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HomeMy WebLinkAbout11/12/1992 - Regular Minutes City CouncilTHURSDAY, NOVEMBER 12~ 1992 7:00 P.M. Mayor Ringer, Councilmembers Brown, Mcllhaney, Schneider, Gardner, Crouch, Kennady City Manager Ragland, City Attorney Locke, City Secretary Hooks, Asst. City Manager Brymer, Development Services Director Ash, City Engineer Pullen, Energy Management Director Shear, Asst. City Attorney Coates, Asst. Finance Director Cryan, City Planner Callaway VISITORS PI~SENT: See guest register Mayor Ringer opened the meeting with Councilmember McIlhaney absent. A~s I~m No. 1 - lh'e~ntaticm to ~ty Council for their support of 1992 Fest~f~ll_ Mr. Drew Matthews, representative of the Arts Council Festifall event, presented the City Council with a local artist's painting to display in city hall. The City Council was appreciative. P,~4s Item No. 2 - Presentation of award of merit to Police Volunteers Santos Rlmlrez and Marosret Griffin ~ their e_ff__~ and accomnllshmen__~ in the Police Department Pawn-Shog_ Pro_mare - Lt. Mike Matthews, Santos Ramirez and Margaret Griffin came forward to accept the framed certificates of appreciation for their efforts in the Pawn Shop program. Age_ nda Item No. 3 - CONSENT AGENDA. 33.1) Approval of minutes for the regular meeting, October 22, 1992. .2) Approval of appointments for Place 6 (Dr. Malon Southerland) Place 8 _(Mr. Rod ittman) and Place 10 ( Mr. Truitt Ingrain) on the Board of Directors of the Greater East Texas Higher Education Authority. te 3.3) Approval of a temporary, off premise non commercial sign to be located on the nee under the water tower on Texas Avenue. ORDINANCES (3.4) Consideration of an ordinance amending Chapter 9, Sections 8 and 9, of the Code of Ordinances of the City of College Station relating to general requirements and minimum standards of design by amending Subsections 8-T and 9-G pertaining to street lights. (Ordinance No. 1985) (3.5) Consideration of an ordinance amending Chapter 10 of the Code of Ordinances to extend the school zone for College Hills Elementary to include the Walton/Francis intersection. (Ordinance No. 1986) (3.6) Consideration of an ordinance amending Chapter 10 of the Code of Ordinances to City Council Regular Meeting Thursday, November 12, 1992 Page 2 extend the school zone on Rock Prairie Road. (Ordinance No. 1987) (3.7) Consideration of an ordinance amending Chapter 7, Section 3 of the Code of Ordinances regarding public nuisances. (Ordinance No. 1988) AGREEMENTS AND CONTRACTS 3.8) Approval of a contract between the office of the Governor and the Brazos Valley olid Waste Management Agency regarding the recycling of used motor oil. .9) Approval of award of contract for the construction of Brandon Heights/Southwood alley drainage improvements, SD-9201. Funding for this project is from the 1984 General Obligation Bonds for drainage improvements. Staff recommends award of contract to Palasota Construction, Inc. in the amount of $58,984.34 for the construction of drainage improvements. (~3.10) Consideration of entering into a development agreement with Clarke & Wyndham, Inc. o. 11) Consideration of entering into a development agreement with Begonia rporation for the development of a subdivision located west of Brandon Heights, Westchester Park, and Williams Court subdivisions. to3.12) Consideration of entering into a development agreement with Vaughn and Clark r the development of a subdivision to be known as Windwood Phase Seven. (3.13) Approval for staff to negotiate with ranked engineering firms for design and testing services at the Rock Prairie Road landfill. The engineering services are estimated to cost $27,000. The estimated construction cost is $220,000. The engineering and construction projects are included in the FY 93 budget. .14) Approval of four police enforcement motorcycles, Bid #93-03, Police epartment, funds available as budgeted in the FY 1992-93 General Fund, staff recommends award to Action Sports Kawasaki, total expenditure $28,480. (3.15) Approval of electric system materials for the Green's Prairie Substation Addition and Post Oak Substation Circuit Switcher Replacement, Bid #93-04, Public Utilities Technical Division. Funds available as budgeted in FY 1992-93 Utility Bond Budget. Staff concurs with the award recommendation by McCord Engineering, total expenditure, $358,263.41. (3.16) Request for ratification of change to annual microcomputer hardware contract, Bid #93-01. Recommend award to Qualice Network for warranty and installation and Compaq Computer for microcomputer purchase. PLATS t. 18) Consideration of a resolution authorizing the Mayor, City Manager, and City torney to acquire 10.41 acres in Wolf Pen Creek Corridor for use as a park, parking lot and other public facilities. Mayor Ringer made remarks to the audience regarding Windwood Phase Seven Development A.~reement (Item No. 3.12). The Council received the letter from Paul Willia.ms. The ~ouncil reviewed the items mentioned in the letter and agreed the rezomng of the property at this time is single family residential. Councilman Kennady removed Agenda Item No. 3.11 and No. 3.16. The remaining items were approved by common consent. City Council Regular Meeting Thursday, November 12, 1992 Page 3 Agenda Item No. 3.16 - Ratification of change to annual microcomputer hardware contract, Bid #93-01. Councilman Kennady asked if the city is continuing to work with the county to facilitate similar computer hardware. Mr. Charlie Shear responded to Councilman Kennady's comment. He stated that each entity is moving forward in the same direction. Councilman Brown moved approval of the ratification of the change to microcomputer hardware contract, Bid #93-01. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. A~,enda Item No. 3.11 - Consideration of entering into a development agreement with B~'~onia Corporation for the development of a subdivision located west of Brandon Helghts, Westchester Park, and Williams Court subdivisions. City Attorney Locke stated that Mr. Steve Arden presented a change to the lien document. She read the suggested change as follows: "Providing that if the owner makes early principle payments for partial releases such payments shall be credited against scheduled payments. In addition, under any circumstances, the maximum time period would be three years to pay total principle and interest amounts." Councilman Kennady supported the additional language if the City Attorney did not object. City Attorney Locke emphasized that any partial release liens would be considered by Council. Councilman McIlhaney arrived at 7:05 p.m. Councilman Kennady made a motion to amend the development agreement, Exhibit C, last paragraph to insert the language stated above. Councilman Kennady restated this statement. Councilman Crouch seconded the motion. Development Services Director Ash requested the council refer this item back to the staff for further review and place back on the December 10th agenda. Mayor Ringer reminded the council of the points discussed yesterday and the consensus of the council to include particular items. Subsequently, the remaining item to be resolved is the lien document. Councilman Schneider made a motion to remand this issue back to staff to consider this suggested change and place on the December 10th agenda for Council consideration. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. Asmnda Item No. 4-A l~bli¢ dth TAC Realty,Ina - - - Asst. City Attorney Neal Coates stated that one change was made to lower the insurance requirements for consistency with the nature of the franchise. City Council Regular Meeting Thursday, November 12, 1992 Page 4 Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. A~na~ Imm No. :5 - Oms!derstion of the secrmd re_ad;nv of a ~nchi~ a~ment ~th T~C ~, ~ TAC ~, ~ mint ~ a ~-fim~nehi~ ~~fi~ ~ ~ Councilman Brown moved approval of the second reading of the franchise agreement with TAC Realty. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. An~ndn Item No. 6 - A public henrino on the ~d nme_ndm~nt~ tO th~ 1992=~ ~n~. ~ ~ ~ a~~d m the pnli~ ~~ent ~r - - ~lt s~. ~ ~ ~~ a~d ~i~ ~ ~ ~t on ~m~; ~ 1~ '1~ ~t ~ n~ ~u~d ~ ~e ~~d or ~o~d b~t d~n~ th~ ~d~t Budget Director Charles Cryan addressed the Council. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Aa~nda Imm No. 7 - Consideration of an ol'dlnnnc~_ nrl_~na an nme_nrlmen_t_ tO l!f92-93 annual bud_Ret. --- - Councilman McIlhaney moved approval of Ordinance No. 1989 adopting the amendment to the 1992-93 annual budget. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. Anendn Item No. 8 - A public heari., tO ~.sider an ol"dinnn_e~ l~_.-nnlng .57 n___~es ~_~ A--P,Adm. lnls_t~m__t!v~ Pr_~___s_s!nn.! tO C-~ Bmlne~ _C~.mmer~nl, Property-!oc~d on th--. normwest comer of Spring Loop and University Driv~ (Itn 12, Block T, University ark). This item was withdrawn at the request of the applicant. A~_ nda Item No. 9 - Consideration of an ordinnn_eo re_lstfno tO the itbovo i_~_m This item was withdrawn from the agenda. l~nda Item No. 10 - A public hearing to _ennslder an ortl|nnnt'~_, l~_-_~n_n|n~ a ][~.rti__'on_ of 2 _(1.72 acre_s) located just adjacent and n___m~h of the C~dnr Creek Condrmnmiums off of University Dr more specifically the ~t sooth_em One Lincoln Place Sub~ision from~ A=P .Administr~.t~. Pro_f~_~!onn! tO C-B ~rnmerC~LL AppH~lt b Doll $ones~ P&~ ~_mmlss~cm_ r~c_ommelld_~d_ Bpprov~l- City Planner Jim Callaway explained the rezoning request. A detailed report of this item was included in the council packet. The staff and Planning and Zoning Commission recommended approval. City Council Regular Meeting Thursday, November 12, 1992 Page 5 Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Age~ nda Item 1~10. 11 - C.~na~derat/on ot~ an Ol'dinan_tj~ r~lat/n~ tO th~ abov~ i__tern. Councilman Crouch moved approval of Ordinance No. 1990 rezoning aportion of two lots (1.72 acres) from A-P Administrative Professional to C-B Business Commercial. The motion was seconded by Councilman Kennady which carried unanimously, 7-0. Age~ nda Item No. 12 - A public h__earln? on arn~n__drn~llt8 tO th~ o/l and_ ~na ordinan_t~_.~ Asst. City Attorney Neal Coates explained the proposed amendments. He pointed out the significant changes. Staff recommended two types of permits, high impact and low impact. Mr. Coates defined high impact permit as a well site within 1500 feet of an established use which required two public hearings and a consultant review of the application. The low impact permits would be considered administratively. Another change included those persons within 1500 feet of a proposed well received notice of an application to be considered by the City Council. The 1500 ft. distance was based upon the recommendations of the consultant. Insurance requirements have been raised to $1,000,000 from $500,000. City Engineer Pullen remarked about the change of the distance requirements. He referred to a map showing the previously permitted Swoboda, Raintree and Wolters wells. Mr. Pullen pointed out that a public impact study was conducted on the two high impact wells. However, this study may not be sufficient for other well sites in the city. Mr. Pullen emphasized that the process could be approached in a more expedient manner for those types of oil permit applications in which the well site is not near the public. Mayor Ringer opened the public hearing. Mr. Ernest Bruchez, 2804 Brothers, addressed the Council. He presented statistics regarding oil production in Brazos County. He commended Neal Coates and David Pullen for their work on this ordinance. He presented geographical data of College Station and the results show fourteen potential drill sites remaining within College Station. Mr. Bruchez explained several concerns by the oil industry. The industry was opposed .to the notification requirements and the amount of time (135 days) to process high impact permits. He commended the staff for expediting the process for low impact permits. The industry objected to the time period for the high impact permit process, 135 days. In conclusion, he requested the ordinance revision be considered at a later time to permit the staff to receive written comments from the industry. He added that the industry is attuned to its responsibilities to the citizens and environment and the College Station citizens. He requested the opportunity to work with the city in a partnership to achieve these goals. City Council Regular Meeting Thursday, November 12, 1992 Page 6 Councilmembers addressed questions to Mr. Bruchez. Edward Hayden, Sr. 5324 Briar Tree, Dallas came forward representing Inco Oil Corporation and HH Exploration. He commented there are many significant restrictions that would discourage operators from drilling in the city limits. He urged the council to allow the industry an opportunity to review this ordinance with the staff and the City Council. Mr. Hayden highlighted the economic benefits of the oil production in College Station. Tony Davidson, 1000 E. University Drive, College Station representing Bryan Woodbine Company, asked the Council to allow the industry an opport'unity to work with the city. Chris Cirone, 3813 Westcliff Road, Ft. Worth, representing Union Pacific Resources came forward. He also requested the opportunity to meet with staff. Lee Patrick, 14934 Ben Ali, San Antonio, representing Sage Energy Co. addressed the Council. He has submitted an application to the city for a drilling permit. He reiterated it is important to address their concerns to the staff. Jimmy Hodges, 4307 Birchcrest, Bryan, representing Central Plains Oil & Gas addressed the Council. Mayor Ringer dosed the public hearing. 3utenda Imm No. 13 - Cnns!~rafi_'_nn of an ol'dinan_~_ .m~ndlm~ _Clh_~_p~r 4, -_~_-~on 13 nf ~ Codo of Otdillallces l~latino= tO the Oil and gna orffinarL~_._ - Councilman Brown made a motion to remand this item to staff and request staff to take into consideration comments made by the industry and meet with the industry. Mayor Ringer added to the motion that the staff also meet with concerned residents. Councilman Schneider seconded the motion. Councilman Gardner remarked that the issues in this ordinance involve economic decisions. Mayor Ringer stated that staff demonstrated the council's desires in writing the amendments to the ordinance. He suggested council give direction to staff about changes to the ordinance, or have the council subcommittee work with staff. Councilman Crouch suggested council provide staff direction tonight. Councilman Kennady made observations about the ordinance. Councilman Schneider agreed with Councilman Kennady. He complimented the industry representatives for their comments. Councilman McIlhaney stated the council should be sensitive to the staff time already allocated to this issue. City Council Regular Meeting Thursday, November 12, 1992 Page 7 Councilman Brown asked staff to ascertain if the City of Bryan also requires similar regulations. Mayor Ringer asked that written comments be submitted to the City as quickly as possible. A date was not determined for further council consideration. The motion carried unanimously, 7-0. Mayor Ringer suggested that council may wish to place this item on a workshop meeting in order that staff be given clearer direction. Mayor Ringer thanked the visitors from the oil industry for attending the meeting. A~nda Item No. 14 - Hear Vhitors. Ms. Donna Whipple, 1501 Holleman, #188, came forward. She asked if the city had regulations to address the parking problems at Blinn College. She indicated that Pcaarking is inadequate for the number of students attending the college. City Planner llaway acknowledged the fact that there is a problem with parking. Mayor Ringer announced that Councilman Brown is willing to visit with the students about this problem. City Manager Ragland reported that he spoke with Blinn College officials and they indicated arrangements are being examined for a shuttle service. Mr. Richard Talbert, 1207 Van Horn, addressed the Council regarding concerns about the acquisition of parkland in the Wolf Pen Creek Corridor. He further stated that the citizens voted against expanding Wolf Pen Creek in the last bond election. He added that the city set a bad precedent to continue to acquire land in the second phase when the majority of voters opposed further development. Mayor Ringer responded to clarify the proposition on the ballot. The proposition was a proposal to develop Phase II of Wolf Pen Creek which was defeated. However, this property is not part of Phase II of Wolf Pen Creek. Again, this property will be utilized an enhancement to the existing Wolf Pen Creek Amphitheater project, possibly providing additional parking, etc. The council believed parking is important to the value and enhancement of this project. Councilman Gardner asked Mr. Talbert for his comments about the entire project. Mr. Talbert responded that the citizens should have a say in the matters of spending public money. Dixie Dale, 3512 Parkway Terrace in Bryan, addressed the Council. She recalled at a previous council meeting in 1984 or 1985, the Wolf Pen Creek concept was discussed. The landowners present were not interested in the corridor at that time. The perception of the landowners was that the Wolf Pen Creek Corridor was a vision for the city, but they did not realize the project would be built this soon, especially with the economic problems in this community. She further stated there are social needs in this community which are not addressed. Ms. Dale presented concerns about inadequate lighting at the park and the lack of public phones in the park. Mayor Ringer reported that the City of College Station has funded the Prenatal Clinic $396,000 over the past five years. Councilman Kennady stated his opinion in that the city should obtain voter's consideration in the purchase of additional land at Wolf Pen Creek. City Council Regular Meeting Page 8 Thursday, November 12, 1992 (A~nda Item No. 15 - Clmed session to rec~iv~ ~taff report _[6252-17(2)(r)_1. 15.1) Staff Report [6252-17(2)(r)] a. Legal Report The council moved into closed session at 8:55 p.m. Awnda Item No. 16 - Action on closed session. Thc council came back into open session at 9:40 p.m. No action was taken. A~nda Item No. 17 - Ad_iourn. Mayor Ringer adjourned the meeting at 9:40 p.m. ATTEST: ~onnie Hooks APPROVED: