Loading...
HomeMy WebLinkAbout11/08/1984 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: STUDENT GOVT. LIAISON: VISITORS PRESENT: Mayor Halter, Councilmen Anderson, Boughton, McIlhaney, Prause, Reinke, Runnels None City Manager Bardell, Assistant City Manager VanDever, City Attorney Locke, Director of Capital Improvements Ash, Director of Planning Mayo, Parks Director Beachy, City Secretary Jones, Deputy Finance Director Schroeder, Fire Chief Landua, Assistant Director of Public Services Epps, Utilities Office Manager Piwonka, Purchasing Agent McCartney, Personnel Manager Dickson, Council Coordinator Jones Mike Hachtman See guest register. Agenda Item No. 1 - Signing of a proclamation designating the week of November 12 through 17, 1984 as "Healthy Baby Week" in College Station, Texas. Mayor Halter signed the proclamation designating the week of November 12 through 17, 1984 as "Healthy Baby Week" in College Station, Texas. Ms. Liz Jackson accepted the proclamation on behalf of the March of Dimes. Councilman Prause stated that the purpose of "Healthy Baby Week" is to promote the idea of preventive maintenance and anticipatory guidance. Agenda Item No. 2 - Approval of the minutes of the Workshop City Council Meeting, October 24, 1984 and the Regular City Council Meeting, October 25, 1984. Councilman Boughton moved approval of the minutes of the Workshop City Council Meeting, October 24, 1984 and the Regular City Council Meeting, October 25, 1984. ' Councilman Anderson seconded the motion which was approved unanimously, 7-0. 00 6 6 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 PAGE 2 Agenda Item No. 3 - A public hearing on the question of amending Chapter 10, Traffic Code, of the Code of Ordinances of the City of College Station, Texas, to include Section 3F regulating train speeds within the city limits. City Attorney Locke presented the item. She explained that the proposed ordinance will regulate the speed of trains throughout the jurisdiction of the City of College Station. She stated that the proposed ordinance sets the maximum speed/mph from FM 2818 to Holleman Drive at 40/mph and from Holleman Drive to the city limits of Bryan at Villa Maria Road at 30/mph. She noted that TAMU, Missouri Pacific Transportation Company, Southern Pacific Transportation Company and the city staff had reviewed the pro- posed ordinance. She explained that enforcement of this ordi- nance will be by traffic tickets and in the event that trains exceed the maximum speed/mph it would be negligence per se. Mayor Halter opened the public hearing. Mr. Rodney Stutes, representative of Southern Pacific Transpor- tation Company, addressed the issue of the proposed ordinance regulating train speeds within the city limits. He stated that on October 19, 1984, Southern Pacific in conjunction with the city and Missouri Pacific voluntarily established similar speed restrictions as listed in the proposed ordinance. He requested that the Council delay further consideration of the proposed ordinance for approximately three weeks to allow Southern Pacific to meet with the Council, the City Attorney's office and the Engineering Department to discuss the operational problems that Southern Pacific and the city will incur as a result of passage of this ordinance. He further requested that the city allow Southern Pacific to live with their self-imposed speed restric- tions and if in the future they initiate plans to increase the speed to require that such plans be presented to the Council for discussion. He further stated that both Southern Pacific and Missouri Pacific Transportation Companies are offering to the City of College Station the Operation Lifesaver Program. He explained that the program is used to educate the general public about safety at the railroad grade crossing. He urged the Council to use the program. He explained that in conjunction with the Operation Lifesaver Program they are offering a program which has been designed specifically for the city's law enforce- ment personnel dealing with railroad operations and the Texas Motor Vehicle Code as it relates to grade crossings. Mayor Halter asked if the Operation Lifesaver Program will be available if the city were to pass the proposed ordinance. He questioned whether Southern Pacific is opposed to the proposed speed limits. O0 .tB .7 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 PAGE 3 Mr. Stutes stated that this program is available even if the proposed ordinance is approved. He stated that Southern Pacific is not opposed to the proposed speed limits because they were agreed upon, but suggested that an ordinance is not necessary. Councilman Runnels stated that the city has been trying to meet with the railroad companies for over a year without success and it is difficult to accept the sudden interest of the railroad companies. Councilman Boughton asked why Southern Pacific objects to the ordinance since the proposed speed limits have already been self- imposed by the railroad companies. Mr. Stutes stated that Southern Pacific is objecting to another law on the books which must be dealt with. He suggested that the self-imposed speed restriction is sufficient. A~enda Item No. 4 - Consideration of an ordinance amendin~ Cha~ter 10, Traffic Code, of the Code of Ordinances of the City of College Station, Texas, to include Section 3F. re~ulatin~ train speeds within the city limits. Councilman Anderson moved approval of Ordinance No. 1557 amending Chapter 10, Traffic Code, of the Code of Ordinances of the City of College Station, Texas, to include Section 3F. regulating train speeds within the city limits. Councilman Reinke seconded the motion which was approved unanimously, 7-0. A~enda Item No. 5 - A public hearin~ on the question of rezonin~ a 6.20 acre tract of land on the south side of University Drive, a~proximately 1200 feet east of East Tarrow street from Adminis- trative-Professional District A-P to General Commercial District C-1. Application is in the name of Cedar Creek, LTD. (84-121) Director of Planning Mayo presented the item. He stated that the rezoning request concerns a 6.20 acre tract of land on the south side of University Drive from Administrative-Professional Dis- trict A-P to General Commercial District C-1. He noted that the existing A-P District was established in an area reflected as high density residential on the city's Land Use Plan. He stated that the staff recommends retention of the existing A-P zoning for the following reasons: (1) this zoning was established as part of a development plan for the One Lincoln Place project and is more compatible with the Land Use Plan for this area and the city's development policies; and (2) C-1 zoning would not be consistent with the Comprehensive Plan Development policies, 00 .6 8 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 PAGE 4 because the property is not located at a major intersection and would contribute to the extension of commercial development along a major thoroughfare. He further stated that the Planning and Zoning Commission voted (3-2) on 9/20/84 to recommend denial of this request. Mayor Halter opened the public hearing. Mr. Damon Tassos, the applicant, stated that the planned develop- ment for this property was begun two years previously. He re- quested that the Council approve this request to rezone the property C-1 to satisfy his family. He noted that his family has been in the restaurant business since 1908 and wants to build a restaurant at this location. He pointed out that the revenues derived from C-1 zoning will be good for College Station. He explained that access to this property will be from the private access drive in the development. He further stated that development of this tract would include deed restrictions. Mr. Jesse Hinton spoke in favor of the rezoning. He stated that he wanted to strike a blow for freedom. He referred to the city's Comprehensive Plan as a strange god. He noted that he has been up against the Comprehensive Plan for thirteen years, and pointed out that the Comprehensive Plan is not worthy of the honor it is accredited. No one else spoke. The public hearing was closed. Agenda Item No. 6 - Consideration of an ordinance rezonin~ the above mentioned tract. Councilman Anderson pointed out that this tract meets basic C-1 requirements. He stated that there is an overall market satura- tion of Administrative-Professional zoning. He further stated that a high quality commercial development on this tract would be appropriate. Councilman Anderson moved approval of Ordinance No. 1558 to rezone this tract to General Commercial District C-1. Councilman Boughton asked a question concerning the feasibility of some type of buffering between the R-3 and C-1 and suggested that a strip of A-P zoning be maintained. 00 .6 .9 REGULAR CITY COUNCIL THURSDAY, NOVEMBER 8, 1984 PAGE 5 Councilman McIlhaney stated that the Planning Staff and Planning and Zoning Commission spent a great deal of time developing the Comprehensive Plan - Plan 2000. She expressed her concern with continually deviating from the Comprehensive Plan and the re- zoning of every major thoroughfare to C-1 zoning. She further stated that she has a problem deviating from the Comprehensive Plan. Student Government Liaison Hachtman asked what type of zoning designation the property across University Drive has. Mayor Halter stated that the property across university Drive is primarily zoned Administrative-Professional A-P. He suggested that Mr. Tassos, the applicant, might develop a different approach to the development of this particularly tract. He stated that a combination of Administrative-Professional A-P and General Commercial C-1 zoning might be more appropriate. He expressed his concerns with locatinG restaurants in close proximity to residential neighborhoods. He further suggested that more consideration be directed to development of a more appropriate buffer and a better overall plan for the entire project. He stated his opinion that current market conditions and the state of over-building of particular kinds of property should not take precedence over long-term planning. Councilman Anderson's motion to approve Ordinance No. 1558 rezoning the above-mentioned property to Commercial District C-1 was not seconded. Councilman Prause moved to deny the rezoning request without prejudice, waiving the six month waiting period. Councilman Runnels seconded the motion which was approved by a vote of 6-1 as follows: FOR: Mayor Halter, Councilmen Boughton, McIlhaney, Prause, Reinke, Runnels AGAINST: Councilman Anderson Agenda Item No. 7 - A public hearing on the question of rezoning a 0.601 acre tract of land on the east side of Wellborn Road (Fh 2154) a~roximately 104 feet south of Holleman from Single Family Residential District R-1 to Neighborhood-Business District C-N. Application is in the name of Raymond Huff. (84-123) Director of Planning Mayo presented the item. He stated that the rezoning request concerns a 0.601 acre tract of land on the east side of Wellborn Road from Single Family Residential District R-1 to Neighborhood-Business District C-N. He noted that this tract is located adjacent to a C-N area owned by the applicant. 00 .650 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 PAGE 6 He stated that the applicant has submitted a plat which would incorporate this proposed C-N tract into one of three C-N sites. He further stated that the overall area of C-N zoning would ex- ceed two acres, but the individual sites would comply with the acreage and depth requirements for C-N zoning. He noted that the Planning and Zoning Commission voted unanimously on 10/18/84 to recommend approval of this request. Mayor Halter opened the p~blic hearing. No one spoke. The public hearing was closed. A~enda Item No. 8 - Consideration of an ordinance rezonin~ the above mentioned tract. Councilman Runnels asked if rezoning this tract to C-N is necessary to allow for the proposed development to be viable. Director of Planning Mayo replied affirmatively. He explained that it will aid the city in better design of the corner by allowing the movement of the curb cuts farther away from the intersection. Councilman Boughton moved approval of Ordinance No. 1558 rezoning the above mentioned tract. Councilman Anderson seconded the motion which was approved unani- mously, 7-0. A~enda Item No. 9 - A public hearing on the question of rezonin~ a 0.46 acre tract of land alon~ the west side of SH6 East Bypass, south of Krenek Tap Road (adjacent to Central Park) from Single Family Residential District R-1 to General Commercial District C-1. Application is in the name of Glynn A. Williams. (84-124) Director of Planning Mayo presented the item. He stated that the rezoning request concerns a 0.46 acre tract of land along the west side of SH6 East Bypass from Single Family Residential Dis- trict R-1 to General Commercial District C-1. He noted that the tract is located adjacent to the softball fields at Central Park. He listed several reasons that the requested C-1 zoning would not be appropriate at this location as follows: (1) The depth and dimensions of the tract are not consistent with the city's poli- cies; (2) The location of the tract is not in compliance with the city's Land Use Plan or commercial development policies; and, (.3) C-1 zoning would not be compatible with the planned residential uses in the area (north of Krenek). He stated that the Planning and Zoning Commission voted unanimously on 10/18/84 to recommend 00 .65 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 PAGE 7 denial of this request. He further stated that the staff rec- ommends either Neighborhood-Commercial C-N or Administrative- Professional A-P zoning for this property. Mayor Halter opened the public hearing. Mr. Glynn Williams Jr., owner of the tract, stated that he was not adverse to Neighborhood-Commercial zoning for this property. He noted that development of this tract would be compatible with the architecture of the Central Park facilities. No one else spoke. The public hearing was closed. A~enda Item No. 10 - Consideration of an ordinance rezonin~ the above mentioned tract. Councilman Boughton moved approval of Ordinance No. 1559 rezoning the above mentioned property to Neighborhood-Commercial C-N. Councilman Reinke seconded the motion which was approved unani- mously, 7-0. A~en~a Item No. 11 - CONSENT AGENDA: BIDS: Truck Cab and Chassis - 1 each (Bid #85-33) Hydraulic Digger-Derrick - 1 each (Bid #85-34) Auxiliary Card Cage - NCR Data Processing Word Processing 'Satellite' - Finance PLATS: Final Plat - Courtyard Apartments Subdivision (84-231) Final Plat - Replat Lots 3-5, Sandstone Addition (84-232) Final Plat - University Square Phase I (84-233) Preliminary Plat - Glenhaven Estates Phase IVB (84-314) Ail items were approved by common consent. A~enda Item No. 12 - Review of proposed Cable TV rate schedule. Mayor Halter presented the item. He referred to a letter sub- mitted to the Council from McCaw Communications Companies, Inc. He explained that under the city's ordinance the Council has the right to review the proposed base rate for any cable franchise operating within the city and to set the base rate charges. 00L 652 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 PAGE 8 Mr. Joseph DiBacco, Vice-President and Regional Manager for McCaw Communications, Inc., presented the proposed Cable TV rate schedule. He noted that McCaw had recently completed the acquisition of Midwest Video and Community Cablevision. He stated that with the assistance of the Cable Advisory Board it was determined that it would be best to eliminate the two tier system and revert to a single tier system, which will provide twenty-eight channels of service to all consumers. He further stated that the rate for this twenty-eight channel service has been established at $12.50 per month. He pointed out that currently subscribers are paying $6.00 for eleven channels in the basic package which equates to approximately $.54 per channel and under the proposed rate schedule subscribers will pay $12.50 for twenty-eight channels which equates to approximately $.45 per channel. He referred to a chart of the proposed cable line-up. He listed the changes proposed for the new cable line-up as follows: (1) the addition of KTVT (Channel 11) Dallas, Texas; (2) upgrading of the Dow Jones Financial Wire Service to a live presentation known as Financial News Network to be followed by the Black Entertainment Television Network; and, (3) the addition of the Learning Channel (Channel 24) in conjunction with the Educational Access Channel. He further stated that the proposed plan provides a two step process to get McCaw from where they are to where they need to be, as follows: (1) On December 1, 1984 the basic rate will increase from $6.00 to $7.50 and the expanded basic service will increase from $4.00 to $5.00; (2) McCaw then will begin visiting with those subscribers that only have the basic service and will deliver the necessary equipment to allow them to receive the additional services. He noted that only then will their rate for service increase from $7.50 to $12.50 per month. He further stated that McCaw plans to complete these tasks within sixty days. Councilman Prause asked if there will be additional charges for the equipment required for the basic package. Mr. DiBacco noted that currently subscribers are payinG a deposit for their converter in conjunction with the expanded basic service. He stated that subscribers of the new expanded basic service will not be required to have a deposit for their converter and those subscribers that have deposits with McCaw Conm~unications will have the amounts applied to their accounts for payment of service. He further stated that subscribers of the premium or movie services will be required to place a deposit for the converter. Councilman Reinke asked if any additional equipment will be re- quired for use with VCR equipment. 00 .653 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 PAGE 9 Mr. DiBacco stated that VCRs come in a large variety and are a function of the type of television set with which they are used. He explained that during the process to provide subscribers with converters for the twenty-eight channel basic package McCaw will also provide information to enable the consumer to determine what the best wiring configuration will be to make best use of the VCR. Councilman Reinke asked if the cost of an additional outlet for a subscriber with two cable ready TVs will be $3.00. Mr. DiBacco replied affirmatively. Councilman Reinke asked what type of marketing effort McCaw Communications Companies, Inc. will be initiating. Mr. DiBacco stated that McCaw will be initiating a several tier marketing program. He noted that McCaw has hired Phyllis Nelson, Director of Community Relations, whose responsibility will be to develop a dialogue with the community and provide subscriber information in the form of newsletters and news releases. He further stated that McCaw is working on a complete advertising program through 1985 and intends to have both a door to door and telemarketing sales force. Councilman Boughton requested that some records be kept on the number of citizens over 65 that refuse the cable service because of the increase in cost. Mr. DiBacco stated that McCaw intends to gather a great deal of information during the process to place the expanded basic con- verters in the homes and would be glad to obtain data on this matter. He asked for clarification of Section 3 of the franchise ordinance which states that McCaw must notify the City Council of their intention to raise rates and the Council then has the right to take overt action or allow the proposed rates to go into effect without any ordinance or resolution. Mayor Halter replied affirmatively and read Section 3 of the franchise ordinance. He asked for comments from the public. No one spoke. Councilman Anderson stated that he had no objection to the proposed rate schedule. 00 65 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 PAGE 10 Councilman Reinke stated that the Cable Advisory Board had dis- cussed a rate of approximately $14.00 and that the proposed rate is lower. She referred to the CIA report and stated that these rates are in line with the rates established for other cities. Mayor Halter stated that if the Council wishes to take no action then the proposed rates will become effective thirty days from the date of written notice, which was Wednesday, October 31, 1984. A~enda Item No. 13 - Consideration of commitment and Southern Pacific Transportation Company Contract for Holleman Street crossing. City Attorney Locke presented the item. She reported that the city has received the agreement back from Southern Pacific Rail- road. She stated that it is in line with what was negotiated with the staff and there were no changes made. She reported that the Legal Department has not received any of the commitments sent to the developers. She explained that the commitment letters were previously sent to the developers in November, 1983, and there was no response. She further stated that she sent the letters again when she received the contract. Mayor Halter asked for comments from the public. No one spoke. Mayor Halter suggested that the Legal Staff attempt a follow-up phone call or letter to the developers and report to the Council at the next regular meeting. A~enda Item No. 14 - Consideration of request for oversize sewer participation payment. Councilman Boughton moved to authorize payment of an oversize participation request from Guy King Enterprises in the amount of $46,317.50 from 1984 Utility Revenue Bonds. Councilman Runnels seconded the motion which was approved unani- mously, 7-0. A~enda Item No. 15 - Consideration of further fundin~ for Southern En~ineerin~ for intervention in the Gulf States Rate Case. City Manager Bardell requested that that this item be delayed for two weeks to allow additional time to obtain the necessary data. 00t 655 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 PAGE 11 He explained that Gulf States original request was for twenty- nine million dollars in additional rates and College Station's share of that amount is 18.9 percent. He noted that the Federal Energy Regulation Commission granted Gulf States the full twenty-nine million dollars in additional rates, which became effective on September 30, 1984. He summarized the activities of Southern Engineering to this point. He stated that it appears that this case is going to drag out for another four or five months, which indicates that the city is going to incur much larger expenses than originally estimated. He further stated that in two weeks the staff will return this item for consi- deration with additional information on which to base a decision. A~enda Item No. 16 - Hear Visitors. Mr. M.W. Bell, Route 3, Box 58, stated his objection to the $20.40 charge for garbage pickup for his business. He explained that his type of business does not generate the amount of garbage which would require pickup every day. He stated that the fee is unreasonable. Mayor Halter asked the staff to look into this matter. Utilities Office Manager Piwonka stated that according to city ordinance Mr. Bell's business qualifies for the smallest commer- cial pickup. She stated that Mr. Bell was charged the proper fee. Mayor Halter requested the staff to investigate the possibility of some variation in rates for situations such as this and return a recommendation to the Council. The Council concurred. Agenda Item No. 17 - Closed session to discuss pendin~ litigation [6252-17(2)(e)] and personnel [6252-17(2)(~)]. A. Personnel [6252-17(2)(g)]. 1. Citizen Committee Appointments. The Council moved to closed session and later reopened to the public. 00 .656 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 PAGE 12 A~enda Item No. 18 - Action on closed session. Councilman McIlhaney moved to appoint Ronald Cruse, Mark Paulson, Marshall J. McFarland, Lisa Kless-Kern, J. O. Statham, James M. Gaston, Jim Gardner and Steven E. Esmond, Chairman, to the Drainage Committee. Councilman Reinke seconded the motion which was approved unani- mously, 7-0. Councilman Boughton moved to appoint Susan Friesen, Michael R. Hoelscher, Connie Norton, Carol Parzen, David C. Ekroth, Gail T. Fitch, Marye Oliver, Cynthia Pollard and Larry Ringer, Chairman, to the Library Committee. Councilman Anderson seconded the motion which was approved unani- mously, 7-0. A~enda Item No. 19 - Adjourn. Mayor Halter adjourned the meeting at 10:00 P.M. ATTEST: ,-n . Dia~-3~n-~/City Secretary Gary Ha/er, Mayor 00 657 GUEST REGISTER REGULAR CfTY COUNCIL MEETING THURSDAY, NOVEMBER 8, 1984 7:00 P.M. 14. 15. 16. 17.