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HomeMy WebLinkAbout09/26/1985 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1985 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: STUDENT GOVT. LIAISON: VISITORS PRESENT: Mayor Halter, Councilmen Bond, Tongco, Brown, McIlhaney, Runnels Councilman Boughton City Manager Bardell, City Attorney Locke, City Secretary Jones, Deputy Fi- nance Director Schroeder, Director of Planning Mayo, Assistant Director of Planning Callaway, City Engineer Pullen, Purchasing Agent McCartney, Utilities Office Manager Piwonka, Fire Chief Landua, Personnel Director Dickson, Council Coordinator Jones Mike Hachtman See guest register. A~enda Item No. 1 - i~nin~ of a proclamation designating the week of September 28S- October 5, 1985 as "Child Protection Week" in College Station, Texas. Mayor Halter signed a proclamation designating the week of Sep- tember 28 - October 5, 1985 as "Child Protection Week" in College Station, Texas. Mr. Mike Billingsley was present to accept the proclamation. Agenda Item No. 2 - Signin~ of a proclamation designating October 4, 1985 as "Da~ in Court for Legal Secretaries" in College Sta- tion, Texas. Mayor Halter signed a proclamation designating October 4, 1985 as "Day in Court for Legal Secretaries" in College Station, Texas. Ms. Sandra Dodson, representing the Legal Secretaries Associa- tion, was present to accept the proclamation. Mayor Halter signed a proclamation designating the month of Sep- tember, 1985 as "American Business Women's Month" in College Sta- tion, Texas. Ms. Virginia McCartney was present to accept the proclamation. A~enda Item No. 3 - Presentation to Mrs. Violetta Cook in appre- clarion of services rendered to the Cit~ of College Station, Tex- as. Mayor Halter presented Mrs. Violetta Cook with a plaque in appre- ciation for her service on the city's Zoning Board of Adjust- ment. Mrs. Cook expressed her pleasure in serving on the Board and thanked the Council for the award. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1985 PAGE 2 The Council convened in closed session to receive a conference call from their consultants concerning the City Manager selection process, then re-opened the meeting to the public. Agenda Item No. 4 - Council concerns. Councilman Tongco commended the Energy Department on their ef- forts in the promotion of the Load Management Program estimated to save the city approximately $482,200.00. She also commended the Parks Department for their efforts in obtaining the bid for the 1988 Texas Games. She stated that she had received a request to have the grass cut shorter on the soccer fields in the South- wood Valley Athletic Park. Agenda Item No. 5 - Approval of the minutes of the Workshop City Council Meeting, September 11, 1985, the Special City Council Meeting, September 12, 1985 and the Regular City Council Meeting, September 12, 1985. Councilman Runnels moved approval of the minutes of the Workshop City Council Meeting, September 11, 1985, the Special City Coun- cil Meeting, September 12, 1985 and the Regular City Council Meeting, September 12, 1985. Councilman McIlhaney seconded the motion which was approved unan- imously, 6-0. Agenda Item No. 6 - A ~ublic hearing on the question of rezoning Lots 18, 19, 20 and 20 feet of Lot 17, Block 4, West Park Addi- tion Subdivision located at the northeast corner of the intersec- tion of Park Place and Wellborn Road, from R-1 Single Family Res- idential to R-4 A~artments Low Density. Applicant is Henry William Hilton. (85-118) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns Lots 18, 19, 20 and 20 feet of Lot 17, Block 4, West Park Addition Subdivision from R-1 Single Family Residential to R-4 Apartments Low Density. He listed the existing land uses in the area and noted that on the city's Land Use Plan the area is reflected as low density resi- dential. He pointed out that this portion of the area along Wellborn Road has been identified as having a low suitability for single family residential use, but a high to very high multi-fam- ily suitability. He listed several concerns of the staff with regard to the rezoning request as follows: (1) the area is re- flected as low density residential on the Land Use Plan, however that does not limit the appropriate zoning districts to R-l, but would allow for a certain degree of higher density zoning to be established; and, (2) the request addresses only a portion of a REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1985 PAGE 3 block which is designed for development of low density residen- tial uses, which could result in that portion of the block im- pacting the remaining single family residences on the block. He noted that the Planning and Zoning Commission voted (7-0) on 9/5/85 to recommend denial of this rezoning request. He further stated that this rezoning request was not included in the morato- rium on rezoning applications established in this area by Council on 8/22/85. Mayor Halter opened the public hearing. Mr. Henry Hilton, applicant, listed the concerns expressed by the Planning and Zoning Commission concerning this request as fol- lows: (1) if the rezoning request for R-4 zoning is approved it will result in other rezoning requests of the same magnitude in the area; and, (2) the current fire system in the area does not comply with the Fire Code standards for multi-family dwellings. He stated that he met with city staff to discuss cost figures for extending a six inch waterline with a fire hydrant to the loca- tion, noting that he is agreeable to financing the installation of these items in order to comply with the Fire Code. He pointed out that he had planned to develop this property as multi-family dwellings as part of his retirement. Mr. Jim Collinsworth, 109 Park Place, expressed concern about the water and sewer capacity in the area and the addition of eleven dwellings onto the system. He pointed out that the streets in the area are very narrow, noting that they might not be able to accommodate the traffic generated by eleven additional resi- dences. Councilman Tongco asked what specific problems Mr. Collinsworth has encountered with the water and sewer system. He stated that the sewer runs slow in the morning hours. She asked if there is a parking problem in the area. Mr. Collinsworth stated that a number of vehicles are always parked on the street. No one else spoke. The public hearing was closed. A~enda Item No. 7 - Consideration of an ordinance rezonin~ the above tracts. Councilman Tongco asked if the engineering staff had any recom- mendations concerning the water and sewer capacity in the area. City Engineer Pullen noted that this area was developed some time ago and the sanitary sewerlines probably are in need of some maintenance work, but with regard to the size of the line it is adequate to handle the capacity proposed with the additional res- idences. He further stated that the water system would need to REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1985 PAGE 4 be extended to provide adequate fire protection for the proposed units. Councilman Runnels moved to deny the rezoning request for Lots 18, 19, 20 and 20 feet of Lot 17 Block 4 West Park Addition from R-1 Single Family Residential to R-4 Apartments Low Density. Councilman Bond seconded the motion which was approved unanimous- ly, 6-0. A~enda Item No. 8 - A public hearin~ on the question of rezonin~ Lots 17, 18 and 19, Block 1Re~ency Square Subdivision located at the southesat corner of the intersection of Wellborn Road and Holleman Drive from C-N Neighborhood-Business to C-1 General Com- mercial. Applicant is S. Kelley Broach. (85-119) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns Lots 17, 18 and 19, Block 1 Regency Square Subdivision from C-N Neighborhood-Business to C-1 General Commercial. He listed the existing land uses in the area and noted that on the city's Land Use Plan the area is reflected as low density residential. He pointed out that the Planning and Zoning Commission approved site plans and uses on all three lots. He stated that the commercial development poli- cies require that commercial zoning located on arterials have a minimum depth of 400 feet wherever possible, noting that the tract's depth off of Wellborn Road varies from 177 to 350 feet. He further stated that the Comprehensive Plan identifies property located at the intersection of thoroughfares as appropriate for commercial developments. He recommended denial of the rezoning request for the following reasons: (1) the tract is adjacent to an existing residential area to the south and a proposed duplex area to the east; (2) the tract does not comply with development policies with respect to depth for this type of zoning; and, (3) the tract is reflected as low density residential on the Land Use Plan and the current C-N Neighborhood-Commercial zoning is more appropriate for areas adjacent to residential areas. He ex- plained several alternatives to C-1 zoning on these lots, recom- mending that any change in zoning be made contingent upon joint access and development of the three lots. He further stated that the Planning and Zoning Commission voted (6-1) on 9/5/85 to rec- ommend approval of the request. He explained that the applica- tion for rezoning was submitted prior to Council approval of a moratorium on rezoning requests in the area. Mayor Halter opened the public hearing. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1985 PAGE 5 Mr. Kenny Broach, 3535 Plainsman, Bryan, Texas, listed four points for the Council to consider regarding the request for re- zoning this tract to C-1 Commercial, as follows: (1) rezone to concur with developmental policies and strategies; (2) rezone be- cause of developmental suitability; (3) rezone because the ap- proved uses are more compatible with C-1 than C-N and C-3; and, (4) rezone because of equity. He presented a brief explanation of each point. In closing, he requested approval of the rezoning request on this property. Councilman McIlhaney stated that if C-1 zoning is approved for this property a barrier will have to be erected to protect the surrounding residential property, and questioned whether the ap- plicant would be willing to erect a masonry fence. Mr. Kelley Broach, 1700 Kyle, stated his intention to develop the property in a manner that would be complimentary to the surround- ing area. He stated that he would be willing to provide anything his competitors across the street had committed to provide. Assistant Director of Planning Callaway stated that a fence is required around a developed commercial tract if it is located ad- jacent to developed residential property. Agenda Item No. 9 - Consideration of an ordinance rezonin~ the above lots. Councilman Bond moved approval of Ordinance No. 1615 rezoning the above lots from C-N Neighborhood Commercial to C-1 Commercial. Councilman Runnels seconded the motion which was approved unani- mously, 6-0. Agenda Item No. 10 - CONSENT AGENDA: BIDS: Annual Liquid Polymer Supply contract - Bid 85-25 PLATS: Final Plat - Replat of part of Block G College Heights Addition and part of Lot 22 D.A. Smith Subdivision (85-221) Ail items were approved by common consent. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1985 PAGE 6 A~enda Item No. 11 - Consideration of a request for oversized wa- ter participation ~a~ment for Southwood Valley Sections 24A and 25 submitted by Area Progress Corporation. City Engineer Pullen presented the item. He stated that the re- quest from Area Progress Corporation is for a sixteen inch water- line to Southwood Valley Section 24A and 25. He stated that he reviewed the request and recommends payment in the amount of $62,010.00. Councilman Runnels moved to authorize an oversized water partici- pation payment in the amount of $62,010.00 to Area Progress Cor- poration. Councilman Brown seconded the motion which was approved unani- mously, 6-0. A~enda Item No. 12 - Consideration of award of contract for Dartmouth/Holleman Street ~ro~ect. Director of Capital Improvements Ash presented the item. He ex- plained the different aspects of the project, which involves the construction of two major roadways and a major bridge at the in- tersection of the two roadways on Wolfpen Creek. He recommended that the contract be awarded to Young Brothers Inc. of Waco for Alternate B in the amount of $1,354,413.35. Councilman Bond asked if the low bid came in within budget. Di- rector of Capital Improvements Ash replied affirmatively, noting that the estimated cost of the project was $1,400,000.00. Councilman Runnels moved to award the contract for the Dartmouth/ Holleman Street project to Young Brothers Inc. of Waco for Alter- nate B in the amount of $1,354,413.35. Councilman Brown seconded the motion which was approved unani- mously, 6-0. A~enda Item No. 13 - Consideration of award of contract for the Lincoln/Munson waterline C.I.P. #R-83-83-05. Director of Capital Improvements Ash presented the item. He lo- cated the project on the map. He recommended awarding the con- tract to Allco, Inc., the low bidder, in the amount of $577,995.73 with a contract completion time of 150 consecutive calendar days. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1985 PAGE 7 Councilman Bond moved to award the contract for the Lincoln/ Munson waterline to Allco, Inc., the low bidder, in the amount of $577,995.73 with a contract completion time of 150 consecutive calendar days. Councilman McIlhaney seconded the motion which was approved unan- imously, 6-0. A~enda Item No. 14 - Consideration of an ordinance amendin~ the Oil and Gas Production Permit issued to Inexco Oil Company. City Attorney Locke presented the item. She stated that at the last Regular City Council Meeting the Council approved the issu- ance of an oil and gas production permit to Inexco Oil Company on the Kapchinski property off of Krenek Tap Road. She explained that Inexco has requested that they be allowed to substitute a bond for a letter of credit as specified in the original permit. She pointed out that there were no other changes made in the per- mit. Councilman Brown moved approval of Ordinance No. 1616 amending the Oil and Gas Production Permit issued to Inexco Oil Company. Councilman Runnels seconded the motion which was approved unani- mously, 6-0. A~enda Item No. 15 - Consideration of an ordinance amendin~ Sub- Section D of Chapter I, Section 13, of the Code of Ordinances, City of College Station, Texas, relatin~ to the sellin~ of alco- holic beverages near churches, schools and hospitals. City Secretary Jones presented the item. She pointed out that the proposed ordinance was drafted at the request of the Coun- cil, noting that the word "churches" should be deleted from the heading. She stated that the ordinance will modify current Ordi- nance No. 1430 that was approved approximately two years ago. Councilman Bond asked for clarification of the modification to the current ordinance. City Secretary Jones stated that the pro- posed ordinance would regulate the sale of alcoholic beverages near public hospitals and schools only. Mayor Halter pointed out that the city has encountered problems in the Northgate area with regard to the current regulations. City Secretary Jones noted that there have been requests from churches interested in selling alcoholic beverages at fund rais- ing events. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1985 PAGE 8 Mayor Halter asked for comments from the public. Mr. Larry Watson, Pastor of Bethel Baptist Church, stated that alcoholic beverages should not be served in church facilities. He asked what are the perceived benefits of the amendment. Mayor Halter stated that the proposed ordinance will make it easier for the city to deal with matters in the Northgate area. He asked Mr. Watson what he perceives the benefits to be of the current ordinance. Mr. Watson replied that the current ordinance contributes to the positive image of the city. After further discussion, Councilman McIlhaney suggested that the problem in the Northgate area could be addressed specifically without deleting churches from the current ordinance. She stated that she does not want to create a potential problem trying to solve an existing problem. Councilman Bond moved denial of the proposed ordinance amending Sub-section D of Chapter I, Section 13, of the Code of Ordi- nances, City of College Station, Texas, relating to the selling of alcoholic beverages near schools and hospitals. Councilman Brown seconded the motion. After a brief discussion concerning previous consideration of this item, City Attorney Locke suggested that any further dis- cussion regarding potential lawsuits relating to the current or- dinance be discussed in closed session under "pending litiga- tion.'' Councilman McIlhaney moved to table consideration of the proposed ordinance upon the recommendation by the City Attorney. Councilman Runnels seconded the motion which was approved unani- mously, 6-0. Agenda Item No. 16 - Consideration of an ordinance amendin~ Chap- ter 10, Section 2G of the Code of Ordinances, City of College Station, relating to traffic control devices. Director of Capital Improvements Ash presented the item. He pointed out that the proposed ordinance was drafted, at the re- quest of Mayor Halter, to address a problem created by bicyclists traveling in motor vehicle lanes when bike lanes are provided. He located the different areas throughout the city where this is occurring. He stated his opinion that the proposed ordinance REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 26, 1985 PAGE 9 may not be addressing the Council's concerns and suggested that the proposed ordinance should be more site specific. Mayor Halter asked if the bikeway could be signed stating "Bikes Must Use Bikeway." Director of Capital Improvements Ash stated that it could be signed in that manner, but it would not comply with the Uniform Traffic Code. After further discussion concerning the matter, no action was taken. Agenda Item No. 17 - Hear Visitors. No one spoke. Agenda Item No. 18 - Closed session to discuss pending litigation [6252-17 (2)(el, personnel [6252-17 (2)(g)] and land acquisition [6252-17(2) (f) ]. A. Personnel [6252-17(2)(g)]. 1. Discussion of Administrative Appointments. 2. Discussion of Citizen Committe Appointmnets. B. Land Acquisition [6252-17(2)(f)]. 1. Water tower site. 2. Parkland acquisition. The Council moved to closed session and later reopened to the public. Agenda Item No. 19 - Action on closed session. No action was taken on closed session. Agenda Item No. 20 - Adjourn. Mayor Halter adjourned ATTEST .- Dian Jo~, City Secretary the meeting at 10:50 ~M. REGULAR CITY COUNCIL September 26, 1985 7:00 p.m. MEETING 3.~ 21. 4. 22. 15. 16. 17. 36. 005265