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HomeMy WebLinkAbout08/23/1984 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 7:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: VISITORS PRESENT: Mayor Halter, Councilmen Anderson, Boughton, McIlhaney, Reinke, Runnels Councilman Prause City Manager Bardell, Assistant City Manager VanDever, City Attorney Locke, Director of Capital Improvements Ash, Deputy Finance Director $chroeder, City Secretary Jones, Director of Planning Mayo, Assistant Director of Planning Callaway, City Engineer Pullen, Personnel Manager Dickson, Printing Coordinator Fry, Purchasing Agent McCartney, Assistant Zoning Official Johnson, Police Department Records Manager Norton, Council Coordinator Jones See guest register. Agenda Item No. 1 - Si~nin~ of a proclamation desi~natin~ August 26th as "Women's Equality DAN" in College Station, Texas. Mayor Halter signed a proclamation designating August 26, 1984 as "Women's Equality Day" in College Station, Texas. Ms. Jean Williamson accepted the proclamation. Agenda Item No. 2 - $ignin~ of a proclamation desi~natin~ the week of August 27, 1984 through September 2, 1984 as "Texas Fire Fighter Appreciation Week" in College Station, Texas. Mayor Halter signed a proclamation designating the week of August 27, 1984 through September 2, 1984 as "Texas Fire Fighter Appreciation Week" in College Station, Texas. Steve Aldrich accepted the proclamation on behalf of MDA. He explained that every year the Texas Firefighters take to the streets in participating in the "Fill the Boot" campaign to benefit the Muscular Dystrophy Association. He noted that the College Station Firefighters are preparing for the Jerry Lewis "Fill the Boot" campaign which will be held the weekend of September 1, 1984. 00 78 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 PAGE 2 A~enda Item No. 3 - A~proval of the minutes of the Regular Cit~; Council Meeting, August 9, 1984. Councilman Reinke stated that on the minutes of the Regular City Council Meeting, August 9, 1984, page 1, the term "cable TV" should be inserted in front of the term "franchise agreement". She further stated that the statement "the Planning and Zoning Commission recommended approval of this request by a vote of 4-2" should be corrected to read "the Planning and Zoning Commission recommended approval of this request by a vote of 4-0". Councilman Boughton moved approval of the minutes of the Regular City Council Meeting, August 9, 1984, with the above corrections. Councilman Anderson seconded the motion which was approved unanimously, 6-0. A~enda Item No. 4 - A ~ublic hearin~ to consider the annexation of two tracts of land totallin~ 25.82 acres which are a part of and extension to the existin~ Southwood Valle~ Athletic Complex located a~proxi- matel~ 1000 feet southeast of the intersection of Rock Prairie Road and Rio Grande Drive. Director of Planning Mayo pointed out on the map the portion of the park that was not previously annexed. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. A~enda Item No. 5 - A public hearin~ on the question of rezonin~ part of a 32.28 acre tract located south of the Woodstock Subdivision and east of the Richards Subdivision from Single Famil~ Residential District R-1 to General Commercial District C-1 (23.28 acres) and Administrative-Professional District A-P (6.32 acres). A~plication is in the name of S~pcon Construction Corporation. (84-115) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns a 32.28 acre tract of land located south of the Woodstock Subdivision and east of the Richards Subdivision. He stated that the staff was not in support of the original rezoning request for the following reasons: (1) Request does not comply with the land use plan; (2) Proposed C-1 zoning would not be compatible with existing and planned residential uses to the south and west of this tract; (3) Quantity of existing and planned C-1 zoning exceeds projected need for commercial land uses without such deviations from the land use plan. He noted that the Planning and Zoning Commission considered a motion recommending approval of the proposed C-1 tract at the northeast corner which passed by a vote of 00 79 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 PAGE 3 2-1-1. He pointed out that the Commission stated that the applicant could address the concerns on the balance of the property prior to Council consideration of the request. He stated that since then the applicant has submitted a revised rezoning request which addresses the C-l/R-1 conflict in the southwest portion of this tract. He noted that the applicant has provided an A-P buffer abutting the existing residential property. He further stated that if it is the Council's intention to create a commercial corridor to the mall area then staff has no objections to the approval of the revised rezoning request. Mayor Halter opened the public hearing. Mr. Larry Wells, representing the applicant, spoke in favor of the revised rezoning request. He stated that the revised request as presented addresses all of the concerns expressed by the Planning and Zoning Commission. Councilman Reinke asked why the southwest corner was not requested as A-P all the way to Holleman. Mr. Wells stated that it was not A-P all the way to Holleman largely due to the flood plain element. He further stated that the request also depended on the amount of C-1 zoning necessary to make the development feasible. Mr. James Gardner spoke against the practice of strip development and commercialization of all the city's major streets. No one else spoke. The public hearing was closed. A~enda Item No. 6 - Consideration of an ordinance rezoning the above tract. Councilman Anderson moved approval of Ordinance No. 1544 rezoning the above tract. Councilman Boughton seconded the motion which was approved by a vote of 5-1 as follows: FOR: Councilmen Anderson, Boughton, McIlhaney, Reinke, Runnels AGAINST: Mayor Halter Councilman Runnels stated that all major streets do not have to be developed as commercial and suggested that the Planning and Zoning Commission study this matter and develop some policies for consideration. OO& .80' REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 PAGE 4 Agenda Item No. 7 - A public hearing on the necessity of the construction of a portion of Greens Prairie Road and the necessity for the assessment of expenses. Acting City Attorney Locke presented the item. Mayor Halter opened the public hearing. Mr. James Gardner asked what the purpose was for the construction of a portion of Greens Prairie Road and the necessity for the assessment of expenses. He inquired about the cost to the city for this construction. Director of Capital Improvements Ash stated that construction of Phase I of Greens Prairie Road would cost approximately half a million dollars, but the actual cost to the city would be one-tenth of the total cost. Mayor Halter stated that the construction of Greens Prairie Road is necessary to provide access to the Industrial Park. Mrs. James Creagor asked a question concerning assessment procedures. Acting City Attorney Locke noted that ROW determines the amount of assessment. Mayor Halter suggested that Mrs. Creagor contact the Legal Department to obtain more detailed information concerning this subject. Agenda Item No. 8 - Consideration of an Ordinance declaring the necessity of the construction of a portion of Greens Prairie Road and the necessity for the assessment of expenses. Councilman Boughton moved approval of Ordinance No. 1545 declaring the necessity of the construction of a portion of Greens Prairie Road and the necessity for the assessment of expenses. Councilman Anderson seconded the motion which was approved unanimously, 6-0. Agenda Item No. 9 - A public hearing on the request by McCaw Communications Companies, Inc., for 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. Acting City Attorney Locke presented the item. She explained that the draft of the amending ordinance incorporates all the items that McCaw B.C.S. Communications, Inc. agreed to in their letters dated May 7 and 9, 1984, plus an additional item agreed to by John McCaw at a council meeting during consideration of the first franchise. 00 .81 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 PAGE 5 She summarized the changes that were made in the proposed ordinance revising the cable TV franchise ordinance. Mr. Joseph DiBacco, Regional Manager for McCaw B.C.S. Communications, Inc., stated that McCaw is in complete agreement with the changes as proposed. Acting City Attorney Locke pointed out that the term of the contract will be ten years, Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. A~enda Item No. 10 - First consideration of ~rantin~ to McCaw Communications Companies, Inc. a franchise and privilege to build, use, maintain and operate a system for the purpose of receiving, amplifying and distributin~ television signals in the City of College Station, Texas. Mayor Halter stated that the City Attorney had pointed out that a revised definition of gross revenues had been suggested by McCaw for inclusion. Councilman Runnels moved approval of Ordinance No. 1546 per first consideration, including the revised definition of "gross revenues." Councilman Reinke seconded the motion which was approved unanimously, 6-0. Mayor Halter stated that at present there has been no approval of any rate increases or determination of cable line-up. He noted that additional public hearings will be held to address these questions. A~enda Item No. 11 - Consent A~enda: BIDS: Economy Pickup Truck, 3 each (Bid #85-19) 1/2 Ton Pickup Truck, 1 each (Bid ~85-19) Truck cab and chassis, 1 each (Bid 985-11) High compaction, rear-loading refuse collection body, 2 each (Bid 985-14) 8,000 gallon hot asphalt storage tank, 1 each (Bid #85-15) Asphalt distributor, 1 each (Bid 985-16) Pothole patching machine, 1 each (Bid 985-17) Vacuum street sweeper, 1 each (Bid #85-18) 004.4.82 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 PAGE 6 PLATS: Final Plat - Fountain Oaks Subdivision (Resubdivision of Part of Block 1 University Oaks Section Two) (84-220) Final Plat - Nantucket Phase Two (ETJ Subdivision) (84-222) Preliminary Plat - Woodcreek III (84-308) Density Consideration - Fountain Oaks Apartments (in R-6 zoning district) (84-504) Councilman Runnels requested that the final plat (84-220) and the density consideration (84-504) - Fountain Oaks Apartments be removed from the consent agenda. Ail items not removed were approved by common consent. Director of Planning Mayo presented the item. Councilman Runnels moved approval of the final plat - Fountain Oaks Subdivision (84-220) per the recommendations of the Project Review Committee for a density consideration of 29.35 units per dwelling. Councilman Boughton seconded the motion which was approved unanimously, 6-0. Agenda Item No. 12 - Consideration of a resolution authorizin~ the City Manager to execute a User a~reement with Texas Commission on Law Enforcement officer Standards and Education. Personnel Manager Dickson presented the item. She explained that the User agreement will authorize the city to continue to use the Texas Commission on Law Enforcement Officer Standards and Education examinations as a means of screening applicants for the Police Department. Councilman Boughton moved approval of Resolution No. 08-23-84-12 authorizing the City Manager to execute a User agreement with Texas Commission on Law Enforcement officer Standards and Education. Councilman Anderson seconded the motion which was approved unanimously, 6-0. %genda Item No. 13 - Consideration of a resolution approving the operations of the Brazos County Housin~ Finance Corporation within the corporate limits of the City of College Station. Acting City Attorney Locke presented the item. She explained that provisions of the Texas Housing Finance Corporations Act, Article 12691-7 provide that the Brazos County Housing Finance Corporation 00/ / 83 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 PAGE 7 may not make, purchase or acquire mortgage loans to finance homes located within a city within the County with a population in excess of 20,000 persons without the approval of the governing body of such city. She stated that the Brazos County Housing Finance Corporation has determined pursuant to its rules and regulations that the population of the City of College Station, Texas, presently exceeds 20,000 persons and has requested approval by the City Council of the operations of the Corporation. Councilman Boughton moved approval of Resolution No. 08-23-84-13 approving the operations of the Brazos County Housing Finance Corporation within the corporate limits of the City of College Station. Councilman Reinke seconded the motion which was approved unanimously, 6-0. Agenda Item No. 14 - Consideration of Awarding Professional Services Contract for Utility Service Center. Councilman Runnels, chairman of the Capital Improvements Council Committee, stated their recommendation that the professional services contract for the Utility Service Center be awarded to Holster and Associates. Councilman Reinke moved to direct the city staff to begin negotiating a professional services contract for the Utility Service Center with Holster and Associates. Councilman Boughton seconded the motion which was approved unanimously, 6-0. Agenda Item No. 15 - EMERGENCY ITEM: Consideration of a Resolution authorizing the city manager to sign a contract with Nixdorf Computer Corporation for installation of computer system at College Station Police Department and Fire Department. Acting City Attorney Locke requested that consideration of this item be rescheduled on the next regular meeting agenda to allow the Council sufficient time to review the proposed contract with Nixdorf Computer Corporation for installation of a computer system at College Station Police Department ad Fire Department. She noted that final negotiations with Nixdorf have been completed and the resolutions on warranties and service agreement drafts are very good. Acting City Attorney Locke stated that the proposed contract requires that any changes or modifications receive council approval, and she suggested a substitution be made that requires changes or modifications be approved or disapproved by the city manager with the proviso that if. he considers a modification to be a major one, he would return to the City Council for approval. REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 PAGE 8 Mayor Halter stated that this item would be rescheduled on the September 13, 1984, Regular City Council Meeting agenda. A~enda Item No. 16 - Hear visitors. No one spoke. A~enda Item No. 17 - Closed session to discuss pendin~ litigation [6252-17(2)(e)], personnel [6252-17(2)(9)], and land acquisition [6252-17(2) (f)] . A® Bm Ce Personnel [6252-17(2)(g)]. (1) Administrative Appointments. (2) citizen Committee Appointments. Land Acquisition [6252-17(2)(f)]. (1) Property on Foster Street. (2) Parklands. Pending Litigation [6252-17(2)(e)]. (1) Pending Gulf States Rate Case. The Council moved to closed session and later reopened to the public. A~enda Item No. 18 - Action on closed session. Councilman Runnels moved to appoint Mr. Leonard C. Williams and Dr. Charley V. Wootan to serve out the unexpired terms of Dr. George Kunze and Mr. Taylor Riedel on the Southeast Texas Higher Education Authority. Councilman Boughton seconded the motion which was approved unanimously, 6-0. Councilman Boughton moved approval of the Parks and Recreation Boards appointments to the Lincoln Center Advisory Committee as follows: Robert L. Smith, III, chairman; Andrew Lee Merchant; Florence Caldwell; Robbie Clark; Norman Gibbs; Julion McMurrey; and Blossie T. Payton. Councilman Reinke seconded the motion which was approved unanimously, 6-0. Councilman Boughton moved to authorize the City Manager to hire Southern Engineering in the amount of $6,000.00 to be funded from the Utility Fund Contingency, for intervention in the Gulf States Rate Case. Councilman McIlhaney seconded the motion which was approved unanimously, 6-0. 00 . .85 REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 PAGE 9 Councilman Anderson moved to appoint Cathy Locke to the position of City Attorney. Councilman Runnels seconded the motion which was approved unanimously, 6-0. Agenda Item No. 19 - Adjourn. Mayor Halter adjourned the meeting at 8:50 P.M. Gar~7--RaI~, Mayor Dian Jones, C~·Secretary 00 86 GUEST REGISTER REGULAR CITY COUNCIL MEETING THURSDAY, AUGUST 23, 1984 7:00 P.M. 1. ! % 18. 20. 21. 22. e e 23. 24. Se e 11. 12. 25. 26. 27. 15. 32. 16. 33. 17. 34.