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HomeMy WebLinkAbout12/10/1992 - Regular Minutes City CouncilT~DAY, DEC~ER 10, 1992 7:00 P.M. COUNCII-MN. MBERS PRESEll:Mayor Ringer, Councilmembers Brown, Schneider, Mcllhaney, Gardner, Kennady, Crouch City Manager Ragland, City Attorney Locke, City Secretary Hooks, Executive Director Management Services Piwonka, Executive Director Fiscal/Human Resources Schroeder, Asst. City Manager Brymer, Asst. City Manager Woody, Public Information Officer Calliham, Senior Planner Kee, Staff Planner Kuenzel, City Planner Callaway, Asst. City Attorney Nemcik, Asst. City Attorney Coates See guest register Mayor Ringer called the meeting to order at 7:05 p.m. .A_oendn No. 1 - _~i_onin_~ of a pro~_lnmmt{on in stlpport of "~_~_~ehmnd lm]qtt~'' C'_ampai? Public Information Officer Peggy Calliham accepted the proclamation on behalf of the City of College Station and the Off Campus Aggies Association. She introduced Jenny Kotner, public relations employee who is working with the association to provide awareness, understanding, and involvement of students with the City. Ms. Kotner explained the purpose of the program which is scheduled to begin in January. A~enda Item Na 2 - Presentation by John Crompton to the City Conn_~'l for their John Crompton came forward to thank the council for their continued support of the Aggie Swim Club and the significance of the monies funded to the Swim Club. Age_ nda Item No. 3 - CONSENT AGENDA. (3.1) Approval of minutes for the workshop meeting, November 11, 1992 and regular meeting, November 12, 1992. .~.2) Approval of an appointment of College Station representative to the Board of Directors of the Bryan-College Station Athletic Federation. (3.3) Consideration of a request for a sanitary sewer service connection for the residence of Joe Brewster, owner of 5.01 acres on the south side of Frost Drive, across from Haywood Drive in Foxfire Subdivision outside the city limits. (3.4) Approval of Streetscape Plan CONTRACTS AND AGREEMENTS (3.5) Approval of proposed Brazos Valley Law Enforcement Mutual Assistance City Council Regular Meeting Thursday, December 10, 1992 Page 2 Agreement providing local agencies the opportunity to cooperate in the investigation of criminal activity and enforcement of state laws. t3.6) Approval of renewal agreement for Employee Assistance Program through nterface EAP, Inc. k3.7) Approval of Self Funded Insurance Program contracts including Third Party dministration, Stop Loss Insurance, Long Term Disability, Life and Accidental Death & Dismemberment programs. (3.8) Consideration of entering into an agreement with HKS, Inc. to develop a long range city facility plan of City Hall, Central Fire Station, Utility Customer Services, Community Development and GIS. .9) Consideration of a contract for services from the Brazos County Health epartment. (3.10) Consideration of Cardiovascular Assessment and Physical Fitness Workshops for seventy-six fire department employees through the Applied Exercise Science Laboratory Dept. of Health and Kinesiology, Texas A&M University. The projected cost per contract is $13,860. (3.11) Consideration for the City Manager to execute agreements with individual property owners providing for rental rehabilitation loans through the city's rental rehabilitation program to subsidize the rehabilitation costs of rental units located in various locations throughout the city. (3.12) Consideration of award of contract to Young Brothers, for the construction of improvements to Krenek Tap Road from Texas Avenue to State Highway 6. (3.13) Consideration for approval of Community Development funded housing assistance projects where change orders exceeding 10% of original contract and contracts over $10,000. .14) Consideration for approval for Mayor to execute documents amending the Texas ept. of Housing and Community Affairs contract for state rental rehabilitation funds. (3.15) Consideration of 1992 Annual Performance Report and 1993 Comprehensive Housing Affordability Strategy (CHAS) Annual Update. (3.16) Consideration of a development agreement with Myrad for their contribution in .drainage improvements for the Brandon Heights/Southwood Forest Drainage improvement project. RESOLUTION A3.17) Consideration of a resolution authorizing the Mayor, City Manager, and City ttorney to acquire two tracts in the Crawford Burnett League for use as a park, utilities and street extension in the Lincoln Center area. BIDS (3.18) Bid #93-08 - Purchase approval of pedestrian signal equipment. Staff recommends award to low bidder, total expenditure $44,186.20. Funds requested from future bond sales. Staff will be providing reimbursement at 75% of total cost, and reimbursement funding is provided through the Traffic Management Grant funds. (3.19) Bid #93-04 - Request for ratification of change to Group "A" electric system materials for Greens Prairie Substation. Staff recommends awa-rd to Dis-Tran-products for Group "A" materials and retraction of award to Clark Substations. Total expenditure $19,036. .20) Bid #93-09 - Purchase approval of electric system underground materials, Public tilities Electric Division. Funds available in Utility Bond Funds, staff recommends award to low bidder on each group, total expenditure $293,466.50. (3.21) Bid #93-11 - Purchase approval of flume waterslide for Adamson Pool, Parks City Council Regular Meeting Thursday, December 10, 1992 Page 3 Dept. Staff recommends award to Miracle Recreation as low bidder meeting specifications, total expenditure $108,080. Funds available from 1982-II bond fund interest earnings. :3.22) Request for purchase approval of IBM AS/400 Computer Upgrade for iscal/Human Resources system, funding to be from future Certificates of Obligation, staff recommends award to low conforming bidders, total expenditures $146,885.10. Funding approved in FY 1992-93 CIP Budget. PLATS (3.23) Consideration of final plat of Southwood Valley Section 26, Phase II. W.D. Fitch. Planning and Zoning Commission recommended approval. (3.24) Consideration of a master preliminary plat for Pebble Creek Phase 3. is Pebble Creek Development Company. Planning and Zoning Commission recommended approval. Applicant: Applicant Councilman Brown removed Consent Agenda Item No. 3.7 and 3.8. Councilman Kennady removed Consent Agenda Item No. 3.21. Agenda Item No. 3.7 - Approval of Self Funded Insurance program contracts Councilman Brown reported that he researched the ratings of Business Men's Assurance and did not locate a rating in the Standard and Poor's and Moody ratings. He questioned if BMA warranted the city's contract. Also, he questioned what the differences were in price from Standard of Oregon and BM.A. Mr. Schroeder replied to Mr. Brown's questions. He stated that there was not a great difference in price between the two companies and furthermore, the staff opted to recommend the lowest of the proposals. He assured the Council that the consultant's addressed the ratings as part of their recommendation. Councilmembers expressed their viewpoint toward Councilman Brown's reluctance to accept the staffs recommendation. Councilman Crouch moved to accept the recommendation of the consultant to contract with Business Men's Assurance Company with the condition that the consultant's provide evidence of the strength of Business Men's Assurance Company, and if the rating is not equivalent to an A or higher, the staff is instructed to contract with the next low bidder on Long Term Disability, Life, and Accidental Death and Dismemberment. Councilman Kennady seconded the motion which carried unanimously, 7-0. A~enda Item No. 3.8 - Consideration of entering into an agreement with HKS, Inc. to ddvelor~ a lon~ range facility plan of City Hall, Central Fire Station, Utility Customer Servicds, Community Development and GIS. Councilman Brown stated his opposition to enter into an agreement with HKS. He further stated that the voters would not be supportive of new facilities. Councilman Kennady commented that he believed this plan could be prepared by city staff. He also indicated his opposition to this item. Councilman Mcllhaney supported the staff's recommendation. She remarked that this City Council Regular Meeting Thursday, December 10, 1992 Page 4 is a good investment because the community is changing and growth is occuring and council should hire someone who has the expertise to evaluate the system and guide the city for the future. Councilman Gardner also expressed his opposition mainly because of the staff's capability to produce such a plan. Councilman Schneider stated that he opposed the contract based on the fact that there are other ways to accomplish this goal. For instance, an ad hoc citizen committee or the expertise in our community. He agreed with Councilman McIlhaney that the staff would not have the time to address this issue. Councilman Crouch spoke in favor of the agreement because she felt a long term approach is pertinent. Mayor Ringer concurred with councilmembers Crouch and Mcllhaney. After further comments, Councilman Kennady made a motion to disapprove entering into an agreement with HKS, Inc. for the long range facility plan. The motion was seconded by Councilman Gardner which carried 4-3. FOR: Councilmembers Kennady, Gardner, Schneider, Brown AGAINST: Mayor Ringer, Councilmembers Crouch, McIlhaney Councilman Kennady made a second motion to ask the city staff to develop a long range facility plan for the next two years (through 1996) to be completed no later than the beginning of next fiscal year. Councilman Gardner seconded the motion. Councilmembers discussed the movement of goals and priorities in order for this study to be performed by staff. The motion failed by a vote of 2-4, Councilman Gardner abstained. FOR: Councilmen Schneider and Kennady AGAINST: Mayor Ringer, Councilmembers Crouch, McIlhaney, Brown Councilman Crouch made a motion to seek advice from individuals with Texas A&M University to work with staff to develop a feasibility plan for the city facilities. The motion was seconded by Councilman Kennady. Arguments in opposition to and support of the motion were made by several councilmembers. The motion carried by a vote of 5-2. FOR: Councilmembers Schneider, Crouch, Brown, Kennady, Gardner AGAINST: Mayor Ringer, Councilmember McIlhaney Agenda Item No. 3.9 - Consideration of a contract for services from the Brazos County Health Department. Councilman Kennady withdrew this item from the consent agenda. City Council Regular Meeting Thursday, December 10, 1992 Page 5 Councilman Kennady made a motion to approve the contract from the Brazos County Health Department for FY 92-93 and to include a provision that a cost of service study be conducted as part of this contract and the study be completed by July 1, 1993. The motion was seconded by Councilman Schneider which carried unanimously, 6-0, Councilman Gardner absent. Agenda Item No. 3.12 - Award of contract to Young Brothers for the construction of improvements to Kl'enek Tap Road. Mayor Ringer reminded the council that this construction project shall not include assessments. Agenda Item No. 3.21 - Request for purchase approval of a flume waterslide for Adamson Pool. Councilman Brown moved approval of the award of contract to Miracle Recreation in the amount of $108,090. The motion was seconded by Councilman Crouch which carried by a vote of 5-1, with Councilman Kennady voting against and Councilman Gardner absent from the floor. The remaining consent agenda items were approved by common consent. ~Al~nda Item No. public hearing for the third re_nrli~ of a frauchise agreement TAC Realty, ~.A Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. RAgee~ Item No. $ - Consideration of an ordinance granting a franchise with TAC (Ordinance No. 1991) Councilman Schneider made a motion to approve Ordinance No. 1991 on the third reading granting the franchise agreement with TAC Realty. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. A~nda Imm No. 6 - A public h~aring on an oil and ~s_ .o~rations permit application fo~ a sim in Brazm Co~ty._~i. th~-Ci o~~__-Sta~on's ~traierritorial- ]urisdi~on. Applicant is Union Pacific Resources Co., Fort Worth, Texas Brazm Coal- ~"C' #1. City Engineer David Pullen described the location and description of the well site. Staff recommended approval of the oil permit with the six conditions listed below. A. Minimum security instrument to assure compliance with the ordinance of $25,000. B. Earth tanks be allowed for liquid storage under the condition that all are fitted with appropriate liners. C. Burning of sludge pits be prohibited. D. Signs should be erected and maintained at the well site and intersection of the access road and the county road to identify the well and appropriate responsible parties including at least one twenty four hour contact person. E. Sufficient devices be installed in series to separate gas, heavier hydrocarbons and water before entering the target zone. City Council Regular Meeting Thursday, December 10, 1992 Page 6 F. Locate flares at least fifty feet from any trees. If trees are permanently damaged should be removed and disposed of. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Ag~n..~_ Item No..7_: _Co~deratio_n_of_ an off _and rations rmit a lication ~ Brazoa Coal-Terry "C" #1, within th~ C/ty of Coll~_~ S-~fion ~' ]~TJ. AppIi~t~nt Union Pacific l~sourcc.. - Councilman Kennady moved approval of the oil and gas operations permit for Brazos Coal-Terry "C" #1. The motion was seconded by Councilman Brown which carried unanimously, 7-0. A~enda Item No. 8 - A public hearino on the questi_'_ml of re___~ml.o .57 sucres from A-P ~m. inlstrs_t~n~ Prnfe~!n. nnl to C-B B~ain~ _C-,~nlme!'~-l_ Pt-Ol~l~ ~ located on th- n~at corner of SDri~ Loop .ad Unitary ~ 0~ot 1~ Block T, Uni~ Park). Applicant: C/alg Brow~ for Gene Joyce. Owner TAC Realty. This item was withdrawn from the agenda. A=enda Item No. 9 - Conalderation of an Ol'dinanee. lnS_.~o_nlno the pl'op~l~ m_enti_'oned in This item was withdrawn from the agenda. Age_ nda Item No. 10 - A public hearing on the question of r~_~')nino 0.43 acres loct,__ted apprmimately 350' north of the intersection of Rio Grande and R6ck Prairie Road from R-1 to R-4. Applicant W.D. Fitch. Plannin_~ and 7xmino~ Commha~nn l'Oonmmen_d_Od approval Staff Planner Sabine Kuenzel presented slides of the property. She stated this rezoning request will match ownership lines of the existing R-4 tract located immediately to the south of the subject property. She noted that a use permit was approved for this site for a nursing home. Twenty calls were received with no opposition expressed. Staff recommended approval. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 11 - Consideration of an ordinance re=oninoo the above property, Councilman Brown moved approval of Ordinance No. 1992 rezoning 0.43 acres from R-1 to R-4 on the west side of Rio Grande Blvd. north of Rock Prairie Road. The motion was seconded by Councilman Schneider which carried unanimously, 7-0. coAgenda .Item No. 12 - Reconsideration of a developmeut some2ment with the Bc_oo-~- ....rl~.rati. on [or.the .de~.l..?pment.. of a su_ _lx~/.' .'_,.1_'o-_ located west of Brandon Hei-h-,__* weswnes~er rar~ mm Wllllgm8 COU.,'t 8~_~siOll[a - Development Services Director Elrey Ash explained this item. Included in the council packet was the revised development agreement based upon council's direction at the last City Council Regular Meeting Thursday, December 10, 1992 Page 7 council meeting. He pointed out that two liens were attached to the development agreement for council consideration. Mr. Ash described the lien options. First, one lien allowed the developer to make prepayments on the balance, yet the developer must continue to make the scheduled payments toward the regular payments of the lien. The second lien allowed the developer to make prepayments and excused the regularly scheduled payments until such time as the amount of prepayment is equivalent to the note payments. Asst. City Attorney Nemcik pointed out one clerical error in the agreement. She added that the staff made the recommendation of lien option no. 1 based on the work involved by the Finance Department to calculate the loan balance if the developer did not make regular payments. Mr. Arden clarified that the developer does not intend to excuse payments, rather he would ask that partial release payments be credited toward a payment. He strongly urged the council to consider the second lien option. He appreciated the council's support and helpfulness. Councilman Crouch moved approval of the development agreement with Exhibit C as lien option 2. The motion was seconded by Councilman Brown which carried unanimously, 7-0. Councilman Brown moved approval of the final plat for Edelweiss Estates Phase I with the variance to the sidewalk requirements for a portion of a sidewalk along Nottingham. The motion was seconded by Councilman Schneider which carried unanimously, 7-0. Agenda Item No. 14 - Conaifleration of a reaolufi_rm_ an_th_re'i_ '~ino the Mayor to _e~__eute s contract for the purchase of 10.41 acres in the Wolf Pen Cree~ C~rfid~'. City Attorney Locke explained that this property is located adjacent to the Wolf Pen Creek amphitheater. She indicated that the paving assessment against the property will be a credit for the city toward the purchase price. The purchase price is $349,849. Councilman Schneider moved approval of the resolution authorizing the Mayor to execute a contract for the purchase of 10.41 acres in the Wolf Pen Creek Corridor. The motion was seconded by Councilman Gardner which carried by a vote of 5-2. FOR: Mayor Ringer, Councilmembers Schneider, Gardner, Mcllhaney, Crouch AGAINST: Councilmembers Brown and Kennady A~nda Item No. 15 - Hear Viaitora No one spoke. City Council Regular Meeting Thursday, December 10, 1992 Page 8 A~_ nda Item No. 16 - Ad_iourn. Mayor Ringer adjourned the meeting at 8:35 p.m. APPROVED: ATrEST: ~UEST RE~ISTER C~TY COUNCIL REgULaR ~EET~N~ THURSDAY DECEMBER 20~ 2992 7:00 P.M. 11. 12. 13. 14. 15. 16. 17. 18. 19. 10. 20.