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HomeMy WebLinkAbout08/24/1995 - Regular Minutes City CouncilMayor LARRY Mayor ProTem LYNN MCILHANEY City Manager GEORGE IC NOE COLLEGE STATION Council Members BILL FOX HUB KENNADY LARRY MARIOTT DAVID HICKSON NANCY CROUCH MINUTES CITY COUNCIL REGULAR MEETING COLLEGE STATION CITY COUNCIL THURSDAY, AUGUST 24, 1995 COLLEGE STATION CITY HALL 7:00 P.M. COUNCILMEMBERS PRESENT:Mayor Ringer, Mayor Protem Mcllhaney, Councilmembers Kennady, Hickson, Mariott, Fox COUNCILMEMBERS ABSENT: Councilmember Crouch STAFF PRESENT: City Manager Noe, City Secretary Hooks, City Attorney Locke, Executive Director of Fiscal/Human Resources Schroeder, Director of Development Services Ash, Public Information, Officer Calliham, Finance Director Cryan VISITORS PRESENT: Refer to guest register. Mayor Ringer announced the closing time of 7:00 p.m. for receipt of bids on the sale of general obligation bonds and utility revenue bonds. Proclamation -- Constitution Week, September 17-23 Helen Cluck accepted the proclamation signed by Mayor Ringer. CONSENT AGENDA (C-1) Approved Council meeting minutes for the Workshop meeting of August 9, 1995 and Regular meeting of August 10, 1995. City of College Station Providing C~tstmner Service Excellence City Council Regular Meeting Thursday, August 24, 1995 Page 2 (C-2) Called a public hearing on proposed budget amendment (8) for September 14, 1995 council meeting to authorize appropriation of $550,000 for the purchase of land associated with redevelopment in the Northgate area. Funds available from Hotel/Motel Fund Balance ($300,000) and through an interfund from the Electric Fund ($250,000) to be repaid from revenues of the Hotel/Motel Fund at the rate of approximately $57,500 per year for 5 years. (C-3) Approved Ordinance No. 2140 amending Chapter 10, Section 2-D of the College Station Code of Ordinances regarding special hazards intersections controlled by stop signs. Locations are Pebble Creek Subdivision and College Station Business Park. Councilman Fox moved approval of the ordinance. Mayor Protem Mcllhaney seconded the motion. Motion carried 5-0, Councilman Kennady abstained. (C-4) Approved final plat (ETJ replat) for 28.1 acres of Rainbow Acres 2nd installment, Lots 17-2, 1702, 17-3, and 17-4, Block 7 (95-224). (C-5) Approved final plat (ETJ plat) for 19.02 acres divided into 12 lots, Nantucket Phase Five (95-225). (C-6) Approved interlocal assistance contract between the Texas Natural Resource Conservation Commission and Brazos Valley Solid Waste Management Agency relative to a household hazardous waste collection grant in the amount of $88,855. BVSVVMA unanimously recommended approval. REGULAR AGENDA A.qenda Item No. R-I -- Public hearin.q on the City of Colle,qe Station FY 1995-96 proposed budqet. Mayor Ringer opened the public hearing. No one came forward to speak. Mayor Ringer closed the public hearing. Agenda Item No. R-2 -- Discussion and take record vote by the City Council on the proposed FY 96 ad valorem tax rate. Councilman Kennady made a motion to set the ad valorem tax rate at $0.4229 per $100 valuation. Councilman Mariott seconded the motion. City Council Regular Meeting Thursday, August 24, 1995 Page 3 Councilman Kennady referred to previous council meetings in which discussion was held on the staff's proposed budget cuts in the amount of $500,000. As he recalled, the council did not accept the staff's recommendations. Mr. Kennady offered his opinion to justify the motion. Following council's deliberation, a vote was taken on the motion. The motion failed by a vote of 2-4. FOR: Councilmembers Kennady, Mariott AGAINST: Mayor Ringer, Mayor Protem Mcllhaney, Councilmembers Hickson, Fox ABSENT: Councilmembers Crouch Councilman Hickson made the motion to set the ad valorem tax rate at $0.445 per $100 valuation and designate a public hearing to be scheduled for the meeting of September 14th. Councilman Fox seconded the motion. Motion carried, 4-2. FOR: Mayor Ringer, Mayor Protein Mcllhaney, Councilmembers Hickson, Fox AGAINST: Councilmembers Kennady, Mariott ABSENT: Councilmember Crouch A.qenda Item No. R-3 -- Consideration of an ordinance authorizing the issuance of $4,700,000 City of Colle.cle Station General Obligation Bonds, Series 1995, and approvin.q and authorizing instruments, documents and procedures related thereto, including immediate effectiveness. Executive Director of Fiscal/Human Resources explained this item. Financial Advisor David Fetzer opened the sealed bids. Councilman Mariott moved approval of Ordinance No. 2141 authorizing the issuance of $4,700,000 City of College Station general obligation bonds, Series 1995, to Merrill Lynch, approving and authorizing instruments, documents, and procedures related thereto, including immediate effectiveness. Councilman Kennady seconded the motion which carried unanimously, 6-0. A.qenda Item No. R-4 -- Consideration of an ordinance authorizinQ the issuance of $6,000,000 City of Colle.qe Station Utility System Revenue Bonds, Series 1995; and execution of a r)avinQ a;ent/re;istrar a;reement; and approvin.q all other matters related to issuance of the bonds, includin; immediate effectiveness. City Council Regular Meeting Thursday, August 24, 1995 Page 4 Councilman Kennady moved approval of Ordinance No. 2142 authorizing the issuance of $6,000,000 Utility System Revenue Bonds, Series 1995 to Merrill Lynch. Councilman Mariott seconded the motion which carried unanimously, 6-0. A.qenda Item No. R-5 -- Consideration of an ordinance authorizin.q the issuance of $2,015,000 City of College Station public property contractual obligations, and other matters in connection herewith. Councilman Hickson moved approval of Ordinance No. 2143 authorizing the issuance of $2,025,000 public property contractual obligations to First Interstate Bank with the fixed interest rate over the five year payback of the contractual obligations, at 5.3 percent. Councilman Fox seconded the motion. Councilman Kennady made a motion to remove from this year's budget, funding for the 800 MHz, and place in next year's budget. The motion was seconded by Councilman Mariott. The motion was defeated, 2-4. FOR: Councilmembers Kennady and Mariott AGAINST: Mayor Ringer, Mayor Protem Mcllhaney, Councilmembers Fox, Hickson The original motion carried by a vote of 4-2. FOR: Mayor Ringer, Mayor Protem Mcllhaney, Councilmembers Fox, Hickson AGAINST: Councilmembers Mariott and Kennady Mr. Schroeder thanked Paul Martin, David Fetzer, Moss Fetzer for their assistance during this debt issuance process. Mr. Fetzer commented on the bond rating presentation recently made in New York. A.qenda Item No. R-6 -- Approval of second reading of an ordinance .qrantin.q a five year curbside recycling collection franchise to Texas Commercial Waste, Inc. Annual cost of recycling franchise, $210,000. Councilman Fox moved approval of the second reading of the franchise ordinance. Councilman Hickson seconded the motion which carried by a vote of 5-1, Councilman Kennady voted against. City Council Regular Meeting Thursday, August 24, 1995 Page 5 A.clenda Item No. R-7 -- Consideration of a resolution authorizin.q the Mayor, City Manager and City Attorney to acquire a 0.0190 acre tract in the Mor_~an Rector Lea.clue for use as a cross access. Senior Assistant City Attorney Roxanne Nemcik explained that the council's decision will be based on whether or not to authorize staff to acquire this property which inter connects Post Oak Square and Post Oak Mall. Two resolutions were prepared, one of which is the authorization to proceed with negotiations to acquire the property by purchase, and a second resolution refers to condemnation of the property. The council's third option is not to acquire the cross access. Transportation Planner Edwin Hard came forward to answer questions of the Council. Questions related to traffic accidents along Highway 30 at the intersections of Post Oak Mall and Post Oak Square. Chuck Ellison, attorney representing Post Oak Mall addressed the Council. He raised the point that the traffic study performed by Mr. Bernstein recorded 42-45 accidents occurred due to left turn onto Highway 30. He debated the city's insignificant use of power to condemn private property in this case. Bill Silvis, General Manager of Post Oak Mall, approached the podium. He expressed strong opposition to the city's option to condemn the property. Marianne Oprisko provided suggestions to the traffic problem on Highway 30. Larry Wells of Municipal Development Group reminded the City Council that this process began two years at the direction of Council when the replat for Post Oak Square was considered. Andy Bernstein, Post Oak Square Management Inc. addressed the Council. He pointed out that the major concern is the safety of the customers. Greg Taggart of Municipal Development Group, reiterated the points raised by Mr. Wells and Mr. Bernstein. The purpose of council's request for this driveway connection was to remove traffic from Harvey Road and reduce the possibility of accidents. Mr. Taggart clearly stated that the connection would be required per ordinance if the development was built today. Councilman Mariott motioned to disapprove the resolutions presented. The motion was seconded by Kennady. City Council Regular Meeting Thursday, August 24, 1995 Page 6 FOR: Councilmembers Mariott, Kennady AGAINST: Mayor Ringer, Mayor Protem Mcllhaney, Councilmembers Fox, Hickson Councilman Hickson moved to approve the resolution to direct staff to pursue the acquisition of purchase of right of way for the cross access. The motion was seconded by Councilman Fox which carried by 4-2. FOR: Mayor Ringer, Mayor Protem Mcllhaney, Councilmembers Fox, Hickson AGAINST: Councilmembers Mariott, Kennady A.qenda Item No. R-8 -- Reconsideration of the rezonin.q condition requiring cross access between Post Oak Villaqe and Post Oak Square Shopping Centers. Mayor Ringer opened the public hearing. Mr. Bernsten addressed the council. Mayor Ringer closed the public hearing. Councilman Mariott moved to grant the removal of the rezoning condition to become effective upon an approved agreement with Mr. Bernstein for participation in the cross access. Councilman Hickson seconded the motion. The motion carried unanimously, 6-0 A.qenda Item No. R-9 -- Public hearin.q and consideration of a final replat of Lot 4H, Block 15, of Southwood Plaza Phase II subdivision. (95-226) Assistant City Engineer Veronica Morgan explained this item. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilman Mariott moved approval of the final replat of Lot 4H, Block 15 of Southwood Plaza Phase II subdivision. The motion was seconded by Councilman Fox which carried unanimously, 6-0. City Council Regular Meeting Thursday, August 24, 1995 Page 7 Agenda Item No. R-10 --Consideration of a resolution regarding the AmTrak train station lease. Councilman Fox made a motion to approve the resolution terminating the lease agreement with LA Ford due to the suspension of AmTrak service in Bryan/College Station. Councilman Hickson seconded the motion which carried unanimously, 6-0. Agenda Item No. R-11 -- Request by Texas Department of Transportation for additional funds for ROW acquisition on Texas Avenue. Sam Wilson of TxDot addressed the Council to explain the request by TxDot. He clarified the reasons why the bid estimate previously quoted was not correct. District Engineer Lonnie Traweek apologized for the discrepancy. Councilman Mariott moved approval to allocate $38,500 from current bond funds to TxDot for the Texas Avenue Widening project. Councilman Fox seconded the motion which carried unanimously, 6-0. A.qenda Item No. 12 -- Consideration of appointment of Mark Caskey, Division Manager Electric Dispatch as the Bryan representative to the 911 Board of Managers. Councilman Fox moved to appoint Mark Caskey, Division Manager, Electric Dispatch of the City of Bryan as the 911 Representative on the Board of Managers. Councilman Hickson seconded the motion which carried unanimously, 6-0. Agenda Item No. 13 -- Consideration of appointment for Vice Chairman position to the Parks and Recreation Board. Councilman Kennady made a motion to approve the appointment of Robert DeOtte as Vice Chairman of the Parks and Recreation Board. The motion was seconded by Councilman Hickson which carried unanimously, 6-0. Agenda Item No. 14 -- Hear Visitors. Marianne Oprisko, 2475 Barton Road, inquired about the assessment procedure for new drainage infrastructure as well as the construction of cross access mentioned in tonight's proceedings. City Council Regular Meeting Thursday, August 24, 1995 Page 8 Ramiro Galindo, owner of Aerofit, Inc. came forward to express his concerns about the city's intention to operate the Junior High Natatorium after school hours. City Manager Noe and Mayor Ringer urged Mr. Galindo to speak to the School District about his viewpoints on the programs offered at the pool. Nancy Harvey inquired about the city's budget. She asked if the budget covered expenditures to the newly annexed areas. Mayor Ringer remarked that the budget includes these expenditures. Aaenda Item No. 15 -- Adjourn Mayor Ringer adjourned the meeting at 9:32 p.m. City Secretary Connie Rooks APPROVED: GUEST REGISTER REGULAR MEETING OF THE CITY COUNCIL THURSDAYs AUGUST 24 1995 ?:00 P.M. 11. 12. 13. 19. 10. 20.