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HomeMy WebLinkAbout09/14/1989 - Regular Minutes City Council MINUTES CITY COUNCIL RE~ULARMEETIN~ THURSDAY~ SEPTEMBER 14, ~989 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, Schneider, McIlhaney, Birdwe11, Gardner, Haddox 8T~FF PRESENT~ City Manager Ragland, City Attorney Locke, City Secretary Jones, Police Chief Strope, Zoning Official Kee Assistant City Manager Brymer, Development Services Director Ash, MIS Director Cowe11, Assistant to the City Manager Piwonk&, City Engineer Pullen, Planning Director Callaway, assistant City Attorney Banks, Assistant City Manager Woody, assistant City Secretary Hooks STUDENT GOV'T LIAISON: Shannon Maloney VISITORS PRESENT: See guest register. Agenda Item No. 1 - Siqninq of a proclamation desiqn&tinq the week of October 1-7, 1989 as -National Colonial Heritaqe Week-. Mayor Ringer read the proclamation and presented it to Ms. Jane Portzer of the LaVillita Chapter Daughters of the American Revolution. Before proceeding to the next item, Mayor Ringer announced that there will be one regular meeting during the last week in November, scheduled for November 29th, 4:00 p.m. Aqenda Item No. 2 - CONSENT AGENDA (2.1) Approval of the minutes of the City Council's Workshop Meeting, August 23, 1989, and the Regular Meeting, August 24, 1989. (2.2) Approval of a resolution authorizing the City Manager to enter into a contract with the Texas Department of Highways and Public Transportation to provide funding for continuation of the "TRACER" Computerized Traffic Enforcement Program. (3rd year of program; State funding $15,825.80; no municipal funding required) (2.3) Approval of a resolution authorizing the Mayor to execute a development agreement with Young Brothers, Inc., for the operation of a temporary concrete hatching plant and allowing retail sales of concrete incidental to development during the construction of the Pebbles Creek Subdivision. 007424 City Council Regular Meeting Thursday, September 14, 1989 Page 2 (2.4) Approval of the purchase of computer equipment to be used to connect remaining departments to the Financial/Human Resources computer system. (approximately $35,000; funds currently avail- able from the Financial/Human Resources project of the MIS Plan) (2.5) Approval of the resolution authorizing the Mayor and City Manager to execute an agreement with the Brazos County Health Department for joint operations during the fiscal year October 1, 1989 - September 30, 1990. (Council Issue No. 14, 1988-89) (2.6) Approval of a contract between the City of College Station and the Bryan-College Station Eagle for twelve months of municipal display advertising. (2.7) Approval of a resolution requesting the Board of Regents of Texas A&M University to plan for and construct additional parking facilities. (As discussed at Workshop meeting, September 13th) (Council Issue No. 62, 1989-90) Councilman Gardner removed Item No. 2.1. were approved by consent. The remaining items Mr. Gardner referred to page 5 of the August 23rd minutes, third paragraph. He clarified the last sentence of this paragraph by replacing the words "one council member" with his name "Councilman Gardner." Mr. Gardner made another correction on page 6, Agenda Item No. 5, of the August 23rd minutes by adding a statement to the end of last sentence, as follows: "... and recommended it be painted on the outside north wall of the city's Amtrak station." Also, he removed the word "proposed". Mr. Gardner made an addition to the minutes of August 24th, page 4, second paragraph, to include planning services. Councilman Gardner moved approval of the minutes of August 23rd and August 24th with changes. Councilman Schneider seconded the motion which carried unan- imously, 7-0. Aqenda Item No. 3 - & public hearinq on the question of ,~endin- Ordinance No. 1638, the Zoninq Ordinance for the City of Colleq2 Station, by creating the WPC-Wolf Pen Corridor District (89-906)o (Council Issue No. 1, 1989-90) Zoning Official Kee briefly summarized the ordinance recommended by the Wolf Pen Creek Master Plan. This ordinance will be an amendment to the Zoning Ordinance and establish a special zoning district. Mayor Ringer opened the public hearing. Mr. Tony Taylor, 1216 Haley Place, addressed the Council. As a member of the Apartment Association, employed by an insurance agency and a crime prevention specialist, he expressed several concerns. He began by stating that he is excited about the Wolf Pen Creek Project. One concern is proper lighting, a very highly 007425 City Council Regular Meeting Thursday, September 14, 1989 Page 3 needed crime prevention measure. He pointed out that the proposed ordinance does not clearly define the intent of lighting measures. Another concern is fencing, which is another recommended crime prevention tool. He asked that the wording in the ordinance deserves clarification on these two items, or ensure that the Design Review Board thoroughly understands the insurance reasons for these concerns. Councilman Birdwell asked Mr. Taylor to suggest possible wording to add in the ordinance. Mr. Taylor remarked that sodium lights cover the same amount of area as a 300 watt vapor light. Mr. Taylor asked that the ordinance not restrict the type of lighting. Mayor Ringer agreed with Mr. Taylor's statement that the proper lighting will provide security. Councilman Haddox asked why sodium lights are not allowed. Mr. Callaway responded that the consultants made the recommendation because sodium lights have a different color effect. Councilman Haddox commented that the park ought to be lighted enough to provide added security as well as enhancing development. Councilman Brown asked Mr. Taylor if he had any recommendations concerning fencing. Mr. Taylor replied that in areas which may pose liability problems, insurance companies have required fencing in the area. Ms. Kee mentioned that the Building Code addresses requirements for fencing as well as the Zoning Ordinance. Mayor Ringer commented that staff could look at safety aspects in potential areas where fencing may be needed. Mayor Ringer noted that appeals can be made to the Planning and Zoning Commission and the Council. He pointed out that he would like the Design Review Board, the Planning and Zoning Commission, and the Council to consider lighting in terms of security and safety when reviewing projects. Mayor Ringer closed the public hearing. &qenda Item No. 4 - Consideration of aa ordinance Ordinance No. 1638, by creatinq the WPC-Wolf Pen Cree Corridor district (89-906). Zoning Official Kee pointed out two changes made to the draft ordinance since the workshop session. These changes occur on page 3, the term of office for the landowner was added. Also, on page 8, the first paragraph under Siqns was added for clarification. Councilman Brown moved approval of Ordinance No. 1819. Councilman Schneider seconded the motion. Councilman Birdwell suggested adding a new sentence after the first sentence at the 007426 City Council Regular Meeting Thursday, September 14, 1989 Page 4 top of page 5, "Lighting to provide security and crime prevention or as may be required for insurance purposes will be allowed". Councilman Gardner commented that a member of the committee might be someone who has security lighting expertise. He stated that the Planning and Zoning Commission held a public hearing where property owners participated. He commended the Planning and Zoning Commission on a job well done. Councilman Birdwell stated that he will vote for the ordinance but he has reservations about it because it may prolong projects from happening faster. A vote was taken and Ordinance No. 1819 passed unanimously, 7-0. &genda Item No. $ - & public hearing on the question of regulations declaring the release, discharge or deposit of hazardous substances or wastes within the city l~mits or with~ 5000 feet of the city limits to be a public nuisa-ce, providin7 for abatement of said nuisances, and providing for reoovez7 of costs. Assistant City Attorney Banks presented this item. She stated that the ordinance has been proposed for council consideration, for the reason that it will be easier for the city to recover costs in the event a hazardous spill occurs in the community. Councilman Brown asked if the ordinance is superceded by state or federal regulations. Ms. Banks replied that the proposed ordinance is a cost assessment ordinance, she is not aware of any federal regulations. Councilman Birdwell asked if other cities have implemented this ordinance. Ms. Banks replied that she knows of three cities. Ms. Locke explained why the City of Los Angeles and City of E1 Paso adopted the ordinance. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Agenda Item No. 6 - Consideration of an ordinance relating to th~ above item. Councilman Haddox moved approval of Ordinance No. 1820 declaring the release, discharge or deposit of hazardous substances of wastes within the city limits or within 5000 feet of the city limits to be a public nuisance, providing for abatement of said nuisances, and providing for recovery of costs. Councilman McIlhaney seconded. Councilman Birdwell stated his opposition to the ordinance. 007427 City Council Regular Meeting Thursday, September 14, 1989 Page 5 Councilman Schneider asked the City Attorney to state the authority of defining 5000 outside the city limits. Ms. Banks replied that this is defined in the Local Government Code. A vote was taken and carried 6-1, Councilman Birdwell voting against. &qenda Item No. 7 - Approval of a resolution authorizinq Mayor to execute a development aqreeme~t with Rioky Miller, paul Winston, and M.L. (Red) Cashion for the oorreotion of ~-maqe tn the Wolf Pen Creek Floodplain and the oomplia-oe with th~ drainage ordinanoe and the Wolf Pen Creek Corridor Pla-. City Attorney Locke explained this item. She stated that the owner of Sneakers Restaurant sought a certificate of occupancy and found upon inspection he was not in compliance with the drainage development permit. Specifically, the contractor placed fill material in the Wolf Pen Creek floodplain. She showed photographs of the area. Subsequently, the City Attorney's office prepared a development agreement which would allow them to operate under a temporary certificate of occupancy giving them fifteen days to clean up the site. Councilman Birdwell moved approval of the resolution authorizing the Mayor to execute a development agreement with Ricky Miller, Paul Winston, and M.L. (Red) Cashion. Councilman Gardner seconded the motion which carried unanimously, 7-0. Councilman McIlhaney asked if the owners will comply with the Wolf Pen Creek requirements. City Attorney Locke replied that their development permit is very close to the Wolf Pen Creek requirements at this time. &genda Item No. 8 - Consideration of a resolution authorizing th~ acquisition of a portion of the property owned by Haldeo. Ino. for the realignment of ~merald Parkway with the FM 2818 ~Ftension Underpass. City Attorney Locke asked Council's approval for staff's authorization to acquire a portion of the property owned by Haldec, Inc. through purchase or condemnation. Councilman Brown moved approval of the resolution. Councilman Schneider seconded the motion which carried unanimously, 7-0. Agenda Item No. 9 - Discussion of a, ordinance authorizino Teleoable &ssooiates, Ino. to ass~e Cooke BCB Communioatio--, Ino. franchise. Representatives from Telecable Associates were present. 007428 City Council Regular Meeting Thursday, September 14, 1989 Page 6 A~enda Item No. 10 - Second reading and consideration of m proposed ordinance authorizing TeleoA~le Associates, Inc. to assume Cooke BCS Communications, Inc. frA-chise. Councilman Birdwell moved approval of the second reading of the proposed ordinance authorizing Telecable Associates, Inc. to assume Cooke BCS Communications, Inc. franchise. Councilman Haddox seconded the motion which carried unanimously, 7-0. Mayor Ringer noted that the third and final reading of the ordinance will be held at the next regular meeting, September 28th. &qenda Item No. 11 - Consideration of -- ordinance -mendinq th~ City of College Station Code of Ordinances Chapter 10, Seotio- 2(f) Traffic Control Device Inventory Schedule V, to provide - school zone on Rock Prairie Road. City Engineer Pullen described this item. He noted that the speed zone includes 300 feet west from Victoria to Deacon. This designated section of the street has been chosen because of the additional Junior High School on Rock Prairie Road. Councilman Schneider moved approval of Ordinance No. 1821. Councilman Haddox seconded the motion which carried unanimously, 7-0. A~enda Item No. 12 - Hear Visitors. No one spoke. Agenda Item No. 13 - Closed session to receive a staff report [6252-17 (2) er) ], and to discuss land acquisition [6252-17 ¢2) (f), litiqation [6252-17 (2) Ce) ], and perso--el [6252-17 (2) (a) ] · 13.1 Staff Report [6252-17(2) (r)] A. Legal Report 13.2 Land Acquisition [6252-17(2) (f) ] A. Right-of-way acquisition B. Parkland acquisition 13.3 Litigation [6252-17(2)(e)] A. Potential litigation: Centroid Ranch 13.4 Personnel [6252-17(2) (f) ] A. Discussion of appointments to Citizens Advisory Boards 1. Zoning Board of Adjustments The council moved into closed session at 7:55 p.m. Agenda Item No. 14 - Action on items listed under closed session. The council reconvened in open session at 8:44 p.m. 007429 City Council Regular Meeting Thursday, September 14, 1989 Page 7 No action was taken. Aqenda Item No. 15 - adjourn. Councilman Birdwell moved to adjourn. Councilman Haddox seconded the motion that carried unanimously, 7-0. The meeting adjourned. ATTEST: Cit~ones APPROVED: Mayor~ 007430 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 14, 1989 7:00 P.M. 2 6 7 10. 12 13 14 15 16 17 19 20 007450