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HomeMy WebLinkAbout11/29/1989 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING WEDNESDAYt NOVEMBER 29t 1989 4=00 P.M. COUNCIL MEMBERS PRESENT: STAFF PRESENT= STUDENT GOV'T LIAISON= VISITORS PRESENT: Mayor Ringer, Councilmembers Brown, Haddox, Schneider, Birdwell, Gardner, McIlhaney City Manager Ragland, City Secretary Jones, City Attorney Locke, Assistant City Manager Brymer, Assistant city Manager Woody, Finance Director Harrison, Budget Director Schroeder, Fire Chief Landua, Development Services Director Ash, Public Infor- mation Officer Calliham, Planning Director Callaway, Management Services Director Piwonka, City Engineer Pullen, Assistant City Engineer Smith, Chief Accountant Hubbard, Accounting Staff, and Assistant City Secretary Hooks Shannon Maloney See guest register. Before officially opening the meeting, Mayor Ringer presented Mr. Bill Harrison, the city's Finance Director, a plaque for "Excellence in Financial Reporting" awarded by the Government Finance Officer's Association, for the FY 1988 Financial Report. Chief Accountant Kathy Hubbard was presented a Certificate of Achievement. She recognized the Accounting Division's members present at the meeting and she also thanked Ms. Toni Johnson for her hard work in preparing the accounting report on the word processor. Mayor Ringer opened the meeting. Agenda Item No. I - Judge R.J. ,,Dick,, Holmgreen to present a safety award to the City of College Station. Judge Holmgreen presented a safety award plaque to the City of College Station for its zero-fatalities record over the Fourth of July holiday period 1989. Mayor Ringer accepted the plaque. 007553 City Council Regular Meeting Wednesday, November 29, 1989 Page 2 &qenda Item No. 2 - & public hearinq on the subject of determininq the amount of assessments and assessinq abuttinq property owners for pavinq improvements made on Fidelity Street from Fairview Street to F.M. 2154 (Wellborn Road). Assistant City Engineer Smith explained this item by stating that this public hearing is the second of two hearings required by City Code. Street improvements made on Fidelity Street were ordered by City Council on May 26, 1988 as the result of a petition by property owners. He further stated that the Council approved the method of calculating the assessments as one-third of the cost to the owners, and two-thirds of the construction costs to the City. He noted that the final cost per front foot is $17.28. Mr. Smith pointed out that the Engineering Office received a letter from Mr. David Burdick in March of this year. This letter mentioned several concerns about the project. The Engineering staff has addressed his concerns. Mayor Ringer opened the public hearing. Mrs. Lambert Wilkes, Rt. 5, Box 1257, owner of the property at 600 Fairview, addressed the Council. She reported that several cracks still need repair and she asked for delay of assessment until such repairs are made. Mr. Ed Cook, 205 Grove, owner of the property at 104 Fidelity, stated that he purchased the property at the end of the summer and he was unaware of the assessment charge. He pointed out that curb and gutter needs finishing touches. Mayor Ringer suggested Mr. Cook speak to the seller about any misunderstanding. Mr. Kyle Pugh, 305 Fidelity, thanked the Council for seeing that this project was needed. Councilman Birdwell asked Mr. Pugh if he had seen the letter from Mr. David Burdick. Mr. Pugh replied that he has seen the letter and he does not see any problems, except for several cracks which were repaired by Young Brothers. He stated that he is pleased with the project. Mr. Jack DeMuynch, 107 Fidelity, addressed the Council. He also stated that he was pleased with the project. Mr. DeMuynch asked if the property owners were notified when the improvements were going to be started. Mayor Ringer replied that the original petition to the Council requested paving from Fairview to Highland. The Council discussed this request, and they decided the paving project would consist of four blocks. He added that there may not have been a letter to property owners notifying them of the additional blocks. 007554 City Council Regular Meeting Wednesday, November 29, 1989 Page 3 Mr. Mark Smith clarified that he has no record of the letter notifying the property owners on the additional block. Mr. Mark Coppick, 301 Fidelity, expressed his appreciation to the Council. Ms. Helen Pugh, 305 Fidelity, asked the Council to extend the maintenance contract with the Contractor, in the event the cracks become larger. Mayor Ringer stated that the maintenance cost is the city's responsibility after the contract expires. Mayor Ringer closed the public hearing. &qenda Item No. 2 - Consideration of an ordinance closinq the public hearinq to the property o~ners abuttinq Fidelity Street and lev~inq an assessment for pa~nent cE a part of the cost of improvinq Fidelity Street. Councilman Birdwell moved approval of Ordinance No. 1832. The motion was seconded by Councilman Schneider which carried unan- imously, 7-0. The council asked staff to check with the contractor about repairing the cracks and damages which were mentioned during the public hearing. &qenda Item No. 4 - CONSENT &GEND&. (4.1) Approval of the minutes of Council's Workshop Session, November 8, 1989, and the Regular Session, November 9, 1989. (4.2) Approval of a final ETJ plat - Elliott Subdivision (89-213) (4.3) Approval of the reappointment of two members to the Board of Directors of the Greater East Texas Higher Education Authority. (4.4) Approval of renewal blanket purchase order- NCNB Texas; continuation of banking services contract. ($40,000; FY 89-90 General Fund Operating Budget). (4.5) Approval of a resolution authorizing renewal of a lease agreement between the City of College Station and L.A. Ford for the Amtrak Station property. (4.6) Award of contract to the low bidder for the reconstruction of Stallings Street between Harvey Road and University Oaks Blvd. (ST-1008, FY 1983 General Obligation Bonds) Councilman Birdwell removed Item No. 4.5. Councilman Brown removed Item No. 4.4, and Councilman Gardner removed Item No. 4.1. Mayor Ringer stated that Consent Agenda Items No. 4.2, 4.3, and 4.6 were approved by common consent. 007555 City Council Regular Meeting Wednesday, November 29, 1989 Page 4 Consent Agenda Item No. 4.1 - Approval of the minutes. Councilman Gardner referred to the next to the last paragraph on page 4, of the Workshop minutes. He revised the wording to read: "...the Highway Department has plans to develop a highway from the Green's Prairie/Texas Avenue interchange to the intersection of Graham Road with Wellborn Road. He mentioned that he has not seen any evidence that the City has been involved with the planning of this proposal." Councilman Gardner moved to approve the minutes as amended. The motion was seconded by Councilman Schneider which carried unan- imously, 7-0. Consent Agenda Item No. 4.4 - Approval of renewal blanket purchase order - NCNB. Councilman Brown removed the item because he will abstain from the vote. Councilman Schneider moved approval of the renewal purchase order - NCNB for continuation of banking services ($40,000, General Fund Operating Budget, FY 89-90). Councilman McIlhaney seconded the motion, which carried by the following vote of 6-0-1: FOR: Mayor Ringer, Councilmen Birdwell, McIlhaney, Schneider, Gardner, and Haddox AGAINST: None ABSTAINED: Councilman Brown Consent Agenda Item No. 4.5 - Approval of a resolution authorizing renewal of a lease agreement between the City and L.A. Ford for the Amtrak Station property. Councilman Birdwell stated his opposition to this item. Councilman Brown moved approval of the resolution. Councilman Haddox seconded the motion which carried by a vote of 6-1, as follows: FOR: Mayor Ringer, Councilmen Brown, McIlhaney, Schneider, Gardner, and Haddox AGAINST: Councilman Birdwell &qenda Item No. 5 - Review a~d consideration of a per-4t to keep chickens at X020 Francis Drive (applicant: Ja~es Huqhes). (Ninety- day permit was authorized bT Council, auqust 24, X989). Mayor Ringer noted that this item has been brought back to the Council because approval was contingent on the results from a ninety-day permit. 007556 City Council Regular Meeting Wednesday, November 29, 1989 Page 5 Councilman Birdwell moved to deny renewal of the permit. motion was seconded by Councilman Schneider. The Councilman Birdwell noted that the Council has received documented complaints. A vote was taken and the motion to deny renewal carried unanimously, 7-0. &~ende Item No. 6 - Oonsidereticn of authorizinq the Hayer to execute an agreement transferring the remainder of the Riewe & Wisohmeyer professional services contract to McDow & associates. Councilman Birdwell moved approval of the agreement. The motion was seconded by Councilman Brown and passed by a unanimous vote of 7-0. &qenda Item No. 7 - Discussion of proposed Emerald Forest Phase VIII and related items. Development Services Director Elrey Ash presented this item. He showed an overhead presentation and reviewed background information and events leading to this point. The developer, Mr. Allen Swoboda, wishes to extend the boundaries of the Emerald Forest subdivision. In November, 1988, he submitted an initial proposal for bridge, channel, and street construction for a total of $388,885.00. He proposed that the City pay 60% of the project costs, or $233,330, and developer, 40%, or $155,555. Subsequently, negotiations were entered into with Mr. Swoboda. Mr. Ash discussed further background details. On March 23, 1989, Council approved a preliminary plat of Emerald Forest Phase VIII subject to the following two conditions: 1) access be denied to sewer plant road to the Bypass: and, 2) the bridge and overpass be negotiated separately. On November 1, 1989, Mr. Swoboda presented a proposal to the staff that the city pay 65% of the construction costs of the bridge and channelization, $270,000. Planning Director Callaway explained the planning phase of the project. He stated that the new residents in the proposed phases will not have direct access to facilities in the Emerald Forest Subdivision such as parks and the completed underpass at the East Bypass. The lack of the extension of Appomattox through Emerald Forest will have a negative impact on the services provided. Mr. Callaway further pointed out that access to future facilities that are eventually built might be difficult under the proposed plat. Mr. Callaway discussed land use in the area. He stated that if growth continues in the area, staff feels that it may be best to consider development timing, and that major facilities, such as Appomattox be continued logically as growth continues. The plat does not provide for these terms. Mr. Callaway read Sections 8.G.1 and 8.G.8 of the Subdivision Regulations. 7557 City Council Regular Meeting Wednesday, November 29, 1989 Page 6 City Engineer David Pullen presented the engineering issues which pertain to this plat. He noted that the frontage roads at the East Bypass will probably be one-way in approximately three years. He presented a scenario of a resident of Emerald Forest Phase VIII driving to Humana Hospital when the frontage roads have changed. He stated that the residents will suffer the biggest impact. Also, several lots are facing the traffic that will be traveling to and from the Wastewater Treatment Plant. Mr. Pullen described the problems associated with phasing of the development. He presented two options; one is to build Appomattox Drive to 100-year design with respect to drainage, rather than building North Forest Parkway. If this option were established, access to the interchange would be allowed and FEMA standards provided. The other alternative is to build a design structure less than Appomattox Drive, a 25-year structure, to reduce the crossing cost. However, this would require North Forest Parkway, to relieve possible flooding problems. Councilman Haddox commented that he feels having both streets (Appomattox and North Forest Parkway) would be fair to all persons involved. Mr. Pullen replied that the problems associated with this idea is funding capital cost of both facilities at the same time. Mr. Pullen pointed out the factors influencing the percentage of city participation for bridges. He stated that 70% of the access will be utilized by the people living in the area, and 30% will be from outside usages, such as garbage service, fire service, etc. Staff recommends that the developer construct Appomattox Drive across Bee Creek as a 100 year design and change the phasing of development; and, that the city participate to 30% of the cost of construction of the bridge and channel excavation. Councilman Birdwell asked the cost of North Forest Drive. Swoboda replied, approximately $120,000 to $130,000. Mr. Councilman Haddox commented that it may be a good idea for the city to pay 100% channelization and 30% bridge participation. This figure would be $139,500 of the total project. Mr. Swoboda stated that he does not agree due to the economic factors. Councilman Birdwell commented that it is poor planning to have 186 lots served by a single street off a one way feeder road. Councilman Haddox noted that he feels the city should contribute more than average because of the unusual drainage area and linkage from north to south. Councilman Birdwell concurred with Councilman Haddox's idea that the city participate 100% channelization and 30% bridge. Councilman Brown stated concern about adding extra traffic usage to the existing Appomattox Drive. 007558 City Council Regular Meeting Wednesday, November 29, 1989 Page 7 Mayor Ringer summarized the comments expressed by Council. He stated that he felt the Council is strongly in favor of tying Appomattox across a bridge and the Council is willing to discuss participation beyond 30%. Councilman Haddox asked Mr. Swoboda if he would be satisfied if the city were willing to pay $163,000. Mr. Swoboda replied that he would rather see a percentage figure, with a figure in mind. After further discussion by the Council, City Manager Ragland stated that he will direct staff to work with Mr. Swoboda per the Council's remarks. Councilman Haddox suggested to the staff to negotiate further with Mr. Swoboda, in a price range feasible to him, and to look at spending 100% participation in drainage and 45% bridge participation; or, to find a figure suitable to Mr. Swoboda and calculate the percentages accordingly. Councilman Haddox moved to instruct the staff to negotiate with the developer, Allen Swoboda, using the theory that the city pay 100% drainage cost and up to approximately 45% of the bridge cost; and if the cost is over the figures presented in the latest proposal, it must be justified by bid. He added to the motion that the Council indicated that the plat is submitted on the basis that North Forest Parkway will be developed in the future as an additional outlet for the subdivision. Councilman Brown seconded the motion. Mayor Ringer clarified that the Council concurs that access be provided from the new subdivision to the Bypass. Mr. Birdwell stated that Mr. Swoboda does not need to show the entire North Forest Parkway on the plat. After further discussion was held, Councilman Birdwell moved to amend Councilman Haddox' motion, revising it to remove North Forest Parkway from the west property line to the Bypass. Councilman Haddox seconded. The motion failed by the following 2-5 vote: FOR: Councilmen Birdwell and Haddox AGAINST: Mayor Ringer, Councilmen McIlhaney, Gardner, Schneider, and Brown Mayor Ringer reiterated that the discussion on this item was held to express the desire of the Council for this project. The vote was taken on the main motion, which was approved unanimously, 7-0. Mayor Ringer repeated the approved motion. 007559 City Council Regular Meeting Wednesday, November 29, 1989 Page 8 Aqenda Item No. S - Consideration of an ordinance providinq for an election to be held on Januar~ 20, 1990, placin~ on the Ballot a proposition on ,,The adoption of an additional one-half of one percent local sales and use tax within the city to be used to reduce the property tax rate.,, Mayor Ringer commented that he does not believe it would be feasible to have this item as a single issue item on the ballot, he added that the city may be better served to place this item on the May 5, 1990 ballot. Councilman Gardner agreed. Councilman Birdwell moved to defer consideration of this item of placing this issue on the ballot, until appropriate for the May 5, 1990 election. The motion was seconded by Councilman Brown which carried unan- imously. 7-0. &aenda Item No. 9 - Hear Visitors. No one spoke. &qenda Item No. 10 - Council Concerns. Councilman McIlhaney stated that the Community Center Advisory Committee is having problems holding their monthly meetings because of the lack of a quorum. Ms. Gracie Calbert asked Mrs. McIlhaney if she would bring this item under council concerns to see if there is a possibility of obtaining two alternates. Mayor Ringer asked staff to put this item on a future meeting to discuss an ordinance amendment to provide for the appointment of two alternates. Councilman McIlhaney mentioned that the persons she met at the Airport dedication were very complimentary of several members of the city staff. Councilman Haddox reported that he is very glad that the City has contributed to Easterwood in the past years and he is hopeful that the new airport terminal will help from an Economic Development standpoint. Secondly, he referred to the triangular area in front of the TAMU Systems' building near the Hilton; he hoped the Council will be supportive if the city acquires use of the property, to possibly convey to A&M a request that they build a fountain. City Attorney Locke responded that she has seen a memorandum regarding this property; she recalled that the property is under private ownership and a tax lien has been placed on it. Also, it did not indicate dedication of the property. Councilman Haddox thanked A.P. Boyd, Allen Swoboda, and Pat Williams for their work in keeping the 150' live oak trees in the easement along A&M Church of Christ. 007560 City Council Regular Meeting Wednesday, November 29, 1989 Page 9 Councilman Brown stated that he and Mayor Ringer addressed the fifth and sixth graders at Oakwood Middle School, about recycling. He asked staff to report on the possibility of establishing a neighborhood as a test case on recycling. Mr. Ragland reported that staff will be bringing Council a comprehensive report soon. Secondly, Sharon Colson has inquired about the future street maintenance for streets in the neighborhood of Neal Pickett, Merry Oaks, Westover, and Berkeley. Councilman Gardner concurred with Councilman Brown's comments about recycling. Mr. Gardner reported that the public has not been made aware of the negotiations discussed by staff and council about the future power source. He added that more information should be made available to the public. Mr. Gardner's second concern related to the lack of attention by the Wolf Pen Creek Steering Committee to its work on planning. Councilman Haddox responded that the reason the Committee has not met recently, is because the state required that a study be conducted on the property to determine if any fossils, mammoth bones, or other archaeological artifacts are present. The com- mittee is waiting for the final report and direction by the State. Mr. Haddox stated that he will call a meeting soon. Mr. Gardner also reported that the Charter Review Committee is finalizing their review and will be bringing a report to Council. He stated that he would like to see a sequence of reports presented to the Mayor, and the Council provided with copies prior to setting a workshop date where both groups could discuss the changes. Councilman Birdwell stated that he had proposed the idea of selecting a neighborhood as a recycling area. He stated that Austin has a voluntary recycling program; he asked staff to check with Austin while they are working on their report. Mr. Birdwell also reported that he received complaints about the parking-on- grass ordinance in that the City of College Station is lenient about allowing people to conform with the regulations. He stated concerns about the city's notification process. Student Gov't Liaison Shannon Maloney stated that Kevin Buchman will present a report to the Council about the bonfire issue. &qenda Item No. 11 - City Manaqer Concerns. Mr. Ragland introduced Fire Chief Landua, present to give a brief report on the 90-day permit request for non-emergency services. Chief Landua reported that in the last few months, the companies providing non-emergency transfers have been unable to meet the needs of hospitals and nursing homes. Therefore, Fire Department ambulances are covering the requests. He noted that Humana Hospital contacted Gold Star of Spring, Texas, and Gold Star has expressed an interest in opening a sub-station in this area to provide non-emergency transfers and out- of-town transfers. After 007561 City Council Regular Meeting Wednesday, November 29, 1989 Page 10 negotiations, Gold Star was given approval to operate on a 90-day temporary permit and to use Humana Hospital as base. He quoted Gold Star's charge as $185.00 plus $3.75 per mile. Councilman McIlhaney noted that Medicaid will not cover this cost. Chief Landua remarked that a caller will be notified of the charges at the time of requesting service. Councilman Birdwell requested staff to look into the legislation regarding taxes exempt on goods in transit. Mayor Ringer asked staff to place this item on the next council agenda. Aaenda Item No. 12 - Closed session to receive staff report [6252- 17 (2) er) _], discuss land acquisition [6252-17 (2) (f) ], and perso-~e] [6252-17 (2) (q) ]. 12.1 Staff Report [6252-17(2) (r) ] A. Future Power Supply. 12.2 Land Acquisition [6252-17(2) (f)] A. Right-of-way Acquisition. 12.3 Personnel [6252-17(2) (g)] A. Discussion of Citizen Committee Appointments. Joint Relief Funding Review Committee Design Review Board The council moved into closed session at 6:30 p.m. Mayor Ringer left the meeting at 7:15 p.m. presided for the remainder of the meeting. Mayor ProTem Fred Brown Aqenda Item No. 13 - Action on closed session. The council returned to open session at 7:56 p.m. No action was taken. Aqenda Item No. 14 - Adjourn. Councilman Schneider moved to adjourn the meeting. The motion was seconded the Councilman Gardner which carried unanimously, 6-0. APPROVED: ATTEST: Ci~y-Secr~a~y Dian Jones ~nger 007562 GUEST REGISTER CITY COUNCIL REGULAR MEETING WEDNESDAY NOVEMBER 29, 1989 4:00 P.M. 2 15 16 10. 17 18 19 20 0075?'0