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HomeMy WebLinkAbout07/22/1982 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, JULY 22, 1982 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Nemec, Prause, Ringer, Boughton, Runnels, COUNCIL MEMBERS ABSENT: Councilman Jones STAFF PRESENT: City Manager Bardell, City Attorney Denton, City Engineer Ash, City Planner Mayo, Deputy City Secretary/Council Coordinator Martin, Tax-Assessor Collector Dickson, Administrative Assistant Nowlin, Asst. City Manager/Finance Director VanDever, City Secretary Jones, Asst. City Engineer Smith, Asst. City Planner Longley, Asst. Parks and Recreation Director Czimskey, Traffic Engineer Black, Asst. Police Chief Feldman, Parks and Recreation Director Beachy, Deputy Finance Director Schroeder, Building Official Perry, Purchasing Agent Weddle VISITORS PRESENT: See Guest Register. Mayor Halter announced the Special Comprehensive Plan meeting on August 10, 1982 in the City Hall Council Chambers at 5:00 P.M. Agenda Item No. 1 - Approval of the minutes of the Workshop Ci%y.Council Meeting~ July 7, 1982 and the Regular City Council Meeting, Jul~ 8, 1982. Councilman Boughton commended Council Coordinator/Deputy City Secretary Martin on the past few sets of minutes stating they have been very accurate. Councilman Boughton stated that the Regular City Council Meeting minutes of July 8, 1982 should be changed to her name at the bottom as Mayor Pro-tem because the Mayor was not present at the meeting and could not approve the minutes. Councilman Boughton moved to approve the minutes as read with the above changes. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 2 - Consideration of an ordinance annexing a 52.3 acre tract located on the west side of Texas Avenue ~d~acent to and South of the current 6i~ limits. city Planner Mayo presented the item. He stated that the Planning and Zoning Commission and the City Council have held public hearings on the proposed annexation. He stated that this is in the growth pattern 003584 MINUTES REGULAR CITY COUNCIL MEETING JULY 22, 1982 Page 2 projected and recommended in the proposed Plan 2000. Staff and P&Z Commission recommend approval. Mayor Halter stated that all public hearings have been held but asked visitors for any additional comments on the annexation. W.D. Fitch, owner and applicant, stated that he would answer any questions the council may have regarding the tract. Olive Arnold asked questions regarding the responsibility of fire protection and police patrol in the area. Mayor Halter replied that the responsibility would lie with the city fire and police departments. Councilman Boughton moved to adopt Ordinance 1376 annexing the above property. Councilman Runnels seconded the motion. Councilman Prause asked if the city could provide services and protection to outside city limits residents. City Attorney Denton replied that the city has authority to control "nuisances" within 5,000 feet, and can also exercise subdivision control under the annexation statute. The motion was voted on and passed unanimously. ~enda Item No. 3 - Public hearing on the question of rezoning a 52.30 acre tract located on the west side of Texas Avenue, adjacent to and south of the extension of Rock Prairie Road from Agricultural-Open Space District A-O to Apartments Low Density District R-4 and Commercial Industrial District C-2. Appl_~i~ation is in the name of Area Progress Corporation. ~ 82-123] City Planner Mayo presented the item. He stated that the area is located on the west side of Texas Avenue, south of existing city limits. Existing zoning in this area includes C-2, C-l, A-O, and R-2. The C-2 portion of the request provides for adequate depth for Commercial development. The Comprehensive Plan reflects the area as Commercial. The Planning and Zoning Commission recommends approval of this request. Mayor Halter opened the public hearing. W.D. Fitch spoke in favor of the rezoning. project in that area. He explained his proposed Councilman Nemec asked if he would be building duplexes, and fourplexes in 003585 MINUTES REGULAR CITY COUNCIL MEETING JULY 22, 1982 Page 3 the area and not multi-story apartment buildings. Mr. Fitch replied that the lots will not consist of multi-story buildings and explained the location of the duplexes and fourplexes. Mayor Halter closed the public hearing. Agenda Item No. 4 - Consideration of an ordinance rezoning the above tract. Councilman Runnels asked questions regarding the widths of the Rock Prairie Road extension. City Planner Mayo stated that it would consist of 4 lanes similar to the way Southwest Parkway is built. Mr. Fitch stated that he would be willing to widen the right-of-way. Councilman Runnels suggested reviewing the proposed plans for Rock Prairie Road and widening the streets to at least 5 lanes. After further discussion, Councilman Runnels moved to approve Ordinance No. 1377. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 5 - Public hearing on the question of rezoning Lot 28 of the Richards Subdivision from.Single Family Residential District R-1 to Administrative-Professional District A-P. Application is in the name of Kevin G. Schachterie. [82-127] City Planner Mayo presented the item. He stated that the lot is located at the southeast corner of the intersection of Richards Street and Texas Avenue. Surrounding lots are zoned R-1 Single Family Residential. The staff recommends denial of the request for A-P because of the following reasons: The neighborhood has been identified as a Target Area for revitalization through the City's Community Development Program. City has spent over $80,000 in an effort to revitalize the area. The The neighborhood is currently bordered by Commercial development at this time and rezoning would unnecessarily increase Commercial-Residential conflict. He included that the residents of that area were opposed to the rezoning. Mayor Halter opened the public hearing. JackDe~uynckand Norman Godwin represented the owners and spoke in favor of 003586 MINUTES REGULAR CITY COUNCIL MEETING JULY 22, 1982 Page 4 the rezoning. They felt an A-O zoning would be beneficial to the area. Mayor Halter closed the public hearing. Agenda Item No. 6 - Consideration of an ordinance rezoning the above lot. Councilman Ringer moved to deny the request per staff and Planning and Zoning recommendations. Councilman Boughton seconded the motion which passed as follows: FOR: Councilmen Ringer, Boughton, Nemec, Prause, Runnels AGAINST: Mayor Halter Agenda Item No. 7 - CONSENT AGENDA: BIDS: Anderson Park Development 2 One-half ton compact pickup for Building Dept. and Parks Dept. 1 One-half ton long wheel base pickup for Electrical Dept. PLATS: Final plat - Southwood Valley Section 14D and Section 14 E. Councilman Prause asked that both vehicles be removed from the consent agenda. All other bids and plats were approved by common consent. Councilman Prause asked why the staff is recommending a higher bid. Purchasing Agent Weddle stated that the staff is recommending a higher bid because of the delivery times on the needed vehicles. Also, he asked the council to accept the next to the lowest bid for the Building Division Pickup rather than the lowest bid, due to the delivery time. Councilman Ringer moved to accept the recommendations of the staff, including the change in recommendation for the truck in Building Division to the next to lowest bid due to delivery time. Councilman Boughton seconded the motion which passed unanimously. Agenda Item Nq. _8 -.Request fq~ appropriation increases in the General and Sanitation Funds. Asst. City Manager/Finance Director VanDever presented the item. He stated that an increase of $150,000.00 is needed in the General Fund Contingency to pay for additional personnel in the police department and for oversize street participation. Also, $139,345.00 is needed in the Sanitation General Fund for the purchase of an Excavator. This would allow the city 003587 MINUTES REGULAR CITY COUNCIL MEETING JULY 22, 1982 Page 5 to purchase the excavator without entering into a C.O. The council suggested having a special workshop session on oversize street participation in the city. The council will do this at a later date. After further discussion, Councilman Prause moved to approve the $150,000.00 increase in General Fund Contingency and $139,345.00 in the Sanitation Contingency from the fund balances. Councilman Nemec seconded the motion which passed unanimously. Agenda Item No. 9 - Re-consideration of bid on Pad Drum VibratorY Roller. (Tabled at the meeting of Ju~y 8, 1982.) Councilman Ringer moved to remove the item from the table. Councilman Prause seconded the motion which passed unanimously. Purchasing Agent Weddle presented the item. He stated that the Pad Drum Vibratory Roller will be used on the streets for repairs and various other purposes. The staff is recommending the low bid of $51,366.00 for a 120 horsepower engine from Gulf Machinery. He pointed out that they received numerous bids on the machine at various horsepower capacities and the staff recommended purchasing the higher horsepower machine at the lowest cost. Councilman Runnels moved to accept the low bid as recommended by staff for the Pad Drum Vibratory Roller. Councilman Boughton seconded the motion which passed unanimously. Agenda Item No. 10 - Consideration of additional fund%n~ for Technical Supervisor for Police Department% City Manager Bardell indicated that the council had previously approved the funds for the salary of a technical supervisor to be in charge of the intoxilyzer authorized earlier. Since the fiscal year has changed, the staff felt that this item should be approved again. Asst. Police Chief Feldman stated that the intoxilyzer has been ordered and will arrive in the near future. The Police Department is requesting an additional $3,600.00 to pay for the Technical Supervisor's salary. The Supervisor will be in charge of giving the test and maintaining the equipment. Councilman Ringer moved approval to appropriate $3,600.00 from General Fund Contingency to pay for a Technical Supervisor. Councilman Nemec seconded the motion which passed unanimously. 002588 MINUTES REGULAR CITY COUNCIL MEETING JULY 22, 1982 Page 6 ~genda Item No. 11 - Consideration of additional personnel in Finance Division. Mayor Halter announced that this item has been removed from the agenda. Agenda Item No. 12 - Consideration of contract for su~_~ying Wellborn Water Co. with water. City Attorney Denton presented the item. He stated the City is proposing a contract to Wellborn Water Co. to supply approximately 4-10 million gallons of water ofamonth for three years. Wellborn is aware of the need for greater pressure in connecting to the city's system and will bear the obligation to provide the pressure. The connections have been approved and the company will be paying 1 1/2 times the wholesale water cost. The City will guarantee 200 gallons a minute through the connection at Dowling Road, and 100 gallons a minute at the connection of Green Prairie Road. The contract also includes that at times of an extended shortage of water, Wellborn's supply would be reduced. The City has no liability for temporary failure to supply water unless negligent. The staff is requesting that authorization be made for the Mayor and City Manager to sign the contract with Wellborn. Councilman Prause asked questions regarding storing the water. City Manager Bardell replied that planning has been made for 2,000,000 gallons of water to be stored in a water tower located on an existing piece of city-owned property. Councilman Ringer moved to authorize the Mayor and City Manager to sign the contract with Wellborn. Councilman Boughton seconded the motion which passed unanimously with Councilman Nemec abstaining due to her absence when the project was first proposed. ~enda Item No. 13 - Consideration of Appegl bY Bil~_~yman from the Plumbing_Appga~ ~qd Advisory Board. City Engineer Ash presented the item. He stated that Mr. Billy Hyman, contractor from Houston, installed SD 35 plastic pipe as yard lines for the Parkway Circle apartment complex located on Southwest Parkway. The use of SD 35 plastic pipe is not allowed by the City. During the final plumbing inspection, the inspector was not aware of the SD 35 pipe being used. When the system was completely laid and ready to be connected to the city's system, Mr. Hyman was told he would have to remove the pipe from the ground and replace it with an allowable pipe. Mr. Hyman appealed to the Plumbing Code Board, which denied Mr. Hyman's appeal. Mr. Hyman then requested that the council review his request. A special meeting was held and Mr. Hyman expressed to the members of that meeting the hardship of removing the 1200 0035.89 MINUTES REGULAR CITY COUNCIL MEETING JULY 22, 1982 Page 7 feet of non-complying material from the job site. The staff, after discussing the situation, has recommended to the City Council that this material be allowed to remain on site with these following conditions. 1. A thorough test of the material to see that no leaks occur since the parking lots have been constructed. 2. A letter from Mr. Tony Caporina, developer of Parkway Circle Apartments, to the City of College Station verifying that he is aware that his contractor used non-complying material in the construction. After further discussion by the council, Councilman Ringer moved to accept the recommendation of the staff and allow Mr. Hyman to use the SD35 material with the above conditions. Councilman Boughton seconded the motion which passed as follows: FOR: Mayor Halter, Councilmen Ringer, Boughton, Nemec AGAINST: Councilmen Prause, Runnels Agenda Item No. 14 - City staff to address qqestions on pro-rata charges for Ramiro Galindo. City Engineer Ash presented the item. He presented the council with a memo from the staff on Mr. Galindo's previous questions. He indicated that Mr. Galindo had asked questions regarding the payment of overwidth right-of-way cost at the rate of raw land cost. The city evaluates over-width right-of-way cost equivalent to parkland dedication figures of $30,000 per acre. Oversized costs are reviewed by the staff as per contractor's statements for construction and the city pays based on those construction costs. Mr. Galindo had previously indicated that the City's method of calculating the number of units to be served by a pro-rata line was according to the zoning classification. Asst. Planning Director Callaway's memo clarified that the City uses the Comprehensive Plan to determine the number of units to be served. Asst. City Engineer Smith reviewed Mr. Galindo's cost of replacing a line which totaled $7,716.95. With a reduction of this figure for the pro-rata cost of $247,820.44, this leaves pro-rata cost per unit as $77.73. Mr. Galindo stated that he felt that pro-rata cost should be determined as the zoning is changed in an area. He included thatif the Comprehensive Plan is not a legal guide, the City should use the zoning of an area when a figure is determined. He asked why an additional developer not fronting the line does not have to pay pro-rata cost even though he would be using the line. City Engineer Ash explained that the ordinance does not include a developer not fronting the line but said developer must pay for the cost of extending a line to the main system. 003590 MINUTES REGULAR CITY COUNCIL MEETING JULY 22, 1982 Page 8 After further discussion, Mayor Halter stated that they would take up a discussion of the city's ordinance on pro-rata costs in the city at the Special Workshop Meeting. ~genda Item No. 15 - Ms. Brown to talk to council regarding condemnation of property located at 1100-1102 Foster Avenue. Mayor Halter stated that Ms. Brown requested not meeting with the council at this time. ~enda Item No 16 - Hear visitors. No one spoke. Agenda Item No. 17 - Closed session to discuss personnel [6252-17(g)]. The council moved to close session to later reopen to the public. Agenda Item No. 18 - Action on closed session. Councilman Ringer moved to appropriate $425.00 per month to the City Manager for use of his personal vehicle on city business. Councilman Boughton seconded the motion which passed unanimously. ~genda Item No. 19 - Adjourn. Mayor Halter adjourned the meeting. ATTEST: Di~nZ~Jo~n~ '~etary APPROVED 003591 THUI~AY, JULY 22, 1982 7:00 P.H. l~.~.~qE SIGN 18 19, 21. 4e 5® 10. 7m 11o 12. 9e 13. 14. 31. 15. 16. 33. 17. 003§9.2