Loading...
HomeMy WebLinkAbout05/14/1992 - Regular Minutes City CouncilTHURSDAY, MAY 14, 1992 7:00 P.M. Mayor Ringer, Councilmembers Brown, Gardner, Crouch, Mcllhaney, Kennady Councilman Schneider City Manager Ragland, Assistant City Manager Woody, Assistant City Manager Brymer, Public Services Director LaBeau, PARD Director Beachy, Public Information Officer Calliham, Executive Director Fiscal/Human Resources Piwonka, City Attorney Locke, City Secretary Hooks VISITORS PRESENT: See guest register A~nda Item No. 1 - Si~nino of a l~l'Oelama_ti_'_t2m_ tl~.alonatlno May 23, 1992 as P~_m~'_ Day"in Colle~ gtaU~. -- -- -' - Mayor Ringer signed and presented the proclamation to Ag~_ nda Item No. 2 - CONSENT AGENDA- .1) Approval of minutes for the workshop meeting, April 22, 1992, Regular Meeting, pril 23, 1992 and Special Meeting, May 6, 1992. ~.2) Request for purchase of 4.63 acres, Tract 42, Crawford Burnett Survey A-7, t.ollege Station as part of Wayne Smith/Lincoln Park Corridor Project. The purchase (2.3) Bid #92-49 - Purchase approval of pool recreation equipment, Parks and Recreation Dept. Staff recommends award to New Braunfels General Store, total expenditure $21,076.90. Funds available as budgeted in 1991 GOB Funds. (2.4) Bid #92-02 - Purchase approval of additional 150 of the 400 gallon refuse containers. Staff recommends award to Heil Company as low bid meeting specifications, total expenditure, $32,550. (2.5) Approval of award of lease to Inco Oil Corporation for the development of oil and gas under 7.532 acres (Oaks Park). (_2.6) Approval of request to spend $28,000 for rebuilding the undercarriage of Caterpillar 973 Truck Loader Unit #73-12. A2.7) Request permission to amend FY 91-92 Brazos Valley Solid Waste Management gency Budget. The amount of amendment is $375,000. Funds available through BVSWMA. .8) Consideration of proposed change order to contract with JHW General ontractors, Inc. for finish out of maintenance building. Contract in the amount of $19,880. t.9) Consideration of award of Wolf Pen Creek Interceptor Phase I Project No. 1002 Palasota Construction, Inc. of Bryan in the amount of $1,711,907.82. Funding for project, 1984 Utility Revenue Bonds. City Council Regular Meeting Thursday, May 14, 1992 Page 2 The consent items were approved by common consent. Ag~_ nda It~..m N..o. 3 - A m~blic h~arin~ and aomid~ratitm of oil and m~ ol~ra__ti_'_tma _l~Tmit a_l~:HCa~_rm_ ~-_L'~_~g~_?Oni~ Ol~yAt~n~_ In~_ of Ol~lnhoma (~, 01~lAhrrma fOr b'h~oboda- ~l-I-I. ' City Engineer David Pullen explained this item. Staff received consulting services for the purpose of advising staff of the safety and welfare of the general public with regards to the different wells in this general area. Staff determined to classify this well as an urban horizontal well. He clarified that the classification of the well is defined by the way in which the well is processed. He noted that this item was published in the newspaper as a public hearing and residents were notified. Mr. Pullen pointed out changes to the oil and gas permit submitted in the council packet. An additional statement was made to Item No. 4: The permittee has agreed to employ a diesel electric drilling rig equipped with hospital type mufflers. The permittee shall employ proper muffler water cooled or electric motors for compressors during production. An additional sentence was added to Item No. 7: The flare shall be directed away from existing trees to the maximum extent possible. An additional item was added, No. 13: The permittee shall employ such multiple separation devices as are necessary to prohibit liquid fire hydrocarbons from being burned in the flare and producing objectionable smoke and odor. Councilman Brown asked if it is correct other wells will be located east of this site. Mr. Pullen replied yes. Councilman Brown asked if pooling could be done. City Attorney Locke clardied to the council that the staff has previously approved an application for one more well. Mayor Rigner opened the hearing. He announced that the city does not have legal authority to prohibit drilling with the city. The city may place reasonable restrictions on any drilling operation. Mr. Ernest Bruchez, representative of the applicant came forward. He commended the staff for their extraordinary work in the process of this well development. Mr. Bruchez explained the process to drill the well and its impact to the surrounding subdivisions. He presented slides of other well sites within the city. Mr. Bruchez responded to Councilman Brown's question on pooling the oil from one well to another well. Mr. Bruchez replied that this cannot be done because of the type of limestone reservoir in which the oil becomes trapped. Operators have determined that the wells need to be located 3500 feet apart. Peter Bastian of 2508 Sumter approached the podium. He expressed his concerns about the classification of this permit as urban. Particularly, the fact that a study was not done for this well. He urged the council to review the permitting process and language within the oil and gas ordinance. He indicated that he is satisfied with the additional changes submitted by the City Engineer tonight. City Council Regular Meeting Thursday, May 14, 1992 Page 3 Mr. Bastian added that he preferred an initial hearing among citizens and the consultant prior to the conduct of a high impact study. Suzanne Holt, 1700 Emerald Parkway, addressed the Council. She asked several questions relating to the drilling, noise, odor, flaring, and transporation. Mr. Bruchez answered her questions. Councilman Kennady suggested that a stronger message be sent in Item No. 13 of the permit by stating that the permittee will employ such multiple separation devices. Mr. Bruchez responded that he did not have a problem with this change. Rob Holt, 1700 Emerald Parkway, addressed the Council. He asked the council to approve a study for this area. Another concern he raised is the investment of the city's w articipation in the cost of Appomattox bridge with Mr. Swoboda. He questioned Mr. oboda's actions to give this company the option to place wells on his property. Councilman Brown remarked the City's Thoroughfare Plan displays Appomattox Drive extended through Raintree Subdivision and Windwood SubdMsion. This is the reason the Council agreed to participate in the cost of the bridge. Mr. Allen Swoboda addressed the Council. He pointed out that he has only 2.8 percent interest in this well. He expressed his concerns regarding the well, particularly the noise level, flaring, and screening. Orestes Yarbrough, 2504 Sumter, addresssed the Council. He expressed concerns about the decisions by the City Engineer in classifying this permit. The neighborhood deserved an impact study for this well. Ms. Josie Peacher, 8705 Sandstone, addressed the Council. She asked a question regarding the transportation of oil. Mr. Bruchez replied that the gas will be transported by pipeline. Initially, the oil will be transported by truck down the wastewater treatment plant road to the East Bypass and then discharging the oil at a terminal on Tabor Road. Mr. Bruchez discussed the liner that is placed in the reserve pit and the environmental impact of the water. He emphasized that the liner is not required, but the city has requested a liner be placed in the pit to address any environmental concerns. Terry Mason, 2507 Sumter, addressed the Council. He appreciated the staff changing the permit with respect to noise and safety. He requested the council hire a consultant to conduct an impact study. Jim Kecton, 2506 Sumter, addressed the Council. He asked if the weight of the trucks might destroy the bj(p. ass road and what standards are made to accommodate these particular trucks. City Engineer Pullen remarked that the roads are designed for heavy traffic. He added that the annual permit includes a security bond of $25,000 which is used to secure cost of damages on city streets. Councilman Gardner asked when the frontage roads will change from two-way traffic to one-way traffic. Mr. Pullen replied that there are other projects which should be completed prior to the change of traffic flow, maybe two years. City Council Regular Meeting Thursday, May 14, 1992 Page 4 Carol Freedlander, 1905 Amber Ridge, asked the staff several procedural questions regarding the well. Mayor Ringer remarked that the permit process sets conditions for the drilling operation. City Manager Ragland mentioned that there are city service employees on call 24 hours. The city has the power to intervene on the public's behalf. City Engineer Pullen stated that the well site is inspected twice a month. City Attorney Locke pointed out that the permit is for one year. The operator knows that he will have a difficult time obtaining a second permit if he has created any dissatisfactions. Ms. Freedlander directed questions to Mr. Swoboda. Michael Abelson, 8705 Appomattox, addressed the Council. He summarized his views on the discussion held. John Walter, Wilderness Drive, spoke to the Council. He stated concerns about the minimum amount of notification which the public received. He also indicated concerns about well flaring. Mayor Ringer closed the public hearing. Councilman Brown made a motion to deny consideration of the permit until such time a high impact study is completed and the results of the high impact study shared with the Emerald Forest Homeowners Association and the Raintree Homeowners Association and the residents notified of the time and date of such meeting. The motion was seconded by Councilman Gardner. Councilman Crouch made a substitute motion to grant the permit with the following conditions: 1) Operator perform an impact study with input from and communication to both homeowners associations. i/Operator correct conditions identified by the impact study. Operator landscape, in addition to the 8 (eight) ft. fence, the site after drilling. Operator will completely clean site after production is finished. Mayor Ringer noted that the fourth provision is required in the permit. This substitute motion was seconded by Councilman McIlhaney. Mayor Ringer restated the motion. Councilman Gardner discussed the substitute motion. He did not feel the motion was appropriate at this time. He recommended an impact study prior to the issuance of the permit. Councilman Mcllhaney noted that the material provided for this item was based on the study conducted for the area. She preferred the drilling begin in the summer months. Councilman Brown remarked that he is opposed to the substitute motion because there are unanswered questions expressed by the homeowners. City Council Regular Meeting Thursday, May 14, 1992 Page 5 Councilman Kennady made a motion to amend the substitute motion to include in Item No. 13 in the permit the following statement. The permittee shall employ such multiple separation devices prior to entry into the target zone that will prohibit liquid fire hydrocarbons... The motion was seconded by Councilman Crouch. The motion carried by a vote of 5-1, Councilman Gardner voting against. Mayor Ringer restated the substitute motion as amended. The motion carried by a vote of 4-2. FOR: Mayor Ringer, Councilmembers Kennady, McIlhaney, Crouch. AGAINST: Couneilmembers Brown and Gardner The council recessed for a short break. ~ Item No. 4 - blic he ' to cons/der an ordinance to rezone ~ of University Drive.~ Spring_ Loop from R-4 Anartments Low Densitlr to C-B Businesa Commercial Applicant is Pa~ (la/h-, for owner; Roa~,o Holdings. Inc~ Senior Planner Kee presented the staff report of the two rezoning requests. The following item was presented at this time. She showed slides of the 3.2 acre tract and surrounding tracts. Mayor Ringer opened the public hearing. Applicant Paul Clarke approached the Council and stated that the current rezonings of these properties are not in compliance with the Land Use Plan and development policies and procedures. He presented slides. He proposed to bring this tract into compliance with the city plans. After additional discussion, Mayor Ringer dosed the public hearing. A~_ nda Imm No. $ - Cona! _de_ rs_ tion of an ordlnsn_ee_ relating to the above i~m- Councilman Brown moved approval of Ordinance No. 1956 to rezone 3.2 acres (Lot 15 Block T U.P. II) on University Drive approximately 500 feet west of the intersection of University Drive and Spring Loop from R-4 Medium Density Residential to C-B Business Commercial. The motion was seconded by Council Crouch. Councilman McIlhaney made a motion to amend with the condition that the tract be replatted as a single development lot to combine R-4, A-P, and a C-B tract to the west. The motion was seconded by Councilman Crouch. Mayor Ringer pointed out that the rezoning is not effective until the final plat is approved. The amended motion carried by a vote of 4-2. FOR: Mayor Ringer, Councilmembers Brown, McIlhaney and Kennady. AGAINST: Councilmembers Crouch and Gardner City Council Regular Meeting Page 6 Thursday, May 14, 1992 The original motion as amended carried by a vote of 5-1, Councilman Gardner voting against. Item No. 6 - A oublic h~nrlna to conaider an ordinance to rezone 4,7 acres -~.9., Block U, U.P:!r) on §~-~-~ Loop a._cgpr.~.'m, a.~.ly 1..400. fee. t w~.St of_. _t~e_.. UnlvoraiW Drive snd Sprlno I oo1~ f:ro_-m A-P Admmlstratlve l-l'O_m_$_~!nnsl tO {~-B 151181I~$ Comm~i ia Paul Clarke This item was discussed under the previous item. Mayor Ringer opened the public hearing. No one spoke. He closed the public hearing. A~o~.nds Item No. 7 - Consi_derafion of all ordinsm_co tO rezoxle 4.7 acres. Councilman Brown moved approval of Ordinance No. 1957 for the rezoning of 4.7 acres on Spring Loop Drive approximately 1400 feet west of the intersection of University Drive and Spring Loop from A-P Administrative Professional to C-B Business Commercial with the condition that the zoning will be effective upon approval of the final plat combining the three tracts as specified in the previous item. The motion was seconded by Councilman Crouch which carried by a vote of 5-1, Councilman Gardner voting against. Zu~eo n__d~_ Item No. 8 - Consideration of a rcq~_~st _for economic development incentives in the f__arm of infrastructure improvc_m~ents, l~cquest made by_ CIC Age_ ncy, City Planner Jim Callaway presented this item. A request was received for infrastructure improvements by CIC Agency, Inc. The property is currently zoned C-1 and M-1. It is a 19.89 acre tract south of the Shenandoah subdivision. After improvements, the applicant would locate Warantek, a subsidiary company, on the property. The applicant has requested that the city provide a waterline and fire hydrant that would be necessary, $35,000 are available from the Utility Revenue Bond funds. The rojected impact is a net annual cost of approximately $2300 to the City of College tation. Staff felt this application has advantages, one being the upgrade of deteriorating property. Mayor Ringer asked if anyone in the audience would like to speak. Ms. Nancy Summers stated that she is familiar with the property. She asked Mr. Hickson what the plans are for the buildings. She pointed out that this location has potential for looking nice. David Hickson, President of CIC Agency, addressed Ms. Summer's comments. He stated that the buildings will occupy a division of CIC Agency, Warantek, comprising of a maintenance team who work with medical equipment. He is also looking toward purchasing a manufacturing firm in California and relocating to this location. Mr. Hickson remarked that the buildings will be repaired. The area will be beautified to include a picnic area and recreation area. City Council Regular Meeting Thursday, May 14, 1992 Page 7 Discussion continued. A motion was made by Councilman Crouch to approve the request for economic development incentive from CIC Agency, Inc. in the form of infrastructure improvements and that the city pay for the cost of the fire hydrant, waterline, and sewerline. Councilman Brown seconded the motion. Councilman Gardner stated his objection to this request. Councilman Mcllhaney stated that she does not agree to provide an incentive for the sewerline. John Clark, 504 Crescent, spoke to the Council. He noted that the property needs utility work. Such as, MC, water, roof, foundation, and electrical. Mr. Hickson's intention was not to ask for help at the beginning of this transaction. But to make this property suitable, he asked the city for assistance. Mr. Calrk added that this property has been listed for years. Mayor Ringer commented that he will vote against the motion because it is not appropriate that the sewer service line be extended to his property. Councilman McIlhaney moved to make an amendment to the motion which is to follow the staff recommendation and provide the fire hydrant and waterline. The motion was seconded by Councilman Brown. This motion carried by a vote of 4-1, with Councilman Kennady abstaining. FOR: Mayor Ringer, Councilmembers Brown, Mcllhaney, Crouch AGAINST: Councilman Gardner The original motion as amended carried by a vote of 4-1, with Councilman Kennady abstaining. FOR: Mayor Ringer, Councilmembers Brown, Mcllhaney, Crouch AGAINST: Councilman Gardner The Council thanked Mr. Hickson for the quality of business he has brought to the community. Agenda Item No. 9 - Presentation of Council Development Policies Subcommltt~e recommendation on the 2818 Exten~on Study. Councilman Brown moved to delay this item. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. Age_ nda Item No. 10 - H~ar Viaitora No one spoke. Agenda Item No. 11 - Closed session to receive staff report [6252-17(2)(r)] and discuss ~ersonnel f6252-17(2)(g)]. (11.1) Staff Report a. Legal Report (11.2) Personnel a. Municipal Court City Council Regular Meeting Thursday, May 14, 1992 Page 8 Committee Appointments 1. Joint Relief Funding Review Committee 2. B/CS Economic Development Board The council moved into closed session at 11:25 p.m. .a,~_~.n_cls I~m No. 12 - Action on closed session. The council reconvened into open session at 12:39 a.m. Councilman Brown moved to appoint Pat Cornelison to the B/CS Economic Development Board of Director. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. Councilman Crouch moved to appoint Tamara Jackson to the Joint Relief Funding Review Committee. The motion was seconded by Councilman Brown which carried unanimously, 6-0. A~nda Imm No. 13 - Adjourn. The Council adjourned the meeting at 12:41 a.m. . EST: City Secretary Connie Hooks APPROVED: GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, MAY 14v 1992