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HomeMy WebLinkAbout06/11/1992 - Regular Minutes City CouncilTHURSDAY, JUNE 11, 1~J2 7:00 P.lVi. 13OUNCII-MP. MBER8 PRESENT: Mayor Ringer, Councilmembers Brown, Schneider, Kennady, Gardner COUNClI.MP-MBF. I~ ABS~2qT: Councilmembers Mcllhaney and Crouch STAFF PRESENT: City Manager Ragland, City Attorney Locke, City Planner Callaway, Public Information Officer Calliham, Executive Director Management Services Piwonka, Assistant City Manager Woody, City Engineer Pullen, Senior Planner Kee, Development Services Director Ash, Assistant City Engineer Morgan VISITORS PRF_~ENT: See guest register. Agenda Item No. I - CONSENT AGEND~ (1.1) Approval of minutes for the workshop meeting, May 13, 1992, regular meeting May 14, 1992, workshop meeting May 27, 1992, and regular meeting May 28, 1992, and special meeting May 28, 1992. (1.2) Request for approval of an ordinance amendment to the Cemetery Ordinance No. 1864 (Ordinance No. 1959) (1.)3 Authorization for staff to execute a contract with Esmond En~'neering, Inc. for engineering services for street and utility rehabilitation in the Carter s Grove Subdivision. The streets portion will be funded through FY 92 Operating Budget and the utilities portion will be funded through 1992 Utility Revenue Bonds. The engineering services contract is $58,630.00 .4) Consideration of the award of a contract for the repainting of the clarifiers at the arter Creek Wastewater treatment plant. Funds available as budgeted in FY 91-92 operating budget, system maintenance account. Staff recommends award to Archaic, Inc. as low bidder meeting specifications, total expenditure $31,750.00. (1.5) Consideration of development agreement to addresss signage for Kapchinski Hill Replat. (1.6) Consideration of award of Oakwood addition sanitary sewer and water line improvements, Project No. SS1005 and WT1002, to Palasota Construction, Inc. of Bryan in the amount of $459,702.46. Funding for waterlines in this project taken from 1984 Utility Revenue Bonds. e.7) Consideration to enter into development agreement with Fountainhead velopment Corp. for construction of Longmire through Springbrook Subdivision. (1.8) Consideration of Final Plat - Cypress Meadow located in Sprin~brook Subdivision. ~1.9) Request for purchase approval of one tandem asphalt roller, B~d #92-52 Public services wept. Streets Division. Staff recommends award to R.B. Everett & Company as low bid meeting specifications, total expenditure $25,700.00. Funds available in the FY 1991-92 General Fund, Public Services Dept. Streets Division for $40,000. City Council Regular Meeting Page 2 Thursday, June 11, 1992 (1.10) Consideration of resolution appointing the Planning and Zoning Commission to serve as the Capital Improvements advisory Committee. (IAI) Consideration of an ordinance amending Chapter 10, Section 2-D of the Code of Ordinances regarding special hazard intersections controlled by stop signs. (Ordinance No. 1960) (1.12) Consideration of an ordinance amending Chapter 3, Section 3 of the Code of Ordinances relating to driveway access location and design. (Ordinance No. 1961) (1.13) Consideration of agreement TexDot to allow the installation and maintenance of street lighting on FM 60 from FM 2818 westerly to the city limits. Staff removed Consent Agenda Item No. 1.10 to be considered separately. Mayor Ringer mentioned that corrections to the minutes were placed before the council and will be made part of the minutes if no one objected. Councilman Brown removed Consent Agenda Item No. 1.4. The remaining items were approved by common consent. Item No. 1.4 - Consideration of award of contract for repainting of the clarifiers at the Carter Creek wastewater treatment plant. Councilman Brown asked if the clarifiers could be painted inhouse. Mr. Riley replied that the clarifiers contain large mechanical equipment and it is very timely to complete such a job. A savings is associated with hiring an outside contractor. Councilman Brown moved approval of the award of contract to Archaic, Inc. as low bidder meeting specifications m the amount of $31,750. The motion was seconded by Councilman Schneider which carried unanimously, 5-0. Aeenda Item No. 1.10 - Consideration of a resolution al~l~ointing the Plannine and Z~ning Commission to serve as the Capital Improvemefi~s AdviSory Committee Councilman Schneider moved to approve the resolution and setting the date for the public hearing for August 27, 1992. The motion was seconded by Councilman Kennady and carried unanimously, 5-0. A~nda Item No. 2 - A publi~ lmarln~ and ~a~d_~_~8_ti_e~II Of all O1~ and m~a Ol~Ial_~n~- pirmit application from '~xleo_ lgn~_rsy~ In_e._ ~_atln_ T,~m~ f'o_r lln~ntr~ ~l-I-l_- Mayor Ringer noted this permit application replaces the permit granted in December. City Engineer Pullen described the location of the well site near the wastewater treatment plant. He described the impact and safety of the well to the surrounding area. The well is classified as an urban well, more than 1000 ft. from a residential subdivision. City Council Regular Meeting Thursday, June 11, 1992 Page 3 Councilman Kennady noted that there is an environmental impact study conducted by Esmond Engineering which will be completed in two to three weeks. Mr. Pullen concurred. Mayor Ringer opened the public hearing. Peggy Neugebauer, 2806 Wilderness, spoke to the Council. She noted that the well is located 1200 ft. from her residence. She encouraged the council to place the same restrictions as placed on the Swoboda well. Ms. Neugebauer also urged the permit be delayed until the study is complete and reviewed by council. Suzanne Holt, 1700 Emerald Parkway, asked questions regarding a previous study performed and the impact of a possible blow out near the wastewater treatment plant. Mr. Bruchez clarified the process of separating fluids and solids and the amount of smoke involved, if any. He added that the flare should be minimal. Jimmy Hodges addressed the council. He inquired about the scope of the impact study. Mr. Pullen replied that the study reflects the impact of light, sound and emissions from the well site. In addition, other environmental issues are addressed. Ron Gay approached the council. He asked about the time frame for drilling. Mr. Bruchez anticipates the drilling complete by the first of August. Mayor Ringer closed the public hearing. Astcnda Item No. 3 - Consideration of the oil and o~ ope~_-_rations permit applicatirm Edco Ener~, Inc. of Austin for Rsintree #1-~4_ - ......... Councilman Schneider raised several questions regarding the permit and impact study. Mr. Bruchez interpreted the requirements of the permit. Mr. Schneider asked if an ~mpact study will be conducted for every well permitted in the future. Mr. Pullen replied that this impact study is written in generic terms and applied toward additional wells. Councilman Brown expressed his concern on the part of the citizens attitudes toward the oil wells around their neighborhoods. He urged the delay of this permit until the drilling of the first well (Swoboda No. 1) is complete, the study is complete and the interceptor of well is installed. Mayor Ringer stated the motion made at the May 14th meeting with respect to the Swoboda well and the stipulations attached to the permit. Councilman Kennady stated that the permit may be granted at this time. In the case that additional restrictions are found from the study, then the council has the authority to place these restrictions on the permit. Ron Neugebauer asked the council to impose the same restrictions to this well as restricted on the Swoboda well. City Council Regular Meeting Thursday, June 11, 1992 Page 4 Ms. Holt spoke on behalf of Emerald Forest homeowners. She encouraged the delay of the drilling until the study is complete. Some residents are satisfied that the city has agreed to have a study conducted. She urged the council to present the study findings to the homeowners association meetings. Councilman Kennady moved to grant the permit with the same restrictions placed on the Swoboda Well #1, and to provide the results of the environmental impact study to the homeowners' association within seven days after the completion of the study. The motion died for a lack of second. Discussion was held on the city furnishing electrical generators to the well. Mayor Ringer stated the reasons why he is in favor of the motion. Councilman Gardner commented that he objected to the motion mainly because of the nature of the study. Councilman Schneider moved to grant the permit as well as additional requirements: 1. The operator share the cost with the operator of Swoboda Well #1 for the environmental study. 2. Any conditions identified by the impact study be applied. 3. Landscaping is required. The motion was seconded by Councilman Kennady. Discussion continued. Councilman Brown made a substitute motion to grant the permit and adding that the starting date for drilling operations begin September 1. He stated the factors involved with two operations drilling simultaneously. The motion was seconded by Councilman Gardner. Pat Guseman, 2801 Cherry Creek, Bryan and property owner of 8212 Butler Ridge addressed the Council. She stated her concerns about the economic conditions. A delay to September 1 would be a major concern for those who have a financial interest in the well. Mr. Hodges also expressed concern. Councilman Schneider expressed his comments against the substitute motion. The vote taken on the substitute motion failed by a vote of 2-3. FOR: Councilmembers Brown and Gardner AGAINST: Mayor Ringer, Councilmembers Kennady and Schneider The vote taken on the original motion to approve the permit carried by a vote of 4-1. FOR: Mayor Ringer, Councilmembers Brown, Kennady, Schneider AGAINST: Councilmembers Gardner City Council Regular Meeting Thursday, June 11, 1992 Page 5 tttn~ Imm No. 4 - A public l~arln.- to cnn.ftl~.r an ordln.n_e~_ l~__~_~|n~ 9~_00 -___~l O~ sid~ o.~ ~ 6. bo..und oll the n___orth 1:W Sl:~arrnan ~ and_ al3pl'F'~ma~ly 2,40fl south ~ the intersection of Omen's Pmin'~ Road and SH 6 fi'on~-A-O Agri&dmra~ Open to M-1 Planned Industrial_ Senior Planner Kee addressed this item. This request is made to anticipate increased interest in the city's 200 acre business park. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. A~nda Item No. 5 - Conaiderafion of an ordinnn~ mlatina to the above i_m_m Councilman Kennady moved to approve Ordinance No. 1962 to rezone 200 acres on the east side of SH 6 bound on the north by Spearman Drive and approximately 2400 feet south of the intersection of Greens Prairie Road and SH 6 from A-O Agricultural Open to M-1 Planned Industrial. The motion was seconded by Councilman Brown which carried unanimously, 5-0. A~_ nda Item No. 6 - Consideration of a m~ter development ?n. of the R .oc.k Prair~-. Natates and Edelweiss Estates Subdivisions located on the north and so~_th md~_~ of th~. future westward extension of Rock Prairie between Wehb and Wellborn. Appli¢.ant i. Councilman Brown moved to approve the master development plan with changes outlined at the council workshop meeting. Mayor Ringer reviewed the council's consensus. These items were noted in the workshop meeting minutes. The motion was seconded by Councilman Schneider which carried unanimously, 5-0. A~_ nda Item No. 7 - Comideratlon_ of Doug Stovall's pre_~.t,,-_'o.__ _cor,__e~_.,nmino th~. property at 1009 Krenek Tap. - Mr. Doug Stovall addressed the Council on this item. He thanked the council for the opportunity to speak. Mr. Stovall pointed out his property located on the map provided. He read the statement provided to the council prior to the meeting. He discussed two options to the planned extension of Central Park Lane. Mr. Stovall pointed out that he intends to build a boarding house on this property. He presented appraisal values of the property. He encouraged the council to consider one of these two options presented. Councilman Brown stated that the city should buy similar property and exchange with Mr. Stovall for his property. Mayor Ringer pointed out that this property is not platted. He added that it was the intent of previous councils to extend Central Park Lane. City Council Regular Meeting Thursday, June 11, 1992 Page 6 Mayor Ringer strongly disagreed with Mr. Stovall's comments. Mr. Ash explained that the reason the city did not purchase this property is because it is not city policy to buy property that is undeveloped. The staff's position is that the extension should remain as proposed. Mayor Ringer asked the council if they wish to change the extension of Central Park Lane. He asked council to give guidance to Mr. Stovall. Mark Lupo, 2904 Pierre Place addressed the Council. He raised several issues such as .savings to the city and revenue generated by the boarding house. Also, environmental issues. Terry Raines, 1503 Medina, addressed the Council. He stated that the existing plan of the Central Park Lane may lend itself to become a thoroughfare through the park. He asked the council to consider Mr. Stovall's option for the community's sake. George Lee, 3001 Durango supported Mr. Stovall's proposal of Option II. City Manager Ragland pointed out that this issue is not a rezoning case. The staff is present to give direction to the Council and to protect the interest of the city. Councilman Kennady made a motion to extend Central Park Lane across Krenek Park in alignment with the present entrance to Central Park and the right-of-way shown on the plat. The motion was seconded by Councilman Schneider which carried by a vote of 4-1, Councilman Brown voting against. A~enda Item No. 8 - Hear Vhi_to_~ No one spoke. Age_ ndn Item No. 9 - Closed se~_!_nn to receive staff re_~_nort_ [69~'~2-17(2)(r)] and personnel _1'6252-17(2)~)_1. (9.1) Staff Report a. Legal Report (9.2) Personnel a. Committee Appointments 1. Cemetery t;ommittee 2. Community Appearance Committee 3. Construction Board of Adjustments and Appeals b. Selection of Mayor Pro-tern The council moved into closed session at 9:20 p.m. A~_ nda Item No. 10 - Aeti__'on on e!o~fi The council moved back into open session at 10:27 p.m. The following appointments to citizen committees were made. City Council Regular Meeting Thursday, June 11, 1992 Page 7 Community Appearance Committee - Councilman Schneider moved to reappoint Mary Jo Lay for a two year term. The motion was seconded by Councilman Gardner which carried unanimously, 5-0. Construction Board of Adjustments and Appeals - Councilman Schneider moved to appoint the following citizens. The motion was seconded by Councilman Brown which carried unanimously, 5-0. Dan Sears, Chairman, Pat Boyett, James Holster, and Tom Wilson for two year terms. Paul Swoboda, Wic McKean, Danny Sustaire for one year terms with Bill Lewis as alternate for two year term. Councilman Schneider moved to appoint Fred Brown as Mayor Pro-tem. The motion was seconded by Councilman Kennady which carried unanimously, 5-0. Age,_ nda Item No. 11 - Adjourn. Mayor Ringer adjourned the meeting at 10:30 p.m. ATTEST: . City Secretary Confiie Hooks APPROVED: GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSD~Yv ~UNE ~1, 1992 7:00 P.M. 15. 17.