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HomeMy WebLinkAbout06/09/1994 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 9, 1994 at 7:00 P.M. COUNCILMEMBERS PRESENT: Mayor Ringer, Councilmembers Crouch, Mcllhaney, Hickson, Fox, Mariott, Student Gov't Liaison Jeffcoat COUNCILMEMBERS ~C__ouncilman Kennady ~' STAFF PRESENT,~i~..,.:, ~ .~. ~_:/~=~, ' A"~ ~ry ~'~A '~~~l~ar Raglnt ~l~aSnS~;teaAssistantr Woody,City Manager ~:~.~,~ ,'J;>;~.'..,,'~xe~;D~torP6~;~iscal/Human Resources ~ . -,?;~%-:!~...,;~.:~.'~dch~ ~.~:~.F..,;ldanc~ rector Cryan, Asst. ~;~ {.',., mi.~.~;[~)ire~~nag es Shear, ~!~:-'.::[~;. ~..'.-~.:.-,, ":-~'~'A, dmlJ~.~.~ As~nt Kersten, C~ty ~:~',:~:;:':, "~?~i-i::~;~:.{:~- 8ec~l~~ks/~ Attorney Locke, {, .,~1.~-~ ~'~-..~.~'.~-,~.~.~. . · --~;~--¢ ., ,. . .~...~ ~; .... ~ ~..~.~.,-~ss~ City g~t~y Sexton .~,.':~....;~,, .- , ....... VISITORS PRESENT: ~-<:'!: ?:.,. ~e[er ,to.~.(~st.re~ster Mayor Ringer opened the meeting at 7:00 p.m. Mayor Ringer announced that Agenda Item No. 3 was withdrawn from the agenda at the request of the property owners. This item related to the rezoning request of 3.94 acre between the Latter Day Saint Church and existing duplexes along Welsh Avenue. A;enda Item No. 1 -- Statutory Agenda (1.1) Bid #94-45 - Approved various electric distribution and pad mount transformers, funds budgeted in electric inventory. Total expenditure of $37,576 to lowest bidders. City of College Station Providing Customer Service Excellence City Council Regular Meeting Page 2 Thursday, June 9, 1994 (1.2) Approved purchase of Water/Wastewater Infrastructure Management System Software in the amount of $93,450. Funds available in FY 94-95 Capital Improvements Budget. The statutory items were approved by common consent. A.qenda Item No. 2 -- Consent A.qenda (2.1) Approved minutes for the Workshop Meeting, May 25, 1994, and Regular Meetings, May 26, 1994. (2.2) Approved Pebble Creek Real Estate Contract. (2.3) Approved Amendment No. 2 of the City of College Station Policies Handbook regarding Education/Certification pay. (2.4) Approved revisions to the City of College Station Policies Handbook. (2.5) Approved request to contract services for day to day work on the city's electrical system. Funds allocated from Utility Fund in the amount of $750,000 to Finway, Inc. as Iow bidder. (2.6) Approved request by the College Station Noon Lions Club to waive fees for Police and Fire costs for the Community July 4th celebration at Wolf Pen Creek Amphitheater. (2.7) Approved resolution supporting TAMU Board of Regents' efforts to request a special events center. (2.8) Approved Preliminary ETJ Plat for Spencer's Cove. (94-310) (2.9) Approved Final Plat and Site Plan of the Waterford Apts., in the Troy Subdivision located along the west side of Dartmouth Drive approximately 190 ft. north of the Colgate Drive intersection. (94-216 and 94-504) (2.10) Approved Final Plat for LakeView Acres Revised, Lot 16, located southeast intersection of Morgan's Lane and Texas Avenue. (94-215) (2.11) Approved Final Plats for Emerald Forest Phases 10 and 10A. (94-206 and 94-207) (2.12) Approved Final Plat for Pontalba Subdivision. (94-213) City Council Regular Meeting Thursday, June 9, 1994 Page 3 The staff requested Agenda Item No. 2.13 be removed for clarification. The remaining items were approved by common consent. Item No. 2.13 - Approval of Final Plat for Estates at River Run, an ETJ subdivision. (94-217) Mayor Ringer announced that the applicant that a note be added to the plat. Note was provided to the Council as follows: NOTE TO BUYERS AND TITLE COMPANIES: Easements granted to PRODUCERS GAS COMPANY (recorded in Volume 769, Page 704 and Volume 804, Pages 546, 548, 550, and 553) and having been transferred and assigned by Lear Petroleum Corporation, et al, to Hanover Energy, Inc., by instrument dated September 1, 1988, recorded in Volume 1076, page 305, Official Records of Brazos County, Texas; and transferred and assigned by Hanover Energy, Inc. to Southwestern Gas Pipeline, Inc. by instrument dated February 28, 1989, recorded in Volume 1135, Page 473, Official Records of Brazos County, Texas. These easements are blanket easements of undefined width and location. NO LOT SHALL BE SOLD UNTIL THE DEPICTED RELOCATION OF THE GAS PIPELINE IS COMPLETED AS SHOWN ON THIS PLAT. PURCHASERS OF LOTS 10 AND 16, BLOCK TWO SHALL SATISFY THEMSELVES THAT THIS RELOCATION HAS BEEN SUCCESSFULLY COMPLETED. MUNICIPAL DEVELOPMENT GROUP HAS PREPARED THIS PLAT WITH THE ASSURANCE THAT THE RELOCATION WOULD BE COMPLETE PRIOR TO ANY TITLE TRANSFER AND MAKES NO STATEMENT THAT THE PIPELINE RELOCATION IS COMPLETE.. Councilwoman Mcllhaney made a motion to approve the final plat with the additional note requested by applicant. The motion was seconded by Councilwoman Crouch which carried unanimously, 6-0. Agenda Item No. 3 -- Public hearinq and consideration of a request to rezone a 3.94 acre tract of land located between the Latter Day Saints Church and existin.q development on Welsh from R-1 Sin.qle Family to R-2 Duplex. P&Z recommended denial of request (94-111). As the Mayor stated at the beginning of the meeting, this item was removed by the applicant. No further discussion was held City Council Regular Meeting Thursday, June 9, 1994 Page 4 Agenda Item No. 4 -- Public hearin.q and consideration of second readin,q reQardinQ oroposed franchise a,qreement with Advance Hydrocarbon Corporation for disposal of saltwater throu.qh a pipeline system in the riQht-of-way on Rock Prairie Road. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilwoman Crouch moved approval of the second reading of the franchise agreement. Councilman Hickson seconded the motion which carried unanimously, 6-0. Agenda Item No. $ -- Public hearinq and consideration of an ordinance on Amendment $ to the City of College Station 1993-94 Annual Budget to authorize $189,000 for the purchase of Drooertv associated with Wolf Pen Creek Park. Funds available in Hotel/Motel Fund. Mayor Ringer opened the public hearing. Ron Fulton, President of the local Hotel/Motel Tax Association addressed the Council. He referred to the Texas Tax Code, Subtitle D, Local Hotel Occupancy Taxes and emphasized that the Council violated the provisions of the code by holding this public hearing without proper public notice. Mayor Ringer clarified to Mr. Fulton that this municipality has not violated this law. Jim Gardner, 1214 N. Ridgefield, addressed the City Council. He supported the use of these funds for a parking lot for Wolf Pen Creek Amphitheater. Patricia Burke, 201 Lee, came forward to ask the Council to elaborate on the appropriate use of hotel/motel funds and if this project met the requirements. Assistant City Attorney Mary Margaret Sexton clarified the definition of uses for these funds. Parking facilities associated with these types of facilities, such as amphitheaters are permissible uses of the funds and within the scope of the law. Mr. Robert Fulton returned to the podium. He continued to stress the inappropriate use of the hotel/motel funds for the parking lot. Mayor Ringer disagreed with Mr. Fulton's interpretation of the definitions. Mayor Ringer closed the public hearing. City Council Regular Meeting Thursday, June 9, 1994 Page 5 Mayor Ringer asked the Council to read a letter from Dr. John Crompton regarding this issue. Ms. Sexton from the Legal Department assured the Council that this source of funding is within the intent of the law for municipalities to use toward this particular purpose. She stated that the word amphitheater comes under the definition of coliseum according to Webster's dictionary. Councilwoman Crouch moved approval of Ordinance No. 2069 authorizing the expenditure of $189,000 from Hotel/Motel Funds for the purpose of property associated with Wolf Pen Creek Park. Councilman Mariott seconded the motion which carried unanimously, 6-0. Agenda Item No. 6 -- Strate.qic Issue No. 6, Wolf Pen Creek -- Consideration of a contract to purchase 18 lots on Colgate Avenue in the Wolf Pen Creek Corridor as a part of Phase 1, supporting the amphitheater by providin.q land for the construction of parkin.q lot. Councilwoman Crouch made the motion to approve the contract. The motion was seconded by Councilman Fox which carried unanimously, 6-0. A.qenda Item No. 7 -- Approval of Preliminary Plat of Pebble Creek Phase V. (94-309~ Staff Planner Sabine Kuenzel explained that this item was not placed on the consent agenda because staff requested council direction regarding pedestrian access. She reviewed a previous action by the council regarding an amendment to the subdivision regulations for bikeways and sidewalks. The intent was to provide pedestrian walkways if the cul-de-sac abuts a public facility. The applicant does not prefer pedestrian access through the cul-de-sacs of Putter and Driver Courts. However, it is the council's discretion to require access or allow the variance request from the subdivision regulations. Councilman Mariott addressed the common uses of these access ways within Pebble Creek and Southwood Valley noting the exclusion of fences. Additional council discussion was held. Councilwoman Crouch made a motion to approve the master preliminary plat with the requirement of a pedestrian access to the public facility and leave the discretion of the fence to the developer and homeowner. Councilman Hickson seconded the motion which carried unanimously, 6-0. City Council Regular Meeting Thursday, June 9, 1994 Page 6 Ac~enda Item No. 8 -- Citizen Committee Appointments Councilman Hickson made the motion to reappoint John Anderson for a two year term to the B/CS Economic Development Corporation. Councilwoman Crouch seconded the motion, 6-0. Term shall expire May, 1996. Councilwoman Crouch made the motion to appoint Sara Jones as Chairman and Kay Floyd as Vice Chairman of the Community Appearance Committee. Councilman Fox seconded the motion which carried unanimously, 6-0. Councilwoman Crouch made the motion to appoint Dan Sears as Chairman and Tom Wilson as Vice Chairman of the Construction Board of Adjustments and Appeals/Building Standards Commission. Councilman Mariott seconded the motion which carried unanimously, 6-0. Councilwoman Crouch made the motion to reappoint Jesse Watson as Chairman of the Electrical Examining Board. Councilman Fox seconded the motion which carried unanimously, 6-0. Councilwoman Mcllhaney made the motion to appoint Joan Lamkin as Chairman and Bill Lancaster as Vice Chairman of the Historic Preservation Committee. Councilwoman Crouch seconded the motion which carried unanimously, 6-0. Councilwoman Crouch made the motion to appoint George Dresser as Chairman and Ron Gay as Vice Chairman of the Parks and Recreation Board. The motion was seconded by Councilman Fox which carried unanimously, 6-0. Councilwoman Crouch made the motion to appoint Dick Birdwell as Chairman and Pat Poston as Vice Chairman of the Zoning Board of Adjustments. The motion seconded by Councilwoman Mcllhaney which carried unanimously, 6-0. AQenda Item No. 9 -- Hear Visitors. No one spoke. AQenda Item No. 10 -- Adiourn. Mayor Ringer adjourned the meeting at 7:45 p.m. 'Cl'ty ,~ecretary C6nnie Hooks GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 9, 1994 7:00 P.M. 11. 9 3. 6. It. 18. 19. 10. 20.