Loading...
HomeMy WebLinkAbout06/14/1984 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: Mayor Halter, Councilmen Boughton, McIlhaney,Prause, Reinke, Runnels Councilmen Anderson City Manager Bardell, Director of Planning Mayo, City Secretary Jones, Acting City Attorney Locke, City Engineer Pullen, Deputy Finance Director Schroeder, Assistant Director of Planning Callaway, Planning Assistant Longley, Director of Public Services Miller, Assistant Director of Public Services Epps, Fire Chief Landua, Major Feldman, Purchasing Agent McCartney, Council Coordinator Jones VISITORS PRESEt;T: See guest register. The meeting was called to order with all members of the Council present except Councilmen Anderson and Runnels. Mayor Halter displayed the Official Sesquicentennial Flag presented to the City of College Station by the Texas Sesquicentennial Commission in Austin. Agenda Item No. 1 - Approval of Minutes of the Special City Council Meeting, ~.lay 15, 1984, the Workshop City Council Meeting, May 23, 1984 and the Regular City Council Meeting, May 24, 1984. Councilman Boughton moved approval of the minutes of the Special City Council Meeting, May 15, 1984, the Workshop City Council Meeting, May 23, 1984 and the Regular City Council Meeting, May 24, 1984. Councilman ~cIlhaney seconded the motion which was approved unanimously, 5-0. Agenda Item No. 2 - A public hearing on the question of rezoning two tracts of land totalling 104.06 acres of land located at the southeast corner of the intersection of SH6 South and Greens Prairie Road, from Agriculture-Open District A-O to General Commercial District C-1 (65.33 acres) and Administrative-Professional District A-P (38.73 acres). Application is in the name of J.A.C. Developers, Inc. (84-108) Assistant Director of Planning Callaway presented the item. He stated tha~ the rezoning request concerns two tracts of land totalling 104.06 acres located at the southeast corner of the intersection of SI{6 South and Greens REGULAR CITY COUNCIL MEETING THURSDAY, JUICE 14, 1984 PAGE 2 Prairie Road, from Agriculture-Open District A-O to General Commercial District C-1 (b5.33 acres) and Administrative-Professional District A-P (38.73 acres). He noted that the area is reflected as industrial on the City's land use plan. He recommended approval of the request for the following reasons: 1) The request is in compliance with the conceptual development plan presented to the Commission and Council and approved by the Council; 2) The proposed location is consistent with the City's development policies for locating commercial areas at the intersection of major thoroughfares; 3) The depth of the commercial area is consistent with the City's development policies for commercial zoning along major thoroughfares; and, 4) The amount of commercial frontage along SH6 (from the intersection) is consistent with that established at the northwest corner of Greens Prairie and SH6 (Case No. 84-106; 52.16). He further stated that on May 17, 1984 the Planning and Zoning Commission recommended approval of this request by a vote of 5-0. Mayor Halter opened the public hearing. Jim Gardner asked several questions pertaining to this request. He asked what assurances the city has that the development proposed for this project will be compatible with the "conceptual plan" for the area and stated the importance of obtaining such assurances. Director of Planning Mayo stated that the city staff has been working with J.A.C. and both entities share the same interests. He stated that the staff will have control through the site plan review process and is confident that this project will maintain high quality. Councilman Runnels arrived at the meeting. Mr. Gardner asked a question concerning the statement in the legal notice, which stated "the property will be contiguous to and adjoin Texas State Highway 6". Acting City Attorney Locke replied that the wording on any future legal notices which concern the bidding, will be changed because of the forthcoming action on a related item and the inclination of the Council as indicated at the Workshop Meeting, Wednesday, June 13, 1984. Mayor Halter closed the public hearing. Agenda Item No. 3 - Consideration of an ordinance rezoning the above tracts. Councilman McIlhaney asked what the policy will be for locating curb cuts on the Texas Avenue frontage and whether the city will have any type of controls concerning curb cuts. 00 412 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 PAGE 3 Director of Planning Mayo stated that access will be limited on the Texas Avenue side. He noted that City Engineer Pullen will review all site plans. Councilman Boughton moved approval of Ordinance No. 1522 rezoning the above tracts. Councilman Runnels seconded the motion which was approved unanimously, 6-0. Agenda Item No. 4 - A public hearing on the necessity of the construction of a portion of Holleman Street and the necessity for the assessment of expenses. Acting City Attorney Locke presented the item. She explained that sidewalks had been included in the ordinance because they were included in the engineer's estimates. She noted that by law sidewalks are authorized at 100 percent assessment. City Engineer Pullen referred to a map which displayed the proposed project. He stated that the project was proposed and funded in 1981 to provide an alternate East - West route for Highway 30. He further stated that the street will be widened to forty-seven feet of which only thirty-eight can be assessed. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 5 - Consideration of an ordinance declaring the necessity for the construction of a portion of Holleman Street and the necessity for the assessment of expenses. Councilman Runnels moved approval of Ordinance No. 1523 declaring the necessity for the construction of a portion of Holleman Street and the necessity for the assessment of expenses. Councilman McIlhaney seconded the motion which was approved unanimously, 6-0. Agenda Item No. 6 - A public hearing on the necessity of the construction of a portion of Lincoln Street and the necessity for the assessment of expenses. Acting City Attorney presented the item. She explained that sidewalks had been included in this ordinance because they were included in the engineer's estimates. City Engineer Pullen explained a map of the proposed project. He stated that the project includes a forty-seven foot wide street in a seventy foot 0044-13 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 PAGE 4 right-of-way. He noted that this project was proposed to provide northerly and easterly access for the College Hills area to the By-pass. He further stated that funding for this project was approved in 1981. Mayor Halter opened the public hearing. Mr. Allen Segal, 4348 Carter Creek #103, Bryan, asked the Council to consider the effects that this project will have on the residents in this area, specifically Mr. E.L. Putz. He requested that the city use existing right-of-way to construct the proposed extension. He pointed out that the current proposal extends the right-of-way within four feet of Mr. Putz's residence. He urged the Council to take appropriate action. Mrs. Anne Hazen, resident on Munson Street, spoke against the extension as planned. She stated that this proposal will encourage cut-through traffic. She further stated that residents should not be assessed for the cost of a project that will devalue their property. Mr. Jesse Hinton urged the Council to make a final decision and proceed with the project. Mr. RoDert McGeachin, resident on Walton Drive, spoke in opposition to the project. He stated that at present Walton experiences a large amount of traffic daily and if this project is approved it will create a more dangerous situation for the children living in the area. Mr. Wayne Saslow asked what the plans are for rerouting Lincoln to Walton. Mayor Halter stated at present there are no plans for extending Lincoln to Walton. Mary Nieber, resident at 413 Walton, asked what plans the Council had for extending streets and if these plans will be publicized. Mrs. Hazen asked why this street was proposed to be forty-seven feet wide. She further questioned why Lincoln Street is referred to as an arterial street. City Engineer Pullen defined an arterial street as one with seventy feet of right-of-way and forty-seven feet of pavement back to back. Mayor Halter closed the public hearing. Agenda Item No. 7 - Consideration of an Ordinance declaring the necessity for the construction of a portion of Lincoln Street and the necessity for the assessment of expenses. Mayor Halter explained that the funding for this project was approve~ by the voters in 1981. 00A41/ REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 PAGE 5 Councilman McIlhaney asked if the extension could be constructed as a standard residential street. City Engineer Pullen stated that the extension could be constructed as a collector street, but not a standard residential street. Councilman Runnels asked a question concerning how close city right-of-way can come to a residence before the city has to take the property. Acting City Attorney Locke replied that it would be determined by the appraisal of the property. Councilman McIlhaney expressed her concern about the size of the street. She stated that since there are no plans for rerouting Lincoln to Walton there is no need for a forty-seven foot wide street. City Engineer Pullen pointed out that the forty-seven foot street would be beneficial because it would allow more space for bicycle traffic. Councilman Runnels stated that he would prefer that the Lincoln Street extension be constructed to thirty-nine feet. Councilman Runnels moved to approve Ordinance No. 1524 declaring the necessity for the construction of a portion of Lincoln Street and the necessity for the assessment of expenses. He included in the motion that the extension will be constructed at thirty-nine feet. Councilman Boughton seconded the motion which was approved by a vote of 3-2-1 as follows: FOR: Mayor Halter, Councilmen Boughton, Runnels AGAINST: Councilmen McIlhaney, Reinke ABSTAINED: Councilmen Prause Councilman Reinke stated that she was not in favor of the extension because it will encourage through traffic in the area. Agenda Item No. 8 - CONSENT AGENDA: BIDS: Brentwood Sewerline A, Krenek Tap Road Sewerline A-1 URB-82 Electrical Equipment, including 25 pad-mounted transformers (divided into 13 groups) PLATS: Final Plat - Resubdivision of Block "B" Eastmark Addition Phase II (84-213) Preliminary Plat - Barron Road Addition - (84-305) 00/ 15 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 PAGE 6 Councilman Runnels requested that the bid for the Brentwood Sewerline A and Krenek Tap Road Sewerline A-1 URB-82 be removed from the consent agenda. Ail items not removed were approved by common consent. City Engineer Pullen stated that two bids were received and opened on April 17, 1984. He explained that Young Brothers, Inc. of Bryan was the low bidder; however, the bid was irregular in that no "consecutive calendar days", as required by the bid documents, were stated in the proposal for completion of this project. He further stated that subsequent to the bid opening, a letter was received which indicated that the company proposed to complete this project within 120 consecutive calendar days. Councilman Runnels moved to award the contract to the low bidder, Young Brothers, Inc., in the amount of $211,254.00 with completion of the project within 120 consecutive calendar days after Notice to Proceed. Councilman Boughton seconded the motion which was approved unanimously, 6-0. Agenda Item No. 9 - Consideration of Street name change for Fed-Mart Drive. City Manager Bardell stated that 29th Street in Bryan becomes Tarrow when entering the College Station city limits. He pointed out that the Chamber of Commerce has requested that the name of Fed Mart Drive be changed to either Hospitality Drive or Welcome Street. He further stated that presently there are no Fed Mart Drive addresses. Mayor Halter suggested that the streets be named Tarrow East and Tarrow West. After further discussion, Councilman Runnels requested that this matter be referred to a council committee. The Council concurred to assign the question of a street name change for Fed-Mart Drive to the City Affairs Council Committee. Agenda Item No. 10 - Reconsideration of an Ordinance amending Section 5-M of Ordinance No. 850, the Zoning Ordinance for the City of College Station, revising the District M-2 Heavy ~ndustrial Regulations regarding permitted uses. ~84-801) Director of Planning Mayo presented the item. He stated that this item was tabled at a previous meeting until a legal description could be obtained on the "hotel" tract at Jersey and Wellborn. He explained that the legal description submitted by the applicant includes roughly four acres of land that is not shown at all on the proposed site plan. I{e further stated that the applicant is scheduled to appeal to the Zoning Board of Adjustment this month for at least a 150 space variance to the parking requirement. He 00 16 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 PAGE 7 requested direction from the Council concerning which legal descriptions should be exempted from the ordinance. Mayor Halter invited comments from the public. Mr. Joe Courtney, owner of the 3.77 acre tract on the corner, stated that he thought it was the Council's intent to exempt all three pieces of property. Mayor Halter stated his opinion that no problems would be created by exempting the entire yellow tract displayed on the map and that this area will probably never develop as M-2. Councilman McIlhaney moved approval of Ordinance No. 1525 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 and exempting the property that the city staff has received a legal description on. Councilman Boughton seconded the motion which was approved by a vote 5-1 as follows: FOR: Mayor Halter, Councilmen Boughton, McIlhaney, Prause, Reinke AGAINST: Councilman Runnels Agenda Item No. 11 - Consideration of easement abandonment request on Lot 29, Block 2, Windwood Subdivision Phase III iApplicant Mr. J.A. DiBacco). City Engineer Pullen stated that the request is for the abandonment of ten (10) feet of a twenty (20) foot public utility easement in the Windwood Subdivision, Phase III. He explained that this easement was required as a part of the subdivision of land process to provide for present and future needs of the Windwood Subdivision and adjacent properties. He further stated that the twenty (20) ft. width not only provides space for the location of the utility but also provides space for ingress and egress of personnel and equipment for operations in connection with the maintenance of the same. Mayor Halter invited comments from the public. Mr. J.A. DiBacco, applicant, presented a letter to the Council which addressed the points discussed by City Engineer Pullen. He stated that the properties located above his property on the plat have only a ten (10) ft. utility easement. He submitted a check to the Council for the purchase of the ten (10) ft. easement he requested to be abandoned. City Engineer Pullen stated that the plat was incorrect in showing the easement as being only ten (10) ft. on the property located above Mr. DiBacco's property on the plat. 00 17 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 PAGE 8 Councilman Reinke moved to approve the request for the abandonment of ten (10) feet of a twenty (20) foot public utility easement on Lot 29, Block 2, Windwood Subdivision, Phase III. Councilman Runnels seconded the motion which was approved by a vote of 4-2 as follows: FOR: Mayor Halter, Councilmen McIlhaney, Reinke, Runnels AGAINST: Councilmen Boughton, Prause Acting City Attorney Locke stated that there have been some changes made in the law and requested that she be authorized to draft the Ordinance abandoning this easement. She further stated payment for this easement will have to be remitted by the applicant. Mr. DiBacco asked if he could proceed with his project at this time. Mayor Halter stated that he would have to wait until an Ordinance is passed at the next regular meeting. Agenda Item No. 12 - Consideration of plans for expansion of College Stati6n city Cemetery. Director of Public Services Miller explained the proposed expansion plans for the cemetery. He pointed out where the new water lines are being installed. Councilman McIlhaney explained the thoughts and concerns of the Cemetery Committee and the recommendation of the Committee to raise the prices for cemetery spaces. Councilman McIlhaney moved approval of the plans for expansion of the College Station City Cemetery. Councilman Reinke seconded the motion which was approved unanimously, 6-0. Mayor Halter stated that consideration of the Resolution increasing the price of cemetery spaces would be rescheduled to the agenda for the next regular meeting. Agenda Item No. 13 - Consideration of an Ordinance authorizing the Mayor to sign an Agreement styled "Mutual Aid Agreement". Acting City Attorney Locke presented the item. She stated that the Agreement was prepared at the request of the Fire Department and will affect the city's insurance rate positively. Councilman Boughton moved approval of Ordinance No. 1526 authorizing the Mayor to sign an Agreement styled "Mutual Aid Agreement". 00 418 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 PAGE 9 Councilman Runnels seconded the motion which was approved unanimously, 6-0. Agenda Item No. 14 - Consideration of an Ordinance approving the College Station Police Policy Manual. Acting City Attorney Locke presented the item. She explained that the ordinance says the Council will not be held responsible for any unwritten policies. Councilman Runnels moved approval of Ordinance No. 1527 approving the College Station Police Policy Manual. Councilman Boughton seconded the motion which was approved unanimously, 6-0. Agenda Item No. 15 - Consideration of an Ordinance authorizing the issuance of a Certificate of Obligation for the purchase of real property for the Utility Service Center. Acting City Attorney Locke presented the item. She explained the changes made in the draft and noted that the closing on the property was set for Friday, June 15, 1984. Councilman Boughton moved approval of Ordinance No. 1528 authorizing the issuance of a Certificate of Obligation for the purchase of real property for the Utility Service Center. Councilman Runnels seconded the motion which was approved unanimously, 6-0. Agenda Item No. 16 - Consideration of Transfer of $48,480.00 Fund for Lone Star Municipal Power Agency. City Manager Bardell presented the item. He stated that the LSMPA Board of Directors has employed Burns and McDonnell to do a power reconnaissance study for the years through 2005 and their contract requires their delivery of the study in July or August. He further stated that the Board has also retained the law firm of Shirley, Simmons and Zeppa as general counsel. He stated that the Board has estimated this year's expenses at approximately $60,000.00 and directed the Secretary and Treasurer to prepare a budget and begin work on a proposed budget for the next fiscal year. He explained that in order to meet the Agency's current expenses the four member cities have been asked to provide a percentage share of the $60,000.00 based on KWH of electricity purchased from Gulf States annually as follows: Caldwell 10% or $6,000.00; College Station 80.8% or $48,480.00; Kirbyville 4.7% or $2,820.00; and Newton 4.5% or $2,700.00. He noted that the other three cities have remitted their checks to Glenn Schroeder who is handling the account for LSMPA in the city's finance office so that there will be audit control. He noted that Finance Director VanDever indicated that a transfer of funds from the utility contingency will satisfy the city's obligation in this matter. 00 19 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 PAGE 10 Councilman Boughton moved to authorize the transfer of $48,480.00 from the utility contingency fund to the account for LSMPA. Councilman McIlhaney seconded the motion which was approved unanimously, 6-0. Agenda Item No. 17 - Consideration of a Resolution to authorize the exchange of 167.2 acres of real property, being a portion of a 1265 acre tract located generally along Rock Prairie Road, south and west of its intersection with Greens Prairie Road. Acting City Attorney Locke presented the item. She noted that the bids concerning this item will be accepted and awarded on July 12, 1984. Councilman Boughton moved approval of Resolution No. 06-14-84-17 authorizing the exchange of 167.2 acres of real property, being a portion of a 1265 acres tract located generally along Rock Prairie Road, south and west of its intersection with Greens Prairie Road. Councilman Runnels seconded the motion which was approved by a vote of 5-0, with Councilman Prause abstaining. Agenda Item No. 18 - Emergency Item: Discussion of Cable Television Committee. Councilman McIlhaney moved to declare Agenda Item No. 18 an emergency item. Councilman Boughton seconded the motion which was approved unanimously, 6-0. Mr. J.A. DiBacco, representative of McCaw BCS Communications Companies, Inc., reported on the results to date of the survey for channels on the basic line-up. He requested that the Council appoint two councilmembers to meet with two councilmembers from Bryan, representatives of the Cable Improvements Association, Jim Butler from the "Eagle", and representatives of McCaw Communications, to establish a channel line-up to return to Council for consideration. The Council concurred to appoint Councilmen Boughton and Reinke as their representatives to the Cable TV Program Advisory Committee. Agenda Item No. 19 - Hear visitors. Mr. Jim Gardner spoke on the need for communication of more information for citizens interested in the plans for "The Parks". Mayor Halter stated that he would be glad to meet with Mr. Gardner privately or in public meeting to explain the plans. 00 .20 REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 PAGE 11 Councilman Runnels suggested that Mr. Gardner write a newsletter. Councilman McIlhaney stated that she would like the Council to devote an entire Workshop Session to the presentation of what the Outlook is now for "The Parks". Mr. David Fisher requested permission to ask Mr. DiBacco about the need for a decoder box for a VCR or cable ready TV with remote control. Mr. DiBacco gave a brief explanation for the use of decoder boxes as follows: prevent adverse impact on the quality of the picture and provide security of the companies assests. Agenda Item No. 20 - Closed session to discuss pending litigation [6252-17(2)(e)], personnel [6252-17(2)(g)], and land acquisition [6252-17(2)(f)]. A. Personnel [6252-17(2)(g)]. 1. Citizens Committee Appointments. B. Land Acquisition [6252-17(2)(f)]. 1. Parklands. 2. Utility Service Center. The Council moved to closed session and later reopened to the public. Agenda Item No. 21 - Action on closed session. Councilman Boughton moved to reappoint Larry Ringer to the Bryan/College Station Athletic Federation for a one year term. Councilman Reinke seconded the motion which was approved unanimously, 6-0. Agenda Item No. 22 - Adjourn. Mayor Halter adjourned the meeting. Attest: Dian Jones,~ity Secretary G~y H~t-er, May6r ' 00 .21 GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, JUNE 14, 1984 7:00 P.M. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 15. D~~-'~ ~'~' 16. 17. 32. 33. 34. '004422