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HomeMy WebLinkAbout09/12/1985 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Bond, Tongco, Boughton, Brown, McIlhaney, Runnels, COUNCIL MEMBERS ABSENT: None STAFF PRESENT: 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, Utilities Office Manager Piwonka, Energy Specialist Shear, Cap- tain Kennedy, Design Engineer Hester, Personnel Director Dickson, Council Coordinator Jones STUDENT GOVT. LIAISON: Mike Hachtman VISITORS PRESENT: See guest register. A~enda Item No. 1 - Si~nin~ of a proclamation designating August 26, 1985 as "Women's Equality Day" in College Station, Texas. Mayor Halter signed a proclamation designating August 26, 1985 as "Women's Equality Day" in College Station, Texas. Ms. Rosetta Keaton and Ms. Jean Williamson were present to accept the procla- mation. A~enda Item No. 2 - Si~nin~ of a proclamation desi~natin~ the week of September 8 - September 14, 1985 as the "American Heart Association's Food Festival" in College Station, Texas. Mayor Halter signed a proclamation designating the week of Sep- tember 8 - September 14, 1985 as the "American Heart Associa- tion's Food Festival" in College Station, Texas. Ms. Liz Rice was present to accept the proclamation. A~enda Item No. 3 - Approval of the minutes of the Workshop City Council Meeting, August 21, 1985 and the Regular City Council Meeting, August 22, 1985. Councilman Boughton moved approval of the minutes of the Workshop City Council Meeting, August 21, 1985 and the Regular City Coun- cil Meeting, August 22, 1985. Councilman McIlhaney seconded the motion which was approved unan- imously, 7-0. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 2 Mayor Halter stated that Agenda Item Nos. 7 and 8 would be con- sidered prior to Agenda Item No. 4 if there were no objections from the Council. The Council concurred. Agenda Item No. 7 - Consideration of an ordinance approving the issuance of a ~ermit for the drilling of an oil and gas well by R&C Petroleum, Inc. Director of Planning Mayo presented the item. He located the proposed site on the map. He pointed out that there are single family residences backing up to the site, which is currently zoned R-4. He stated that the major problem with the proposed site is the proximity of the single family residences on Augustine Court. He explained that the staff has looked at sev- eral alternate sites that would have less impact on the surround- ing neighborhoods, and located them on the map. He pointed out that eleven single family residences back up to the proposed site and approximately twenty multi-family units are located across the street from the proposed site, all will be directly impacted by this proposal. He passed around photographs that depict how close the project will actually be to the residences in the area. He recommended that the applicant consider an alternate site for drilling an oil and gas well in the area. Mayor Halter asked for comments from the public. Mr. William Fitch, owner of the proposed site, noted that cur- rently there is no oil lease on the property. He explained that an oil lease on this tract will not be negotiated until the own- ers of the single family residences that back up to the site have been consulted and a suitable arrangement is made with them for compensation. He suggested that in the future any major change in land use, such as the drilling of oil wells, be considered just like a zoning change or request for a conditional use per- mit. He requested that this item be removed from the agenda. Councilman Runnels moved to deny the request for issuance of a permit for the drilling of an oil and gas well by R&C Petroleum, Inc. Councilman Bond seconded the motion which was approved unanimous- ly, 7-0. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 3 Agenda Item No. 8 - Consideration of an ordinance approving the · ssuance of a permit for the drilling of an oil and gas well b~ Inexco Oil Company. Director of Planning Mayo presented the item. He noted that the staff has looked at the proposed site for the oil well and has determined that it would have no impact on the surrounding area. He stated that the proposed site is over 500 feet from the near- est single-family residence. He passed around photographs of the proposed site. He recommended approval of the permit for the drilling of an oil and gas well. City Attorney Locke pointed out that the Engineering Staff had requested that the bond be set at $50,000.00 to cover the damage possibilities estimated on the road. She noted that the city lost its oil and gas consultant, but she did not want to delay consideration of these items while continuing to locate a new consultant. Mayor Halter asked for comments from the public. No one spoke. Councilman Bond moved approval of Ordinance No. 1610 approving the issuance of a permit for the drilling of an oil and gas well by Inexco Oil Company. Councilman Brown seconded the motion which was approved unani- mously, 7-0. The Council concurred to direct the staff to include in the revi- sions of the city's Zoning Ordinance the requirement that public notification be given for a request for issuance of a permit for the drilling of an oil and gas well inside the city limits. City Attorney Locke pointed out that she is drafting an oil and gas ordinance and will present it to the Council sometime in the near future. Councilman McIlhaney asked if the city can require that notifica- tion be given to property owners within 500' or is the limit set by State Law. City Attorney Locke stated that the city could specify the distance to be included in the ordinance. A~enda Item No. 4 - A public hearing on the Question of rezoning a 36.61 acre tract in the Crawford Burnett League located on the west side of the intersection of Welsh Avenue and San Marlo Court from Low Density Apartments District R-4 to Single Family Resi- dential District R-1. Applicant is Area Progress Corporation. (85-117) Assistant Director of Planning Callaway presented the item. He REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 4 stated that the rezoning request concerns a 36.61 acre tract in the Crawford Burnett League from Low Density Apartments District R-4 to Single Family Residential District R-1. He listed the existing land uses in the area and noted that on the city's Land Use Plan the area is reflected as medium density residential. He noted that the request provides for less density than anticipated in this location. He pointed out that the requested zoning dis- trict is compatible with existing and proposed area development. He explained that the proposed R-1 area is well buffered (by R-4) from a C-1 zoned area located approximately 500 to 600 feet east of the subject tract. He recommended approval of the rezoning request and noted that the Planning and Zoning Commission voted (6-0) on 8/15/85 to recommend approval of the request. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. A~enda Item No. 5 - Consideration of an ordinance rezonin~ the above tract. Councilman Tongco moved approval of Ordinance No. 1611 rezoning the above tract to Single-Family Residential R-1. Councilman Bond seconded the motion which was approved unanimous- ly, 7-0. Councilman McIlhaney left the meeting. A~enda Item No. 6 - CONSENT AGENDA: BIDS: Miscellaneous playground equipment - Bid 86-6 PLATS: Final Plat - Southwood Valley Section 25C (85-218) Final Plat - Southwood Valley Section 25B (85-219) Final Plat - Belmont Place Section 2 (85-220) Preliminary Plat - George McCulloch's Industrial Area (85-310) Mayor Halter removed Bid 86-6 from the consent agenda at the staff's request. Councilman Tongco requested that a policy be established where cul-de-sacs having the same name that are opposite each other across streets be designated as North and South or East and West. She questioned whether the extension of Holleman would need to be constructed wider than indicated on the plat, and if so would it be possible to require additional right-of-way at this time. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 5 Director of Planning Mayo explained the proposed land uses for the property along West Holleman. Councilman Bond asked what is the proposed width for the exten- sion of West Holleman. Director of Planning Mayo stated that it is in sixty feet of right-of-way and is proposed as a thirty-nine foot street. Director of Capital Improvements Ash pointed out that a portion of Holleman has already been constructed to those specifications. Councilman Runnels asked about the proposed extension of South- west Parkway across Wellborn Road. Director of Capital Improve- ments Ash explained that the likelihood of getting a railroad crossing at Southwest Parkway was given up when the city negoti- ated with the railroad company to obtain the Holleman Street crossing. Director of Planning Mayo stated that Southwest Parkway west of Holleman has been platted in a 70 foot right-of-way. Councilman Runnels requested that the city maintain its plans to construct Southwest Parkway west of Holleman in 70 feet of right-of-way in case the railroad company should abandon its plans for construc- tion of the Holleman Street railroad crossing. Councilman Tongco stated that if at some point in the future Holleman will need to be constructed to carry more traffic than proposed, would it not be prudent to obtain the additional right- of-way at this time. Director of Capital Improvements Ash pointed out that Holleman west of Wellborn is approximately two- thirds complete. Mayor Halter stated that in the future the staff should suggest to developers when naming cul-de-sacs opposite each other across streets they be designated North and South or East and West. Councilman Tongco encouraged the staff to start preparing now for the future concerning the size of streets that will be necessary to carry the traffic flow in College Station. Ail items not removed from the consent agenda were approved by common consent. Agenda Item No. 9 - Consideration of ~ro~osed energy conservation ~ro~ram for apartment complexes. Energy Specialist Shear presented the item. He summarized the proposed program, which will consist of three stages, and noted that participation in the program will be on a voluntary basis. He explained why there is a need for this type of program in REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 6 College Station, Texas, noting that apartment units represent ap- proximately one-third of the city's residential dwellings. He listed the benefits of the proposed program as follows: (1) es- tablish a more workable relationship between apartment complexes and the city; (2) help to increase the quality of comfort afford- ed occupants of apartment units; (3) provide information to indi- viduals who are interested in apartment energy efficiencies be- fore executing a lease; and, (4) aid the city in reducing its peak demand. He further stated that the Energy Management Com- mittee reviewed the proposed program and voted (6-0) to recommend approval. He stated that the program will require funds in the amount of $26,400.00, noting that the majority of the funds will be appropriated for temporary staff. Student Government Liaison Hachtman asked if condominiums will be included in the proposed program. Energy Specialist Shear ex- plained that the program will require that the word "apartment" be defined, which poses a difficult problem. Councilman Brown asked Shear if any owners of apartment complexes in the city had contacted him. Energy Specialist Shear noted that there will probably be some opposition to this program from apartment owners. He predicted that approximately fifteen per- cent of the apartment complexes will participate in the program. Councilman Bond asked where the funds will be appropriated from for this program. Energy Specialist Shear stated that the funds will come from interest income earned off the Gulf States Utili- ties rebate. Councilman Tongco stated that the Energy Management Committee worked very hard on establishment of the program and urged the Council to give it favorable support. She noted that it will help make the citizens of College Station more energy conscious. She further explained that in the past there has not been strict honesty between the apartment owners and renters, noting that this program will help renters get a fair shake. Councilman Tongco moved approval of an energy conservation pro- gram for apartment complexes in College Station, Texas. Councilman Brown seconded the motion which was approved unani- mously, 6-0, with Councilman McIlhaney absent. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 7 A~enda Item No. 10 - Consideration of a resolution ~rovidin~ for five new traffic signals in College Station, Texas. Director of Capital Improvements Ash presented the item. He stated that the proposed resolution outlines an agreement between the City of College Station and the Texas Highway Department for the construction, installation and maintenance of five traffic signals. He explained that the Highway Department will be re- sponsible for construction of the signals and upon completion the city will assume responsibility for maintenance. He listed the location of the five signals as follows: (1) LP 507 and Deacon Street; (2) FM 2818 and Longmire; (3) FM 2818 and Rio Grande; (4) FM 2154 and Southwest Parkway; and, (5) FM 2154 and FM 60 ( ramps ) . Councilman Bond asked about the mechanics of the signal construc- tion at FM 2154 and FM 60. Traffic Engineer Black provided a brief explanation of the proposed signal and how it will be syn- chronized in order to provide adequate safety for the intersec- tion. Traffic Engineer Black stated that he wrote the Highway Depart- ment requesting that the flashing signals on Highway 30 at the frontage roads be changed to four-way red flashing. He further stated that he received a letter from the Highway Department con- cerning the city's request that the Highway Department look into the funding of a signal at FM 2818 and Jersey Street, in addition to making that intersection a four-way stop until erection of a signal. Mayor Halter asked about the compatibility of the signal equip- ment with the city's existing equipment. Traffic Engineer Black explained that a deal was negotiated with the Highway Department to allow the city to purchase the equipment for these signals and it is compatible with existing equipment. Councilman Runnels asked about wording in the resolution and agreement concerning changes in the timing of the signals. Traf- fic Engineer Black stated that the Highway Department in the past has not disagreed with any of his proposals to change timings. He noted that the wording included in the resolution and agree- ment provides the Highway Department with some input if they do not agree with the proposed timings submitted by the city. Councilman Boughton moved approval of Resolution No. 09-12-85-10 providing for five new traffic signals in College Station, Texas. Councilman Runnels seconded the motion which was approved unani- mously, 6-0, with Councilman McIlhaney absent. _'~.? 7 REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 8 Agenda Item No. 11 - Consideration of ~ro~osed construction proj- ect to extend the Southwest Parkway sidewalk. Director of Capital Improvements Ash presented the item. He ex- plained that the Council in previous action authorized the con- struction of a sidewalk on the north side of Southwest Parkway from Welsh Street to Anderson, in addition to some improvements on the south side at an estimated cost of approximately $54,133.00. He explained that Councilman Boughton had suggested that the staff investigate the possibility of extending the side- walk along the north side of Southwest Parkway from Anderson Street to Texas Avenue. He summarized two alternatives for ex- tending the sidewalk on Southwest Parkway as follows: Alternate B-1 involving the construction of a four foot wide reinforced concrete sidewalk on both sides of Southwest Parkway between Texas Avenue and Anderson Street including a signalized pedestri- an crossing at Texas Avenue at an estimated cost of approximately $26,687.00; and, Alternate B-2 involving the construction of a four foot wide reinforced concrete sidewalk on the north side of Southwest Parkway connecting the Parkway Square Shopping Center to Anderson Street at an estimated cost of approximately $2,633.00. He requested direction from the Council concerning the proposal. Councilman Boughton stated that she had received several calls from citizens who enjoy walking to the shopping centers in the area, and approached the staff about the possibility of extending the sidewalk along the north side of Southwest Parkway. She sug- gested that the Council consider Alternate B-2. She questioned whether the cost estimate for Alternate B-2 included the figures for construction of the retaining wall that is necessary. Direc- tor of Capital Improvements Ash replied affirmatively. Councilman Runnels asked if the signal modification proposed in Alternate B-1 will require approval from the Texas Highway De- partment. Director of Capital Improvements Ash replied affirma- tively. Councilman Runnels moved to approve Alternate B-2 providing for the construction of a four foot reinforced concrete sidewalk ex- tension from Anderson Street to the Parkway Square Shopping Cen- ter at a cost of approximately $2,633.00. Councilman Boughton seconded the motion which was approved unani- mously, 6-0, with Councilman McIlhaney absent. Mayor Halter asked if bicyclists are required by law to use bike lanes if they are provided. Traffic Engineer Black replied nega- tively. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 9 Mayor Halter requested the staff to investigate the feasibility of ticketing bicyclists using motor vehicle lanes when bicycle lanes are provided. Agenda Item No. 12 - Consideration of a request for additional personnel for the Police Department. Mayor Halter stated that the Personnel Council Committee reviewed the proposal and recommends that the position be funded. Captain John Kennedy presented the request for a Technical Super- visor for the calibration and care of the breath alcohol testing instrument (intoxilizer). He stated that the individual con- tracted for this position resigned effective September 1, 1985. He stated that without a Technical Supervisor the city's intoxi- lizer instrument will lose its certification; in addition, the fourteen officers who are certified breath analyzer operators will lose their certifications. He listed the responsibilites associated with the position of technical supervisor. He pre- sented several options for providing the necessary services to maintain certification of the city's intoxilizer equipment as follows: (1) hire an individual trained and serving as a techni- cal supervisor with the Department of Public Safety, at a cost of approximately $36,000.00; (2) hire an individual with the minimum required background and train at the department's expense at a cost of approximately $29,000.00; and, (3) contract with a trained individual in Houston for the necessary services at a cost of approximately $7,500.00/year. He recommended that alter- native no. 1 be withdrawn and that the Council consider only al- ternative nos. two and three. He noted that an officer in the Department meets the required educational background. He sug- gested that the Council consider contracting the necessary ser- vices with the individual out of Houston in order to maintain certification of the equipment and officers. He noted that in addition to contracting the services the Council could also ap- prove funding for the training of the officer in the Department to take over the duties of Technical Supervisor. Mayor Halter suggested that the Council should consider a long term solution to the problem and consider the appropriation of funds for the training of the individual currently employed by the Police Department and noted that the individual could assume other duties in addition to those prescribed for the Technical Supervisor. He noted that the Personnel Council Committee decid- ed that it would be best to consider hiring a certified individ- ual for the position, in order to ensure that the city's certifi- cation is not jeopardized. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 10 Personnel Director Dickson pointed out that if the patrol officer is transferred to the position of Technical Supervisor it would necessitate the hiring of a patrol officer to fill the vacancy. Councilman Tongco questioned why the additional position would be needed. Personnel Director Dickson provided several reasons for needing the additional position. She explained that the Techni- cal Supervisor would also be responsible for all evidence and property. Councilman Tongco asked who is currently handling the evidence and property. Captain Kennedy stated that he is currently han- dling the evidence and property room as collateral duties. He explained the procedures that must be followed when handling evi- dence. Councilman Tongco asked who will perform the evidence and proper- ty room duties if the Council decides to contract the services for a Technical Supervisor. He stated that he would continue to be in charge but would have to assign it as a collateral duty un- der Lieutenant Kapella. Councilman Tongco pointed out that the Council approved the addi- tion of two or three positions in the Police Department already this year. She stated that she would prefer to contract the ser- vices for a Technical Supervisor, which would not necessitate ad- ditional position. Captain Kennedy explained that the city could contract for the services of a Technical Supervisor, in addition the funds could be appropriated to train the individual who is currently employed as a patrol officer. Councilman Tongco pointed out that there would be no guarantee that the individual trained as a Technical Supervisor would stay with the department. Councilman Bond questioned whether a decision to train the indi- vidual as a Technical Supervisor needed to be addressed immedi- ately in order to comply with time constraints for scheduling training. Captain Kennedy provided a time schedule of the schools required for certification as a Technical Supervisor. Councilman Bond asked for clarification of the staff's recommen- dation. Captain Kennedy recommended that the city enter into a special contract for the services of Technical Supervisor. He stated that if the Council wanted to consider training the indi- vidual currently employed in the Police Department he could be maintained in his current position and trained, which would re- quire a minimum amount of funding. He pointed out that this REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 11 would allow the individual to advance in his current capacity while maintaining certification as a Technical Supervisor. Councilman Bond moved to authorize the city to enter into a spe- cial contract with the individual from Houston for services of Technical Supervisor, in addition to appropriating funds for training, provided the Police Department employs an individual with the required qualifications. Councilman Brown seconded the motion which was approved unani- mously, 6-0, with Councilman McIlhaney absent. Agenda Item No. 13 - Consideration of a resolution adopting a plan of service for annexation of 1.73 acres located southwest of the intersection of Rock Prairie Road and Rio Grande Drive, Col- lege Station, Texas. City Engineer Pullen presented the item. on the map. He located the property Councilman Bond moved approval of Resolution No. 09-12-85-13 adopting a plan of service for annexation of 1.73 acres located southwest of the intersection of Rock Prairie Road and Rio Grande Drive, College Station, Texas. Councilman Brown seconded the motion which was approved unani- mously, 6-0, with Councilman McIlhaney absent. Agenda Item No. 14 - Consideration of an ordinance receiving cer- tain territory adjoining the city limits of the City of College Station, being 1.05 acres in the Crawford Burnett League, Ab- stract No. 7. Councilman Boughton moved approval of Ordinance No. 1612 re- ceiving certain territory adjoining the city limits of the City of College Station, being 1.05 acres in the Crawford Burnett League, Abstract No. 7. Councilman Tongco seconded the motion which was approved unani- mously, 6-0, with Councilman McIlhaney absent. Agenda Item No. 15 - Consideration of an ordinance receiving cer- tain territory adjoining the city limits of the City of College Station, being 0.68 acres in the Crawford Burnett League, Ab- stract No. 7. Councilman Runnels moved approval of Ordinance No. 1613 receiving certain territory adjoining the city limits of the City of Col- lege Station, being 0.68 acres in the Crawford Burnett League, Abstract No. 7. REGULAR CITY COUNCIL MEETING THURSDAY, SEPTEMBER 12, 1985 PAGE 12 Councilman Boughton seconded the motion which was approved unanimously, 6-0, with Councilman McIlhaney absent. Agenda Item No. 16 - Consideration of an ordinance vacating and abandoning a portion of a public utility easement on Lot 16 in Block 10 of Southwood Section 24. City Attorney Locke presented the item. She referred to the dia- gram included in the packet illustrating a situation where the house constructed on the lot encroaches on a utility easement. She noted that the proposed abandonment is approximately two feet wide. Councilman Runnels moved approval of Ordinance No. 1614 vacating and abandoning a portion of a public utility easement on Lot 16 in Block 10 of Southwood Section 24. Councilman Boughton seconded the motion which was approved unanimously, 6-0, with Councilman McIlhaney absent. Agenda Item no. 17 - Hear Visitors. No one spoke. Agenda Item No. 18 - Closed session to discuss pending litigation [6252-17(2)(e)], personnel [6252-17(2)(g)] and land acquisition [6252-17 (2) (fi. A. Personnel [6252-17(2)(g)]. 1. Discussion of administrative appointments. 2. Discussion of citizen committee appointments. 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 the meeting ATTEST~~: ~. Dian Jori Secretary at 10:30 P.M. Gary Hal~, Mayor GUEST REGISTER Regular City Council Meeting Thursday, September 12, 1985 7=00 p.m. 18. 19. 20. 21. 10. 11. 22. 23. 24. 25. 26. 27. 28. 12. 29. 13. 30. 14. 31. 15. 32. 16. 33. 17. 34. 005246