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HomeMy WebLinkAbout03/23/1989 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 23, 1989 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, Gardner, Schneider, Haddox, McIlhaney COUNCIL MEMBERS ABSENT: Councilman Birdwe11 STAFF PRESENT city Manager Ragland, City Secretary Jones, City Attorney Locke, City Engineer Pullen, Assistant City Attorney Banks, Assistant City Manager Br~mer, Assistant City Manager Woody, City Judge Banks, Assistant to the City Manager Piwonka, City Plak-er Callaway, Community Development Director Fette, Finance Director Harrison, Public Information Officer Calliham STUDENT GOV,T LIAISON Shannon Maloney VISITORS PRESENT: See guest register. Agenda Item No. 1 - Signing of a proclamation designating the wee~ of April 2-9, 1989 as the "Week of the Young Child-. Ms. Kathy Hudgens came forward to accept the proclamation signed by Mayor Ringer. Aqenda Item No. 2 - Siqninq of a proclamation desiqnatinq April 16, 1989 as "Hands Across Aqgieland Day,,. Mayor Ringer read the proclamation and presented it to Ms. Keri Keilberg of the Student Y at Texas A&M University. Mayor Ringer announced that Councilmember Birdwell had asked to be excused as he is out of town. The council concurred. Aqenda Item No. 3 - A public hearinq on the question of ~mendin- Section 6 of Chapter 10 of the Code of College Station pertaining to the parkinq, standinq, or storing of vehicles, recreational vehicles, trailers or trucks in residential, areas Bnd providin7 for the prohibition of parking vehicles on front yards excludin- driveways and a special exception procedure. (Co-ncil Issue No. 6) Mayor Ringer opened the public hearing. 007217 City Council Regular Meeting Thursday, March 23, 1989 Page 2 Mr. Howard Anderson, 501 Guernsey, addressed the Council. He pointed out that he should be able to park his vehicles in any manner he chooses. He added that the city should not have additional laws which would be selectively enforced. Mayor Ringer asked Mr. Anderson if he has a trailer. Mr. Anderson replied that he keeps a trailer parked on a concrete slab. Mr. E.W. Sayers, 506 Brooks, addressed the Council. He stated that he owns a Coachman trailer which is parked on his front lawn or driveway, and the neighbors do not object. He stated opposition to this ordinance. Mr. Carroll Bell, 1406 Lawyer, addressed the Council. He stated his concern that many people may park along the street when they are forced from their yard. He cited two examples in his neighborhood where several people park along both sides of the street and congest traffic. He expressed opposition to this ordinance. Mr. Joel Harms, 410 Fairview, came forward. He stated that he has a boat that is parked alongside the driveway and his neighbors have raised no objection. Mr. George Sopasakis, 1603 Lawyer expressed his opposition to the ordinance. He owns two boats parked on his front lawn. Mrs. Janeille Gehring, 1014 Hereford, addressed the Council. She noted that Hereford Street is not wide enough to park vehicles on the street. She pointed out that this issue is normally covered by zoning laws. She challenged the legality of the matter. Ms. Gehring provided the Mayo~ with a written statement on this subject. Mr. Vernon Smith, 1015 Harrington, came forward to address the Council. He voiced opposition to the ordinance. He asked Council to keep the society in College Station "simple". Mr. Stephen Searcy, 1205 Glade, stated his support of the ordinance. He noted that rental houses in his neighborhood have occupants who park their vehicles on the front lawn and creates an eyesore. Mrs. Dorothy Holland, 514 Kyle Ave, spoke to the Council. She stated the appearance along the street has declined. She hoped that something can be done to keep vehicles off the front lawn. Mr. Anderson asked who prepared the ordinance. Mayor Ringer replied that the City Attorney prepared the ordinance based on discussion held by the Council in reaction to comments about 007218 City Council Regular Meeting Thursday, March 23, 1989 Page 3 recreational vehicles and trailers, parked on streets, and complaints from individuals on cars parked on yards. Mr. Smith asked if there are alternatives to solving this problem. Mayor Ringer added that if an ordinance in not approved, there is no authority to enforce action to alleviate the problem. Mayor Ringer clarified that the proposed ordinance would be administered and enforced through the zoning office and on a reactive basis, that is, staff would react to complaints or concerns brought to the city. He stated that there will be a reasonable time period for individuals to solve the problem by either paving or providing a gravel surface. Mr. Smith responded that gravel driveways are not the solution. City Attorney Locke pointed out that a special exception provision written in the ordinance will allow individuals with a hardship case to seek a permit. Mayor Ringer closed the public hearing. Councilman Brown commented that the original complaints were from persons living near rental property and objecting to the large number of students parking on front yards. He added that he would like to see if rental property can be exclusively stated in the ordinance. Ms. Locke replied that problems may arise if this certain type of property is singled out for this kind of treatment. Councilman Haddox reiterated to the audience that staff's enforcement of this ordinance would be reactive in these situations. Councilman Gardner commented that many city streets are too narrow. He pointed out that many residential neighborhoods normally have one or two cars parked in a driveway or front lawn, but when there are five-six cars parked at one house, the appearance is unpleasant. Councilman Brown suggested that this issue be forwarded to a Council Committee. Councilman Schneider stated that two principles apply to an ordinance. First, it must be enforceable; and, secondly, it must be enforced. He stated that he has experienced many problems associated with parking, etc. and he has seen many individuals who have an attitude problem toward these situations. Councilman Brown asked staff to look at alternatives for the parking situation on Lawyer, Hereford and Dexter Street. 007219 City Council Regular Meeting Thursday, March 23, 1989 Page 4 Mayor Ringer mentioned that duplex properties have inadequate parking. Mr. Bell stated that he has no problem with cars parking on one side of the street. Mayor Ringer read the ordinance to the audience. At the council's consensus, Mayor Ringer placed this item on the agenda for the next regular meeting, April 13, 1989. Mayor Ringer noted that a public hearing will not be scheduled at that time; however, the public will be able to address the Council again on the issue. He thanked the citizens who presented their concerns and thoughts. Aqenda Item No. 4 - Consideration of a Prelim~ar~ Plat for Emerald Forest Phase 8 (89-303) and proposal for oversize partioi- pat~on relatinq to br~dqe and street. (owner~ ~11en Swoboda) Director of Planning Callaway explained this item. He stated that the preliminary plat provides for the addition of 84 residential lots to the Emerald Forest Subdivision. He noted that this item includes the potential for oversized participation and discussed at the previous workshop meeting. He pointed out that this plat does contain along the northwest boundary of the plat, a 30' wide right-of-way reserve but does not constitute a half-street. He pointed out the significance of the right-of-way reserve because it may have future cost implications for the city. The Planning and Zoning C6mmission recommended approval of the plat with the'stipulation that the existing gravel road which provides access to the wastewater treatment plant not be used to provide access to the proposed section of Emerald Forest in its current condition. Mayor Ringer expressed concern about one-half of a right-of-way dedicated in one plat rather than the entire right-of-way dedicated in the same plat. Problems occur when one-half of a right-of-way is dedicated to one property owner on part of a plat and the other half of the right-of-way is dedicated to a different property owner on another plat. Councilman Gardner asked if the design of this portion of Emerald Forest Subdivision could have included a street at this location. Mr. Callaway stated that if the street were placed in this exact location, the subdivision could be designed such that lots would front the street, which could be utilized for access. 007220 City Council Regular Meeting Thursday, March 23, 1989 Page 5 Mayor Ringer recalled that the issue of oversized bridge participation would be subject.to negotiation with the developer. He pointed out three alternatives to be considered on the oversized bridge participation. Further discussion continued. Councilman Brown moved approval of the plat as presented denying access to the wastewater treatment plant road as it currently exists, with the removal of the oversized participation on the bridge and street and leaving this as a negotiable item with the developer. Councilman Schneider seconded the motion which carried by a vote of 6-0. The developer, Mr. Swoboda, agreed with the motion. Councilman McIlhaney asked staff to look at the Raintree extension and provide Council with feedback on the direction the City should take at the time the final plat is presented. Aqenda Item No. 5 - CONSENT AGENDA (5.1) Approval of the minutes of the City Council Workshop Meeting, March 8, 1989, and the Regular Meeting, March 9, 1989. (5.2) Final Plat - Plantation Meadow (89-203) (College Station ETJ; owner: Joe S. Osoba). (5.3) Final Plat - Plantation Meadow (89-204) (College Station ETJ; owner: Joe S. Osoba). (5.4) Bid #89-27 - Miscellaneous transformers (5 items: staff recommends iow bidder for each item) (5.5) Bid #89-29 - Utility Service Bodies (for the four one-ton trucks approved in January; staff recommends low bidder, Haffert Equipment Company; FY '88-'89 Utility Fund Budget) (5.6) Award construction contract for City Hall renovation. (Staff recommends award to iow bidder Diamond Construction Co., to include base bid, alternates 2, 4, 5 and addendum) (5.7) Appointment per recommendation of Board of Directors of the Greater East Texas Higher Education Authority, naming Mr. Rod Pittman to Place 8, to serve the remainder of a two year term expiring the first day of December, 1990. Mayor Ringer removed Consent Agenda Items No. 5.2 and No. 5.3. The remaining items were approved by common consent. 007221 City Council Regular Meeting Thursday, March 23, 1989 Page 6 Mayor Pro-tem Fred Brown asked Mr. Callaway to describe the final plats. Mr. Callaway stated that both plats are located in the ETJ near the I&G Railroad right-of-way and Dowling Road. The Planning and Zoning Commission recommended approval of the plats. Councilman McIlhaney asked about sewer service to this area. Mr. Callaway replied that the developed properties would provide their own septic systems. Councilman Haddox moved approval of the final plat, 89-203 and the final plat, 89-204. Councilman Schneider seconded the motion which carried 5-0-1, Mayor Ringer abstaining. Agenda Item No. 6 - Consideration of authorizing city staff to negotiate with Bryan reqardinq the use of 1988 Community Development Funds amountinq to $10,000, in further support of fha Br~an-Colleqe Station 8mall Business Developm~at SystAt. (Cou~oi] Issue No. 14) Mr. Fette presented the Council with a handbook including the market analysis, funded by the City. Councilman Brown asked if $10,000 covered the incidental costs. Mr. Fette replied that the contract does not provide for the computer equipment to operate software from which the Small Business Development System will be monitored. He added that the $10,000 has been proposed to further support the Small Business Development System, of which $3,000 will be allocated toward the computer work station. College Station had previously committed 1987 CD funds in the amount of $10,000 toward the market analysis. Mr. Fette further explained that the cost of the contract between the City of Bryan and the Council for Economic Action is $90,000, of which Bryan received a HUD grant for $30,000, TEES contributed $15,000, and the City of College Station has contributed $10,000. Councilman McIlhaney stated that she would like to see these CD funds utilized in support of this effort, because the purpose of CD funds is directed toward low-income minority groups in the area. Councilman Brown agreed. Mr. Fette mentioned that the use of CD funds has become a beneficial investment toward the development of small businesses within low income populations and minority populations. Councilman Schneider asked if the financial community has expressed an opinion toward the plan. Mr. Fette stated that this program has been favorably received by the banking industry. Councilman Haddox moved approval authorizing the city staff to negotiate with the City of Bryan, regarding the use of 1988 007222 City Council Regular Meeting Thursday, March 23, 1989 Page 7 Community Development Funds, amounting to $10,000, to further support the Bryan/College Station Small Business Development System. Councilman Brown seconded the motion which carried unanimously, 6-0. &qenda Item No. 7 - Consideration of an ordinance repealinq Ordinance No. 1233 and amending Ordinance No. 682, which ordinances were codified as Chapter 12, Section 1, Subseotio- B (1) of the Code of the City of College Station, providing tha~ property ownership is not a requirement for service on the Planninq and Zoning Commission, providinq that the number of terms be limited, and providing for automatic removal based upo- absences. Mayor Ringer clarified the changes in the ordinance. He stated that the number of terms has been changed to three terms, or seven consecutive years. Also, "a member may be automatically removed without the necessity of charges and hearing, in the event that said member is absent from twenty-five percent (25%) or more of the hearings in a twelve (12) month period." Councilman Gardner pointed out that "hearings" should be changed to read "regularly scheduled meetings". He also asked that the sequence of the paragraph be changed. He suggested that the last sentence referring to the appointment be placed at the beginning of the paragraph after the first sentence. The sentence referring to the removal of members should be placed at the end of the paragraph. Councilman Gardner moved approval of Ordinance No. 1805 with the suggested changes. Councilman McIlhaney seconded the motion which carried unan- imously, 6-0. Agenda Item No. 8 - Hear Visitors. Mrs. Jan Gehring, 1014 Hereford, addressed the Council. She stated her objection to an item presented by Judge J.D. Langley at the March 9th council meeting relating to the proposed 15th Court of Appeals to be located in Brazos County. She presented a written statement to the Council. Mr. Milton Bell, Route 3, Box 58, addressed the Council. He mentioned that he recently purchased a new air-conditioning system for his system. He asked if the City of College Station could provide a rebate program as an incentive for persons who are interested in purchasing energy efficient units. He also asked the Council to look into ~urchasing power from another supplier. 007223 City Council Regular Meeting Thursday, March 23, 1989 Page 8 Councilman Haddox mentioned that the City is currently seeking bids for competitive prices. Councilman Schneider responded that Mr. Bell has an excellent suggestion. The Council agreed that staff should look into different types of rebate programs that would encourage residents to upgrade their energy systems. Councilman McIlhaney suggested that this issue be researched by the Energy Management Committee. &qenda Item No. 9 - Closed session to discuss land acquisition [6252-17 ¢2) (f) ], to discuss personnel [6252-L7 (2) (cf) ], and to receive staff reDorts [6252-17 (2) (r) ]. (9.1) Discussion of land acquisition [6252-17(2)(f)] (9.2) Discussion of administrative personnel [6252-17(2)(g)]. - Municipal Court (9.3) Staff Reports [6252-17(2)(r)] - Report from Judge of Municipal Court - Report on Contract Negotiations for Power Purchase - Legal Report &qenda Item No. 10 - Aotion on closed session. The Council returned to open session at 10:15 p.m. Mayor Ringer announced that the City Affairs Committee of the Council will examine the minimum fine structure and bring back possible recommendations to the Council. He also asked staff to consider as part of the decision packages in the budget process, the addition of a warrant officer for the Police Department and Municipal Court. Councilman Schneider moved to adjourn. Councilman Haddox seconded the motion which carried unanimously, 6-0. APPROVED: City lan Jones ~r 007224 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 23, 1989 7:00 P.M. 24. 25. 26. 27. 28. 29. 30. 007225