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Home My WebLink About11/09/1989 - Regular Minutes City Council ~INUTE8 CITY COUNCIL REGULAR HEETIN~ THURSDAY~ NOVEMBER 9~ 1989 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, Haddox, Gardner, Birdwell, McIlhaney and Schneider COUNCIL MEMBERS ABSENT: None STAFF PRESENT: City Manager Ragland, Assistant City Manager Brymer, Assistant City Manager Woody, City Secretary Jones, City Attorney Locke, Facilities Maintenance Supervisor Shear, Executive Director Management Services Piwonka, Executive Director Fiscal Human Resources Harrison Zoning Official Kee, Planning Director Callaway, Public Information Officer Calliham, Assistant City Secretary Hooks STUDENT GOV'T LIAISON: Shannon Maloney VISITORS PRESENT: See guest register. Aqenda Item No. 1 - Siqninq of a proolamation desiqnatinq the week of November 12-18, 1989 as "Brazos Arts Week". Mayor Ringer read the proclamation. Mr. John Nichols accepted the proclamation on behalf of the Brazos Arts Council. Aqenda Item No. 2 - Slqning of a proclamation desiqnatinq the week of November 13-17t 1989 as ,,Geoqraph¥ Awareness Week,,. Oakwood Middle School fifth grade and sixth grade students were present to accept the proclamation. Aqenda Item No. 3 - Slqninq of a proclamation desiqnatinq the week of November 19-26, 1989 as ,t Natlonal Adoption Week". Ms. Susan Strickland from the Child Placement Adoption Agency and three adoptive couples accepted the proclamation. 007545 City Council Regular Meeting Wednesday, November 9, 1989 Page 2 Aqenda Item No. 4 - A public hearina on the ~uestion of rezoninq a 28.23 acre tract of land located on the east side of State Hiqhway No. 6, East BYpass, approximately 700 feet south of PM 60, from R-1 Sinqle Family Residential to &qrlcultural-Open A-O (20.43) acres and C-2 Commercial Industrial (7.80 acres). Applicant/owner of the property is Regency Parkway, Inc. (89-106) o Zoning Official Kee explained the request, and presented slides showing the subject property and surrounding area. She pointed out that the total land area involved in the request is 28.23 acres. She described the area zoning. She stated that the proposed rezoning would allow the applicant to build a miniature golf course. Ms. Kee continued to explain that while the area is reflected as industrial on the land use plan, the requested C-2 zoning is in compliance with that use because C-2 zoning allows for industrial uses. The Planning and Zoning Commission recommended approval of the request. Councilman Birdwell asked what is the zone of the area adjacent to the R-1 property, located next to the proposed C-2. Ms. Kee replied that the adjacent R-1 property is under the same ownership but is not included in the request, because the amount under consideration is the amount needed for the golf course. Assistant City Engineer Smith pointed out the floodplain area. Mayor Ringer opened the public hearing. Mr. Stewart Kling of Kling Engineering, 4103 Texas Avenue, repre- senting the applicant, came forward to answer questions from the Council. Mayor Ringer closed the public hearing. Agenda Item No. $ - Consideration of an ordinance rezoning th- previous aqenda item. Councilman Brown moved approval of Ordinance No. 1831 rezoning the 28.23 acre tract of local from R-1 Single Family Residential to Agricultural Open A-O and C-2 Commercial Industrial. Councilman Schneider seconded the motion which carried unanimously, 7-0. 007546 City Council Regular Meeting Wednesday, November 9, 1989 Page 3 Aqenda Item No. 6 - CONSENT AGENDA. (6.1) Approval of the minutes of the Council's Regular Meeting, October 25, 1989. (6.2) Approval of carpeting south end of City Hall, Bid #90-04, staff recommends award to low bidder Gilson Stanley, $10,200 (funding from GOB 1982-II). (6.3) Approval of purchase request miscellaneous transformers for electric inventory and special projects, Bid #90-03, staff recommends award to low bidder on each item, total expenditure $126,534, (funding available as budgeted in electrical inventory). (6.4) Renewal of blanket order for tires and tubes for city fleet, staff recommends award to Goodyear as state contract vendor, annual cost approximately $20,000, (FY 89-90 operating fund). (6.5) Approval of funding Lone Star Municipal Power Agency (renewal) through 9/30/90, $31,000, budgeted FY 1989-90 Utility Operating Fund, (FY 1989-90 Utility Fund). (6.6) Approval of a resolution casting votes for Celia Goode, candidate for election to the office of Director on the Board of the Brazos County Appraisal District. Councilman Birdwell removed Item No. 6.5. The remaining items were approved by common consent. 6.5 - Approval of funding Lone Star Municipal Power Agency (renewal) through 9/30/90, $31,000, budgeted FY 1989-90 Utility Operating Fund, (FY 1989-90 Utility Fund). Councilman Birdwell mentioned that he does not remember receiving reports on the activities of the LSMPA. He asked for an explanation of the use of $31,000. Mr. Harrison replied that $31,000 is budgeted to cover the city's share of the overhead cost of LSMPA. He stated that Public Utilities Director John Woody is Executive Director of LSMPA. City Manager Ragland clarified that Mr. Woody is paid additional monies to perform this job for LSMPA. Mr. Ragland mentioned that staff will provide the Council with a budget and minutes, to be included in the Legal Report. Councilman McIlhaney moved approval of funding Lone Star Municipal Power Agency, budgeted amount of $31,000, FY 1989-90 Utility Operating Fund. Councilman Haddox seconded the motion which carried unanimously, 7-0. 007547 City Council Regular Meeting Wednesday, November 9, 1989 Page 4 &qenda Item No. 7 - Consideration of a request for the refund of 1988 property taxes paid by the TI~MU ~ssooiation of Former Students. Finance Director Harrison explained that the Brazos Valley Appraisal Review Board has granted a tax exemption to the TAMU Association of Former Students for 1988-89 property taxes paid. The refund amount for 1988 property taxes is $26,693.33. Councilman Birdwell moved approval of the refund of 1988 property taxes in the amount of $26,693.33. Councilman Haddox seconded the motion. Councilman Gardner expressed a concern about the Council's taking such action. Councilman Birdwell described the purpose and activities of the Association of Former Students. After further discussion, the vote was taken and the motion carried unanimously, 7-0. aqenda Item No. 8 - Hear Visitors. Mr. Allen Swoboda, developer of Emerald Forest, addressed the Council. He stated that in February, 1989, he submitted to the City a proposal for Emerald Forest Phase 8, which involved a crossing of Bee Creek. Subsequently, he has worked with staff to determine an oversize participation percentage by the City. He indicated that the staff has negotiated, to this point, a 30 percent share by the city. Mr. Swoboda pointed out that he is submitting another plan next week which will show a different route than previously discussed and essentially do away with any part of Appomattox which is on the outside of the subdivision. He further clarified that the money he would spend for an entrance from the other direction could be spent on the bridge, which would be beneficial to both parties. He asked Council for their support in seeing that the plan he submits next week will not be held up due to the negotiations on the bridge. He requested a decision soon. Mr. Swoboda stated that he is willing to spend $225,000, of the $400,000 for the bridge, excavation, and roadway. Mayor Ringer noted that in order to pay beyond 30%, the Council would be required to amend the ordinance and seek public bids. Mr. Swoboda noted that he would bid the job. Councilman Birdwell recalled that he made a statement during previous discussions that he would be willing to participate greater than 30% in terms of the bridge. Mayor Ringer indicated that previous discussions have included several items on oversize participation. 007548 City Council Regular Meeting Wednesday, November 9, 1989 Page 5 Mayor Ringer stated that the staff would evaluate the proposal and advise the Council of all ramifications concerning the bridge, channelization, and street; and, that the item would be placed on an agenda for Council to review and determine a portion of participation. Councilman Haddox asked Mr. Swoboda if he includes a street in the amount stated above. Mr. Swoboda replied that in the 1300 ft., the cost of $270,000 contains the channelization and bridge. Mayor Ringer commented that this item has not been brought before the Council. He assured Mr. Swoboda that the Council will work as quickly as possible to make a decision. Mr. Swoboda clarified that a plat has been submitted, but modifica- tions would be made according to the decision by the Council on what entrance it wishes to have. Mayor Ringer indicated that this item will be placed on the agenda for November 29th. &aenda Item No. 9 - Closed session to receive staff report [6252- discuss land acquisition [6252-Z7(2)(f)] and personnel 9.1 Staff Report A. Legal Report. 9.2 Land Acquisition A. Right-of-way Acquisition. 9.3 Personnel A. Discussion of appointments to Citizens Committees: (1) Energy Management Committee (2) 1990 Census Committee (3) Design Review Board Councilman Gardner asked the Mayor if the closed session discussion held at the workshop meeting on Wednesday, November 8, 1989, is listed under the current meeting's closed session. Mayor Ringer replied that the discussion will be held under Legal Report. Councilman Gardner stated that he will not attend the closed session, due to the fact that this discussion should be in open meeting. Mayor Ringer excused Councilman Gardner from closed session. The council moved into closed session at 8:00 p.m. Aqend& Item No. LO - Action on closed session, The council assembled in open session at 10:14 p.m. Councilman Brown moved to recommend to the staff the following names as participants for the 1990 Census Committee as follows: News Media: Jeff Braun, Lisa Keys TAMU: Shannon Maloney or ask Kevin Buchman to appoint someone. 007549 City Council Regular Meeting Wednesday, November 9, 1989 Page 6 Civic Club: Lisa Giles, Hays Glover III, Herb Fedora Senior Citizens: Taylor Riedel, Homer Adams, Ethel Burgess Black Citizens: Lillian Robinson, Dr. Hays Robinson Hispanic Citizens: Ruth Morales Church: Bill Magee, Craig Borchardt, Bill Armstrong Public School: Sharon Colson, Nancy Thornberry Councilman Schneider seconded the motion which carried unanimously, 6-0, with Councilman Gardner absent. Aqenda Item No. 11 - Adjourn. The meeting was adjourned at 10:15 p.m. APPROVE D: ~r ATTEST: CityV Secre~Dian Jones 007550 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY NOVEMBER 9, 1989 7:00 P.M. 13 14 15 16 17 18 19 10. 2O 007552