Loading...
HomeMy WebLinkAbout05/27/1999 - Regular Minutes City CouncilMayor Lynn Mcllhaney Mayor Pro Tempore Larry Madott City Manager George K. Noe City Council James Massey Ron Silvia Winnie Garner Dennis Maloney Anne Hazen MINUTES COLLEGE STATION CITY COUNCIL Regular Meeting Thursday, May 27, 1999 at 6:00 p.m. City Hall Council Chambers COUNCILMEMBERS PRESENT:Mayor McIlhaney, Mayor Pro Tem Mariott, Councilmembers Silvia, Hazen, Massey, Garner Maloney STAFF PRESENT: City Manager Noe, Assistant City Manager Brymer, City Attorney Harvey Cargill, Jr., Management Assistant Broussard, Assistant City Secretary Casares, City Planner Kee, Senior Planner McCully and Assistant City Engineer Morgan Mayor McIlhaney called the meeting to order at 6:11 p.m. She lead the audience in the pledge of allegiance. Dr. Tom Estes from A&M Presbyterian Church in College Station provided the invocation. Mayor McIlhaney presented Ms. Dorcas Moore with a historic plaque #4 for 400 West Holleman Drive, the Girl's Club facility. Consent Agenda 10.1 Bid No. 99-73: Approved by common consent award of contract for rehabilitation of Wastewater Treatment Plant in the mount of $47,700 to N.G. Painting as lowest, responsible bidder meeting specifications. Funds available in Wastewater Fund, Public Utilities Department 10.2 Bid No. 99-77: Approved by common consent award of bid for construction of Alum Creek Impact Fee Sanitary Sewer Line in the amount of $183,565.30 to Young Contractors as lowest, responsible bidder meeting specifications. Funds available in Capital Improvement Projects, 1997-1998 Wastewater Fund. Providing Customer Service Excellence Oj~ce of the CRy Secretary College Station, Texas Council Regular 5/27/99 Page 2 10.3 Bid No. 99-80: Approved by common consent to award bid for construction of Christine Lane Phase II Sanitary Sewer Line in the amount of $590,711.50 to Elliott Construction as lowest, responsible bidder meeting specifications. Funds available in Capital Improvement Project, 1998-1999 Wastewater Fund. 10.4 Discussion and possible action on an ordinance amendment to Chapter 7 of the College Station City Code of Ordinances, establishing a twelve (12) month period for notice of violations. Mayor Pro Tem Mariott removed this item from the consent agenda for further discussion. Jon Mies from the Fire Department explained that the amendment mirrors state statute and allows for notice of violation sent via certified mail, return receipt requested to be a valid notification for a twelve month period. If a second violation of the same nature occurs within twelve (12) months of the notification, the City may correct the violation at the owner's expense without further notification. Benito Flores-Meath of 901 Val Verde stated concern about the period from March 1 to June 15 during wildflower season. Mayor Pro Tem Mariott made a motion to deny the ordinance with a proposed notification period of 12 months. Motion seconded by Councilman Silvia. Councilman Maloney made a substitute motion to approve Ordinance No. 2389 to include a 6 month notification time frame. Seconded by Councilman Silvia which carded by a vote of 5-2. FOR: McIlhaney, Silvia, Garner, Maloney and Hazen AGAINST: Mariott and Massey 10.5 Discussion and possible action on minor modifications to the City's Down Payment Assistance Program (DAP). Councilman Silvia moved to approve the City's Down Payment Assistance Program as presented. Motion seconded by Mayor Pro Tern Mariott. Motion carded by a vote of 6-0-1. Councilman Garner abstained. 10.6 Approved Resolution No. 5-27-99-10.6 by common consent authorizing the Mayor to execute an agreement allowing a Rental Rehabilitation Program lien to be subordinated to a subsequent lender for a duplex unit at 1225 and 1227 Georgia. 10.7 Approved Resolution No. 5-27-99-10.7 by common consent authorizing the submission of a grant request by Brazos County to the Criminal Justice Division of the Governor's Office for funding of the Brazos Valley Narcotics Task Force. Council Regular 5/27/99 Page 3 10.8 Approved by common consent the negotiations for professional engineering services listed in ranked order for the Northgate Water Mains and Master Plan Project commencing with GSW Othon in Houston, Texas. 10.9 Approved by common consent the inteflocal agreement between the City of College Station and Texas A&M University for the purchase of materials and supplies. Regular Agenda 11.1 Public hearing~ discussion and possible action on rezoning 7.2 acres located aooroximately 290 feet west of FM 2818~ south of F&B Road from R-1 Single Family to C-1 General Commercial. Assistant City Engineer Morgan explained the request. This rezoning was before the Council as C-2 in March 1999. At that time, the Council voted unanimously to defer consideration and return it to the Planning and Zoning Commission for consideration as C-1 General Commercial. On May 6, 1999 the Planning and Zoning Commission approved the C-1 zone with staff recommendations. Staff recommended approval for C-1 with conditions that access be taken from FM 2818, and F&B road be improved from the western property line of the subject tract to FM 2818, providing adequate capacity for the development as proposed. Mayor Mcllhaney opened the public hearing. James E. Jett, 1206 King Authur Circle representing the applicant came forward to answer any questions. Mayor Mcllhaney closed the public hearing. Councilman Silvia made a motion to approve Ordinance No. 2390 rezoning 7.2 acres located in the J.E. Scott Survey Abstract No. 50, being 3775 F&B Road, in College Station, Brazos County, Texas from R-1 Single Family Residential to C-1 General Commercial with staff recommendations as outlined above. Motion seconded by Mariott which carded 4-0-3. FOR: McIlhaney, Mariott, Silvia and Hazen ABSTAIN: Maloney, Garner and Massey Council Regular 5/27/99 Page 4 11.2 Public hearing~ discussion and possible action on rezoning approximately 5.8 acres located along the west side of State Highway 6~ approximately 700' south of Graham Road~ from R-6 Apartment/High Densi ,ty to C-1 General Commercial. Senior Planner McCully explained the master development plan. The City Council approved this rezoning on March 25, 1999 with three conditions: There be a vegetative buffer that meets R&D requirements on the proposed C-1 property along the western boundary. 2. The overall height of the buildings in the C-1 development not exceed 35 fi. The zoning not be effective until an east-west minor collector is installed or guaranteed. This rezoning request has returned to the Council because the applicant has requested condition #3 removed. The applicant is proposing to extend a minor collector through the subject tract that will eventually serve the future C-1 development and proposed single family development on the abutting R-6 zoned property to the west. The existing commercial zoning to the north and south, as well as the creation of the intersection, would justify some type of commercial zoning to the north and south, as well as the creation of the intersection to justify some type of commercial zoning on the subject property. Planning and Zoning Commission and staff recommended denial of the request so that all three conditions of the rezoning to C-1 remain as they were approved in March 1999. Mayor Mcllhaney opened the public heating. Alton Ofczarzak, 3141 Barton Road, requested the rezoning of 5.8 acres of land with condition #3 removed because the construction expense for a road is not feasible at this time. Mayor Pro Tem Mariott inquired about a development agreement regarding Condition #3. Benito Flores-Meath, 901 Val Verde encouraged a guarantee. Mayor McIlhaney closed the public heating. Council Regular 5/27/99 Page 5 Councilman Hazen moved to table this item until the City Attorney can respond to Mayor Pro Tem Mariott's question regarding a development agreement. Motion seconded by Silvia which carried 4-0-3. FOR: Mcllhaney, Mariott, Hazen and Silvia ABSTAIN: Maloney, Garner and Massey 11.3 Discussion and possible action on rezoning 1105 and 1107 Wellborn Road located on the east side of Wellborn Road and south of the Wellborn Road/Holleman Drive intersection from R-1 Single Family to C-1 General Commercial. City Planner Kee explained the request. This request involves two lots that together total one quarter acre in size. The lots front Wellborn Road and were subdivided years ago. The lots are south and adjacent to existing C-1 General Commercial property developed as storage buildings. Development policies provide commercial development at major intersections is appropriate but that strip commercial should be avoided. This request is not in compliance with the land use plan, although it is not incompatible with some surrounding uses. These lots are part of an area that is surrounded by commercial and residential land uses. Before any more commercial zoning is considered in this area, consolidation of larger properties should occur. Staff recommended denial of the request as presented. The Planning and Zoning Commission recommended denial of the C-1 General Commercial and recommended rezoning the properties to C-N Neighborhood Commercial. Staff supported this recommendation. Mayor McIlhaney opened the public hearing. The following citizens came forward to encourage the Council to consider the rezoning as submitted: Kathy Wheeler, 1003 Timm Dorcas Moore, 1101 Detroit Kayla Glover, 1210 Marstellar Onie Holmes, 616 Southland Lucille Young, 720 Churchill Mayor McIlhaney closed the public hearing. Council Regular 5/27/99 Page 6 Councilman Hazen made a motion to approve Ordinance No. 2391 rezoning Lot 3, Block 1, of the O.M. Ball Subdivision, in College Station, out of the Crawford Burner League, Abstract 8, totaling 0.3374 acres in Brazos County, Texas, known as 1105 and 1107 Wellborn Road from R-1 Single Family to C-N Neighborhood Commercial as recommended by the Planning and Zoning Commission. Seconded by Councilman Silvia, which carried 4-0-3. FOR: McIlhaney, Mariott, Hazen and Silvia ABSTAIN: Maloney, Garner and Massey Councilman Hazen moved to remm to Item 11.2. Seconded by Mayor Pro Tem Mariott which carded, 4-0-3. FOR: Mcllhaney, Mariott, Hazen and Silvia ABSTAIN: Maloney, Garner and Massey After consulting with City Attorney Cargill Jr., a development agreement would not be acceptable in this case. Councilman Silvia made a motion to uphold the C-1 zoning with the three conditions as listed in the item. Seconded by Mayor Pro Tern Mariott, which carded 4-0-3. FOR: Mcllhaney, Mariott, Hazen and Silvia ABSTAIN: Maloney, Garner and Massey 11.4 Discussion and possible action on the first reading of a franchise agreement with American Medical Waste Management~ Inc. for the collection and disposal services for treated and untreated medical waste. CIS Manager Shear explained that the franchise agreement with American Medical Waste Management, Inc. is a five (5) year agreement that allows for collection and disposal services for treated and untreated medical waste generated from within the corporate limits of the City of College Station. Staff recommended approval. Councilman Garner made a motion approving the first reading of the franchise agreement with final approval following the third reading. Motion seconded by Silvia which carried 6-0-1. FOR: Mariott, Garner, Hazen, Silvia, Maloney and Maloney Council Regular 5/27/99 Page 7 ABSTAIN: McIlhaney AIlenda Item No. 12 -- Hear Visitors Roland Allen, 1002 Ashbum stated the College Hills Neighborhood Association had its organizational meeting on Thursday, May 11, 1999. He addressed four requests that the association would like the city to look into. Carl Vargo, 2902 Cortez Ct. presented a letter to the Mayor in regards to the time change for Hear Visitors. Mr. Vargo suggested moving Hear Visitors item to the beginning of the regular meeting. He congratulated Winnie Garner, Dennis Maloney and James Massey on their election. Harry Jones, 1900 Comel requested a meeting with city staff to discuss two items of importance to the congregation at A&M United Methodist Church. Kathy Wheeler, 1003 Timm objected to changing the time of Hear Visitors and encouraged the City Council to televise council meetings. Benito Flores-Meath, 901 Val Verde addressed the council on four topics. Televising council meetings, Hear Visitors time slot, ethics ordinance, and council retreat. June Cooper, 900 Val Verde suggested Hear Visitors be moved to the beginning of the regular meeting before consent agenda. At 7:22 p.m., Mayor Mcllhaney announced that the City Council would convene into Executive Session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, to seek the advice of our city attorney with respect to pending and contemplated litigation. The City Council returned from Executive Session at 8:04 p.m. No action was taken from executive session. Agenda Item No. 13 -- Ad[ourn Councilman Hazen moved to adjourn the meeting. Motion seconded by Councilman Silvia. Hearing no objection, the meeting adjourned at 8:05 p.m. Council Regular 5/27/99 Page 8 PASSED AND APPROVED this 8th day of July, 1999. APPROVED: ATTEST: ~ity Secretary Come Hooks May6~ Lynn M¢Ilhaney / O:group/council/99min/min527.doc GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, May 27, 1999 6:00 P.M. GUEST REGISTER WORKSHOP MEETING OF THE CITY COUNCIL THURSDAY, MAY 27, 1999 ~3:00 P.M. 1.,k,M~--4-t-'''~' ~ ~~f'¢''//~~ 1 1. 3. ~)j',~ ~"'~\~..i!..5 13.