HomeMy WebLinkAbout12/08/1988 - Regular Minutes City Council MINUTES
CITY COUNCIL REGULAR MEETING
THURSDAY, DECEMBER 8, 1988
7:00 P.M.
COUNCIL MEMBERS PRESENT:
Mayor Ringer, Councilmembers Brown,
Haddox, Gardner, McIlhaney,
Blrdwell, Schneider
STAFF PRESENT:
City Manager Ragland. City Attorney
Locke, City Secretary Jones,
Planning Director Callaway, Public
Information Officer Calliham, Asst.
PARD Director Cisneros, Director of
Capital Improvements Ash, Director
of Public Utilities Woody, City
Engineer Pullen, Purchasing Agent
McCartney, Assistant to the City
Manager Plwonka, Council Coordi-
nator Hooks
VISITORS PRESENT: See guest register.
Agenda Item No. 1 - Presentation of check by the City Council to
the A&M Consolidated Band for their travel fund in appreciation
of their continued participation in College Station celebrations.
Mayor Ringer presented a $250.00 check to Mr. Carl Idlebird, Band
Director, and to officers of the band for their continued support
in many city festivities throughout the year, particularly during
the recent Amtrak celebration.
Agenda Item No. 2 - Brazos Valley Animal Shelter's presentation
of Plaque to Mayor Ringer for his service on the Brazos Valley
Animal Shelter Board of Directors.
Mrs. Kathy Bice of the Brazos Animal Shelter came forward to
present a recognition plaque to Mayor Ringer for his dedicated
service as a member of the Board of Directors.
Agenda Item No. 3 - Approval of the minutes of the City Council
Workshop Meeting, November 9, 1988, the Regular Meeting, November
10, 1988, Special Meeting of November 21, 1988, and two Special
Meetings, November 28~ 1988.
Councilman Gardner moved approval of the minutes as presented.
Councilman Birdwell corrected a typographical error in the
heading of the 1:30 p.m. meeting on November 28th. Councilman
Birdwell seconded the motion which carried unanimously, 7-0.
City Council Regular Meeting
Thursday, December 8, 1988
Page 2
Agenda Item No. 4 - A public hearing on the question of
designating Wolf Pen Creek Corridor in Colleae Station as
Reinvestment Zone No. I under Tax Increment Financing Act.
(Council Issue No. 4)
Director of Planning Callaway explained this item. He pointed
out that the Wolf Pen Creek Corridor does not include more than
15% of the city's tax value. The area is predominately open with
partially vacant structures and much of the area is unplatted.
He showed a slide presentation illustrating several parts of the
corridor.
Councilman Brown asked if any businesses are now operating in the
area. Mr. Callaway responded that there are several businesses
currently operating, but this district will not affect their tax
payments.
City Attorney Locke described the proposed ordinance which finds
that a public hearing was held and recaps the testimony and
criteria as set out by City Planner Callaway. The ordinance
states that a board of directors will be established with five
members. The City Council shall appoint three (3) members, the
School District shall appoint one (1) member and the County
Commissioners Court shall appoint one (1) member.
Councilman Birdwell referred to the criteria as set out in the
ordinance under Paragraph D, Subsection (3). Ms. Locke replied
that this wording is required by state statute as set forth in
the Tax Increment Financing Act.
Mayor Ringer opened the public hearing.
No one spoke.
Mayor Ringer closed the public hearing.
Agenda Item No. 5 - Consideration of an ordinance designating
Wolf Pen Creek Corridor in Colleqe Station as Reinvestment Zone
No. 1, under the Tax Increment Flnancinq Act (Council Issue No.
4).
Councilman Brown moved approval of Ordinance No.
Wolf Pen Creek Corridor as Reinvestment Zone No.
Increment Financing Act.
1791 designating
1, under the Tax
Councilman Haddox seconded the motion which carried unanimously,
7-0.
City Council Regular Meeting
Thursday, December 8, 1988
Page 3
A~enda Item No. 6 - CONSENT AGENDA.
PLATS:
Final Plat - Southwood Valley Section 24C (88-212)
Final Plat - Replat of Lot 7 Block Two Rainbow Acres
Subdivision (88-213)
Preliminary Plat - The Athletic Complex (88-300)
BIDS: #88-28 - Electrical System Materials
#89-07 - (18) Miscellaneous Vehicles
#89-09 - Kaiser Aluminum Box Culvert
Annual Contract renewals for street materials.
Automatic Call distribution Recorder/Announcer.
Employee training program by Texas Engineering
Extension Service.
Councilman Birdwell removed the preliminary plat of the Athletic
Complex and the bids for Kaiser Aluminum Box Culverts.
Mayor Ringer stated that the remaining items were approved by
common consent.
Mr. Callaway described the preliminary plat for the A&M Consol-
idated Athletic Complex.
Councilman Blrdwell asked Mr. Callaway to discuss the possibility
of having an access road to the northwest end of the 22.8 acre
tract. He mentioned that there is not an access road from Welsh
Street between FM 2818 and Southwest Parkway. Mr. Callaway
stated that staff found through research of Paz discussion, that
in 1980 the Planning and Zoning Commission discussed accesses in
this area when the school district requested a use permit to
construct a bus maintenance facility. He also referred to
alternatives discussed in 1986 when this area was included in the
Wellborn Corridor Study.
Mr. Callaway reviewed the features on the submitted plat.
Councilman Birdwell commented that the city should require the
school to dedicate a street since there is no street access to
the southwest of the tract. Councilman Gardner commented that
the complex will become a traffic generator but is lacking in
accessibility.
Mr. David Brewer, Assistant Superintendent of A&M Consolidated
High School, came forward to provide additional information. He
stated that the school district is not in favor of an access
street because having to take some of the property for a street
would prevent the district from building the type of facility
they wanted and would also affect the parking area.
Councilman Birdwell moved approval of the Athletic Complex pre-
liminary plat provided that a public street be dedicated on the
City Council Regular Meeting
Thursday, December 8, 1988
Page 4
northwest portion of the tract.
motion.
Councilman Gardner seconded the
Discussion followed. The motion was defeated by a vote of 4-3.
FOR: Councilmen Schneider, Birdwell, and Gardner.
AGAINST: Mayor Ringer, Councilmen Brown, Haddox, and McIlhaney.
Councilman Mcllhaney moved approval of the preliminary plat with
the concerns addressed by the PreSubmission Conference, and to
direct the staff to look at accessing the undeveloped land and
make recommendations to the Council on how access to the area
should be provided.
Councilman Brown seconded the motion. The motion carried by a
vote of 5-2.
FOR: Mayor Ringer, Councilmen Haddox, Schneider, Brown, and
McIlhaney.
AGAINST: Councilmen Birdwell and Gardner.
The council discussed Bid item #89-09.
Councilman Birdwell asked staff to explain the costs of aluminum
box culvert versus galvanized steel or concrete pipe. City
Engineer Pullen explained that in this particular case, the
corrosion resistivity of aluminum was recommended as opposed to
steel in the environment where this culvert will be placed. Mr.
Pullen explained that the cost of each type of box culvert is
relatively the same.
Councilman Haddox moved approval of the contract to Contech
Construction, low bidder in the amount of $23,624.13 for the
Kaiser Aluminum Box Culvert.
Councilman Schneider seconded the motion which carried by a vote
of 6-1, with Councilman Birdwell voting against.
Agenda Item No. 7 - Nomination and appointment of 2 Directors to
the Board of the Greater East Texas Higher Education Authority,
Inc.
Mayor Ringer stated that he received a letter from the President
of the Greater East Texas Higher Education Authority, Dr. Malon
Southerland. The letter said that terms are expiring for places
6 and 10 on the Board of Directors and recommendation has been
made to reappoint Dr. Malon Southerland and Dr. Truitt Ingram.
The mayor noted that Mr. Larry Holt, General Counsel for the
Authority, was present to answer any questions.
Councilman Brown moved approval to appoint Dr. Malon Southerland
and Dr. Truitt Ingram as directors of the Board of the Greater
East Texas Higher Education Authority.
City Council Regular Meeting
Thursday, December 8, 1988
Page 5
Councilman Schneider seconded the motion which carried unan-
imously, 7-0.
Agenda Item No. 8 - Consideration of a request for a permit to
keep cattle within the city limits at a location near the Krenek
Tap Road and the Highway 6 Bypass. (Applicant Henry Etta Madison)
City Secretary Jones explained that Ms. Madison submitted an
application for a license to keep cattle on approximately 57
acres. A map was provided to show the location of the subject
tracts. Mrs. Jones stated that this item was advertised in the
EAGLE and thirteen letters of notification were mailed to
property owners; responses were received from two non-resident
owners, both opposing the permit.
Mrs. Jones stated that Mr. Lewis of the Health Department pointed
out that horses are being kept on the tract. Subsequently, Ms.
Madison has asked that the Council also consider allowing horses
on this tract.
Councilman Birdwell asked Ms. Jones if she was aware of
surrounding property owners who have a livestock permit. Ms.
Jones responded that she did not know of other permits. Mr.
Birdwell pointed out that there are cattle across Central Park at
Krenek Tap Road.
Councilman Haddox asked if the livestock permit included hogs.
Ms. Jones replied that the definition of livestock in the
ordinance includes cattle, hogs, horses. She stated that the
permit includes what specific type of animals will be allowed.
The applicant, Ms. Henry Etta Madison, 7801Kesswick Drive,
Austin, Texas came forward. She stated that she will keep only
cattle and horses.
Mayor Ringer pointed out that a portion of the tracts are
adjacent to an area platted as single family residences.
Councilman McIlhaney asked if the land will be leased.
Madison replied affirmatively.
Ms.
Mr. Paul Castenson, 3927 Green Valley Drive, College Station, who
proposes to lease the property, came forward to assure Mrs.
McIlhaney that the land will be maintained under sanitary
conditions. He stated that there are no structures on the land,
and this land will be used as grazing for the cattle.
Councilman Gardner moved approval to grant the license to Ms.
Madison to allow horses and cattle on the designated property and
subject to the requirements of the ordinance.
'070 2
City Council Regular Meeting
Thursday, December 8, 1988
Councilman Schneider seconded the motion.
Councilman Birdwell asked when the permits are renewed. Ms.
Jones replied annually.
The motion to approve the permit carried unanimously, 7-0.
Agenda Item No. 9 - Consideration of Wolf Pen Creek Corridor -
Page 6
Phase One Project.
Mr. Tony Clsneros, Assistant Director PARD, presented this item.
He stated that on November 10th, the Council directed staff to
look at Wolf Pen Creek with the intention of specifying the one
site they felt would be the best for the first phase
implementation. He presented an overhead presentation to
illustrate the proposed designated first phase site.
Ms. Cisneros stated that this item has been placed on the agenda
for council consideration of the first phase as recommended by
the staff. He noted that action by the Council will allow J.T.
Dunkin & Associates to proceed with the grant application.
Councilman Haddox moved approval of Phase I Master Plan and to
allow the consultants to proceed with the grant application to
the Texas Parks and Wildlife Department, approval of $100,000
additional funding needed from bond contingencies to enable the
application to be submitted, and to direct the Wolf Pen Creek
Steering Committee to diligently pursue land, money or any type
of donations.
Councilman Schneider seconded the motions.
Councilman Birdwell asked for the number of parking spaces in
this plan. Mr. Cisneros replied that the plan calls for 75
spaces. Mr. Blrdwell questioned whether the City will meet its
own requirements for off-street parking.
Councilman Birdwell explained his decision to vote against this
item. He stated that a major project such as this one should
Justify the vote of the citizens; he referred to the proposed
parking plan and to drainage money being spent to build the lake.
Councilman Gardner commented that this is a preliminary plan and
the staff will concentrate on efforts to finalize the plan for
matters such as parking and walking areas at the amphitheater.
The vote to approve the Wolf Pen Creek Corridor - Phase One
Project carried by a vote of 6-~, Councilman Blrdwell voting
against.
City Council Regular Meeting
Thursday, December 8, 1988
Page 7
Agenda Item No. 10 - Consideration of an ordinance amending
Chapter 3 of the Code relating to Building Regulations, by adding
a new section 8, Property Maintenance Requlations. (Council
Issues No. 6 and 10)
City Attorney Locke recalled that Council discussed a menu of
provisions at a previous workshop meeting. This menu would allow
for an ordinance for minimum levels of maintenance. She pointed
out that the ordinance sets several levels of review and intends
to be directed to significant maintenance problems.
Councilman Brown moved approval of Ordinance No. 1792.
Councilman McIlhaney seconded the motion.
Councilman Birdwell asked how this ordinance will be enforced by
staff. Mr. Brown mentioned that the cover letter states that Ms.
Klm Johnson, will work with Building Department inspectors to
locate significant violations throughout the City. Qualifying
participants will be directed to the Community Development Office
for financial assistance in making repairs.
The motion carried by a vote of 7-0.
A~enda Item No. 11 - Consideration of an ordinance amending
Chapter 10 of the Code relating to the Traffic Code, by adding a
new Section 6 Regulating Recreational Vehicles, Trailers and
Trucks in Residential Areas (Council Issue No. 6)
Ms. Locke explained that this item was discussed by the Council
at a prior workshop meeting. The ordinance has been prepared with
council direction. She stated that this ordinance will prohibit
trailers and trucks from parking on residential streets for other
than loading or unloading, and from parking on residential front
yard drives; and, prohibit recreational vehicles on residential
streets and residential front yard drives for a period of time in
excess of 72 hours within a 30-day time period.
Councilman Birdwell moved approval of Ordinance No. 1793.
Councilman Haddox seconded the motion.
Councilman Gardner moved to amend the ordinance by changing
Section A, paragraph 10, the word "carrying" to "rated".
Councilman Brown seconded the motion to amend.
carried unanimously, 7-0.
The motion
The motion to approve Ordinance No. 1793 as amended carried
unanimously, 7-0.
""97044
City Council Regular Meeting
Thursday, December 8, 1988
Page 8
Auenda Item No. 12 - Consideration of a resolution authorizin~
the Mayor to execute a power line crossing agreement with Gulf
States Utilities.
City Attorney Locke explained that the Electrical Department has
contacted Gulf States Utilities for authorization to cross its
138KV line with one of our own. GSU will allow the City to cross
its 138KV line at no cost.
Ms. Locke recommended that in Section 4 of the agreement the word
"sole" be struck from the phrase "... liability claim or cause of
action is caused by the sole negligence of GSU, its employees,
agents or representatives."
Councilman Blrdwell moved to approve Resolution No. 12-8-88-12
authorizing the Mayor to execute a power line crossing agreement
with GSU, with the City Attorney's recommendation to strike the
word "sole" from Section 4.
Councilman McIlhaney seconded the motion which carried unan-
imously, 7-0.
A~enda Item No. 13 - Consideration of authorization for the City
Manager to execute a contract extension with R.W. Hardin for
completion of the landfill hydrology work.
City Engineer Pullen explained that this item is for the
additional work and completion of the hydrology work required for
the amendment to the Permit #1444 at Rock Prairie Road.
Councilman Brown moved approval for the City Manager to execute a
contract extension with R.W. Hardin for completion of the
landfill hydrology work at Rock Prairie Road. Councilman
Schneider seconded the motion which carried unanimously, 7-0.
A~enda Item No. 14 - Hear Visitors.
No one spoke.
Aoenda Item No. 15 - Closed session to discuss staff report
[6252-17(2)(r)], and personnel [6252-17(2)(g)].
The Council moved to closed session at 8:25 p.m.
A~enda Item No. 16 - Action on closed session.
The Council reconvened in open session at 10:13 p.m.
The following action was taken: Councilman Brown moved to
appoint Steven Esmond as a member to the Planning and Zoning
Commission, 5/90. Councilman Schneider seconded the motion which
carried unanimously, 7-0.
City Council Regular Meeting
Thursday, December 8, 1988
Page 9
Councilman Birdwell moved to appoint Mark Magee to the Community
Development Loan Committee, 5/90; and Charlie Burris as Chairman,
5/89. Councilman Haddox seconded the motion which carried unan-
imously, 7-0.
Councilman Schneider moved to appoint Dan Sears as a member of
the Structural Standards Board, 5/90. Councilman Haddox seconded
the motion which carried unanimously, 7-0.
Agenda Item No. 17 - Adjourn.
Mayor Ringer adjourned the meeting at 10:15 p.m.
APPROVED:
ATTEST:
770m. 6
GUEST REGISTER
CITY COUNCIL REGULAR MEETING
THURSDAY, DECEMBER 8, 1988
7:00 P.M.
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