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Home My WebLink AboutMinutes_ /esq. 1.~ , `~~ CITY COUNCII, REGULAR MEETING WEDNESDAY, JULY 22, 1992 4.00 P.M. COUNCII.MEMBERS PRESENT: Mayor Ringer, Councilmembers Schneider, Brown, Crouch, Gardner, Kennady COUNCIL.IV(F.MI3ERS ABSENT: Councilman McIlhaney STAFF PRESENT: City Manager .Ragland, .City Secretary Hooks, City Attorney Locke, Public Information Officer Calliham, Executive Director Management Services Piwonka, Assistant City Manager Woody, Assistant City Manager Brymer Agenda .Item. No. 1 - `Si~nin of a Proclamation desi~g.the .week of Jult CS Police Sargeant Craig Anderson and police officers from the City of Bryan .accepted the proclamation signed by Mayor Ringer. Agenda .Item No. 2 -CONSENT AGENDA. (2.1) Approval of minutes `for. the workshop meeting, July $, 1992 and regular meeting, July 9, >1992. ~2.2) Approval of an amendment to College Station Policies and Procedures ection 1 F.13 C.3. covering educational incentive .pay. (2.3) Approval of Milsolft Bngineering Software package for Public Utilities, .Electric Division, total.: expenditure $13,000. Funds available in FY 1991-92 Utility Fund. Staff recommends. award to McCord Engineering.. {2.4~ .Approval of miscellaneous engineering. services not to exceed. $30,000 from Mc ord Engineering for the installation and implementation of the SCADA System. Funding available. in Capital Improvement Budget. ~2.5) Consideration of an ordinance, amending Chapter 10, Section 2C of the ode of Ordinances regarding four-way stop sign intersections. This includes the addition of a four way. stop sign at .Rio Grande and Deacon Drive, (Ordinance No. 1967). City Attorney Locke explained. that Mr. Joe .Fontana, the. owner of Shanghai restaurant in the' College Hills Estates Shopping Village requested abandonment of this alleyway.- The Project Review Committee reviewed this request and ,-~-, '; Council .Regular Meeting Page 2 Thursday, July 22, 1992 recommended denial. She pointed out .that this alleyway is utilized by delivery trucks. and sanitation trucks. Ms. Locke presented slides of the property. Mitch Morehead, general manager for Acme_ Glass came forward to express his objection to this request. Councilman Brown moved to deny the request for abandonment of a portion of the alleyway located behind the College Hills Estates Shopping Village. The motion was seconded by Councilman Crouch which ,carried .unanimously, b-0. Agenda' Item No. 4 -Presentation of Employee Energy Conserti-ation Partnership Assistant Director of :Management Services Charlie Shear presented an update of the projects conducted by the Energy Conservation Partnership Teams and future plans for energy-savings. Mayor Ringer and the Council commended the staff for their efforts. Asrenda Item No. 5 -Hear Visitors. No one spoke. .Agenda item No. 6 -Closed session to receive staff report [62517 2)tr) 6.1 Staff Report a. Legal Report The council convened into closed session at 4:20 p.m. Agenda Item. No. 7 -Action on `closed session. The council reconvened into open: session at' 4:35 p.m. No action taken. Agenda Item No. 8 -Adjourn. Mayor Ringer adjourned the meeting at 4:35 p.m. APPROVED: Mayor.: Pro-tem-Fred. Brown ATTEST: ity Secretary nnie Hooks ~ l ':~ NQKVT>`s CTTY COUNCII, REGULAR MEETING Z~iURSDAY, AUGUST 13, 1992 7:00 PM. COIJIVCILMENiBERS PRESENT: Mayor Pro-tem Brown, Councilmembers Gardner, Crouch, McIlhaney, Schneider, Kennady COIJNCII.MEMBERS ABSENT' Mayor Ringer STAFF. PRESENT: City Manager Ragland, Assistant City Manager Brymer, Executive Director Management Services Piwonka, Executive Director Fiscal Human Resources Schroeder, PARD Director Beachy, Forestry Superintendent Albrecht, City. Attorney Locke, City Secretary Hooks, Public. Information Officer Calliham VISITORS PRESENT: See guest register A~?enda Item No l - Signing of a proclamation designating the .week of September 17- 23, 1992 as "Constitution Week" in College Statton. Ms. Mary Beli was not present at this time to accept the proclamation read by Mayor Pro-tem Brown. He continued the meeting. Agenda Item No 2 -CONSENT AGENDA. (Z.l) Approval of minutes for-the. Workshop Meeting, July 16, 1992, regular meeting, July 22, 1992, and Budget Workshop Minutes June 30, 1992. (2.2) Approval to increase the distnbution of BVSWMA retained earnings to the respective sanitation collection. systems. (2.3) Consideration of a resolution authorizing the Mayor to execute. a contract with TexDot for the maintenance of illumination to be installed as a part of TexDot project C 506-1-42 FM 60 .widening. (2.4) Consideration for approval of 1992-93 CDBG final statement and resolution authorizing the Mayor to execute documents regarding its submission to HUD; and authorization for .allocation of remaining :1991-92 CDBG funds. (2.5) Consideration far approval of Community Development projects requiring council approval are: Contracts were let for more than $10,000. (2.6) Consideration of a final :amending plat -Lot 5, Block V University .Park Section II and all of Block D of University Park .Section T. Councilman .Crouch removed Agenda Item No. 2.2. The remaining items were .approved by common consent.. Charles Cryan explained that the BVSWIVIA Board recommended the distribution of $600,000 from. retained .earnings to Bryan and College Station municipal sanitation collection systems. Included in the budget is $502,05$. The council is asked #o approve an additional $100,000. Councilman Crouch asked if this money could be utilized toward land purchase of a ,_, T } City Council Regular Meeting Page. 2 Thursday, August 13, 1992 future landfill. Mr. Cryan replied that both collection services need operating funds at this time: Mr. Ragland :mentioned that a study is being .conducted for future landfill needs. Councilman Crouch moved approval of an additional $50,000 of retained earnings to be distributed to .each city for a total of an additional $100,000. The motion was seconded by Councilman Kennedy which carried unanimously, 6-0. City Attorney Locke explained .that the applicant was notified incorrectly of .the. last council. meeting time; therefore, she has brought this issue back to the council to give Mr. Fontana the opportunity to state..his -case. She showed. slides of the alleyway and its proximity to other businesses. Mr. Joe Fontana, 1216 Munson; addressed the Council. He indicated that this alleyway has been a problem for a number of years and is now .out of control. He stated liability concerns because the. alleyway is on his,. property. It has also become a nuisance. Bland Ellen, CS Fire Marshall stated that the alleyway would be the only access for fire trucks to provide emergency'services to these businesses. Mitch Morehead of Acme Glass, 2605 Arbor Drive, Bryan addressed the Council. He stated his opposition to the closing of the aheyway. Lawrence Carter, Public Utilities Dept. stated that the .city. needs the alleyway for access to perform maintenance. or repair services to the sewer. or water lines. Councilman McIlhaney made a` motion to delay action on this item and ask staff to work with 1VIr. Fontana and other business owners to seek a compromise: Councilman Gardner seconded the motion. Discussion was held on the motion. City Attorney Locke noted that it is staff's position that there is an ..implied dedication and public use overa number of years. The. motion was defeated. by a vote of 2-4. FOR: Councilmembers McIlhaney. and Gardner AGAINST: Mayor Pro-tem Brown, Kennedy, Schneider, .Crouch: Agenda Item No 4 -Public Convnents and :consideration of land use & Thoroughifare .Senior Planner Jane Kee. described this item. At the meeting of April 22nd, the Council consented to accept the revised land. use .plan recommended by the. Council Development Policies Subcommittee:.. The property owners were .notified at the direction of the Council and several were present to speak on this .issue. ~~`~~ City Council Regular Meeting Page 3 Thursday, August 13, .1992 Ms. Kee reported the recommendations included in the subcommittee's conceptual land use plan. Culley Lipsey, 1021. University Drive East addressed the Council. He represented Martin Hsieh, owner of property which is .proposed to change to low density residential. He objected to the low density residential classification. Mr. Lipsey requested that the council table action. on this request to allow his client and the Mile Dnve property owners to reach. a compromise. Clint Bertrand, 120 Millers Lane addressed the Council. He expressed concerns on the possible land use changes on Miller Lane, Morgan Lane, .and the 2818 extension area. He hoped to work with.'the. Council on these issues. Gail Griffin, 108 Mile Drive addressed the Council. She emphasized that the residents of Mile Drive do nat want anything else. but R-1 in their immediate a.ea. They concurred withtheproposed plan. Al Borrnann, Jr. 113 Mile Drive came forward and stated that he is in favor of iow density use for Mile Drive. Dan Williams, 1118 Millers Lane came forward to express his support of the plan. Henry. Etta Madison; 780.1 Keswick Drive, Austin came forward..: She owns property along the Bypass north on Krenek .Tap Road. She asked the council. to reconsider changing the property from high density residential to commercial. John Jordan, .117 Millers Lane came forward to express his support. of the plan. Councilman :Kennady hoped the council will allow time for Mr. Hseih to work with the Mile Drive property. owners. Councilman McIlhaney pointed out that Mr. Hseih property is currently residential Councilman Crouch made a motion to table the .adoption of this plan. until we look at the entire: land use plan -for the :city. Councilman Kennady seconded the motion. The motion failed'by a vote of 2-4. FOR: Councilmembers Kennady and Crouch AGAINST: Mayor Pro-tem Brown; Councilmembers Schneider, Mcllhaney, Gardner Councilman IVIcIlhaney made a .motion to adopt the subcommittee proposed plan to be clearly identified as a conceptual'pian. The motion was seconded by Councilman Schneider which carried. unanimously, b-0. Mayor Pro-tem Brown .presented the proclamation to Mary Bell for Constitution V~eek. City Engineer David Pullen explained that this oil well. is to be located in the Raintree/Emerald Forest area near the intersection of .Bee Creek and. Carter Creels. City Council. Regular Meeting Page 4 Thursday, August 13, 1992 Staff recommended the following: 1 Access to the site. be restricted to the Sewer Plant .Road. 2~ A bond of $25,000 be posted to assure .prompt repair of damages which may occur to the access road. 3) Equipment used in the exploration and production of well be .similar to the operating wells of Swoboda Well #i and Raintree #1. 4) Engage .consultant. from the previous wells to review that study and make specific recommendations .regarding this application. 5) Surface casing be set to a depth. of 2250 feet.. Mr. Pullen indicated that the impact study is complete and is scheduled for review with the homeowner's .association nn August. 21st. Mayor Pro-tem Brown opened the .public hearing. Ernest Bruchez, attorney representing the .petroleum company spoke on behalf of the application. Mr. Bruchez presented. slides and overhead visuals. He emphasized that the oil company will not utilize Sebesta Road as an alternate access: to the site. Mr. Bruchez requestedcouncil's approval of the permit. Cindy Wolfe, .2200 Bent Oak, addressed the Council. She expressed concern about Sebesta Road serving as asecondary-access road. She presented.. photos of her backyard abutting Mr. Wolter's property and Mr. Fletcher's property. Other concerns expressed related to `the standing water on Mr. Wolter's property... She asked the council to look at the floodplains and creeks in the area in reviewing the impact study. She added that she is not opposed to the well. Gary Thompson, 9212 Shadowcrest, spoke to the Council.. He commented that Omni Petroleum is a reputable drilling company.. Mr. Dick Fletcher, 9007 Sandstone stated that he was not notified of he hearing. His concern is the floodplain in this area. Mayor Pro-tem Brown closed the public hearing.:. Agenda Item No 6 -Consideration of an application for oil and as operations permit Councilman_Schneider moved approval of the oil and gas permit to Omni Petroleum Corp. for Wolters Unit Weil. #1 for a horizontalwell.. The .motion was seconded by Councilman Kennady. Councilman Crouch. made an amended motion to approve .the permit to include the staff. recommendations with the deletion of Item E, and to include any recommendations from the impact study recently completed. Councilman Gardner: seconded the .motion which. carried by a vote of 5-0, Councilman McIlhaney abstained.. Councilman Brown read the staff recommendations for the public. City Council Regular Meeting Thursday, August 13, 1992 ¢~. ~\ Page 5 Senior Planner Kee stated that the a request. was. received. from Page, Southerland, Page, architects for Scott & White Clinic to review the.. City's parking requirements for medical clinics. An ordinance amendment was requested for a parking requirement based on size of clinic. Staff and. Planning and Zoning Commission recommended approval of the. ordinance amendment. Mayor Pro-tem. Brown: apened the .public hearing. Ms. Dawn Suehs, 1719 Dillon in Bryan, addressed the Council She is office manager for the Rosewood Psychiatric Building and asked if .this ordinance would apply to existing businesses. Mr. Brown .replied that it pertains .only to expanding.: or new. clinics. Mayor.Pro-tem Brown closed the public hearing. Acrantja Ttam Nn R - ('nnciclPratinn of an nrdinatice amending the ZOIling Ordlnan~ relative to parlcing requirements for medical and dental clinics. Councilman Crouch moved approval of Ordinance No. 1968. The .motion was seconded by Councilman Gardner which carried unanimously, 6-0. Agenda item No. 9 -=A :public hearing on the second reading? of an ordinance granting as .. • n .. A TN 7 ! • 1 TT . 1 - Cheryl Rayner explained that the application fee was calculated as $SSOAO and the yearly: franchise fee of $1.00 for each telephone and computer connection. Discussion was held on the `amount"of the yearly franchise fee. Mayor Pro-tem Brown opened the public. hearing.. No one spoke. Mayor Pro-tem Brown closed the public hearing. Agenda Item No 10 -Consideration of the second reading of the ordinance granting a franchise to Scott & White Memorial Hospital Councilman Schneider moved approval of -the second reading of the ordinance to grant the franchise to Scott & White Memorial Hospital. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. Forestry Superintendent Ross Albrecht addressed this item. He explained. that the proposed ordinance amends the current ordinance with changes. in the insurance requirement and requires services performed on the cemetery property to meet the licensing requirement, such as installment of outside containers and etting monuments. Councilman Schneider asked if the. Cemetery Committee reviewed the ordinance. Mr. >7 City Council Regular Meeting Page 6 Thursday, August 13, .1992 Albrecht responded that he did not review .this ordinance with the committee. .Rocky Choate, owner of .Choate .Memorial Company in Bryan addressed the Council on several .issues. of this proposed ordinance. For instance, the licensing procedure is not necessary since the Cemetery .Sexton approves the monuments. which are placed in the cemetery. He also stated that the proposed. insurance liability standards are excessive for the type of equipment that is used. Mr, Choate expressed several additional concerns. Councilman Schneider made a motion to table the ordinance and send to the Cemetery Committee for'commttee review and place on .the second. council .meeting agenda in September, and adding a public hearing to the agenda. .Councilman Crouch seconded the motion. which carried unanimously, 6-0. Mark Wolff -asked Ross to mail a similar letter as ..before to all interested parties. '.~[-Ie also questioned the enforcement of this ordinance.. Agenda Item No 12 -Third reading and public hearing for an ordinance granting City Attorney Locke. mentioned that this is the.. final reading an the ordinance.: Mayor Pro-tem Brown opened the public hearing. No :one spoke. Mayor Pro-tem Brown closed the public hearing:. Ac~nr~a TtPm Nn 1~ _ ("nnci~eratinn of the third reading ~f the ordinance. ~ran~ Councilman Kennady moved approval of the third reading. of Ordinance No. 1969 granting a pipeline franchise to Aquila Southwest Pipeline Corporation. The motion was seconded by Councilman Crouch which carried by a vote of 5-0, Councilman McIlhaney abstained. Agenda item No. 14 -Hear Visitors. Charlene. Britton, 122 Southland, approached the Council... She notified the council of the improvements needed on Southland .Street. She presented a petition to the Council regarding the problems associated with the creek off Southland street. a. Legal Report .(15.2) Land Acquisition a. Parkland b. Right-of-way (15.3) Pending Litigation a. Tony Johnson The council moved into closed session at 9:45 p.m. i City Council. Regular Meeting Page 7 Thursday, August 13, 1992 " Agenda Item No. 16 -Action on closed session. The council moved back into open session at 10:50 p.m. Councilman Crouch moved to authorize staff to consummate .the agreement on the RTC property bid previously. The motion was .seconded by Councilman Kennady which carried by a vote of 5-1, Councilman. Gardner.voting against. 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