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HomeMy WebLinkAbout08/13/1992 - Regular Minutes City CouncilTH~DAY, AUGUST 13, 1992 7:00 P.M. Mayor Pro-tem Brown, Councilmembers Gardner, Crouch, McIlhaney, Schneider, Kennady Mayor Ringer City Manager Ragland, Assistant City Manager Brymer, Executive Director Management Services Piwonka, Executive Director Fiscal Human Resources Schroeder, PARD Director Beachy, Forestry Superintendent Albrecht, City Attorney Locke, City Secretary Hooks, Public Information Officer Calliham VISITORS PRESENT: See guest register Aae~ Item No. 1 - Sismiu~ of a prp_ clamafion designating the week of September 17- 1992 as "Consfitutio~ W-~ek" iu Collel{~ Station. Ms. Mary Bell was not present at this time to accept the proclamation read by Mayor Pro-tem Brown. He continued the meeting. Asenda Item No. 2 - CON~ENT AGENDA. t2.1) Approval of minutes for the Workshop Meeting, July 16, 1992, regular meeting, uly 22, 1992, and Budget Workshop Minutes June 30, 1992. (2.2) Approval to increase the distribution of BVSWMA retained earnings to the respective sanitation collection systems. .~.3~. Consideration of a resolution authorizing the Mayor to execute a contract with TexDot for the maintenance of illumination to be installed as a part of TexDot project C 506-1-42 FM 60 widening. (2.4) Consideration for approval of 1992-93 CDBG final statement and resolution authorizing the Mayor to execute documents regarding its submission to HUD; and authorization for allocation of remaining 1991-92 CDBG funds. (2.5) Consideration for approval of Community Development projects requiring council approval are: Contracts were let for more than $10,000. (2.6) Consideration of a final amending plat - Lot 5, Block V University Park Section II and all of Block D of University Park Section I. Councilman Crouch removed Agenda Item No. 2.2. The remaining items were approved by common consent. Charles Cryan explained that the BVSWMA Board recommended the distribution of $600,000 from retained earnings to Bryan and College Station municipal sanitation collection systems. Included in the budget is $502,058. The council is asked to approve an additional $100,000. Councilman Crouch asked if this money could be utilized toward land purchase of a City Council Regular Meeting Thursday, August 13, 1992 Page 2 future landfill. Mr. Cryan replied that both collection services need operating funds at this time. Mr. Ragland mentioned that a study is being conducted for future landfill needs. Councilman Crouch moved approval of an additional $50,000 of retained earnings to be distributed to each city for a total of an additional $100,000. The motion was seconded by Councilman Kennady which carried unanimously, 6-0. A~nda Imm No. 3 - Consideration of an ordinan~ vses_tln~ ofa~., alleyway Iota_ ~d l~hin, d th~ 0)_11e8~ H1'11~ Estates Sho~'ng ¥1'11a? _A!~_ licant Joe Fontamu Tim item returned from 7-22-92 mcetin_~ City Attorney Locke explained that the applicant was notified incorrectly of the last council meeting time; therefore, she has brought this issue back to the council to give Mr. Fontana the opportunity to state his case. She showed slides of the alleyway and its proximity to other businesses. Mr. Joe Fontana, 1216 Munson, addressed the Council. He indicated that this alleyway has been a problem for a number of years and is now out of control. He stated liability concerns because the alleyway is on his property. It has also become a nuisance. Bland Ellen, CS Fire Marshall stated that the alleyway would be the only access for fire trucks to provide emergency services to these businesses. Mitch Morehead of Acme Glass, 2605 Arbor Drive, Bryan addressed the Council. He stated his opposition to the closing of the alleyway. Lawrence Carter, Public Utilities Dept. stated that the city needs the alleyway for access to perform maintenance or repair services to the sewer or water lines. Councilman Mcllhaney made a motion to delay action on this item and ask staff to work with Mr. Fontana and other business owners to seek a compromise. Councilman Gardner seconded the motion. Discussion was held on the motion. City Attorney Locke noted that it is staff's position that there is an implied dedication and public use over a number of years. The motion was defeated by a vote of 2-4. FOR: Councilmembers McIlhaney and Gardner AGAINST: Mayor Pro-rem Brown, Kennady, Schneider, Crouch Ag,_ nda Item No. 4 - Public Cnrnrnan_ts_ and co_nsiderati_'_rm_ of land ~_~_. & Th___m'onshfam. recommendations in the 2818 Exte~on s~_dy sxes_ Senior Planner Jane Kee described this item. At the meeting of April 22nd, the Council consented to accept the revised land use plan recommended by the Council Development Policies Subcommittee. The property owners were notified at the direction of the Council and several were present to speak on this issue. City Council Regular Meeting Thursday, August 13, 1992 Page 3 Ms. Kee reported the recommendations included in the subcommittee's conceptual land use plan. Culley Lipsey, 1021 University Drive East addressed the Council. He represented Martin Hsieh, owner of property which is proposed to change to low density residential. He objected to the low density residential classification. Mr. Lipsey requested that the council table action on this request to allow his client and the Mile Drive property owners to reach a compromise. Clint Bertrand, 120 Millers Lane addressed the Council. He expressed concerns on the ~iossible land use changes on Miller Lane, Morgan Lane, and the 2818 extension area. e hoped to work with the Council on these issues. Gall Griffin, 108 Mile Drive addressed the Council. She emphasized that the residents of Mile Drive do not want anything else but R-1 in their immediate area. They concurred with the proposed plan. A1 Bormann, Jr. 113 Mile Drive came forward and stated that he is in favor of low density use for Mile Drive. Dan Williams, 1118 Millers Lane came forward to express his support of the plan. Henry Etta Madison, 7801 Keswick Drive, Austin came forward. She owns property along the Bypass north on Krenek Tap Road. She asked the council to reconsider changing the property from high density residential to commercial. John Jordan, 117 Millers Lane came forward to express his support of the plan. Councilman Kennady hoped the council will allow time for Mr. Hseih to work with the Mile Drive property owners. Councilman McIlhaney pointed out that Mr. Hseih property is currently residential. Councilman Crouch made a motion to table the adoption of this plan until we look at the entire land use plan for the city. Councilman Kennady seconded the motion. The motion failed by a vote of 2-4. FOR: Councilmembers Kennady and Crouch AGAINST: Mayor Pro-tem Brown, Councilmembers Schneider, McIlhaney, Gardner Councilman Mcllhaney made a motion to adopt the subcommittee proposed plan to be clearly identified as a conceptual plan. The motion was seconded by Councilman Schneider which carried unanimously, 6-0. Mayor Pro-tem Brown presented the proclamation to Mary Bell for Constitution Week. City Engineer David Pullen explained that this oil well is to be located in the Raintree/Emerald Forest area near the intersection of Bee Creek and Carter Creek. City Council Regular Meeting Thursday, August 13, 1992 Page 4 Staff recommended the following: 1) Access to the site be restricted to the Sewer Plant Road. 2) A bond of $25,000 be posted to assure prompt repair of damages which may occur to the access road. 3) Equipment used in the exploration and production of well be similar to the operating wells of Swoboda Well #1 and Raintree #1. 4) Engage consultant from the previous wells to review that study and make specific recommendations regarding this application. 5) Surface casing be set to a depth of 2250 feet. Mr. Pullen indicated that the impact study is complete and is scheduled for review with the homeowner's association on August 21st. Mayor Pro-tem Brown opened the public hearing. Ernest Bruchez, attorney representing the petroleum company spoke on behalf of the application. Mr. Bruchez presented slides and overhead visuals. He emphasized that the oil company will not utilize Sebesta Road as an alternate access to the site. Mr. Bruchez requested council's approval of the permit. Cindy Wolfe, 2200 Bent Oak, addressed the Council. She expressed concern about Sebesta Road serving as a secondary access road. She presented photos of her backyard abutting Mr. Wolter's property and Mr. Fletcher's property. Other concerns expressed related to the standing water on Mr. Wolter's property. She asked the council to look at the floodplains and creeks in the area in reviewing the impact study. She added that she is not opposed to the well. Gary Thompson, 9212 Shadowcrest, spoke to the Council. He commented that Omni Petroleum is a reputable drilling company. Mr. Dick Fletcher, 9007 Sandstone stated that he was not notified of the hearing. His concern is the floodplain in this area. Mayor Pro-tem Brown closed the public hearing. A~enda Item No. 6 - Consideration of an applica6on_ f_m._ off and ooss O?~_ratinna permit Omni Petroleum Corp, _for Wolters U-n{t wen #1, a Councilman Schneider moved approval of the oil and gas permit to Omni Petroleum Corp. for Wolters Unit Well #1 for a horizontal well. The motion was seconded by Councilman Kennady. Councilman Crouch made an amended motion to approve the permit to include the staff recommendations with the deletion of Item E, and to include any recommendations from the impact study recently completed. Councilman Gardner seconded the motion which carried by a vote of 5-0, Councilman McIlhaney abstained. Councilman Brown read the staff recommendations for the public. City Council Regular Meeting Thursday, August 13, 1992 Page 5 A~enda Item No. 7 - A l~_blic hesrin, to _consider an ordlnnn~ nmen_dlna th~ 7nnlna O~llngn_~ l~_l_Ativ~ tO psridn_~ reqUil~jn~nts _for ll~exHc~l and_ d~nt.l elinirs_- -- - Senior Planner Kee stated that the a request was received from Page, Southerland, Page, architects for Scott & White Clinic to review the City's parking requirements for medical clinics. An ordinance amendment was requested for a parking requirement based on size of clinic. Staff and Planning and Zoning Commission recommended approval of the ordinance amendment. Mayor Pro-tem Brown opened the public hearing. Ms. Dawn Suehs, 1719 Dillon in Bryan, addressed the Council. She is office manager for the Rosewood Psychiatric Building and asked if this ordinance would apply to existing businesses. Mr. Brown replied that it pertains only to expanding or new clinics. Mayor Pro-tem Brown closed the public hearing. ~A~tiven__ct~_ I~m No. 8 - Consi_~_rstlnn of ~. ordlnsn_eO_. Amen_din= th~ Zoning Ordlnsn~. tO parking requi~ments _for med~eJal and dontal ¢llni~_ Councilman Crouch moved approval of Ordinance No. 1968. The motion was seconded by Councilman Gardner which carried unanimously, 6-0. Agenda Imm No. 9 - A public hearing on the secs3nd reading of an ordlnsm~ Illamtlng a franchia~ tO Scott & Whit~ Memorial Hmgitat - - Cheryl Rayner explained that the application fee was calculated as $550.00 and the yearly franchise fee of $1.00 for each telephone and computer connection. Discussion was held on the amount of the yearly franchise fee. Mayor Pro-tem Brown opened the public hearing. No one spoke. Mayor Pro-tem Brown closed the public hearing. Aszenda Item No. 10 - Consideration of th-. second readina of the ord|nsnee_ ~lllltin_o a frinchise tO Scott & Whit~ Memorial Hospital - Councilman Schneider moved approval of the second reading of the ordinance to grant the franchise to Scott & White Memorial Hospital The motion was seconded by Councilman Crouch which carried unanimously, 6-0. A~nda Imm No. 11 - Consideration of an ordinance_ Amen_d{'nu Chsp~r 4~ Secgnn 16 ortho Code relatin~ tO th~ oD~nin~ and _c{_osin_~ of {;[raves, instsT, llnfion of c~ntsain_~r~, And_ se_tt~n_o Of m~nme~t8 ands/or rr~su_sO_~_enrnd ...... Forestry Superintendent Ross Albrecht addressed this item. He explained that the proposed ordinance amends the current ordinance with changes in the insurance requirement and requires services performed on the cemetery property to meet the licensing requirement, such as installment of outside containers and setting monuments. Councilman Schneider asked if the Cemetery Committee reviewed the ordinance. Mr. City Council Regular Meeting Thursday, August 13, 1992 Page 6 Albrecht responded that he did not review this ordinance with the committee. Rocky Choate, owner of Choate Memorial Company in Bryan addressed the Council on several issues of this proposed ordinance. For instance, the licensing procedure is not necessary since the Cemetery Sexton approves the monuments which are placed in the cemetery. He also stated that the proposed insurance liability standards are excessive for the type of equipment that is used. Mr. Choate expressed several additional concerns. Councilman Schneider made a motion to table the ordinance and send to the Cemetery Committee for committee review and place on the second council meeting agenda in September, and adding a public hearing to the agenda. Councilman Crouch seconded the motion which carried unanimously, 6-0. Mark Wolff asked Ross to mail a similar letter as before to all interested parties. also questioned the enforcement of this ordinance. He A~enda Item No.12 - Third resdino and public hen__rln~ fro'_ an ordinRn_ce gra__ntin? sa ~_~eline franchise to Aquila Southwest l'ipuline Corporation- City Attorney Locke mentioned that this is the final reading on the ordinance. Mayor Pro-tem Brown opened the public hearing. No one spoke. Mayor Pro-tern Brown closed the public hearing. Atenda Item No. lto3 - Conmi~ra_t!_rm_ of the third m~_dln~ of the ordlnRne~ 81'a__ntin~ pi~eline franchise Aquila Southwest Pipeline Corporgtion- -- - Councilman Kennady moved approval of the third reading of Ordinance No. 1969 granting a pipeline franchise to Aquila Southwest Pipeline Corporation. The motion was seconded by Councilman Crouch which carried by a vote of 5-0, Councilman McIlhaney abstained. Agenda Item No. 14 - Hear Vhitors. Charlene Britton, 122 Southland, approached the Council. She notified the council of the improvements needed on Southland Street. She presented a petition to the Council regarding the problems associated with the creek off Southland street. Age_ nda Item No. 15 - Closed session to receive staff relmrt [6~2-17(2~(r~1. aex!ui~fion [6252-17(2~fffl] and l~endinr.= li6~n_ti_'on_ [6~q2-17(2'~(e)]. ' ....- (15.1) Staff Report a. Legal Report (15.2) Land Acquisition a. Parkland b. Right-of-way (15.3) Pending Litigation a. Tony Johnson The council moved into closed session at 9:45 p.m. City Council Regular Meeting Thursday, August 13, 1992 Page 7 A~n~ Imm No. 16 - Action on closed s~ssion. The council moved back into open session at 10:50 p.m. Councilman Crouch moved to authorize staff to consummate the agreement on the RTC property bid previously. The motion was seconded by Councilman Kennady which carried by a vote of 5-1, Councilman Gardner voting against. City Secretary Connie Hooks Mayor Lal'r~Jk.~l~!~r GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSD&Y AUGUST 13, 1992 7:00 P.M.