer asked if a change was made to Section 33 on page 32 in response to an earlier question from Councilman Bond. Ms. Locke replied that this Section has been removed in the final draft of the Ordinance. Councilman Tongco moved approval of Ordinance No. 1652 amending Chapter 4, Section 13, of the Code of Ordinances, regulating the Exploration, Development, Production, and Transportation of Oil, Gas and Associated Mineral Hydrocarbons within the City of College Station. Councilman Haddox seconded the motion which was approved unan- imously, 7-0. Agenda Item No. 15 - Consideration of approval for all decision packages of the General Fund, FY 86-87 Budget. Mayor Ringer asked staff if a similarity exists between Item No. 6, Power Plant and No. 9, Generator in the general fund decision packages. City Manager Cole explained that both items are portable generators and each derived from a comprehensive civil defense exercise. This exercise enabled the city to evaluate their preparedness and a significant deficiency was found in the use of portable generators. He further stated that each generator may be needed at the same time. Councilman Brown moved approval of the decision packages of the general fund for FY 86-87. Councilman Haddox seconded the motion which was approved unan- imously, 7-0. Agenda Item No. 16 - Hear Visitors. No one spoke. Agenda Item No. 17 - Closed session to discuss pending litigation [6252-17(2)(e) and personnel [6252-17(2)(g)]. ao Personnel [6252-17 (2)(g)]. 1. Discussion of Citizen Cor~mittee Appointments. 005674 CITY COUNCIL REGULAR MEETING THURSDAY, MAY 22, 1986 PAGE 10 The council moved to closed session. Agenda Item No. 18 - Action on closed session. Mayor Ringer announced that the City had terminated the employment of Joe Guidry, Electrical Superintendent, for meter tampering. The Council reviewed its legal options as to this unfortunate situation and concluded that the action taken was appropriate. Councilman Bond moved that the following persons be appointed as members of the Structural Standards Board/BuildinG Code Board of Adjustments: James Holster, Dan Sears, and Brenda Ryan. Councilman Brown seconded the motion which was approved unan- imously, 7-0. Councilman Brown moved that the following persons be appointed as members of the Plumbing Appeals and Advisory Board: GeorGe Neuhof, Steven Stewart, and Johnny Johnson. Councilman Tongco seconded the motion which was approved unan- imously, 7-0. Adjourn. Mayor RinGer adjourned the meeting at 10:45 p.m. APPROVED: ATTEST: 005675 GUEST REGISTER REGULAR CITY COUNCIL MEETING MAY 22, 1986 7:00 P.M. 17. 2 18. 7. 23. 8. 24. 9. 25. 10. 26. 11. 27. 12. 28. 13. 29. 14. 30. 15. 31. 16. 32. 005683