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HomeMy WebLinkAbout07/27/1989 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, JULY 27, 1989 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, Schneider, Haddox, Birdwe11, Gardner, and McIlhaney STAFF PRESENT: City Manager Ragland, City Secretary Jones, Assistant City Brymer, Assistant City Manager Woody, City Attorney Locke, Energy Speciallst Shear, Director of Development Services Ash, Assistant City Attorney Banks, City Engineer Pullen, Assistant City Engineer Smith, Zoning Official Kee, Public Information Officer Calliham, Assistant City Secretary Hooks STUDENT GOV'T LIAISON: Shannon Maloney VISITORS PRESENT: See guest register. Aqenda Item No. I - CONSENT AGENDA: (1.1) Approval of the minutes of the Workshop Meeting, July 12, 1989 and the Regular Meeting, July 13, 1989. (1.2) Approval of Community Development funded housing assistance projects for the month of June, 1989, where houses were sold. (1.3) Approval of the Energyscape Program (estimated program's cost is $158,160.00, with $140,640.00 to be requested from the Local Government Competitive Grants Program and $17,520.00 to be funded through the Energy Project Fund). (Council Issue No. 8) (1.4) Approval of the 1989-90 Community Development budget, as presented to the Council on July 26, 1989. (1.5) Approval of the designation of additional Community Development target areas, per Council discussion at Workshop meeting, July 26, 1989. (Council Issues No. 2 and 7) (1.6) Approval of participation by the City of College Station in Operation Bootstrap. (Item Removed) (1.7) Approval of a proposal from Garrett Engineering to provide engineering services for the preparation of plans and engineer's 007369 City Council Regular Meeting Thursday, July 27, 1989 Page 2 estimates for the rehabilitation of Holleman Street, in the amount of $35,500.00 (1.8) Approval of a proposal from Municipal Development Group to provide engineering services for the preparation of plans and engineer's estimates for the rehabilitation of a portion of Stallings Street, in the amount of $12,500.00. (1.9) Approval of a proposal from Kling Engineering to provide engineering services for the preparation of plans and engineer's estimates for the rehabilitation of portion of Francis and Dominik Streets, in the amount of $13,125.00. (1.10) Approval of a contract for engineering services with McDow and Associates for the design of certain water and sanitary sewer projects. ($134,900; Utility Revenue Bond Funds, CIP 1988-89) Mayor Ringer mentioned that Item 1.6 had been previously removed by staff. Councilman Birdwell removed Item 1.3 and 1.5. removed Item 1.7. Councilman Gardner Ail other items were approved by common consent. Aqenda Item No. 1.3 - Approval of the Energyscape Proqram. Councilman Birdwell addressed this item. He stated that he is not in support of this item. Councilman Haddox mentioned that he asked staff to research the concept of giving away trees to the public along with increasing the grant request. Mr. Birdwell commented that the computer program is not practical; however, he finds no problem with the landscaping concept. Mr. Shear gave a breakdown of costs of the $158,000 grant proposal. Councilman Haddox made a motion to modify the staff's proposal by increasing the proposal from $158,000 to $200,000; matching the difference with a program designed to reduce heat by planting trees, shrubs, and plants; and, utilizing the Energy Fund monies for a total amount of $59,321.00. Councilman Schneider seconded the motion. Councilman Birdwell made a substitute motion to deny the request to submit the grant application at this time, and to ask staff to seek modification of a program in the future. No second was made. 007370 city Council Regular Meeting Page 3 Thursday, July 27, 1989 Councilman Gardner made a motion to change the proposal by having 50% of the cost of plant materials assessed to the property owners. No second was made. Councilman Birdwell made a substitute motion to deny the staff's request to submit an application to the state. Councilman Gardner seconded the motion. Councilman Birdwell commented that he would be in favor of using some of the city's energy fund for a tree planting program which was practical. He felt that the program as proposed would be wasteful. Councilman Haddox noted that if the city receives the grant money, they can then decide on the apportioning for tree planting. Councilman McIlhaney remarked that other communities seeking this funding may have urgent and valid needs. Councilman Brown commented that he agreed with Councilman Birdwell in theory but felt that the city should not pass the opportunity to get the aerial maps which are needed. The vote on the substitute motion was 3-4 with the motion failing, as follows: FOR: Councilmen Birdwell, Gardner, McIlhaney AGAINST: Mayor Ringer, Councilmen Brown, Haddox, Schneider After further discussion by the council, Councilman McIlhaney moved to amend the original motion on requesting $200,000 from the state, to add that the city match a portion of the grant for the live plant purchase program by using the available interest monies accrued on the energy fund. Mayor Ringer mentioned that the Energy Fund was set up as reserve to protect the city against rate shock. Councilman Brown seconded Councilman McIlhaney's motion. The motion to amend Councilman Haddox' motion was approved 5-2, as follows: FOR: Mayor Ringer, Councilmen Brown, McIlhaney, Schneider, Haddox AGAINST: Councilmen Birdwell, Gardner Mayor Ringer restated the original motion as amended, clarifying that the city will apply for a grant of $200,000 and the city's contribution will be limited to interest earnings generated by the energy fund. 007371 City Council Regular Meeting Thursday, July 27, 1989 Page 4 A vote on the original motion as amended carried 4-3, as follows: FOR: Councilmen Brown, Haddox, Schneider, McIlhaney AGAINST: Mayor Ringer, Councilmen Gardner, Birdwell Agenda Item No. 1.5 - Consideration to designate additional Community Development target areas Councilman Birdwell moved to approve the additional target areas as presented by staff at the workshop meeting, including authorization to add the area from Fairview to Hereford if the survey taken concludes that these streets qualify. Councilman Brown seconded the motion which carried unanimously, 7-0. Agenda Item No. 1.7 - Approval of a proposal from Garrett Engineering to provide engineering services for the preparation plans and engineer's estimates for the rehabilitation of Holleman Street, in the amount of $35,500.00. Councilman Gardner asked staff to explain the nature of the problems on Holleman Street. Mr. Pullen described problems with pavement and drainage conditions. Mr. Gardner questioned the need for consulting services in this reconstruction project. Councilman Haddox commented about the variation of consultant charges in other bids. Councilman Birdwell moved approval of Agenda Item No. 1.7. Councilman Schneider seconded the motion, which carried unan- imously, 7-0. Aqenaa Item No. 2 - Consiaeration of approval ofg a: Audit Contract with Deloitte Haskins & Sells for FY 1989 audit - not to exceed $56,000. b: Purchase Order for interim audit work during current fiscal year - not to exceed $20,000. Mr. Harrison explained the item. Mr. Charlie Chafin, from Deloitte Haskins & Sells addressed the Council. He explained that Ingram, Wallis & Company will assist Deloitte Haskins & Sells in the FY 1989 audit. The following year, Ingram, Wallis & Co. will have the lead role in the fiscal year audit for 1990-91. Councilman Brown moved approval of the audit contract with Deloitte Haskins & Sells for FY 1989 not exceeding $56,000, and a purchase order for interim audit work during current fiscal year not exceeding $20,000. Councilman McIlhaney seconded the motion, which carried unanimously, 7-0. 007372 City Council Regular Meeting Thursday, July 27, 1989 Page 5 Aqenda Item No. 3 - A public hearinq to consider ~n amendlnq plat of Westchester Park Phase I Block 1 which is located along the south side of Rock Prairie Road, adjacent to and west of the Southwood Athletic Park (89-210). Assistant City Engineer Smith stated that this plat covers the site of the proposed new junior high school and increases its size through inclusion of several previously unplatted tracts. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 4 - Consideration of the above final plat. Councilman Haddox moved approval of the amending plat of Westchester Park Phase I Lot 1 Block 1. Councilman Schneider seconded the motion which carried unanimously, 7-0. Agenda Item No. 5 - A public hearing to consider a final plat of Westchester Park Phase Two subdivision which is a resubdivision of Blocks 8 and 9 Westchester Park Phase One, and a subdivision of 9.03 acres. (89-209) Mr. Smith explained that this site covers the elementary school and a tract across Rock Prairie Road from the school site. The Planning and Zoning Commission recommended approval. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Aqenda Item No. 6 - Consideration of the above final plat. Councilman Schneider moved approval of the final plat (89-209). Councilman McIlhaney seconded the motion, which carried unan- imously, 7-0. Agenda Item No. 7 - A public hearing on the question of rezoning a 2.0 acre tract of land located at the southwest corner of the intersection of Victoria Avenue and Rock Prairie Road, from R-5 Apartment/Medium Density to C-N Neiqhborhood Business. (89-105) Zoning Official Kee presented this item. She described the location of the property, reflected as low density residential on the land use plan. She presented slides showing the property. The Planning and Zoning Commission's vote was 5-2 to recommend approval of the rezoning. Mayor Ringer opened the public hearing. 007373 city Council Regular Meeting Thursday, July 27, 1989 Page 6 No one spoke. The public hearing was closed. Aqenda Item No. 8 - Consideration of an ordinance rezoninq the above tract. Councilman McIlhaney asked if the city has regulations on the sale of alcohol near a school. Zoning official Kee replied that the ordinance states that alcohol may not be sold within 300 feet of a school. City Attorney Locke concurred. Mayor Ringer remarked that this tract is large enough that the user of this property could place a convenience store beyond 300 ft. from the front door of the school. Councilman Haddox pointed out that P&Z minutes reflect that the request is for rezoning only, and any proposed use shall come back to the commission for consideration. Councilman Birdwell moved approval of the ordinance rezoning the 2.0 acre tract from R-5 Apartment/Medium Density to C-N Neighborhood Business. Councilman Haddox seconded the motion; Ordinance No. 1815 was approved by a vote of 6-1, as follows: FOR: Mayor Ringer, Councilmen Brown, Gardner, Birdwell, Schneider, Haddox AGAINST: Councilman McIlhaney Aqenda Item No. 9 - A public hearinq on the question of requirinq the submission of a master development plan as a part of the pre- liminary subdivision plat application requirements and amendlnq the oversize participation provisions of the subdivision ordinance. (Council Issue No. 9). City Engineer Pullen stated that discussion was held on this item at the workshop meeting. Staff recommended approval with the revision made by Council to change the six month period to one year, at which time the developer must begin construction. Mayor Ringer opened the public hearing. A local developer, Allen Swoboda, addressed the Council. He referred to Section 9-B., Streets, of the subdivision ordinance. He stated that the dimensions of the thoroughfare are not given, as stated in the last paragraph on page 4. Mr. Pullen referred to 9-B.3.1. and 9-B.3.2. Mr. Swoboda remarked that Mr. Fitch had expressed concern about the city not participating in the cost of an 8" sewerline or less, as stated in Section 9-D.1. After additional discussion, the Mayor closed the public hearing. 007374 city Council Regular Meeting Thursday, July 27, 1989 Page 7 Aqenda Item No. 10 - Consideration of an ordinance amendinq Section 6C and Section 9 of Chapter 9 of the Code of Ordinances requirinq the submission of a master development plan as a part of the preliminary subdivision plat application requirements and amending the oversize participation provisions of the subdivision ordinance. Councilman Birdwell moved approval of Ordinance No. 1816. Councilman McIlhaney seconded the motion, which carried unanimously, 7-0. Aqenda Item No. 11 - Consideration of an appeal to portions of Chapter 3, Section 5 of the Code of Ordinances. The appeal (relevant to site plan/parklnq) concerns a site at 415-417-419 Stasney Street and is made by Nabil Safwat and Mr. Fahmi representing the Islamic Community of Bryan/Colleqe Station. Mr. Smith explained that the applicants, prior to the P.R.C. meeting, met with the Engineering and Planning staff to look at various layouts for their site. Previously, the P&Z granted a conditional use permit for the use at that location; no site plan was available. Later, a site plan was submitted. Several problems were perceived by staff, and the P.R.C. voted to recommend denial of the site plan as proposed. Mr. Smith pointed out that the site plan does not comply with Ordinance No. 608. One problem is that the plat shows the drive opening will exceed 74 ft. Traffic and pedestrian safety were cited as reasons for concern by the P.R.C. Mr. Smith showed slides of the surrounding area and the site location. He described the site dimensions. Mr. Smith stated that the basic problem appears to be an inadequate site size for what they propose to do. Mr. Smith briefly summarized the appeal. The two applicants feel the site plan is applicable to the development of the Northgate area; and, this property is the last vacant land in Northgate. Also, they believe the project will not become a precedent for other developments of this kind. Mr. Nabil Safwat, 2702 Appleby, addressed the Council. He indicated that the facility usage is on Friday from 1:00 -2:00 p.m. He added that many members of the church live in the surrounding apartment complexes, so the 25 parking spaces would never be fully utilized. Councilman Haddox asked if the applicant objected to additional parking spaces in the back of the church. Mr. Safwat replied that he considered different site plans but the alternatives would interfere with the adjacent duplex, which they own and use as rental property. 007575 city Council Regular Meeting Thursday, July 27, 1989 Page 8 Further discussion was held. Councilman Schneider moved that the applicant's request for an appeal be denied. Councilman Birdwell suggested to the applicant that he consider straight-in parking. Councilman McIlhaney seconded the motion, which carried unanimously, 7-0. Aqenda Item No. 12 - Hear Visitors. No one came forward to speak. Aqenda Item No. 13 - Closed session to discuss land acquisition [6252-17(2)(f)], to receive a staff report [6252-71(2)(r)], and to discuss personnel [6252-17(2)(~)]. 13.1 Land Acquisition. A. Acquisition of right-of-way 13.2 Staff Report. A. Legal Report 13.3 Personnel. A. Discussion of Appointments to Citizens Advisory Boards. 1. Discussion of Economic Development Foundation B. Discussion of Administrative Personnel. 1. Evaluation: City Manager, city Secretary, and City Attorney The Council moved into closed session at 8:50 p.m. A. genda Item No. 14- Action on items liste~ under closed session. The council moved into open session at 9:36 p.m. Councilman Gardner made a motion that David Pugh be reappointed to the Economic Development Foundation. His term will expire 7/92. The motion was seconded by Councilman Haddox and approved unanimously, 7-0. Councilman Birdwell moved to appoint Doug Moore to the Economic Development Foundation. His term will expire 7/92. Councilman McIlhaney seconded the motion, which carried unanimously, 7-0. Councilman Birdwell moved to reappoint Dick Haddox to the Economic Development Foundation, with a term expiring 7/92. Councilman Brown seconded the motion, which carried unanimously, 7-0. Councilman Brown moved to appoint Dick Birdwell to replace Eddie Schultz, to fill the term expiring 7/90. Councilman McIlhaney seconded the motion, which carried unanimously, 7-0. 007376 City Council Regular Meeting Thursday, July 27, 1989 Page 9 Councilman Brown will continue as liaison to the Economic Development Board. Aqenda Item No. 15 - Adjourn. The meeting adjourned at 9:38 p.m. APPROVED: ATTEST: Jones 007377 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, JULY 27, 1989 7:00 P.M. 11 12 13 14 5 15 16 17 18 19 10. 2O 007378