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HomeMy WebLinkAbout04/26/1984 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 26, 1984 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Boughton, Anderson, McIlhaney, Prause, Reinke, Runnels COUNCIL MEMBERS ABSENT: None STAFF PRESENT: Assistant City Manager VanDever, City Secretary Jones, Assistant City Attorney Locke, Director of Capital Improvements Ash, Director of Planning Mayo, Deputy Finance Director Schroeder, Assistant Director of Planning Callaway, Planning Assistant Longley, Utilities office Manager Piwonka, Building official Perry, Major Feldman, Purchasing Agent McCartney, Personnel Manager Dickson, Administrative Assistant Magoon, Assistant Zoning official Johnson, Council Coordinator Jones VISITORS PRESENT: See guest register. Agenda Item No. 1 - Signing of a proclamation designating April 29 through 30, 1984 as "the Days of Remembrance of the Holocaust" in College Station. Mayor Halter signed a proclamation designating April 29 through 30, 1984 as "the Days of Remembrance of the Holocaust" in College Station. Rabbi Peter Tarlow accepted the proclamation and stated that the Holocaust is a symbol of man's inhumanity towards his fellow man. He further stated that the purpose of this proclamation is to remind mankind of the intense suffering inflicted upon the many millions of innocent people sent to Nazi death camps and to require each person to reflect on how to prevent its recurrence. Agenda Item No. 2 - Signing of a proclamation designating the week of May 6 through 12, 1984 as "Sexual Assault Awareness Week" in College Station. Mayor Halter signed a proclamation designating the week of May 6 through 12, 1984 as "Sexual Assault Awareness Week" in College Station. The Honorable Carolyn Ruffino, County Court At Law Judge, accepted the proclamation. She stated that the purpose of this proclamation is to help create an awareness of what can be done to avoid rape. Agenda Item No. 3 - Signing of a proclamation designating the month of May,_ 1984 as "College Station Foster Family Month" in College Station. Mayor Halter signed a proclamation designating the month of May, 1984 as "College Station Foster Family Month". Roberta Pugh, President of the 00 329 REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 26, 1984 PAGE 2 Brazos Valley Foster Parent Association, accepted the proclamation and thanked the city for their recognition. Mayor Halter asked where people would inquire about getting involved in this program. Ms. Pugh stated that interested parties need to contact the Department of Human Resources. Presently there is a special need for homes for infants and teenagers. Agenda Item No. 4 - Council Concerns. Councilman McIlhaney stated that she had talked with Clara Mounce, librarian with the Bryan Public Library, concerning the possibility of locating a branch library in College Station. She asked the Council to consider establishing a book drop in College Station with Revenue Sharing Funds. Councilman McIlhaney suggested that a council committee be designated to discuss the extension of services for citizens in the newly annexed areas. The Council concurred to refer this matter to the Capital Improvements Council Committee to review and return with recommendations. Councilman Runnels asked about the status of the striper machine. Director of Capital Improvements Ash stated that he would contact Traffic Engineer Black concerning the matter. Councilman McIlhaney thanked the staff for their prompt attention to her request for a change on the traffic signal at the intersection of Highway 30 and Munson. Mayor Halter stated that the Council Goal Setting Retreat is scheduled for Friday and Saturday, May 4-5, 1984. He presented a tentative agenda for the meeting and noted that on Saturday a group of individuals from the University of Texas at Arlington will present a program. Councilmen Runnels and Prause stated that they had problems with that particular weekend. Agenda Item No. 5 - Approval of the minutes of the Workshop City Council Meeting, April 11, 1984 and the Regular City Council Meeting, April 12, 1984. Councilman Boughton moved approval of the minutes of t~e Workshop City Council Meeting, April 11, 1984 and the Regular City Council Meeting, April 12, 1984. Councilman Anderson seconded the motion which was approyed unanimously, 7-0. 00 .330 REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 26, 1984 PAGE 3 Agenda Item No. 6 - A public hearing on the question of amending Section 5-M of ordinance No. 850, the zoning ordinance for the City of College Station revising the District M-2 Heavy Industrial Regulations regarding permitted uses. (84-801) Assistant Director of Planning Callaway presented the item. He stated that this draft ordinance would exclude all C-1 uses from the M-2 Heavy Industrial District and would minimize the crossover between the general categories of commercial and industrial zoning districts. He further stated that the Planning and Zoning Commission recommended approval of this amendment by a vote of 7-0 on April 5, 1984. The staff recommends approval of this amendment with the notation that the tract located at 101 W. Jersey be excluded from the effect of this ordinance. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 7 - Consideration of an ordinance amending the zoning ordinance as stated above. Mayor Halter noted that the Council had received a memorandum from two members of the Planning and Zoning Commission concerning this ordinance. Director of Capital Improvements Ash explained the staff's effort to "clean up" the zoning ordinance by eliminating "cross uses". Councilman McIlhaney stated that she would have no problems with this amendment as long as the tract at 101 W. Jersey and any adjacent tracts involved in the project are excluded from the effect of this ordinance. Director of Planning Mayo requested that the property owners submit legal descriptions for the tracts involved in this project that will be exempt from the effects of this ordinance. After some discussion of the meaning of the statement "exclusion of projects underway", Director of Capital Improvements Ash explained that "exclusion of projects underway" will be limited to those projects that are presently involved in the city's planning process. Councilman Boughton moved approval of ordinance No. 1513 with the stated exclusion of the two pieces of property located at the corner of Jersey, Wellborn and Marion Pugh. She requested that the motion include the requirement that the individuals concerned provide legal descriptions for the property. Councilman Reinke seconded the motion. Councilman Anderson stated that he felt more specifics need to be provided. 00 .331 REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 26, 1984 PAGE 4 Mayor Halter suggested that the item be tabled and rescheduled for consideration at the next regular meeting. Councilman Anderson moved to table this request until the May 10, Regular Meeting, so that legal descriptions can be obtained for these tracts. Councilman Runnels seconded the motion which was approved unanimously, 7-0. Director of Capital Improvements Ash requested that the owners of the property provide the city with precise legal descriptions. Agenda Item No. 8 - Consent Agenda: PLATS: Final Plat - Cornerstone Commercial Section I - 8.72 acres (84-206) Preliminary Plat - Rainbow Acres (ETJ) (84-303) Councilman Anderson stated that he would abstain from voting on the final plat for Cornerstone Commercial Section I. Ail items were approved by common consent except as noted by Councilman Anderson who filed a statement on abstaining. Agenda Item No. 9 - First consideration of granting to McCaw Communications Companies, Inc. a franchise and privilege to build, use, maintain and operate a system for the purpose of receiving, amplifying and distributing television signals in the City of College Station, Texas. Assistant City Attorney Locke presented to the Council a revised draft of the proposed cable franchise. She explained several minor structural changes in the draft ordinance. Mayor Halter invited comments from the public. Dr. David Hill, resident at 2814 Pierre Place, commented on the proposed cable franchise. He reiterated many of his concerns with certain sections as follows: 1) Section 3: What costs of doing business will be counted in the calculation of "reasonable return on investment;" 2) Section 6: the line extension policy is not stringent enough regarding density requirements; 3) Section 6: the mention of a community needs survey should be defined more clearly; 4) Section 7: more specificity as to the twelve signals that will be carried; 5) Section 7: specific reference that the cable will rebroadcast radio signals; 6) Section 10: assurances that the cost of doing bubsiness in other states is not borne by the citizens in this area; 7) Section 13: the availability of private access channels to any citizen or group of College Station citizens; 8) Section 13: request that the local public television channel be included; 9) Section 13: addition of a clause that states that the FCC rules in force now will continue, even if the FCC abandons them; 10) Section 15: inclusion of pay 00 .332 REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 26, 1984 PAGE 5 TV in the revenues subject to the franchise fee and use of a portion of the fee to enforce quality standards; also, 11) public disclosure of records of local stockholders; and, 12) request that a decrease in the number of channels be defined as an increase in rates. Mr. Steve Parker, resident at 1105 San Saba, compared the proposed franchise ordinance to a cable ordinance approved by the City of Corpus Christi. He pointed out many areas in the proposed ordinance where more specific information could be provided. He urged the Council to spend more time reviewing these considerations. Mr. John McCaw, representative from McCaw Communications Companies, Inc., asked the Council to allow him to address the issues presented during the meeting. He addressed the questions raised by Dr. Hill in the previous discussion as follows: 1) the company will use the Generally Accepted Accounting Practices (GAAP) method to maintain their books, which limits the amount of time for write-offs; 2) the company will apply their expertise in this area; 3) the company is in agreement that the community needs survey should be more statistically meaningful; 4) the company will rely on good business practices; 5) it is in the company's best interest to carry radio signals; 6) the company is a separate corporate entity and this will be audited on an annual basis; 7) this is a good idea, but does not need to be incorporated into the franchise ordinance; 8) FCC regulations require the cable company to carry the local public television channels; 9) technical difficulties are adequately addressed in the proposed ordinance; 10) FCC defines the term "gross revenues" as those obtained from basic services; 11) there are no local stockholders at this point; and 12) a decrease in the number of channels would represent a defacto increase in rates. He further stated that the city has the ability to require a performance evaluation at anytime. Councilman McIlhaney questioned whether the city would be able to renegotiate the franchise agreement if the FCC were to deregulate. Assistant City Attorney Locke stated that the city can regulate by ordinance. Councilman Reinke asked how the two percent franchise fee was reached. Mr. McCaw stated that three percent is the maximum allowable franchise fee. He noted that the old franchise ordinance required a two percent franchise fee, which was drafted into the proposed ordinance. Assistant City Manager VanDever asked if the term "gross revenues" could be changed to "total revenues." Mr. McCaw stated that the intent of the statement would remain the same. Councilman McIlhaney stated that the largest number of complaints she had received on this matter concerned the quality of service. She noted that 00 .333 REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 26, 1984 PAGE 6 her concern is seeing that good quality of service is given for reasonable cost. Assistant City Manager VanDever questioned whether the city will be able to amend the franchise agreement by ordinance. Assistant City Attorney Locke referred to Section 21 of the City Charter and stated that the city will not be able to amend the franchise ordinance. Mayor Halter asked Dr. Hill if he had specific suggestions to add to the proposed franchise ordinance. Dr. Hill presented the additions he felt were essential to the ordinance as follows: 1) Section 1: the phrase "and FM radio" should be included in this section after the phrase "amplifying and distributing television..."; 2) Section 13C: should read "Distribute television signals providing educational programming from local and Houston public television stations in existence at the effective date of this ordinance;" and 3) request that the record show that a reduction in the number of channels constitutes an increase in rates. Mr. McCaw stated that he would go on record as indicating that a reduction in the number of channels constitutes an increase in rates. Councilman McIlhaney requested that in Section 3 the phrase "in order to protect" be changed to read "in addition to protecting." Councilman Anderson moved to approve the franchise per first consideration with the additions suggested. Councilman Runnels seconded the motion which was approved unanimously, 7-0. Agenda Item No. 10 - Consideration of request for additional personnel. Personnel Manager Dickson presented the item. She explained that the position of Assistant Personnel Manager is requested prior to the new fiscal year in order to assist in the implementation of the Pay for Performance Plan. She stated that three positions at the Detective level in the Police Department are also requested. She further stated that the positions requested were approved by the City Council Personnel Committee. Councilman Runnels asked about the salary for the Assistant Personnel Manager and about more specific needs for requesting the position. Personnel Manager Dickson stated that the salary was established at $20,500.00 annually and that the position was requested for several r%asons as follows: implementation of the new Pay for Performance Plan; centralization of personnel functions that are now performed by the different departments; administration of the city's self-insurance program and review of the city's benefit package. 00/ 33 REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 26, 1984 PAGE 7 Councilman McIlhaney requested that job descriptions for these positions be presented to the Council. She questioned the urgency of filling the police positions · Major Feldman stated that the Police Department cannot wait for these positions · Councilman Boughton stated that the Personnel Committee had concurred on the need for the additional positions. Councilman Boughton moved approval of the Assistant Personnel Manager position · The motion was not seconded. Councilman Runnels moved to create three positions at the Detective level in the Police Department. Councilman Boughton seconded the motion which was approved unanimously, 7-0. Mayor Halter stated that consideration of the Assistant Personnel Manager would be rescheduled for the May 10, Regular Meeting. Councilman Reinke requested that the Council be provided with a job description and an organizational chart. Agenda Item No. 11 - Presentation and Discussion of FY 1984-85 budgets. Assistant City Manager VanDever presented the item. He explained how the budget was set up and presented a brief summary. He stated that no increase in utility rates was anticipated but a five cent increase in the ad valorem tax rate was proposed. The Council concurred that they would prefer to review the document prior to discussing it. Agenda Item No. 12 - Consideration of date for Public Hearing for FY 84-85 Revenue Sharing and Operating budgets. Councilman McIlhaney requested that the matter of a branch library in College Station be addressed at this hearing. The Council concurred to schedule the Public Hearing for ~Y 84-85 Revenue Sharing and Operating budgets on May 9, 1984, Workshop City Council Agenda. Agenda Item No. 13 - Consideration of funding of wastewater treatment plant ~ump from utlity fund contingency. Assistant City Manager VanDever presented the item. 00/ 335 REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 26, 1984 PAGE 8 Councilman Runnels moved to transfer $11,149.00 from the Utility Contingency Fund to the Wastewater Treatment Plant maintenance account (02-95-5307) for the purchase of a new Dana-Hydrostatic Drive Unit. Councilman Anderson seconded the motion which was approved unanimously, 7-0. Agenda Item No. 14 - Consideration of an Ordinance amending Chapter 5, Section lA of the Code of Ordinances adopting the 1984 Edition of the National Electrical Code. Assistant City Attorney Locke requested that this item be removed from the agenda. Agenda Item No. 15 - Consideration of approving surveyors' tolerances for zoning and code enforcement. Assistant City Attorney Locke presented the item. She explained that the Legal Department feels that efficient operation and common sense in the application of setbacks and other distance-related criteria of the Zoning Ordinance requires some understandable margin for error for enforcement. She stated that the Legal Department recommends that the Council authorize the staff to apply an enforcement standard for deviation, not to exceed three (3) inches in instances of unintentional good faith mistakes in compliance with City ordinances. She explained that in all other instances where compliance is not affected, and an applicant does not obtain a variance from the ZBA, the staff will seek Council approval to enforce these setback distances by injunction in the District Court. She further stated that this item was brought before the Council for their review. Agenda Item No. 16 - Consideration of realignment of Southwest Parkway to accommodate the overpass on Texas 6. Mayor Halter removed this item from the agenda. Agenda Item No. 17 - Hear Visitors. John Gilmartin stated that he had some information to share with the Council. Debbie Parks, intern with the city, reported to the Council that she has completed writing the history of College Station. She stated that she will provide the city with two copies of the transcript, a softbound copy and a hardback copy. She thanked the Council for their support and stated her appreciation to Jan Schwartz for helping to prepare the transcript. Agenda Item No. 18 - Closed session to discuss pending litigation [6252-17(e)], personnel [6252-17(g)], and land acquisitio~ [6252-17(f)]. A. Personnel [6252-17(g)]. 00&336 REGULAR CITY COUNCIL MEETING THURSDAY, APRIL 26, 1984 PAGE 9 1. Discussion of Citizen Committee Appointments. 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. Approve/ Attest: G~-~7~r, ~ayor Dian Jo~i~ Secretary 00 337 0 g/ESTI~GISTER ~DAY, APRIL 26, 1984 7:00 P.M. e 11. 12. 13. 14. 15. 16. 17. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. "00 336