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HomeMy WebLinkAbout09/24/1992 - Regular Minutes City CouncilTHURSDAY, SEPTEMB~ 24, 1992 7:00 P.M. COUNOI-MEMBERS PR~~: Mayor Ringer, Councilmembers Brown, Mcllhaney, Crouch, Gardner, Kennady, Schneider STAFF PRESENT: City Manager Ragland, Assistant City Manager Brymer, Assistant City Manager Woody, Executive Director Management Services Piwonka, Public Information Officer Calliham, Executive Director Fiscal/Human Resources Schroeder, City Secretary Hooks, City Attorney Locke VISITORS PRES~: See guest register ,~da Item N~ 1 r~ Awareness - Signin~ of a prodmamtion Mofith" in Colle~l~ Station- des'_~tin~_ the month of October as Phil Teinert, Yvonne Brast, and Elizabeth Dibble accepted the proclamation signed by Mayor Ringer. Councilman Kennady arrived at the meeting. A~enda Item No. 2 - Si~nimz of a vrodamafion deshmatin~ the week of October 4-10, l!I92 as "Fire Prevenfiofi W/ek" in-College Station- - - Fire Chief Kennedy accepted the proclamation signed by Mayor Ringer. 1A~nda Item No. 3 - Signing of a proclamation des/8~ting the week of October 4-10, as '~Public Power We. el/" in Collesl~ Station- Tony Michalsky accepted the proclamation signed by Mayor Ringer. _A{enda Item No. 4 - Presentation of outstandiug service award to Ser{~aut Scott Simpson of the Police Departmellt for his e_~om k th~ community orlen*~d Mayor Ringer presented a service plaque to Scott Simpson of the College Station Police Department. A~enda Item No. 5 - Presentation of certificates of appreciation to employees in C~llege Station Fire Department. Fire Chief Kennedy accepted the certificates of appreciation on behalf of the Fire Department. City Council Regular Meeting Thursday, September 24, 1992 Page 2 At, endn Item No. 6 - CONSENT AGENDA. 71) Approval of minutes for workshop meeting, September 10, 1992, Regular Meeting, ptemb.er 10, 1992 and the Budget Retreat September 2, 1992. (6.2) Authorization for the Mayor to enter into contracts with the various agencies which are included in the 1992-93 budget appropriation. (6.3) Approval of letter engaging lngram, Wallis & Company, P.C. to serve as independent auditors for fiscal year ending September 30, 1992. 6.4) Authorization to enter into a maintenance agreement with the Emerald Forest omeowner's association for landscaping improvements within the right of way, and award of contract for construction of landscaping improvements. Funding for the project is from the ST-1001 Emerald Parkway realignment project, which $24,000 is available for the construction of landscaping improvements. (6.5)~ Approval of an increase of $47,000 to purchase order no. 920285 issued to Mcc.o. rd Engineering for engineering services for a pilot project for developing a mapping and information database of the city's utilities infrastructure and facilities. ~.6) Approval of FY 1992-93 budget submitted by the Brazos County Emergency communication District. /6687/ Approval of revised park zone boundaries. i Approval of application for funding from the State HOME program, and resolution authorizing Mayor to execute documents required for submission to the Texas Dept. of Housing and Community Affairs. RESOLUTIONS A6.9) Consideration of a resolution authorizing the Mayor, City Manager, and City ttorney to acquire 0.572 acres in the Crawford Burnett League for use as a park and the extension of Eleanor Street. A .10) Consideration of a resolution authorizing the Mayor, City Manager, and City ttorney to acquire 0.341 acres in the Crawford Burnett League for use as a park and the extension of Eleanor Street. 6.11) Approval of revisions to the solid waste rate resolution. 6.12) Approval of a resolution authorizing the Parks and Recreation Dept. Director as the appropriate representative to execute agreements associated with the U.S. Small Business Administration Cooperative Tree Planting Program grant request process. ORDINANCES r. 13) Consideration of an ordinance repealing Section 6 of Chapter 7 of the Code of dinances pertaining to Soft Serve Establishments (Ordinance No. 1976) (6.14) Consideration of an ordinance adopting a revised fee schedule for the Rock Prairie Road Landfill (Ordinance No. 1977) (6.15) Consideration of an ordinance amending Chapter 11, Section 2 of the Code relating to the schedule of rates for water and sewer services. (Ordinance No. 1978) BIDS .16) Request for purchase approval for maintenance and repairs to the Electrical ivision Digger Derrick, Unit #92-33, funds available in FY 1991-92 Utility Fund, estimated maximum expenditure is $15,000. Staff recommends approval of payment to Commercial Body Corp. for repairs. . 17) Request for purchase approval of one (1)1992 station wagon for the Energy ivision. Funds available as budgeted in the FY 1992-93 General Fund. Staff recommends award to Southway Ford as Iow bidder on state contract, total expenditure, $13,241. 6.18) Request for purchase approval of electrical equipment from the City of Bryan. otal purchase price is $23,079.30 as valued by Alexander Engineering. Funds are available in URB 1984 Bond Funds. City Council Regular Meeting Thursday, September 24, 1992 Page 3 3.19) Request for purchase approval of distribution transformers for electric inventory, d #92-58, staff recommends award to low bidder on each item, total expenditure $161,840. Funds are available as budgeted in electric inventory. (6.20) Approval of bid for the purchase and installation of 150 trees and 3 year maintenance contract with Brazos Valley Nursery. The cost for this project is $31,020. Federal funding from U.S. Small Business Administration of $16,130; local funds from 1990 bond issue on Park improvements of $12,789, and $2,100 of in kind service from the Forestry Division. (6.21) Request for purchase approval to contract for services to install underground conduit, Public Utilities Electrical Division. Staff recommends award to Eastern Utility Construction Co., total expenditure $47,850. Funds available in URB '84 bond funds. (6.22) Consideration of a final plat (amending) Southeast College Park Lots 4A & 4B, Block 4. 6HAN6.23) Consideration of a final plat Stonehedge .24) Consideration of a final plat Springbrook Oakgrove GE ORDER 6.25) Consideration of contingency fund change order for Wolf Pen Creek Phase I roject update. RESOLUTION (6.26) Consideration of a resolution approving the purchase of Lot 5, Block 2 of Woodstock, Section I, approximately 5.17 acres located at the corner of Dartmouth and Holleman for the expansion of Wolf Pen Creek Park. The above items were approved by common consent. Astenda Item No. 7 - A public hearing to eonmi_de_r a city initln~.d ?.v~nlne of aeveral ~ ith arotmd and in_e]n_din~ the I~cently anm~a~.d Fvm~i~ SubdivJ_'_a~nn - Senior Planner Kee explained that the city initiated the rezoning of the Foxfire Subdivision to alleviate the rezoning process for the property owners. Staff recommended rezoning of 174 lots to R-1 Single Family Residential as well as three one acre tracts. Also, staffrecommended rezoning of two large tracts of five acres or more to A-O. Mayor Ringer opened the public hearing. Mr. Bill Fox, 1700 Frost, spoke in favor of the rezoning request because it is in the best interest of the homeowners. Mayor Ringer closed the public hearing. A~nan Item No. 8 - Conaide__ra_ti_'on of an ordinnnec ~r Ci [tv initia~fi ro~_rmln~ O~ i~.cta in, around and includinE th~ recently ann~red Fm~ Subdivimion_ {O~nlan_e~ No_ Councilman Brown moved approval of Ordinance No. 1979. The motion was seconded by Councilman Schneider which carried unanimously, 7-0. City Council Regular Meeting Page 4 Thursday, September 24, 1992 Aaenda Item No. 9 - Presentation of a petition of property owners in the I ~n~,'~ln Tr-aet Two. Tom Brymer mentioned the city's current policy does not address assessment paving to alleys. Mayor Ringer concurred. The policy addresses public streets which do not have curb and gutter. City Manager Ragland mentioned that this alley is not dedicated public property. Therefore, city funds may not be allocated to this property as it stands. Mr. Tom Moseley addressed the Council. He mentioned that a homeowners association does not exist for this neighborhood. The property owners are willing to pay for improvements to the alley. City Manager Ragland remarked that several questions have been raised since this issue was brought to staff's attention. He proposed that the staff work with the property owners to achieve a win/win situation for both sides. Mayor Ringer suggested that the council development policies subcommittee work with .staff and property owners, in terms of developing a policy to address this particular ISSUe. Councilman Schneider suggested that an inventory of this same situation be made throughout the city. Mr. Ragland replied that staff has already begun to address this. Councilman Gardner noted that some of the units in the area may be eligible for federal funds and possibly designate monies toward improvements in that area as a whole. Mr. Ragland asked the council to provide direction to the subcommittee. Councilman Crouch provided direction to the council. She addressed two options. repairs should made to the alleyway through an assessment program with 100% participation by the homeowners. Secondly, the property be dedicated to the city. First, Mayor Ringer asked who would assume the maintenance if the property was not dedicated. Mr. Ragland responded that if the alleyway is constructed by city standards and it is dedicated, then the city would assume maintenance. Furthermore, if it is not dedicated, it would become a problem unless it became a public easement. Councilman Schneider expressed concern that we should consider the benefit to the citizens and take the approach as to what is best for the City of College Station. Councilman Kennady suggested the staff seek dedication of the property, if this cannot be accomplished, then staff can report back to the council for further direction. Mr. Moseley remarked the property owners have not signed a dedication agreement. We are not sure we will receive 100% participation. Councilman Mcllhaney asked Mr. Moseley if the property owners would be willing to establish a homeowner's association. Mr. Moseley replied that he is unsure at this time. Mr. Ragland reported that staff recommends the alleyway be built to city standards. City Council Regular Meeting Page 5 Thursday, September 24, 1992 Mayor Ringer stated that this issue cannot be resolved at this meeting. Therefore, the subcommittee will be asked to schedule meetings with staff and property owners. Age,_ nda Item No. 10 - Conakleration of a Final Plat - Pebhl_o Creek IF. Assistant City Engineer Veronica Morgan addressed Final Plat 1F and Final Plat 1G under this item. She presented slides and described the plats. The Planning and Zoning Commission and staff recommended approval of Final Plat 1F with the variance to the cul-de-sac. The layout as proposed exceeds the cul-de-sac length requirement by approximately 90 feet. Also, the placement of an additional sidewalk on Spearman Drive on Final Plat 1F and along one side of Firestone Drive on Final Plat 1G. Councilman Brown moved approval of the Final Plat - Pebble Creek 1F. The motion was seconded by Councilman Kennady which carried unanimously, 7-0. Age_ nda Item No. 11 - Cxms!~ratlon of a final pL~t - Pebble Creek 1G. Councilman Schneider moved approval of the Final Plat Pebble Creek 1G with staff recommendation to require a sidewalk on one side of Firestone Drive. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. A~enda Item No. A public for first readln~ of a .12- hearin_= the _ franchise_ aooreement TAC Ina This item was removed from the agenda. Aaenda Item No. 13 - Consideration of the first re_adlno of a fTanehi__~-_, s..vree_ mant w/th TAC Realty, Ina - This item was removed from the agenda. Age_ nda Item N~ 14 - A public hearine f~_r an oil and ~A, operafi_'nns nermlt a~nlira*inn ! nls W~fl ts ClII~ll~Q sas rllrsJ sm it zs morro than iUIJU goer ll'~m st l~_S!O~Tl_t~_., Duslna_~_, hmpital or schooL The drill site is ter-hnleAlh] outqlrl~ the cit~ lirni~_~ Assistant City Engineer Veronica Morgan addressed the item. She described the site located on a sixty-five acre tract adjacent to Lick Creek Park. This well is classified as rural. The City Engineer recommended a variance to the ordinance requirement for a 600 feet minimum separation from a park. As shown on the map, Lick Creek Park is located 533 feet from the outside parameter of the drilling site. Staff recommended approval of the permit with the following considerations. 1. Surface casing to be set and cemented to at least 1450 feet. 2. All earth pits be lined to protect the soils. 3. Signs should be erected and maintained at the well site to identify emergency personnel for 24 hour service. 4. The drill site be completely fenced to keep people from entering the site from the park. City Council Regular Meeting Thursday, September 24, 1992 Page 6 5. Sufficient devices be installed in series to reduce the heavy smoke from the flare. 6. The flare be located 50 feet from any tree. 7. Permittee should provide all fire suppression and prevention equipment required by the Fire Department at the drill site, at the permittee's own cost. Maintenance and upkeep will be the permittee's responsibility. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. A~nda Item No. 15 - Con~demtion of ~m oil ;nd =m~ o~n~__ra_tj_'nn. Del~l_;t aDDNr~Hnn fr~m U~itm Paoifi¢ Resources Comps. ay, Fort Wor~ fo~ ;~rt~r~-Oixii:~;- Councilman Brown inquired about the number of wells drilled in Brazos County. Mr. Ernest Bruchez replied that over 10 percent of the active wells within 48 states are drilled in the Brazos Valley. Councilman Kennady raised a question about the amount of the security bond, $130,000. Mr. Bruchez replied that this amount is designated to cover any cost for damages to Rock Prairie Road and Greens Prairie Road. Councilman Kennady asked if the pits are already lined. Normally, the fresh water pits are not lined. Ms. Morgan answered Councilman McIlhaney's question about the proximity of this well to a residential area. She stated that there is sixty-five acres not owned by Pebble Creek, but included as part of Pebble Creek master plan. It is owned by the B-CS Economic Development Corporation. Ms. Morgan added that you will be able to see the drilling rig from Lick Creek Park. City Attorney Locke clarified that the sixty-five acres is owned by the City of College Station, but the City did not acquire the mineral rights. Councilman Crouch asked about the aesthetics of the drill site in several years. Mr. Bruchez replied that each well permit is reviewed annually. City Attorney Locke added that the ordinance gives the city the option to require landscaping and fencing requirements. After further discussion, Councilman Kennady moved approval of the permit with staff recommendation. The motion was seconded by Councilman Schneider which carried 5-2. FOR: Mayor Ringer, Councilmembers Kennady, Schneider, Gardner, Brown AGAINST: Councilmembers Crouch and McIlhaney Aseenda Item No. 16 - A public hcar~na on proposed amendments to the 1991-92 Anmml B~d~p__~_ - Budget Director Charles Cryan addressed the Council. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. City Council Regular Meeting Thursday, September 24, 1992 Page 7 Item No. 17 - Co_~,ia~.r~ti_'_~_ of an ordlnane~e ~_d_optin_~ nmen_dmen__t$_ tO the 1991- Councilman Kennady raised a question about the monies allocated toward municipal court computer replacement. Mr. Schroeder replied that funds were not available at the time this item was voted upon by the council and at that meeting, staff noted this expenditure would be brought back to the council at the end of the fiscal year. Discussion continued. Councilman McIlhaney moved to approve Ordinance No. 1980 adopting the amendments to the 1991-92 budget. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. ,a,__oecd=_ Item No. 18 - C~nsla_e_,r~_tlon of b,_~d~t _contin~ncy requests for FY 1991-92. Councilman Brown moved approval of the budget contingency requests for FY 1991-92. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. Aoepdn Item No. 19 - C'nnsld~._m_~on_ of a pro _po~__.d ordlnnnce tO 8dopt an Ad Valorem -rate of $0.41z5 per 100 valuation for FY1992-93. Councilman Schneider moved approval of Ordinance No. 1981 as presented. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. Item No. ~0 - ~ .MI:~.RGENCY ITEM - Consideration of a resolution v__sss_ s~oe of le_olslalion in the State Legislature which would allow home nde inun/~nnl/ti~' tO re~n11Ah=. _C.O~_mllml~_'nTI of nl_eohnlie ]X:YC:~_onS f'n ouhlle ?-e~S w/_'thin Councilman McIlhaney moved to declare this item an emergency item. The motion was seconded by Councilman Crouch which carried unanimously, 7-0. Mayor Ringer mentioned that he received a request from a Dallas city councilmember to join other cities in support of the passage of a resolution requesting that the Texas Alcoholic Beverage Code be amended, in order that the cities may have some regulatory powers to regulate public consumption of alcoholic beverages in public places. Councilman McIlhaney asked if the city would be liable if an accident occurred at a city function. City Attorney Locke replied that under Texas law, cities are not liable to the extent that the city provide the beverages. Councilman Crouch moved approval of the resolution supporting passage of legislation which would allow home rule municipalities to regulate consumption of alcoholic beverages in public places. The motion was seconded by Councilman Kennady which carried unanimously, 7-0. Asenda Item No. 21 - Hear VisitOrs. John Huntley, a local jeweler at 313 B South, College Station, addressed the Council. He referred to a letter sent to the Council expressing concerns about the Fire Dept. City Council Regular Meeting Thursday, September 24, 1992 Page 8 personnel. He discussed the inspections made by the Fire Department officials in which the Fire Code was interpreted differently by these individuals. Mayor Ringer asked the staff to look into this situation. Mr. Brymer confirmed that an appointment has been made with Mr. Huntley to meet with Chief Kennady. Councilman Gardner inquired about the minutes of September 2nd. The question was raised about the allocation of funds to the Chamber of Commerce Visitors Bureau. After further discussion, the minutes were not revised. A~_ nda Item 1%. 22 - Ad_ioum. Mayor Ringer adjourned the meeting at 8:35 p.m. ATI'/,F~T: , , \. City IgtYfr~tary Connie Hooks APPROVED: '9 ~UEST RE~ISTER CITY COUNCIL REgULaR HEET~N~ THURSDAY SEPTEMBER 24~ ~992 7:00 P.M. 11. 12. 13. 14. Se 15. e 16. 17. 18. 19. 10. 20.