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HomeMy WebLinkAbout01/23/1992 - Regular Minutes City Council~rlUP, i~IAY, JANUAR'i' ~3, 19911 7.'00 P.M. Mayor Ringer, Councilmembers Brown, Birdweli, Crouch, Gardner, and Mc]lhaney Councilman Schneider City Manager Ragiand, City Attorney Locke, City Secretary Hooks, Assistant City Manager Woody, Assistant City Manager Brymer, Development Sen, ices Director Ash, Assistant City Attorney Coates, Senior City Attorney Nemcik, Public Information Officer CallLham, Executive Director Management Services Piwonka, Executive Director Fiscal/Human Resources Schroeder John Lauletta See guest register. ~ !__teat_ No. I - ~__~h,~ of a nroc__-!,,,r~,_,~n_ ,4,.,~__,~-*~a Tsn,-W 26-31, 1~ · Catholic Schools Week'. Ms. Amy Wise from the St. Joseph Catholic School accepted the proclamation signed by Mayor Ringer. Mayor Ringer presented historic plaques to the following residents: Plaque #13 - Mark and Lisa Sicilio of 210 Lee Plaque #16 - Neeley & Becky Lewis of 120 Lee Plaque #17 - Elsie Patranella Sauer of 100§ Puryear Item No. 3 - CO~ (3.1) Approval of minutes for the Workshop Meeting, January 8, 1992, and Regular Meeting, January 9, 1992 (3.2) Consideration of recommendation to refund 1990 property taxes to Resolution Trust Corporation in the amount of $2,070.16 due to the agreed judgment on property values. (3.3) Request for approval of the Electric Rate Ordinance City Council Regular Meeting Thursday, January 9.3, 1999. Page 2 (3.4) Consideration and approval of proposed amendments to the College Station Code of Ordinances, Chapter 4, Section 4 Business Regulations, regulating Special Events. (3.5) Consideration of an ordinance amending Chapter 10, Section 3-E(9.)(g) of the Code of Ordinances relating to speed zones. (3.6) Consideration of an ordinance vacating and abandoning a portion of a public right-of-way situated adjacent to Block SA, College Park Addition in the City of College Station more commonly known as Galloway Avenue. (3.7) Consideration of revised user fees for recreation programs and park facilities. (3.8) Consideration of revised fee changes for the Conference Center. (3.9) Request for purchase approval of replacement telephone systems for miscellaneous departments at City Hall, Community Development, Police Department and Municipal Court, Bid #92-25. Staff recommends award to GTE Southwest as low bidder. The total expenditure is $69.,056.09. Funds are available as approved in the FY 1991-92 budget, Maintenance of Existing Programs, Capital Equipment Fund. (3.10) Request for purchase approval of two (2) Compact Tractors, Bid #92-24, Parks Department, General Fund, staff recommends award to Brookside Equipment Sales, Inc. as low bidder meeting specifications, total bid price $10,820. Funds available as budgeted in the Fi" 1991-99. General Fund, Parks Maintenance Division. The ordinances on the consent agenda were removed for consideration, Items No. 3.4, 3.5, and 3.6. Mayor Ringer withdrew Consent Agenda Item No. 3.3 from the consent agenda, the ordinance for electric rates will be presented at the next council meeting. The remaining items were approved by common consent. Aqenda Item No. 3.4 - Consideration and approval of proposed amendments t,~ the Code of Ordinances, requlatinq special events. City Attorney Locke referred to the revised copy of the ordinance located at the councilrnembers place. She noted the change includes the fire marshal or his delegate, chief of police or his delegate, and Director of Utilities or his delegate. Councilman Birdwell moved approval of Ordinance No. 1936 amending the Code of Ordinances by amending Chapter 4, Section 4 Business Regulations, regulating special events. The motion was seconded by Councilman Crouch seconded the motion which carried unanimously, 6-0. City Council Regular Meeting Thursday, January 23, 1992 Page 3 Aaenda Item No. 3.5 - Consideration of an ordinance amending Chapter 10, Section 3-E(2)(q) of the Code of Ordinances of the City of College Station relatin_a to speed zones. Councilman Brown moved approval of Ordinance No. 1937. The motion was seconded by Councilman Mcnhaney which carried unanimously, 6-0. Agenda Item No. 3.6 - Consideration of an ordinance vacating and abandordnq a portion of a public right-of-way on (.~alloway Avenue. City Engineer Pullen explained this item. The right of way is 62 1/2 ft. wide. As proposed, the abandonment extends the side of Welsh Street and typically no need to require additional right-of-way. Mayor Ringer clarified that there would be no need to use this abandoned land for right-of-way. Councilman Birdwell moved approval of Ordinance No. 1938 to vacate and abandon a portion of a public right-of-way on Galloway Avenue. The motion was seconded by Councilman Crouch wMch carried unanimously, 6-0. Executive Director Linda Piwonka addressed the Council. The item was placed on the agenda as council's first review of the ordinance. She noted that the latest revision of the ordinance was provided to the council. Mr. Larry Monroe of Municon Consultants presented specific features of the ordinance and a brief overview on the purpose of the ordinance. Overhead visuals were displayed for the audience. _Aaonck Item No. 8 - A public hes.,tng on Mul~-Chsnnel ___.~'~__e Prov~_d,~ Ordinance. Mayor Ringer opened the public hearing. Mr. Randy Rogers of TCA Cable addressed the Council. He appreciated the opportunity to discuss the proposed ordinance in a public hearing. He addressed sections of the ordinance which TCA supports and also the statements in the ordinance that TCA disputes. As part of his statement, he requested the council impose the same obligations on all MCS providers that provide substantially similar service. TCA is concerned that the ordinance regulates cable televisions f'u'ms and not all MCS providers. Mr. Rogers presented several recommendations to the council regarding changes to the ordinance as follows. 1. City consider imposing the same obligations on all MCS providers that provide substantially similar service. City Council Regular Meeting Thursday, lanuary 23, 1992 Page 4 1. City consider an ordinance which facilitates the development of optimal systems not associated with current technology, but are consistent with community needs and the customer's willingness to pay. 2. City ut~]~.e the franchise fees to cover the cost of regulating MCS providers or funding the operation of access channels. 3. TCA requests that the cost to administer the franchise be reimbursed from the fees collected. 4. TCA request that the city delete the inconsistent and redundant sections of the ordinance. §. TCA request to limit the franchise fees to revenues derived from customers receiving cable services. Also, not r~-~e franchise fees unless the public favors tax increase. 6. TCA request that a minimum channel requirement not be established. Mr. Rogers continued to state his disagreement with several provisions in the ordinance. He requested that the responses on January 17th be added to the public record and his statements tonight be placed into the public record. Mr. Monroe commented on several issues in response to Mr. Rogers statements. First, the ordinance is intended to be a part of an overall city telecommunications policy. Secondly, the ordinance allows any operator to request relief from any aspects of the ordinance which the operator may find burdensome or onerous. Thirdly, he disagreed with Mr. Rogers statement regarding the issue that the ordinance increases cost without providing benefit to subscribers. He clarified that the Federal Cable Act explicitly does not limit franchise fees to be based on subscriber revenue. After further comments were made by Mr. Monroe, he answered questions from the council. Councilman Brown asked why the city would want to require a location in College Station. Mr. Monroe replied that during discussion with TCA, they were assured that the city would probably grant relief for building a local facility in College Station. But the staff has raised the issue of having a bill paying facility to accommodate the residents on the south side of town. Mr. Monroe pointed out to the Council that this ordinance was not written for TCA. The ordinance sets a minimum standard from which relief can be granted. Councilman Brown also asked if the ordinance imposes special fees on City Council Regular Meeting Thursday, January 23, 1992 Page businesses that advertise on cable. Mr. Monroe replied that the cable television is not equated with any other local media. The Cable Act sets what the franchise fee can be to the maximum allowable. City Manager Ragland stated that the council should keep in mind that there is a distinction between the franchise ordinance and the regulatory ordinance. This is not a hearing on the franchise agreement. Mr. Monroe attested to Mr. Ragland's statement. He noted that this multi-service ordinance is intended to regulate all operators. Mayor Ringer closed the public hearing. Councilman Birdwell expressed his views on the draft ordinance. He commented that the ordinance includes numerous duplication of words and it also does not state several issues that he believed the council should have discussed before the ordinance was drafted. He referred to particular sections of the ordinance that he did not feel were reasonable provisions. Councilman Brown agreed with the comments made by Councilman Birdwell. Mayor Ringer clarified that this ordinance is to ensure that the city has something in place that will keep up to date with development. He mentioned that a council workshop is a good time to address council concerns. Councilman Crouch stated that the ordinance should allow as many possibilities stated in the ordinance to protect the citizens rights to have what they deserve and also what they may want to pay for. Mayor Ringer mentioned to the City Manager that a workshop meeting should be set to d~-~cuss this issue. _Aaet,_-dn T_tnm No. 6 - A p.l~11n ~__~ing to ~~~ ~ ~'~ Use P~ ~ a ~g ~t ~at~ at 1022 F~ for ~'s ~~t. A ~,~!~ b~ ~o ~~ ~ ~ ~ ~6, 1992, ~o ~_~ ~ ~ ~1 ~ ~; P&~s d~t.l ~ a ~ ~ f~ ~e ~a ~t. Senior Planner Jane Kee explained the events to date. She reviewed the survey conducted by staff on the parking situation at Chili's and the City Hall parking lot. Chili's also provided information to the Council regarding the parking situation. Ms. Kee indicated that it appears the initial overcrowded parking situation has decreased since the opening of Chfli's. Staff recommended against the use permit to allow the parking lot on the vacant Chili's property. City Council Regular Meeting Thursday, January 9.3, 1992 Page 6 Mayor Ringer opened the public hearing. Mr. Craig Wort'all, General Manager of Chili's, 3304 Wfldrye, addressed the Council. He agreed that the parking problem has subsided, but he knows of instances where people drive the parking lot and cannot find a parking space, leave the premises. He noted that usually every night, there are six to ten cars in the city hall parking lot. This remains a problem for the business. Mr. Wort'all noted that the additional parking space will be used by the employee parking. Ms. Ruth Ann Powell of 109.0 Foster addressed the Council. She stated opposition to the proposed parking lot next to her home. Mr. Robert Myer of 308 Pershing approached the Council and stated his concerns about the proposed parking lot. He encouraged the council to look at this issue with an overall view of the residential area. Ms. Harriette Andreadis of 200 Francis spoke to the Council. She stated that she has not changed her mind since the d~cussion. She noted that the parking has dhninished. Ms. Monique Hughes, Foster Street, stated opposition to the parking lot. Mr. John Mayfield, a student at A&M who resides on campus addressed the Council. He suggested that a sign be placed on the Chili's parking lot to refer the patrons to park in the city hall parking lot if the Chili's parking lot is full. Mayor Ringer closed the public hearing. Councilman Brown made a motion to deny the appeal for a conditional use permit and uphold the Planning and Zoning Corrunission's decision to deny the permit. The motion was seconded by Councilman Crouch. She indicated that she conducted a survey and it appears that the patrons can ut~l~.e the city hall parking lot without any problems. Other councilmembers commented in support of the motion. The motion carried unanimously, 6-0. City Council Regular Meeting Thursday, January 23, 1992 Page 7 _Aaencl~ Item No. 7 - A l:Ghlto heezhm on the ~ of~ sevin'al traots Grshsm lk~_d m~d the west skie of Wellborn l~,..d, southwest and ,,dJsoent to City Planner Jim Callaway explained this item. Six property owners have petitioned for annexation. This public hearing is the first of two public hearings. This area includes the six properties petitioned and it also includes areas that did not petition for a total of twenty-two parcels. He addressed the advantages of this annexation. Most importantly, is the electrical service to the area. Mr. Callaway also mentioned that there are disadvantages such as opposition to the proposed annexation. There is also a question of cost recovery in relation to the sewer line. Mr. Callaway noted that the preliminary projections show a net fiscal impact to the City of College Station of approximately $11,000-$23,000 per year. Mr. Callaway summarized the service plan. He mentioned that the City has agreed with the County, upon reconstruction of Graham Road by the county, the city would maintain length of the street whether or not it is within the city limits. City Manager Ron Ragland pointed out that the County intends to upgrade the road within the next six months. Councilmembers raised questions. Mayor Ringer opened the public hearing. Mr. Page Hener of Micon Engineering addressed the Council. He expressed his opinion in favor of the annexation, but with reservations. He proposed to the council to give more consideration to the area as a whole for attracting more industry. His main concern is the existing condition of (~raham Road. Mr. Botts of Oceanography International, Inc. came forward to speak in support of the annexation. He emphasized that the company will rely on sewer services and higher quality electrical service to conduct his business in the future. He encouraged annexing the entire area. City Manager Ragland pointed out that the standard of the road can be addressed apart from the annexation. Mr. Steve Arden representing Dr. Van Reit addressed the Council. He City Council Regular Meeting Thursday, January 9.3, 1999. Page 8 expressed Dr. Van Reits' support of the annexation. But he noted that he would oppose parallel adjacent utility easements. Mr. Kirk Brown of Kirk Brown and Associates addressed the Council. He stated his opposition to the annexation mainly because of the lack of information he has received and also the manner in wMch the city annexes "piecemeal" parcels of land. He proposed that the entire Graham Road be annexed. He expressed concern about the property owner's cost for these services. Mayor Ringer stated that he has provided the staff with Mr. Brown's letter and asked them to address his questions. Mr. Heller spoke to the council. He mentioned the need to withdraw his support for property owner assessments for improvements on Graham Road. He added that the assessment of the road does not meet the goal to secure the city in a position to support economic development for this area. Mayor Ringer closed the public hearing. He announced that the second public hearing will be held on February 7th, and comments should be forwarded to the staff regarcfing the proposal and the plan. Councilman Crouch commented that the staff should provide the property owners a fiscal impact study to assist them in making decisions, as wen as the city. City Manager Ragland commended the staff for their hard work in gathering this data and preparing this preliminary information in such a short time, since council's direction two weeks ago. Councilman Crouch asked if the staff could prepare a financial impact scenario for the annexing entire road. Aaend~ Item No. 8 - A public he~lng regsrdtng the sssessrnent of ~n sbuttln_a ~ owner for the construction of a portion of Welsh Street. Assistant City Attorney Neal Coates described the item. The ordinance states an assessment of $34,900 to Fossil Mound for the construction of a 675 foot portion of Welsh Street. Mayor Ringer opened the public hearing. No one spoke. City Council Regular Meeting Thursday, January 23, 1992 Page 9 Mayor Ringer closed the public hearing. ~utttna ~ ownar ~or the construction o! - ~ o~ Welah Street. Councilman Birdwell moved adoption of Ordinance No. 1939 for the assessment of $35,900 to Fossil Mound Corporation for the construction of a portion of Welsh Street. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. Agench Item No. 10 - Hear Visitors. Mr. Bill Fox, 1700 Frost in Foxfire Subdivision addressed the Council. He is present to speak on behalf of the Foxfire Board with respect to the possible annexation of Foxfire Subdivision. He asked council to consider the question of annexation of Foxfire. Mayor Ringer asked staff to begin looking at tl~ annexation. Agen~ Item No. 11 - Closed session to receive staff~ discuss Ixarsonnel [621~17~_~_ ~a_~]. hnd 8cauJsttlon [6252.-17(~)¢f)L and sendlna IM ~.~ralk)n r62u~.17(21 (e~l. (11.1) Staff Report [62S2-17(Z)(r)] a. Legal Report (11.2) Personnel [6252-17(2)(g)] a. Alternate Municipal Court Judge (11.3) Land Acquisition [6252-17(2) (f)] a. Parkland Acquisition (11.4) Pending Litigation [6252-17(2) (e)] a. Cecil Cloud The council moved into closed session at 10:00 p.m. Aaenda Item No. l g - Action on closed session. The council moved back into open session at 11:30 p.m. Councilman Crouch made a motion to appoint Randy Michel to the position of Interim Assistant Municipal Court Judge. The motion was seconded by Councilman Brown which carried unanimously, 6-0. Councilman Birdwell moved to accept the staff's recommendation of a workers compensation claim for Cecil Cloud in the amount of $11,500 plus one year medical. City Council Regular Meeting Thursday, January 23, 1992 Page 10 Councilman McHhaney seconded the motion which carried unanimously, 6-0. Agead~ Item No. 13 - Adjourn. Mayor Ringer adjourned the meeting at 11:32 p.m. Ci~TSecretary Connie Hooks APPROVED: GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 23, 1992 7=00 P.M.