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HomeMy WebLinkAbout08/26/1993 - Regular Minutes City CouncilMAYOR Larry J. Ringer MAYOR PRO-TEM Fred Brown CITY MANAGER Ron Ragland COLLEGE STATION COUNCILMEMBERS Hub Kennady Lynn Mcllhaney Vernon Schneider David Hickson Nancy Crouch MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 26, 1993 7:00 P.M. COUNCILMEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, Mcllhaney, Hickson, Crouch COUNCILMEMBERS ABSENT: Councilmembers Schneider and Kennady STAFF PRESENT: City Manager Ragland, City Secretary Hooks, City Attorney Locke, Assistant City Attorney Nemcik, Public Information Officer Calliham, Executive Director Fiscal/Human Resources Schroeder, Executive Director Management Services Piwonka, City Planner Kee, Staff Planner Kuenzel, Budget Director Cryan, Assistant City Manager Brymer, Assistant City Manager Woody, Director of Development Services Ash VISITORS PRESENT: See guest register Aqenda Item No. 1 - PROCLAMATIONS Mayor Ringer read the proclamation for Safety Awareness Week. City Employee, Tim Johnson accepted the proclamation on behalf of the City staff. Mary Bell accepted the proclamation for Constitution Week signed by Mayor Ringer. Agenda Item No. 2- CONSENT AGENDA. GENERAL BUSINESS (2.1) Approval of minutes for Workshop Meeting, August 11, 1993, Executive Session, August 12, 1993, and Regular Meeting, August 12, 1993. (2.2) Lease agreement for office space for the Community Development program staff. Withdrawn from the consent agenda for future council meeting agenda. (2.3) Approval of assignment of overriding royalty interest for an oil, gas, and mineral lease of 58.516051 acres leased to Central Plains Oil and Gas Corporation. This lease acreage includes Central Park and areas under Krenek Tap Road and FM 2818. (2.4) Approval of Bryan-College Station Metropolitan Planning Organization's Unified Planning Work Program for FY 1994. City of College Station, Texas Providing Customer Service Excellence City Council Regular Meeting Thursday, August 26, 1993 Page 2 (2.5) Approval of minute order to amend Chapter 7, of the Code of Ordinances of the City of College Station, by adding a Section 10 to codify Ordinance No. 1820 regarding the release, discharge, or deposit of hazardous substances or wastes within the city limits or within 5,000 feet of city limits. CONTRACTS AND AGREEMENTS (2.6) Approval of change order in the amount of $22,000 to existing contract with Camp Dresser and McKee to assist the City with the preparation of a Texas Water Commission permit amendment and a U.S. EPA NPDES permit amendment for the Carter Creek Wastewater Treatment Plant. The total amount of the contract with the change order is not to exceed $1 O8,698. (2.7) Approval of settlement agreement with Cully Lipsey, as Trustee and Developer, for the platting of property located in the extraterritorial jurisdiction of the City of College Station. (2.8) Approve water sale contract with Greg Willems for single family residence located on Bird Pond Road in the Cully Lipsey Subdivision. (2.9) Approval of contract with Young Brothers, Inc. in the amount of $19,400 for immediate repair of sewer line that crosses Wolf Pen Creek near the Meridian Apartments. Funds available in FY 92-93 Utility ClP Budget. BIDS (2.10) Approval of purchase order for the rental of a track-hoe from Hunter Equipment in the amount of $12,000 to be used for sewer line rehabilitation. Funds available in FY 92-93 Utility CIP Budget. RESOLUTIONS (2.11) Approval of a resolution authorizing the Mayor, City Manager, and City Attorney to acquire by condemnation all of that certain lot, tract or parcel of land being Lot 20, Block 1, Southland Addition, commonly known as 131 Southland Street, for inclusion in the city's Community Development program. ORDINANCES (2.12) Approval of Ordinance No. 2026 amending Chapter 4, Section 4-B of the Code of Ordinances, pertaining to special events. (2.13) Approval of Ordinance No. 2027 amending the subdivision regulations clarifying the necessity for platting. PLATS (2.14) [93-224] Final Plat (Replat) for Southwood Valley 5A located at 2748 Longmire Drive, near the corner of Longmire and Deacon Drive. Applicant Roy Luepnitz. (2.15) [93-225] Final Plat for Devonshire Phase 2, located at the corner of Rock Prairie Road and Victoria Avenue. Applicant Myrad Real Estate. City Council Regular Meeting Thursday, August 26, 1993 Page 3 All items except Agenda Item No. 2.2 were approved by common consent. Agenda Item No. 3 - Preliminary Plat (93-307) Preliminary Plat of Pershing Park, 6.25 acres, 17 lot single family subdivision located southeast of Hawthorn and Thomas streets. City Engineer David Pullen approached the podium. He explained the history of this issue. Staff recommended approval with presubmission conference comments and the following conditions: Place a note on the plat concerning pier and beam lots Provide access to lot 9 in the adjacent subdivision Widen the exit drive at the boulevard to a 20 foot pavement section. Questions were raised by Councilmembers related to the detention center. Don Garrett, the engineer for this project, came forward to address the Council. He pointed out the purpose served by the tennis court as a drainage facility. Charles Boyd of 910 Pershing, addressed the Council. He stated that he was not opposed to the construction of 17 units by the present developer. However, he expressed concern about previous sewer overflow, lack of containment and flooding. He indicated that the city has cleaned the 6" and 12" sewer line and subsequent problems have not occurred. Mr. Boyd asked the city for commitment and due consideration for any future problems. Garland Cannon of 805 Hawthorne, addressed the Council. He indicated to the council that he was a constant victim of sewage overflow. Despite, the new storm drains, serious flooding occurred during the heavy rainstorms. He also urged the council to commit to the residents of this area that further problems will not occur with the sewer and storm drainage. Mr. Cannon supported the plat as submitted. Lawrence Carter, Operations Manager for Wastewater addressed the Council. He remarked that the 12" line was repaired and problems were alleviated and capacity is adequate to accommodate the new units. In addition, the 6" line was cleared of roots and debris. Mr. Carter added that the city is committed to maintain the lines regularly. Assistant Public Services Director Mark Smith addressed the Council on the drainageway maintenance. To clear this particular drainageway would be an improvement project rather than a maintenance activity. The city shall commit to continue to remove obstructions, debris, etc. Mr. Smith explained this area is regulated by old and new standards. Councilman Brown made a motion to approve the preliminary plat with staff recommendations. The motion was seconded by Councilman Hickson. Councilman Crouch described the concept of a drainage utility district to the audience. Mayor Ringer emphasized the city has a preventative maintenance program to monitor lines periodically in order to eliminate problems. City Council Regular Meeting Thursday, August 26, 1993 Page 4 The motion carried unanimously, 5-0. Aq_e__nda Item No. 4 - Public hearing and consideration of an oil and gas operations permit _a~3_ Iicafion from Cheeapeake Operating Co. of Oklahoma City, OK to conduct operations for fire City Engineer David Pullen pointed out this office received inquiries about the well. He provided a letter from Mr. Ledbetter, a mineral interest and surface owner. The application submitted is for a high impact classification permit. He described the location of the site near Foxfire Subdivision and Sebesta Road. Mr. Pullen presented slides of the landscaping and screening at the Swoboda #1 well site operated by Chesapeake Operating Co. Mr. Pullen referred to the recommendations by the City Engineer. The ordinance requires that owners and occupants of residences within 600 feet of the well site sign a waiver. In this case, signed waivers have been received by several property owners; however, three remaining property owners within the 600 ft. distance have not signed the waivers. He recommended the Council grant the permit with the condition that all waivers be acquired. Staff recommended approval of the well site located south of Sebesta Road and immediately adjacent to Foxfire Subdivision with a $250,000 security instrument during the drilling phase, and at least $50,000 security instrument after the drilling operations to secure compliance with the ordinance and provide for the repair of any damage to public or private property should a bond be necessary. Mr. Pullen pointed out the location of the flare pit. Councilman Mcllhaney inquired about the amount of the surety bond to protect the investment of major road improvements to Sebesta Road. Mr. Pullen suggested that the drilling of the well will probably be completed, before construction of Sebesta Road begins. Mayor Ringer opened the public hearing. Henry Hood, 1805 Elmhurst, Oklahoma City, Oklahoma 73120 came forward representing Chesapeake, Inc. as legal counsel. He concurred with staff recommendations with two exceptions: First, in his opinion, the bond amount of $250,000 recommended by staff was punitive. Secondly, he referred to the requirements of the ordinance that all waivers be submitted with the application. Mr. Hood asked to meet with the city staff and devise an alternative plan for landscaping of the well sites with practical plant species. Councilman Brown expressed resentment toward Mr. Hood's comments. The following persons addressed the Council in opposition to the permit. Mr. Norberto Espitia of 2104 Fields Drive in Foxfire indicated that he recently acquired Lot 6 and was not aware of the well site across the street at the time of his purchase eight days ago. He addressed several concerns. Mr. Espitia also directed his concerns to the applicant. John Hanson of 2101 Fawn addressed the Council. He identified his property as Lot 8 on Foxfire Drive. He also pointed out that he was prepared to sacrifice any or all profits that he might gain City Council Regular Meeting Thursday, August 26, 1993 Page 5 from this well in exchange for the general interest of a good neighborhood. Lynn Beason of 2105 Fawn addressed the Council. He presented a scenario of events regarding the waiver. Mr. Beason recited the minutes of the council meeting regarding the recent permit renewal for Chesapeake. He opposed the permit application. Jimmie Vernon of 2103 Farley addressed the Council. Although her property was not within 600 feet, she felt there would also be an impact to her property as well. For instance, noise, air pollution, flaring, etc. She opposed the permit application and urged the Council to consider the citizen's needs. Nathan Hill of 8202 Butler Ridge, representing the Holy Cross Lutheran Church, approached the podium. He expressed the church's views for the well site. He stated that the Church did not have specific reasons to oppose the well. Nevertheless, the members expressed concerns about conditions associated with the operation, children's safety, road conditions, and heavy truck traffic. Dave Wittman, P.O. Box 517 in Giddings, responded to Mr. Hill's question related to truck traffic. He replied that probably one truck would travel to the site every two hours. Bill Fox of 1700 Frost in the Foxfire Subdivision spoke in opposition to the permit application. He discussed several concerns. He alluded to two wells operated by Chesapeake located on Bird Pond Road and the probable deterioration of Sebesta Road. Secondly, the unattractive appearance of the storage tanks. Thirdly, the noise evolved from the trucks during the night. In conclusion, he asked the council to remember the history of this company. Henry Hood again commented to the Council. He apologize to Mr. Beason for the treatment his family received from representatives of his company with regard to the waiver. He pointed out that the requirements for the oil wells on Bird Pond Road are different because the wells are not located in the city limits. He reiterated that a $250,000 security bond was punitive. Ms. Vernon addressed the Council regarding the impact to other residences located outside the 600 feet of the well site. Mayor Ringer closed the public hearing. Councilman Crouch made a motion to deny the permit based on non-compliance. The motion was seconded by Councilman Hickson. Mr. Hood asked what part of the application did not meet the requirements. Councilman Crouch replied the necessary waivers were not received. City Attorney Locke explained the purpose for the waiver requirements. Further comments were made by Councilmembers. The motion carried unanimously, 5-0. Agenda Item No. 5 - A public hearing on the Colleae Station proposed 1993-94 Annual Budget_ Mayor Ringer opened the public hearing. Dick Birdwell, 1401 Post Oak Circle, addressed the Council. He complimented the staff on the improvements to the budget document, particularly the reduction in the number of pages and the City Council Regular Meeting Thursday, August 26, 1993 Page 6 helpful summaries. Mr. Birdwell expressed several comments outlined below: The drainage utility system was not a cost effective way to raise revenue. Instead, the appropriate source was ad valorem taxes. He asked the council to eliminate the study proposal and utilize staff resources toward productive jobs. Transfers from Utility Fund to General Fund are increasing each fiscal year. According to his figures, the administrative functions in the general fund are funded by the utility fund at a rate of 84 percent. 16 percent of administrative costs are allocated from the general fund. Concerns about the decision package requests for additional personnel. Complimented the staff on looking for ways to privatize services. Concerns about commercial dumpster screening. Landfill payment methods and future landfill locations. Suggested the Council make arrangements with the City of Bryan to buy water wholesale. Concerns about the amount of revenue from hotel/motel tax. Mr. Birdwell's final statements concluded with comments about raising taxes for operations. Mrs. Helen Pugh of 601 Fairview came forward to urge the Council to reduce expenditures in the budget. Mayor Ringer reminded Ms. Pugh about the funding sources for Wolf Pen Creek Phase I and the results of the previous bond election for Woff Pen Creek Phase II. Jim Gardner, 1216 N. Ridgefield came forward and presented his opinion of the proposed water rates and the decision package for the long range plan and visionary plan. Bill Binger 8603 Walnut Bend, representing the College Station Noon Lions Club thanked the council for their support of the fireworks exhibition held every year for the July 4th celebration. Mr. Binger questioned why the city is in the business of street repair. In his opinion, this type of work is for outside contractors. Barry Harding, 9203 Waterford, a member of the Bryan and College Station Athletic Federation. He thanked the council for their support for funds from the hotel/motel tax. This organization hopes to continue to hold athletic events in the city and continue to be a source of seed monies for other groups. Mayor Ringer closed the public hearing. Aaenda Item No. 6 - Discussion on ad valorem __rote__ and _e~llirlg a pub!ic he=_.dna on We l__mJL3 ~_~ veilorem tax rate if necessary. - - - Budget Director Charles Cryan addressed the Council. The council decided to schedule another meeting to discuss the budget at the next council meeting, and at that meeting schedule the City Council Regular Meeting Thursday, August 26, 1993 Page 7 public hearing for the second regular meeting in September, and designate a date for a special meeting to take final action on the 1993 tax rate. t~enda Item No. 7 - Public hearing and cormideration of'a requeet to r__~_ ne .tr~.ot~_ 17.1 and 17 ina_ one acre from R-1 Single Family Reeidential to C-1 _C~_neral Commerm_.~_= Property I _o,~m~ aooraMmatelv 200 feet west of the intemection of Barron Road and SH 6. A~!_~,qt Tom (Ordinance No. 2028) Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilman Brown moved approval of Ordinance No. 2028 with staff recommendations. The motion was seconded by Councilman Hickson which carried unanimously, 5-0. E~N3_ntee.nda Ite..m No. 8 - Public hearing and consideralion of amendmenls to variou~ __~ecfi__'orm of reno .Ordinance d.ealing w~. Nightclu. be, r_.~rants. Parking Requirements, .__~...~}~/Orient~ _rormes, and Prolect Review Comm~tee Discretionary Review Items (Screening. 8t~). (Ordinance No. 2029) - - Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Assistant City Attorney Nemcik clarified the definition of sexually oriented enterprises. Councilman Crouch moved approval of Ordinance No. 2029. The motion was seconded by Councilman Mcllhaney which carried unanimously, 5-0. Agenda Item No. g - Hear V'mitom. No one spoke. Aaanda Item No. 10 -Adjoum. Mayor Ringer adjourned the meeting at 10:20 p.m ,~:~EST: . Secretary Connie Hooks APPROVED: ~UEST REGISTER C~TY COUNCIL REGULAR NEET~N~ THURSDAY~ AUGUST 26~ ~99~ 7:00 P.M. 10. ?