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HomeMy WebLinkAbout08/24/1989 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 24, 1989 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, Haddox, Gardner, Birdwell, Mcllhaney COUNCIL MEMBERS ABSENT: Councilmomber Schneider STAFF PRESENT: City Manager Ragland, Assistant City Manager Br~mer, Assistant City Manager Woody, Management Services Director Piwonka, Fiscal & Human Resources Director Harrison, Public Information Officer Calliham, City Attorney Locke, Assistant City Attorney Banks, Director of Development Services Ash, City Planner Callaway, City Engineer Pullen, Assistant City Attorney Smith, Senior Planner Kee, Parks Director Beach¥, Assistant Parks Director Cisneros, Deputy Finance Director Schroeder, Utilities Office Manager Albright, Personnel Director Dickson, COmmunity Development Director Fette,Planning Technician Volk VISITORS PRESENT: see quest register. Agenda Item No. I - Signing of a proclamation designating the week of September 17-23, 1989 as ,,Constitution Week". (sponsored by La Vallita Chapter, Daughters of the ~merican Revolution). Mayor Ringer opened the meeting with Councilman McIlhaney and Councilman Schneider absent. Mayor Ringer read the proclamation and presented it to Mrs. Mary Cooper of the D.A.R. Mrs. Cooper gave bookmarks to the audience. Mayor Ringer mentioned that Councilman McIlhaney would arrive later. Agenda Item No. 2 - CONSENT AGENDA. (2.1) Approval of the minutes of the city Council Workshop Meeting, August 9, 1989 and the Regular Meeting, August 10, 1989. (2.2) Approval of a final plat - Southwood Valley Section 24E (89-211) (submitted by W.D.Fitch, for Fossil Mound Corp.) 007398 City Council Regular Meeting Thursday, August 24, 1989 Page 2 (2.3) Approval of purchase of miscellaneous street lighting materials (2 sections); Bid #89-27. (staff recommends award to lowest responsible bidder on each section; funding available, 1988-89 budget) (2.4) Approval of community development funded housing assistance projects for the month of July, 1989. (2.5) Approval of a resolution amending the personnel policy manual, creating a fitness-for-duty policy statement on drugs and alcohol (as discussed at the August 23rd workshop meeting). [Council Issue No. 35 (1989-90) and Council Issue No. 3 (1988- 89) ]. (2.6) Approval of authorization for city staff to negotiate with the firm of J.T. Dunkin and Associates, Inc. for the provision of professional services in conjunction with Wolf Pen Creek Park, Phase I. [Council Issue No. 1 (1989-90) and Council Issue No. 4 (1988-89)] Councilman Gardner removed Item 2.5. Items 2.2 and 2.6. Councilman Birdwell removed Ail other items listed on the Consent Agenda were approved by common consent. Item No. 2.2. - ADmroval of a final Dlat - Southwood Valley Section 24E (89-211) (submitted by W.D. Fitch, for Fossil Mound Corp.) Councilman Birdwell moved approval of this plat with the condition that the future extension of Welsh Street be shown by dotted lines. Councilman Brown seconded the motion, subject to the modification proposed by Mr. Birdwell. The motion was approved unanimously 5-0, Councilman McIlhaney and Councilman Schneider absent. Item No. 2.5 ADDroval of a resolution amendina the personnel policy manual, creating a fitness-for-duty policy statement on drugs and alcohol (as discussed at the August 23rd workshop meeting). [Council Issue No. 35 (1989-90) and Council Issue No. 3 (1988-89)]. Councilman Gardner explained that he had withdrawn this item from the Consent Agenda because he does not think the policy is routine and therefore deserves more attention than it has received to date. He pointed out that significant changes were being made following the discussion at the workshop on August 23rd, and he thinks it deserves additional attention and consideration because of its importance and possible 007599 city Council Regular Meeting Thursday, August 24, 1989 Page 3 ramifications. He said he-thinks the Council should show more concern for the employees; he asked for additional time to be used for staff to provide additional data and information and at least an estimate of the cost involved. Councilman Gardner made a motion to table consideration of this item until the next regular meeting to allow more time to learn of possible ramifications. The motion did not receive a second. Councilman Birdwell asked staff for the revisions made to the policy following the discussion at the workshop on August 23rd. Personnel Director Dickson handed out the revised policy and City Attorney Locke handed out a memo which addressed the legal issues mentioned at the workshop. Councilman Birdwell made a motion to approve the policy as revised by the suggestions made at the August 23rd meeting. Councilman Haddox seconded the motion. Councilman Birdwell stated that he is aware that this policy applies to constitutional rights, but the important part is that employees can voluntarily seek treatment, and only when an employee turns down treatment if he does have a problem, then disciplinary action will be taken. He added that the citizens should be assured that the City is doing everything in its power to keep the employees drug-free. Councilman Haddox said that the expense of rehabilitation is a lesser expense compared to the cost of having a situation exist and nothing is done about it. He added that the City should be a leader in this fight against drug abuse, and hopefully all businesses will follow. Councilman Brown said that the approval of this policy is like making an investment in City employees, and added that this decision is not being done on the spur of the moment since both legal and personnel staff have spent months preparing a good policy. Councilman Gardner said that although months have been spent in preparation of the policy, only a few days are being taken to consider it. After further comments by Councilman Gardner, the votes were cast on the motion offered by Councilman Birdwell and seconded by Councilman Haddox to approve the proposed policy which incorporated changes directed at the workshop meeting; the motion carried by a vote of 4-1, as follows: FOR: Mayor Ringer, Councilmen Brown, Birdwell, Haddox AGAINST: Councilman Gardner 007400 city Council Regular Meeting Thursday, August 24, 1989 Page 4 Item No. 2.6 Approval of authorization for city staff to negotiate with the firm of J.T. Dunkin and Associates, Inc. for the provision of professional services in conjunction with Wolf Pen Creek Park, Phase I. [Council Issue No. 1 (1989-90) and Council Issue No. 4 (1988-89)1 Councilman Birdwell stated that he still believes that local architectural and engineering firms should be given the chance to provide professional services for this project. Councilman Gardner moved to approve authorization for city staff to negotiate with J.T. Dunkin & Associates to provide planning and engineering services for Wolf Pen Creek Park, Phase I. Councilman Haddox seconded the motion which carried 4-1, as follows: FOR: Mayor Ringer, Councilmen Brown, Haddox, Gardner AGAINST: Councilman Birdwell Councilman Brown stated that he agrees with Mr. Birdwell, but in this case, he thinks it is too late to make a change since this company has been working on the plans since the inception and is too well informed. He added that having a different company come in at this point would be very costly in time. Councilman Haddox reminded everyone that he and Councilman Brown had tried to get a local firm to do the project at the onset. He said that since the project is this far along, it is too late to change. Mayor Ringer announced that Development Services Director Ash had requested consideration of Agenda Item 11 to be considered before Agenda Item No. 3 to accommodate a representative of Peoples Mortgage Co. who must travel back to Llano, Texas immediately following action on the subject request. &genda Item No. 11 - Consideration of a request by Peoples Mortgage Co. to temporarily reduce the amount of Letter of Guarantee for Westohester Park Phase II. [Council Issue No. 14 (~988-89)] Development Services Director Ash came forward and briefly reminded the Council of the history of the construction of the utilities in the subdivision, the proposed streets (Welsh & Rock Prairie Road), the Development Agreement between the C.S.I.S.D, the mortgage company and the City, and the fact that the Council had recently decided a more permanent drainage facility would be required. Councilman Birdwell asked if no Letter of Credit had been received by the City prior to this time. Mr. Ash explained that the agreement between the three entities required the Letter of 007401 City Council Regular Meeting Thursday, August 24, 1989 Page 5 Credit prior to issuance of a certificate of occupancy for the school. Mr. Ash reported that the staff recommends approval of the request. Mr. Terry N. Whitman of Peoples Mortgage Company of Llano, Texas came forward and explained the events taking place to necessitate this request. Mr. Ash stated that Mr. Whitman is prepared to present a Letter of Guarantee in the amount of $130,000 at this time, with the remainder to follow in approximately 45 days. Councilman Brown moved to approve the request. seconded the motion. Mr. Haddox Mayor Ringer asked what the difference is between the amount of the contract and the current figure being presented. Mr. Whitman stated that the total Letter of Guarantee due was in the amount of $186,000, so an additional $56,000 will be forthcoming after F.S.L.I.C. can approve the request. Mr. Ash informed the Council that the acceptance of this portion of the total amount of the required Letter of Credit will enable staff to issue a Certificate of Occupancy for the new Rock Prairie School which is scheduled for classes beginning on August 30th. Votes were cast on the motion to approve the request, and the motion carried by a unanimous 5-0 vote, with Councilmen McIlhaney and Schneider absent. Councilman McIlhaney arrived at the meeting. &qenda Item No. 3 - & public hearinq to consider an ordinance revisinq Section 9.2.D. of Ordinance No. i638, the Soninq Ordinance, for the City of Coileqe Station, specifically affeotina ourbina and surfaoina requirements for all off-street parkinq areas. Senior Planner Kee briefly reviewed the staff report included in the packets, and added that the proposed ordinance would require concrete curbing and set a standard for the all-weather surface required on all parking lots. She pointed out that any request for a variance to the standard details of the all weather surface would be made to the Planning & Zoning Commission, but any request for variance to providing concrete curbing and the required surface material would be made to the Zoning Board of Adjustment. Councilman Birdwell asked if any residential subdivision streets have been allowed to use "lay down curbing." Assistant City Engineer Smith replied that the only instance he can recall where it has been allowed is in the Indian Trails subdivision, but if proposals and designs submitted in the future meet the standards included in this ordinance, they would be accepted. 007402 City Council Regular Meeting Thursday, August 24, 1989 Page 6 Mayor Ringer opened the public hearing. public hearing was closed. No one spoke. The Agenda Item No. 4 - Consideration of an ordinanoe revisin~ Seotion 9.2.D. of the Zonlnq Ordinanoe, speoifioa11¥ affeotina curbing and surfaoinq requirements for all off-street Darkina areas. Councilman Birdwell made a motion to approve Ordinance No. 1817. Councilman Gardner seconded the motion which carried unanimously, 6-0. Aqenda Item No. 5 - A publio hearing on the proposed Annual Budget, 1989-90, Mayor Ringer opened the public hearing. Mr. David Shellenberger, 1003 Haley Drive, came forward and presented copies of the proposed budget for the Convention and Visitors Bureau. He thanked Council for its support and confidence in the agency's ability to do the job, and added that the agency will find itself at a competitive disadvantage if additional monies are not designated in next year's budget. Mr. Shellenberger explained a breakdown of the various expenses, and spoke of the value of a convention salesperson and the return on investment for each employee. He recognized several board members and staff. Councilman Haddox mentioned that the contribution from the City in the form of payment toward the building is not reflected on their budget as a contribution. After additional discussion, Mr. Haddox pointed out that while the City definitely supports the activities and efforts of the Convention/Visitors Bureau, he would like the figures to reflect a contribution of $365,000. He explained that additional monies requested have been earmarked to be combined with other funds to begin the Wolf Pen Creek project which should begin as soon as the grant is made. Councilman Birdwell pointed out that the proposed budget reflects a substantial increase over the previous year; Mr. Shellenberger stated that while that is correct, it is still significantly less than competitors' budgets. Councilman Gardner said that while a lot of cities are ahead in obtaining funds, those same cities do not have a generator of conventions, such as the University, that College Station has. He added that it appears that the agency has been operating very efficiently according to the additional results reflected. Mr. Shellenberger replied that while the Bureau certainly has an interest in the Wolf Pen Creek project, it would still request additional consideration for additional funds. 007403 City Council Regular Meeting Thursday, August 24, 1989 Page 7 Ms. Judy Hart, 4100 Nagle, President of the Arts Council of Brazos County came forward and asked for increased funding support to the Arts Council. Mr. Rick Larson, 311 Crescent, Bryan, Vice President of the Grants Review of the Arts Council of Brazos Valley, explained the grants review process. Mr. John Crumpton, Rose Circle, representing the Aggie Swim Club, came forward to ask for funding from the hotel/motel tax monies. He explained the organization's function and its income from two swim meets held each year. He mentioned the large number of volunteer manhours involved and added that the only source of income for this club is sponsorship. Mayor Ringer asked if the group had applied for funding through the Athletic Association. Mr. Crumpton replied that the Athletic Foundation does not have adequate funds. He added that the Chamber of Commerce had provided $500.00 for the last two meets which was very helpful. Mr. Phil Philastre, General Manager of the Hilton and repre- sentative for the members of the Brazos Valley Hotel/Motel Association, came forward to recommend to the Council that 100% of the additional monies generated by the increase in the hotel/ motel occupancy tax be assigned to the B/CS Visitors Bureau. He added that the association believes full investment would pay many dividends. The public hearing was closed. Mayor Ringer announced that the final vote on the proposed budget is scheduled for September 27th. Aqenda Item No. 6 - A public hearinq on the consideration of a proposed resolution authorizinq Telecable Associates, Inc. to assume Cooke BCS Communications, Inc. Franchise. City Attorney Locke explained that the charter provides that the franchise be transferred by ordinance. Mayor Ringer opened the public hearing. Mr. Jack Threadgill, 1602 Brookhollow in Bryan, addressed the Council. He stated that he has had the opportunity to work with the individuals from TCA Cable and he urged the Council to support the ordinance allowing them to conduct a cable television business in the community. Mayor Ringer clarified that the Charter requires three readings for approval of a franchise. 007'404 city Council Regular Meeting Thursday, August 24, 1989 Page 8 City Attorney Locke pointed out that the final ordinance would contain the same basic wording as the draft resolution. Mayor Ringer closed the public hearing. &qen~& Item ~o. ? - Pirst readinq ~n4 consi~eration of & propose~ resolution authorizinq Telecable &ssociates, Inc. to assume Coo~ BCS Communications, Inc. Frn-chise. Mayor Ringer reiterated that this reading would be the first of three. Councilman Birdwell moved to approve the first reading of an ordinance authorizing Telecable Associates, Inc. to assume the Cooke BCS Communications, Inc. franchise. Councilman Haddox seconded the motion, which carried unanimously, 6-0, with Councilman Schneider absent. The mayor stated that the second and third readings would be scheduled for the next appropriate meeting dates. &qenda Xtem No. 8 - Reconsideration of a permit to keep chickenm (not more than t~a) at i020 Frn~ois Drive within the city l~mits ¢&DDlioant: Jam_es H. Huqhes) {item returned from council meetin~ of &uqust 10th). - Councilman Brown moved to remove this item from its tabled position. Councilman McIlhaney seconded the motion, which carried unanimously 6-0. No additional information was offered by staff. Mr. Jim Hughes of 1020 Francis, came forward and thanked the Council for reconsidering his request, and stated that since the first meeting, he has met with his neighbors and invited each of them to see the facilities he had built for the chickens. He noted that one family (Clicks') visited the premises and agreed to withdraw their objections, but had stated that if smells or sounds bothered them they would voice opposition. He added that Ms. Peggy Calliham indicated that she would withdraw her objection with the condition that if any neighbor had a problem in the future, she would oppose the location of the chickens in the neighborhood again. He added that the Burnsides indicated they had no problem themselves, but were being supportive of the neighbors, and whatever the others decided would suit them. He said the Johnsons had indicated they would let him know their decision later. He finalized by stating that Dr. Virgil Stover did not change his position and he was still opposed simply because he does not like variances. Councilman Gardner asked what variance was being considered and Mayor Ringer replied that this item is consideration of a permit 00740 City Council Regular Meeting Thursday, August 24, 1989 Page 9 for up to 10 chickens, that chickens are allowed in the City, and this request does not represent a variance. Councilman Birdwell noted that this is a license, not a variance. Councilman McIlhaney asked if the chickens were purchased for a 4-H project for his son and Mr. Hughes replied that is correct. Mrs. Jan Hughes came forward and indicated that the neighbors had no specific problem with the chickens, but were concerned that having chickens in the neighborhood might have a detrimental effect on the property values. She pointed out that their own property value has risen. She added that raising chickens is a wholesome activity for children. Councilman Birdwell asked if the chickens are at the residence. Mrs. Hughes replied that they are, and listed the sequence of events. Dr. Virgil Stover, 1017 Holt came forward and restated his opposition to keeping animals in the city and handed out an additional petition which indicated broader opposition to this permit. Councilman Gardner pointed out some addresses on this last petition are a block or two away, so the opposition must be against the principal of permitting livestock in the city. He said that perhaps this should be addressed later by changing the ordinance, as the current request under consideration is for something which is allowed in the city. Councilman Haddox asked for an explanation of the ordinance and Mrs. Locke complied. Mr. Haddox asked if this was the same ordinance which covers horses and she replied affirmatively. Mr. Haddox asked if there is a precedence to consider and Mrs. Locke replied that each request is considered individually and consideration is given to the location, the adequate number of animals, and the situation. Mayor Ringer said that as he recalls, the last request for chickens was withdrawn, and requests for horses and cattle have been approved in large, open areas. Councilman Brown explained the difficulty of this situation, which includes the fact that a family is helping a son to have a wholesome activity, which is wonderful, but the neighborhood situation must be considered by the Council. Mr. Hughes said he understands the dilemma, but pointed out the immediate neighbors apparently have no problems with the chickens, since there have been no complaints about them, and they only have general objections to the principle. Councilman Birdwell said that he is having a real problem with this request, although he knows that chickens in pens are a lot different from those running around on the ground. Mr. Hughes 007406 City Council Regular Meeting Thursday, August 24, 1989 Page 10 stated these are more than just pens, and then described the facilities. Councilman Birdwell asked if the Council can grant this request on a provisional basis to be reviewed in 6 months. Mrs. Locke said the license is for a year, but can be reviewed anytime on a complaint basis. Mr. Birdwell explained that he is sympathetic to the opposition of those neighbors who are close, but he is also sympathetic to what the Hughes have been doing for their children. Councilman Birdwell moved to approve the applicant's request for 10 chickens on a provisional basis, with a review to be held in 90 days. Councilman McIlhaney seconded the motion. Councilman Gardner asked for clarification; Mayor Ringer explained the terms of the ordinance and the motion, and stated that the Health Department is to make an inspection of the premises in 90 days or upon complaint. Mayor Ringer repeated the motion which is to grant this permit for 10 chickens, with inspection and review of the permit within 90 days. The motion carried unanimously, 6-0, with Councilman Schneider absent. &qenda Item No. 9 - P~esen~a~on and cons~de~&~on of a p~oposal rela~nq to a donation to the Wolf P~ Pa~k Corridor. Councilman Haddox announced the receipt of a contribution of $100,000 from the Astin Trusts, and explained the terms of recognition requested. He explained that he would now like both the Steering Committee and the Council to consider the request prior to making any commitment. Mayor Ringer asked if some type of plaque would suit the conditions and Mr. Haddox said that he is requesting authority to work up something suitable. Mayor Ringer remarked that the City of College Station graciously accepts this contribution, and asked if there is a motion to authorize the Steering Committee to work up some means of recognition for the Astin Trusts. Councilman Haddox moved to do so. Councilman Brown seconded the motion, which carried unanimously 6-0. Councilman Haddox announced that City Manager Ragland had received a letter of notification from the Texas Parks and Wildlife Department that the application submitted for the grant is scheduled for review on August 31st. A staff recommendation was also enclosed which indicated staff support for the request for matching funds in the amount of $500,000. 00740-/ City Council Regular Meeting Thursday, August 24, 1989 Page 11 A~enda Item ~o. lO - Consideration of a proposed ordin-nc- amending Chapter 1~ of the Colleqe Station Code of Ordinances, and specifically, revisinq utility deposit requirements. CDisoussed at the &uqust 23rd workshop m~etinH) Councilman Birdwell moved to adopt Ordinance No. 1818. Councilman McIlhaney seconded the motion, which carried unanimously 6-0. Aqenda Item No. 12 - zmerqenoy ItA~: Due to an unforeseeabl- situation reauirinH ~mmediate action by City Covacil; smecifically, consideration of a resolution authorizinq the mayor to sion an aqreement with &le~aader Oil Co. and the Bobbie ~o Trust authorisinq the issvanoe of a temgorarv certificate of occupancy and the provision of temporary utility service to ~ud', Convenience store located at the intersection of HollA,ma- Driv~ and Wellborn Road. City Attorney Locke explained this item. She stated that she was contacted by Chuck Ellison, representing Alexander Oil Co. A Jud's convenience store has been constructed at the intersection of Holleman and Wellborn Road. She noted that all requirements have been met to obtain a certificate of occupancy, except that they have not executed two utility easements. She explained that the request is to approve a Development Agreement between the City and the applicant to allow an additional 60 days for the easements, with a temporary Certificate of Occupancy to be issued immediately with the stipulation that if, at the end of the 60-day period, the easements have not been granted, the utilities would be turned off, and the applicant would be subject to a fine. Councilman Brown made a motion to place this emergency item on the agenda for consideration. Mr. Haddox seconded the motion, which carried unanimously, 6-0, with Councilman Schneider absent. Councilman Brown made a motion to approve authorization of a Development Agreement as requested. Mr. Haddox seconded the motion, which carried unanimously 6-0. Aqenda Item No. ~3 - Hear Visitors. No one spoke. Aqenda Item No. ~4 - Closed session to receive a staff report £6252-17 ¢2) er) ], discuss lA_nd acquisition [6252-~7 (2) (f) ] a_~-~- mersonnel [6252-17 (2) (a) ]. 14.1 Staff Report [6252-17(2) (r) ]. A. Legal Report 007408 City Council Regular Meeting Thursday, August 24, 1989 Page 12 14.2 14.3 Land Acquisition [6252-17(2)(f)] A. Right-of-way Acquisition. B. Potential litigation: Centroid Ranch Personnel [6252-17(2)(g)]. A. Discussion of citizen Committee Appointments 1. Zoning Board of Adjustments The Council moved into closed session at 8:40 p.m. Aqenda Ite~ No. ~5 - Action on closed session. The council moved back into open session at 9:54 p.m. Councilman Birdwell moved to authorize the City Attorney to intervene in the rate case suit of Abilene vs. Lone Star Gas Company. Councilman McIlhaney seconded the motion, which carried unanimously. 6-0. Aqenda Item No. 16 - Adjourn. Mayor Ringer adjourned the meeting at 9:55 p.m. ATTEST: Cit] Secret~ Dian Jones APPROVED: 007409 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 24, 1989 7:00 P.M. 5 6 9 10. :1.6. :1.7, 18. 19. 20. 007416