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HomeMy WebLinkAbout11/11/1982 - Regular Minutes City Council MINUTES REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilmen Nemec, Prause, Runnels COUNCIL MEMBERS ABSENT: Councilmen Boughton, Ringer, Jones STAFF PRESENT: City Manager Bardell, City Attorney Denton, Director of Capital Improvements Ash, Asst. Director of Planning Callaway, Deputy City Secretary/Council Coordinator Martin, City Secretary Jones, Finance Director VanDever, Deputy Finance Director Schroeder, Purchasing Agent Weddle, Asst. City Engineer Smith, Building Official Perry, Public Services Director Allen, Traffic Engineer Black, Administrative Asst. Nowlin, Asst. Parks and Recreation Director Czimskey, Tax Assessor-Collector Dickson, Energy Specialist Layne VISITORS PRESENT: See guest register. Agenda Item No. 1 - Approval of the minutes of the Regular City Council Meeting, October 28, 1982. Councilman Runnels moved approval of the minutes as read. Councilman Prause seconded the motion which passed unanimously. Agenda Item No. 2 - Public hearing on the question of rezoning all of Block Y in University Park Phase II from Townhouse-Rowhouse District R-3 to Planned Commercial District C-3. Applicat~6~ 'is in the name of J. Spencer Wendt. [82-137] Asst. Director of Planning Callaway presented the item. He stated that the 1.218 acre tract is located on the north side of University Drive approximately 50 feet east of the intersection of Spring Loop and University Drive. Adjacent tracts are zoned R-3 and R-1. The area is reflected on the current Comprehensive Plan as Low Density Residential and the preliminary plans from the consultants reflect this as Medium Density Residential. The P&Z Commission recommends denial of this request due to the following: The requested commercial zoning is not compatible with the existing land use. ® A lower intensity zoning district would be more appropriate adja- cent to the residential development. 003716 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 PAGE 2 Access to the tract would create traffic through a lower density residential area. 0 The amount of commercial land in this area meets the requirements for this area. Mayor Halter opened the public hearing. J.W. Wood spoke on the difficulty of developing this tract and recommended that the tract be developed differently than the current zoning of R-3. When no one else spoke, Mayor Halter closed the public hearing. Agenda Item No. 3 - Consideration of an Ordinance rezoning the above tract. Councilman Runnels moved to deny the rezoning request due to alot of opposition to the proposed rezoning request. Councilman Prause seconded the motion. Mayor Halter indicated that if the city council denied the request, the applicant would have to wait 6 months before the council and P&Z could consider another zoning request. Councilman Runnels stated that he would change his motion to table the item until the applicant could propose another rezoning request. Councilman Prause seconded the motion to table which passed unanimously. Agenda Item No. 4 - Public he~ring on the question of rezonin~ a 32.289 acre tract located south of and adjacent to West Luther Street and approximatel~ 1,000 feet west of West Luther Street, from Single Family District R-lA, Duplex District R-2, Townhouse-Rowhouse District R-3 and A~artm~n~s Low Density District R-4 to Single Family District R-lA and A~ar~ments Low Density District R-4. ~p~i~ati0n is in the name of Building Craft, Inc. [82-138] Asst. Director of Planning Callaway presented the item. He stated that this 32.289 acre tract is located on the south side of West Luther St. adjacent to and west of the abandoned I & GN Railroad right-of-way. This tract is a portion of the proposed Woodway West Subdivision. The area is reflected on the current land use plan as Medium Density Residential. The staff and P&Z Commission recommend approval of this request. Mayor Halter opened the public hearing. Joe Blaschke, representing Walton Associates and McClure Engineering, stated that he has prepared the plans for the Holleman Drive extension from the I&GN abandonded right-of-way to Holleman Drive. He indicated that the owners are now negotiating with the city and the contractors to begin construction as soon as possible. The proposed extension will determine 003717 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 PAGE 3 the development of this project. When no one else spoke, the public hearing was closed. Agenda Item No. 5 - Consideration of an Ordinance rezoning the above tract. Councilman Prause moved approval of Ordinance No. 1389 rezoning the above tract. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 6 - Public hearing on the question of rezoning four tracts of land totalling 7.063 acres,being 9 ~art of a 91.98 acre tract generally known as Glenhaven Estates, located between University Drive, the East Bypass and Dominik_Street_______!_, Tract ~1: 0.124 acres from Single Family District R-1 to Townhouse-Rowhouse District R-3; Tract ~2: 1.514 acres from Apartments Low Density District R-4 to Administrative-Professional District A-P; Tract ~3: 3.156 acres from Apartments Low ~ity District R-4 to Townhouse-Rowhouse Dist~ct R-3; Tract #4: 2.269 acres from General Commercial District C-1 to Townhouse-Rowhouse District R-3. App~q~ioq is i~ %~e n~me of Brazosland Properties, Inc. [82-13~j Asst. Director of Planning Callaway presented the item. He stated that the four tracts are located within the proposed Glenhaven Estates Subdivision. Existing zoning in the area includes C-l, R-4, R-3, R-lA, and R-1. The surrounding area is vacant at this time. The area is reflected as Low Density Residential on the current land use plan. The proposed rezonings would provide adjustments in the plans for the development of Glenhaven Estates. Approval of this request is recommended. Mayor Halter opened the public hearing. When no one spoke, the public hearing was closed. Agenda Item No. 7 - Consideration of an Ordinance rezoning the above tract. Councilman Runnels moved to approve Ordinance No. 1390 rezoning the above tract. The motion was seconded by Councilman Nemec. Councilman Runnels asked about the status of parkland acquisition in this area. Asst. Director of Planning Callaway replied that the developers are still negotiating with the Parks Board on proposed park sites for the area. Mayor Halter stated that the city was hoping to receive at least 10 acres of Parkland in the area rather than only 5 acres. He indicated that he would like to have the Parks Board review the area in the near future ~a~d 0037 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 PAGE 4 determine how many acres the city will receive in Glenhaven Estates, and cost of the additional acreage. He asked the City Attorney to write a document for the owners of this property noting that parkland dedication has not been resolved and future acquisition of this land could occur. After further discussion, the motion was voted on and passed unanimously. Agenda Item No. 8 - Consideration of the proposed locations of the Southwest Parkway overpass. Director of Capital Improvements Ash presented the item. He showed the council three proposed plans for the Southwest Parkway overpass alignment. The first concept would connect Southwest Parkway with Raintree Drive and provide a cloverleaf design to access traffic onto Hwy 6. The second concept would align Southwest Parkway with the northern boundary line of the Raintree Subdivision and connect to Appomattox Drive, which will be a main road in the future. The third concept would connect Southwest Parkway to the frontage road and create a (T) cross-road design. After further discussion, Mayor Halter pointed out that the purpose of this presentation is to notify the council of the proposed concept plans and to receive input from the council on various ideas for the extension. A~enda Item No. 9 - CONSENT AGENDA: BIDS: Office Furniture and Equipment for Parks and Recreation Dept. PLATS: Preliminary Plat - Block B, Lot 1, Eastmark II Preliminary Plat - Woodway West Mayor Halter indicated that the bids listed on Item No. 10 are part of the above bids. Item No. 10 is a proposed Contingency Fund Transfer Request to purchase a device which records incoming calls and tapes to be used by the Police Department. Councilman Prause asked to remove the Wheel Loader bid from the Consent Agenda. Councilman Runnels asked to remove both plats from the Consent Agenda. Ail other bids were approved by common consent. Councilman Prause stated that the Hyco (John Deere) wheel loader bid seemed to be a less expensive bid than the recommended Mustang (Caterpillar) bid. Public Works Director Allen explained that the recommendation was based upon the experience they have had with Caterpillar equipment. Depreciation value of the Caterpillar equipment is substantially lower than that of the 003719 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 PAGE 5 other equipment, the average annual maintenance cost is low, and servicing and parts are available locally. The Public Services Department recommended that the City Council approve the purchase of the Caterpillar Model 930 Wheel Loader. Councilman Prause moved to accept the staff recommendation for the purchase of the Caterpillar Model 930 Wheel Loader for $61,497.00. Councilman Runnels seconded the motion which passed unanimously. PRELIMINARY PLAT - BLOCK B LOT 1EASTMARK II Asst. Director of Planning Callaway presented the item. He stated that the plat could be affected by the city's decision on the design of Southwest Parkway extension. Approval of this preliminary plat does not obligate the city to approve the final plat. Approval of this plat would allow the developer to proceed with at least the portions of the plat that will not affect the overpass. The staff and P&Z recommended approval of this plat. Councilman Runnels stated that in the Pre-submission conference, the staff had recommended various stipulations using the word "should" to address situations that need to be conducted in a certain way. He asked if using the word "should" would be enforceable if the developer does not follow through with the staff recommendations. Asst. Director of Planning Callaway replied that when the final plat is approved, all stipulations will be made and addressed according to staff recommendations. After further discussion regarding the right-of-way for the extension of Southwest Parkway, Councilman Runnels moved approval of the preliminary plat. Councilman Prause seconded the motion which passed unanimously. WOODWAY WEST Councilman Runnels asked who would be responsible for paving the proposed Marion Pugh Drive. Director of Capital Improvements Ash replied that the city will assess the cost of the street against the abutting property owners. Councilman Runnels moved to approve the preliminary plat of Woodway West. Councilman Prause seconded the motion which passed unanimously. A~enda Item No. 10 - Consideration of Bids 83-6 and a Contingegcy Fund Transfer ~equest. Purchasing Agent Weddle presented the item. He stated that the staff is requesting a transfer of $6,296.00 from the Revenue Sharing Contingency Fund to purchase a dual transport device (playback unit to permit playback 003720 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 PAGE 6 while still recording), 35 magnetic tapes, a tape eraser and demagnetizer for the ten (10) channel logging recorder system for the Police Department that was purchased several months ago. This unit will record all telephone and radio communications for the Police Department. Sufficient funds in the Revenue Sharing Contingency Fund is available for this transfer. After further discussion of the use for the equipment, Councilman Prause moved to approve the request for transfer of $6,296.00 from the Revenue Sharing Contingency Fund to purchase the above items. Councilman Nemec seconded the motion which passed unanimously. Mayor Halter announced that Item No. 11 will be postponed until a later time in the meeting. ~genda Item No. 12 - Discussion on authorizing staff to effect with TAMU an agreement relating to garbage disposal. City Manager Bardell presented the item. He indicated that he was contacted on behalf of the University by Mr. Joe Estill, who requested that the city make a proposal to contract the disposing of the University's generated solid waste. Currently, the city is using 1/2 of the total acreage of our site as landfill and can foresee about 16 additional years of usage. Adding the University°s solid waste would reduce projected city use of the current landfill to 10 years. A move to incineration within 5 years would reduce usage of the landfill by 80% and the site could then be used for 30 years with the University's solid waste and 55 years with regular usage. He recommended that any contract made should include funding of feasibility studies for incineration and energy recovery from solid waste. Director of Public Services Allen included an analysis of Impact of Landfilling Texas A&M Solid Waste. Mr. Bardell indicated that the City will not dispose of any hazardous solid waste in the landfill. After further discussion regarding the estimated weight of the University's solid waste, Councilman Runnels moved to authorize the City Manager to propose a contract for the disposing of the University's solid waste and to present the proposal to the council before it is presented to the University. The motion was seconded by Councilman Nemec and was passed unanimously. Agenda Item No. 11 - Consideration of propqsal on Christmas Decorations and suggested revisions and additions to Community Center Rules, Regulations and Fees. Community Center Director Calliham presented the item. She stated that she contacted Lou Cashion of the Christmas Store and requested some suggestions on decorating the Community Center for Christmas. Mrs. Cashion suggested a theme of "Folk Art America" that will include a 10 ft. artificial pine, lights, wooden ornaments which are hand-made by Nancy Thomas, wreaths, 003721 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 PAGE 7 garlands, folk art desk arrangements for offices, garlands and bows for entrance rails, and other fillers to carry out the theme. Total cost of set up and take down will be $4,500.00. The tree itself will be a drawing card for visitors, citizens, and groups because the ornaments are individually-made pieces of art. All decorations will be re-usable for many years and may be added to or deleted from according to future needs. Councilman Nemec asked if bids should be made on these items. City Attorney Denton replied that if the items are not specifics (such as the hand-made ornaments), then the possibility of seeking bids on the proposal should be made to others. Community Center Director Calliham pointed out the time problem with bidding and approving the bids before December 3rd. Mayor Halter suggested that Ms. Calliham call various suppliers and seek bid prices for these items, and return to the council at the November 16th meeting. Councilman Prause moved to accept the bid for the hand-made ornaments designed by Nancy Thomas and to postpone purchasing the other items until other telephone bids are made. Councilman Runnels seconded the motion which passed unanimously. Ms. Calliham also presented proposed revisions to be accepted by the council regarding operations of the Community Center. She indicated that the Center has temporarily been using the following revisions until a final approval was made by the City Council. She pointed out the various changes made to fees being charged for alcohol use, commercial rates, and an additional Sunday surcharge. After further discussion by the council regarding these changes, Councilman Runnels moved to approve the proposed operation changes and rates of the Community Center. Councilman Nemec seconded the motion which passed unanimously. Agenda Item No. 13 - Consideration of Utility Contingency Transfer for TPPA dues. Deputy Finance Director Schroeder presented the item. He stated that the city has received the annual bill for Texas Public Power Assocation dues of $3,695.00. He recommended that the council authorize the staff to pay the bill from the Utility Contingency Fund. Mayor Halter briefly pointed out the purpose of the TPPA. He indicated that TPPA staff members in Austin are responsible for looking out for the interest of the City of College Station at the Public Utilties Commission 0O3722 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 PAGE 8 meetings. Councilman Prause moved to approve the transfer of $3,695.00 from the Utility Contingency Fund to pay 1983 membership dues in the TPPA. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 14 - Consideration of an Ordinance determining the rate to be charged by Lone Star Gas for the sales of natural gas to residential and commercial consumers. City Manager Bardell presented the item. He stated that the draft ordinance included for consideration would give Lone Star Gas a projected increase of $475,000.00 in revenue for the coming 12 months. The $475,000.00 increase represents 59% of the total increase originally requested. The city staff feels this increase is too high while Lone Star Gas feels it is too low. Normally, if the rate case went before the Railroad Commission, the settlement terms would be less favorable to the city. He included that given moderation of inflation during the past quarter, the city will need to draw a very fine line on any future rate request. Mayor Halter pointed out that this rate increase is in addition to the gate rate increase recently granted to Lone Star Gas. Mayor Halter asked why there is a need for an increase in rates since there is currently an oversupply of gas. Dan Webber, of Lone Star Gas, replied that rate increase is due to previous negotiations made by Lone Star Gas to purchase their gas supply. He also explained Lone Star Gas's procedures for production of their gas. Mayor Halter asked if Bryan's rate ordinance was still 1% higher than College Station's rate ordinance due to Bryan°s higher franchise tax. Dan Webber replied that their present tax factor is equal to College Station's proposed Ordinance. City Manager Bardell pointed out that the City of College Station°s franchise rate is 1% less than Bryan"s franchise rate, and if the Ordinance was passed with rates identical to the rates in Bryan's Ordinance, the city would be picking up the 1% difference. Dan Webber stated that under the proposed Ordinance as drafted, the citizens of College Station would pay part of the 1% franchise tax to the City of Bryan. City Manager Bardell stated that legally the City of College Station cannot pay taxes on something the city does not receive value for. Dan Webber stated that the franchise tax factor would have to be changed to 003723 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 PAGE 9 1.03514 for the City of College Station in their proposed Ordinance. City Attorney Denton asked Mr. Webber what the approximate total of the rate case expense would be. Mr. Webber replied that there would not be a rate case expense as no rate consultant was hired in the case. With all necessary changes being made regarding College Station's tax factor in the proposed Ordinance, Councilman Nemec moved to pass Ordinance No. 1391 revising Lone Star Gas's rates for natural gas for residential and commercial consumers. Councilman Runnels seconded the motion which passed unanimously. Agenda Item No. 15 - Consideration of an Ordinance changing the speed limit on State Highway._30. Director of Capital Improvements Ash presented the item. He indicated that a proposed ordinance was included in the packets. Summary of the ordinance designates the speed limit from Texas Avenue to just east of Puryear Drive will be 40 m.p.h. From that point on to the east of Appomattox Drive, the speed limit will be 45 m.p.h.; and east of Appomattox Drive to Marcy Lane will increase to 55 m.p.h. From Marcy Lane to Sara Lane, the speed limit will reduce to 50 m.p.h, and from Sara Lane to Hwy. 158 it will reduce to 40 m.p.h. Councilman Prause stated that he felt the speed limits were too fast and pointed out that a large number of accidents occur on Hwy. 30. He asked how these proposed speed limits were derived. Director of Capital Improvements Ash stated that these speed limits were established by the 85th percentile speed of the motoring public. Councilman Runnels asked if this 85th percentile speed of the public is the only factor considered for setting speed limits. Director of Capital Improvements Ash replied that in special conditions such as schools, churches, etc. there is a certain required speed limit. City Attorney Denton indicated that he was not aware of any law requiring cities to set speed limits according to the 85th percentile speed of vehicles using the road. He stated that this provision could be a policy of the Highway Department. The law gives the city the right to set speed limits within their city limits. Director of Capital Improvements Ash indicated that they would meet with the Highway Department on lowering these speed limits on Hwy. 30 and bring another proposal to the council at a later date. City Attorney Denton indicated that he would review the policy of the Highway Department and the 00372 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 PAGE 10 rights the city has in setting speed limits. After further discussion, Councilman Prause stated that he felt the speed limit proposed for Hwy. 30 was too fast and moved to table this item until the staff can meet with the Highway Department. Councilman Runnels seconded the motion which passed unanimously. A~enda Item No. 16 - Consideration of an agreement for propqsed traffic signals at FM 50 and SH 30 interchanges on the East By~ass. City Attorney Denton presented the item. He indicated that he reviewed the proposed agreement and deleted the section which delegated all liability to the City of College Station. The agreement indicates that the City Council will authorize by Ordinance installation of the highway traffic signals and will furnish the funds to operate same; the State will furnish the funds for construction of the signals. The State will have control of the signals, therefore, the City will not be liable for any part. Councilman Prause moved approval of Ordinance No. 1396 authorizing the city staff to enter into an agreement with the State for construction, etc. of traffic signals at FM 60 and SH 30. Councilman Nemec seconded the motion which passed unanimously. Agenda Item No. 17 - Consideration of an Ordinance amending Chapter 3, Section 1 of the Code of Ordinances relating to the Standard Buil~iqg Code. Mayor Halter stated that the city staff has asked that this item be removed until a Workshop City Council Meeting. Agenda Item No. 18 - Consideration of purchasing ~roperty located at 1200 Foster Street. City Attorney Denton presented the item. He stated that this property has recently become available to the city voluntarily and at some point during the expansion process of the city municipal building, the lot will be needed. The city staff is requesting that the council pass a Resolution approving the purchase of the lot at a maximum purchase price of $55,000.0O. After further discussion, Councilman Runnels moved to approve Resolution No. 11-11-82-18 authorizing the city staff to purchase said property at a maximum purchase price of $55,000.00 from the 1982 General Obligation Bond fund unappropriated balance. Councilman Prause seconded the motion which passed unanimously. Agenda Item No. 19 - Consideration of funding for public service personnel. 003725 REGULAR CITY COUNCIL MEETING THURSDAY, NOVEMBER 11, 1982 PAGE 11 Consideration of this item was delayed to follow the closed session. Agenda Item No. 20 - Hear visitors. No one spoke. Agenda Item No. 21 - Closed session to discuss personnel [6252-17(g)] and Land Aqquisition [6252-17(f)]. The council moved to closed session and later reopened to the public. Agenda Item No. 22 - Action on closed session. Councilman Runnels moved to create an additional clerical position within the Department of Public Services and to reclassify the existing secretarial position to Administrative Secretary. Total amount of this request for the remainder of FY 82-83 is $18,156.00 to be transfered from the Revenue Sharing Contingency Fund to the General Fund. Councilman Nemec seconded the motion which passed unanimously. Mayor Halter announced that the 2nd regular Thursday meeting in December will be held on December 21, 1982 at 7:00 p.m. in the council chambers. Agenda Item No. 23 - Adjourn. Mayor Halter adjourned the meeting. Gary Halye~, Mayor ATTEST: Dian Jones,~ty Secretary 003726 (~.~~~ ~']~Rll, 1982 7:00 P.M. Pr.~ASE SI~q ~: 13. 19. 20. / 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 003728