Loading...
HomeMy WebLinkAbout12/12/1996 - Regular Minutes City CouncilMayor LYNN MCILHANEY Mayor Pro Tempore HUB KENNADY City Manager GEORGE K. NOE COLLEGE STATION Council Members BILL FOX LARRY MARIOTT DAVID HICKSON DICK BIRDWELL BRAD MARTIN MINUTES COLLEGE STATION CITY COUNCIL REGULAR MEETING THURSDAY, DECEMBER 12, 1996 7:00 P.M. COUNCILMEMBERS PRESENT: Mayor Mclhaney, Mayor Pro tem Kennady, Councilmembers Hickson, Birdwell, Mariott, Fox, Martin STAFF PRESENT: City Manager Noe, Acting City Attorney Nemcik, City Secretary Hooks, Assistant City Attorney Shively, Director of Development Services Callaway, Director of Economic and Community Services Ash, Policy Analyst McDaniel, Asst. Public Information Manager Holder, Assistant City Manager Brymer, Finance Director Schroeder, Budget Director Cryan, Electrical Superintendent Havens, Water/VVastewater Superintendent Carter, Senior Planner McCully, Division Manager Water/Wastewater Riley Mayor Mcllhaney opened the regular session at 7:00 p.m. Agenda Item No. 1 -- Pledqe of Alleqiance Council and audience members cited the pledge of allegiance. Agenda Item No. 2 -- Invocation Councilman Fox provided the invocation. Agenda Item No. 3 -- Consider request for absence No requests were received for consideration. A.qenda Item No. 4 -- Presentations Community Appearance Award Mayor Mcllhaney presented Tom Kenney of Outback Steakhouse three awards for his commitment to appearance issues throughout the community. Providing Customer Service Excellence Regular 12/12/96 Page 2 Accreditation Certificate Mayor Mcllhaney and employees of the Electric Utilities Division were presented with a certificate of accreditation by Jesse Watson from the Municipal Electric Safety Accreditation program in conjunction with the Texas Engineering Extension Service. Environmental Excellence Award TNRCC Commissioner John Baker presented the City of College Station with the EPA Environmental Excellence Award. A.qenda Item No. 5 -- Statutory A~enda 5a. Approved request for purchase of one rough terrain forklift for the public utilities warehouse as budgeted and approved in the FY 1996-97 Electric Utility Fund. Awarded to Carruth-Doggett of Bryan as Iow bidder meeting specifications, total expenditure $33,834. 5b. Approved request for purchase of one 1/2 ton 4 wheel drive pickup for the Brazos Valley Solid Waste Management Agency landfill. Approved and budgeted in FY 1996-97 BVSWMA fund. Awarded to Orange Ford, Orange, Texas through Houston Galveston Area Council as Iow bidder in the amount of $22,726.86. Items approved by common consent. A.qenda Item No. 6 -- Consent Aqenda Items 6b and 6i were removed for separate consideration. 6a. Approved minutes for Council Special meeting of November 19, 1996 and Regular Meeting of November 20, 1996. 6b. Councilman Birdwell made a motion to approve contract with Klotz and Associates of Houston for design and construction assistance for the College Station Bike Loop with the proviso that staff will negotiate a reduction in the percent adder for pass through cost. Mayor Pro tem Kennady seconded the motion which carried by unanimous vote. 6c. Approved flexible benefit expense account program saving the city and employees $63,561 in FY 1996 taxes. Regular 12/12/96 Page 3 6d. Approved insurance rate proposals for self insured health plan stop loss coverage, life ad&d, long term disability and third party administration and also the renewal contract with Interface EAP and Managed Care Providers in the amount of $335,478. 6e. Approved real estate contract authorizing Mayor, City Manager, and City Attorney to acquire by purchase a 0.0543 acre tract and a 0.0069 acre tract in the Richard Carter League for use as a public utility easement as a result of the Texas Avenue widening. 6f. Approved resolution authorizing the Mayor, City Manager, and City Attorney to acquire by purchase or condemnation a 0.0115 acre tract in the Richard Carter League for use as public utility easement as a result of the Texas Avenue widening. 6g. Approved a contract with Strategy 7 to sell public safety software developed by city's MIS staff. 6h. Approved one option relocation program construction contract developed and bid by the Community Development office with Orion Construction for the construction of a home at 116 Richards for $44,690. 6i. Councilman Hickson made a motion to approve an amendment to the development agreement with LaCour Investments and SCC Development, Ltd. Councilman Mariott seconded the motion. Councilman Birdwell stated his opposition to the motion because the developer should be required to construct sidewalks and the trade in lieu of a price reduction in right of way acquisition was not appropriate. Motion carried by a vote of 5-2, Councilman Birdwell and Martin voted in opposition. This item was discussed at the workshop meeting. 6j. Approved authorization for City Manager to enter into an agreement with Brazos Valley Development Council and to provide up to $50,000 as a match for state grant funds and participation with the other cities and counties in a revolving loan fund for economic development and authorize a contingency transfer. Items 6a, 6c, 6d, 6e, 6f, 6g, 6h, and 6j were approved by common consent. Regular 12/12/96 Page 4 ReRular A.qenda A.qenda Item No. 7a -- Public hearinq and consider an ordinance of a city initiated rezoninq of 2.5 acres located in the northwest quadrant of the intersection of FM 2818 and Raymond Stotzer Parkway described as Tract 1.1 of the J.H. Jones Survey Abstract 148 from A-O Aqricultural Open to M-1 Planned Industrial (96-119) Staff Planner Sabine McCully explained the city initiated request. Mayor Mcllhaney opened the public hearing. No one spoke. She closed the public hearing. Councilman Mariott made a motion to approve Ordinance No. 2225. The motion was seconded by Councilman Fox which carried by unanimous vote, 7-0. ARenda Item No. 7b -- Public hearinq and consider application for oil and .qas operations permit for Smith-Mohawk Unit Well No. 1 as requested by Union Pacific Resources Company of Fort Worth, Texas. City Manager Noe summarized the application request. Mayor Mcllhaney opened the public hearing. Ernest Bruchez of 4342 Carter Creek Parkway came forward on behalf of Union Pacific Resources to request council approval of this application. Councilman Fox inquired about the noise and lighting associated with the drilling site and whether residents had someone to voice concerns. Mr. Bruchez replied that a Union Pacific representative is on site for assistance to neighbors. Mayor Mcllhaney indicated that a letter of concern regarding the noise and lights was received by Ramona McNeal, a resident at 1505 Saddle Lane. Mayor Mcllhaney closed the public hearing. Councilman Hickson made a motion to approve the permit. The motion was seconded by Councilman Mariott which carried unanimously, 7-0. A.qenda Item No. 7c -- Public hearinq and consider amendinq Ordinance 1638 to add a parkin.q lot pavement standard for concrete, and to add a definition for non public "all weather" drive surfaces. City Manager Noe summarized the item. Regular 12/12/96 Page 5 Mayor Mcllhaney opened the public hearing. public hearing. No one spoke. She closed the Councilman Fox made a motion to approve Ordinance No. 2226. The motion was seconded by Councilman Martin which carried unanimously, 7-0. A.qenda Item No. 7d -- Consider amendments to the "release" clause in the city's standard form of aqreement for construction projects. City Manager Noe explained the item. Mayor Mcllhaney opened the floor for public comment. Weldon Jordan of 10 Vista Lane in College Station addressed the Council. Mr. Jordan noted that he received a letter from his insurance company which indicated that his company had coverage for a release clause. However, other statements in the letter, which he announced, were contradictory. Mr. Jordan pointed out that TAMU does not have a release clause. Their contracts include a responsibility for damage or a hold harmless clause, and a comparative indemnity clause. He stated his concern related to the inclusion of a release clause in addition to a comparative indemnity clause. If council wishes to include the release clause, he requested the interpretation by the staff as written in the packet documentation be included in the release clause provision of the contract with regard to the following: "...the contractor is permitted to sue the city for reimbursement in the event that the city's negligence caused an injury to a 3rd party..." Mr. Jordan concluded by requesting that the release clause be omitted and in lieu of the release clause, require the contractor to purchase an owner's protective liability insurance policy. Councilman Birdwell expressed his appreciation to Mr. Jordan and other contractors who have taken the time to work with staff on this issue. Matt Klonkert of 8413 Shadow Oaks approached the council. As a contractor, he noted conflict with the release clause and the comparative indemnity clause. He encouraged further research in these issues. Councilmembers asked questions to staff about the owner's protective liability insurance. Attorney Nemcik stated that the city requires all contractors to place the city as an additional insured on their contract. Regular 12/12/96 Page 6 Councilman Hickson made a motion to approve the release clause identified as the "hybrid" or intermediate release clause proposed by legal staff, in order to allow contractor's to send this information to their insurance companies and return to the council in ninety days. The motion was seconded by Councilman Birdwell which carried by a unanimous vote of 7-0. Councilman Birdwell suggested staff look at a proposal for the city furnishing contractor's insurance. City Manager Noe replied that the staff will research and return in ninety days. A.qenda Item No. 7e -- Approval of real estate contract between Texadelphia Sandwiches and Sports, Inc. for property located at 201 Colle.qe Main, 321 Patricia, and 317-319 Patricia. City Manager Noe summarized the item. Staff recommended approval of the agreement. Robert Forrest of 109 College Main, owner of Sarge's in Northgate, addressed the council about the parking problems in Northgate. He noted that the proposed parking lot does not add additional parking places and he is concerned that Texadelphia will bring in additional traffic. George Sopasakis of 301 Patricia and owner of Burger Boy addressed the council. He expressed concern about the lack of protection for citizens and businesses in Northgate. In addition, he expressed disappointment about the relocation process. William Steele of 1567 White Creeks Lane, an attorney representing Elmo Neal, former property owner of 317-319 Patricia, addressed potential concerns and questions that arise from the proposed sale of this property in that it may have a legal effect on the condemnation proceeding initiated against Mr. Neal. He further summarized proceedings with Mr. Neal. property. the circumstances regarding the condemnation Mr. Steele questioned the city's intent for use of the Mayor Pro rem Kennady made a motion to approve the real estate contract with Texadelphia Sandwiches, Inc. The motion was seconded by Councilman Hickson. Regular 12/12/96 Page 7 Councilmember Birdwell inquired about the purchase of this property by the City. He noted that he supported this sale previously because he was informed it was acquired without condemnation. He is opposed to the sale of property acquired by condemnation within one year. City Attorney Nemcik explained that this property was obtained by condemnation. However, the Council adopted the Northgate Revitalization Plan and has declared the entire area a revitalization project which is a public purpose. Ms. Nemcik further advised that the Council, in its anticipation that the property would be used for parking, does not necessarily invalidate the public purpose requirement, provided that the sale of property furthers a public purpose for the redevelopment of the area. Councilman Birdwell made a motion to delay consideration of this item until the next regular meeting. The motion was seconded by Councilman Martin which failed by a vote, 3-4. FOR: Birdwell, Martin, and Mcllhaney AGAINST: Hickson, Kennady, Fox, Mariott The motion to approve the sale carried by a vote of 5-2. FOR: Mcllhaney, Mariott, Fox, Kennady, Hickson AGAINST: Birdwell, Martin Aqenda Item No. 7f -- Consider ordinance authorizinq the issuance of ~9,730,000 City of College Station Utility System Revenue and Refundin.q Bonds, Series 1997; execution of a pavinq aqent/re.qistrar aqreement; anH approvin.q all other matters related to issuance of the bonds~ includin? immediate effectiveness. Financial Advisor Drew Masterson of First Southwest explained the marketing strategy used for the issuance of these bonds and the presentation of the desired interest rates. Paul Martin, legal bond counselor, came forward to present the ordinances to enact the execution of the issuance. Mayor Pro tem Kennady moved approval of Ordinance No. 2227 authorizing the issuance of $10,110,000 utility revenue bonds. The motion was seconded by Councilman Hickson which carried unanimously, 7-0 Regular 12/12/96 Page 8 A~enda Item No. 7.q -- Consider ordinance authorizinq the issuance of $10,885,000 .qeneral obliqation and refundinq bonds, series 1997- execution of a pavin~ a~ent/re.qistrar aqreement; and approvin~ all matter= related to issuance of bonds, indul.qinR immediate effectiveness Mayor Pro tem Kennady moved approval of Ordinance No. 2228 authorizing the issuance of $11,845,000 of general obligation and refunding bonds. The motion was seconded by Councilman Fox which carried by a unanimous vote, 7-0. A.qenda Item No. 7h -- Consider an economic development aqreement with Beach Mold and Tool to locate a facility at the Business Center at Colleqe Station. Mr. Noe summarized this item and staff recommended approval. Elrey Ash noted a clerical change to the agreement which should read 4.0 percent in the abatement formula shown on page 6. Councilman Hickson made a motion to approve the economic development agreement with Beach Mold and Tool with the clerical change as presented by staff. The motion was seconded by Councilman Fox which carried unanimously, 7-0. A.qenda Item No. 7i -- Consider contract to transfer ownership of 14.23 acres of land with an option for an additional five acres to the Bryan/Colle.qe Station Economic Development Corporation. Councilman Hickson made a motion to approve the transfer of ownership to the B/CS Economic Development Corporation. The motion was seconded by Councilman Fox which carried unanimously, 7-0. ARenda Item No. 7j -- Hear Visitors No one spoke. A.qenda Item No. 7k -- Final action on executive session, if necessary Councilmembers returned to executive session at 8:40 p.m. Councilmembers reconvened into open session at 9:32 p.m. No action was taken. Regular 12/12/96 Page 9 A.qenda Item No. 71 -- Adjourn Councilman Mariott moved to adjourn the workshop and executive sessions. The motion was seconded by Councilman Martin which carried 7-0. Councilman Fox moved to adjourn the regular session. The motion was seconded by Councilman Hickson which carried 7-0. PASSED AND APPROVED this 9th day of January, 1997. City Secretary Connie Hooks APPROVED: Mayor Pro tem Hub 1~9nnady GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, DECEMBER 12, 1996 7:00 P.M.