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HomeMy WebLinkAbout01/14/1999 - Regular Minutes City CouncilCITY OF COLLEGE STATION Mayor Lynn Mcllhaney Mayor Pro Tempore David Hickson City Manager George K Noe City Council Steve Esmond Ron Silvia Swiki Anderson Larry Mariott Anne Hazen MINUTES COLLEGE STATION CITY COUNCIL EXECUTIVE AND REGULAR MEETING Thursday, January 14, 1999 at 5:00 p.m. City Hall Council Chambers 1101 Texas Avenue COUNCILMEMBERS PRESENT:Mayor Mcllhaney, Mayor Pro Tem Hickson, Councilmembers Mariott, Hazen, Silvia, Anderson, Esmond STAFF PRESENT: City Manager Noe, City Secretary Hooks, City Attorney Cargill, Jr., Assistant City Manager Brymer, Management Assistant Broussard, Public Relations and Information Manager Chapman, City Planner Kee, Senior Planner McCully, Development Setwices Director Callaway, Transportation Planner Hard, City Engineer Mosley Mayor Mcllhaney opened the meeting at 5:03 p.m. with Councilmembers Esmond and Anderson absent. Agenda Item No. 1 -- Staff and Legal Reports {LGC 551.075}and Pending and Contemplated Litigation {LGC 551.071}. The Mayor announced that the City Council would convene into executive session pursuant to Section 551.071 of the Open Meetings Act to seek the advice of the City Attorney with respect to pending and contemplated litigation and to consider staff and legal reports pursuant to Section 551.075. Litigation Bryan v. College Station: Cause No. 40,381-85 Docket No. 15020 Docket No. 16157 Cause No. H-95-5627 Cause No. 43,098-85 Docket No. TX-98-2000 Cause No. 96-03168 Cause No. 97-02587 Council Regular 1/14/99 Page 2 George & Tara Sopasakis v. College Station Lewis v. College Station Franklin Gold v. College Station, Bryan and BVSWMA Wendy Boriskie v. College Station Claim on Patricia Street by Construction Resource Group, Inc. and Central Texas Sitework, Inc. Councilman Esmond arrived to the executive session at 5:35 p.m. Agenda Item No. 2 -- Discussion and possible action on an agreement between the City of College Station, Construction Resource Group, Inc. and Central Texas Sitework, Inc. settling claims on the Patricia Street redevelopment project. Returned into open session at 6:00 p.m. Refer to next item. Agenda Item No. 3 -- Action from executive session if necessary. Mayor Pro Tem Hickson made a motion to accept the settlement agreement between Central Texas Sitework and Construction Resource Group in the amount of $270,000. Motion seconded by Councilman Mariott which carded 5-1. Councilman Esmond voted against. Councilman Anderson absent. Mayor Mcllhaney opened the regular meeting at 6:00 p.m. Agenda Item No. 4 Mayor McIlhaney led the audience in the pledge of allegiance. Rev. Bruce Todd from Aldersgate United Methodist Church provided the invocation. Councilman Mariott made a motion to excuse Councilmember Hickson from the meeting. Motion seconded by Councilman Silvia which carried 5-0. Councilman Hickson left the meeting at 6:05 p.m. Councilman Anderson arrived to the meeting at 6:06 p.m. Mayor Mcllhaney congratulated the city's Finance Director Charles Cryan and Staff Accountant Phillip Guillen for receiving the certificate of achievement for excellence in financial reporting by the Government Finance Officer's Association. Lincoln Center Supervisor Lance Jackson recognized the efforts of community businesses who assisted with the successful 2nd annual Kwanzaa Celebration. Council Regular 1/14/99 Page 3 Agenda Item No. 5 -- Consent Agenda 5.1 Consider minutes for city council workshop and regular meetings, December 10, 1998, Special Meeting, December 17, 1998. Councilman Mariott made a motion to approve the corrected minutes. Motion seconded by Councilman Esmond which carded unanimously, 6-0. 5.2 Approved by common consent the renewal of lease agreement with Walton Estate for lease of building located at 903 Texas Ave. Location is used as office space for Community Development. Lease amount not to exceed $25,200. Funds available in General Fund, Community Development. The City will be reimbursed from Community Development Block Grant funds. 5.3 Approved by common consent an inteflocal agreement between the City of College Station and the City of Groves for the sale of one automated collection truck to the City of Groves, Texas in the amount of $25,000. 5.4 Bid No. 99-19: Approved by common consent the award of bid to Richardson Paint Company to paint the electrical substations as lowest, responsible bidder meeting specifications. Funds available and budgeted in the Electrical Fund not to exceed $57,262. 5.5 Bid No. 99-26: Approved by common consent the purchase and installation ora 100 ton truck scale to be located at Brazos Valley Solid Waste Management Agency landfill site in the amount not to exceed $49,146. Award to Fairbanks Scales as lowest, responsible bidder meeting specifications. Funds available in BVSWMA Landfill Operations. 5.6 Bid No. 99-27: Approved by common consent the purchase of traffic signal equipment. Award to lowest, responsible bidder meeting specifications in Group A is Texas Highway Products for $19,785, and Group B is Traffic Parts, Inc. for $22,254.75. 5.7 RFP #99-13: Approved by common consent the electronic meter reading system for utility customer service division. Award to SWI, Inc. for an amount not to exceed $39,008. Funds available and budgeted in Utility Billing Fund. 5.8 Discussion and possible action amending the master development plan of the Pebble Hills Subdivision, 173.18 acres located on the north side of Greens Prairie Road approximately 1500 fi. from Highway 6 intersection; and consider preliminary plat of approximately 25.27 acres located in the northwest comer of proposed subdivision. 98-314 and 98-315. Removed for discussion by Councilman Esmond. Transportation Planner Edwin Hard explained the thoroughfare plan. Council Regular 1/14/99 Page 4 Councilman Esmond made the motion to approve the master development plan and preliminary plat as presented. The motion was seconded by Councilman Silvia which carded 6-0. 5.9 Approved by common consent the resolution and agreement between the Texas Department of Transportation and the City of College Station for the city's ten percent share in the cost of right-of-way acquisition for FM 60 University Drive project. 5.10 Approved Ordinance No. 2364 establishing updated speed limits on FM 2154 from FM 60 to the city limits line south of FM 2818. 5.11 Discussion and possible action on authorization to proceed with negotiations for professional engineering services for the North Forest Parkway project. ST-9912 Removed for discussion by Councilman Anderson. City Engineer Bob Morley explained the item. Motion made by Councilman Anderson to table this item. Councilman Esmond seconded the motion. Motion failed 2-4. FOR: Esmond, Anderson AGAINST: McIlhaney, Hazen, Silvia, Mariott Motion made by Councilman Mariott to approve staffrecommendations. Motion seconded by Councilman Silvia which carried by a vote of 4-2. FOR: Mcllhaney, Hazen, Silvia, Mariott AGAINST: Esmond, Anderson 5.12 Approved by common consent the modifications to the City's Down Payment Assistance Program. 5.13 Approved Ordinance No. 2365 abandoning a. 12 acre public utility easement located on Glade, Section 12, Tract "A'. Agenda Item No. 6.1 -- Public hearing and possible action on a rezoning request of approximately 28 acres located west of the West Ridge Subdivision~ from A-O Agricultural Open to R-lB Single Family and R-1 Single Family (98-120). Senior Planner Sabine McCully presented a brief report. Mayor Mcllhaney opened the public hearing. The following audience members addressed the Council. Benito Flores-Meath, 901 Vai Verde Carl Vargo, 2902 Cortez Ct. A1 Scott, 2906 Oakbrook Ct. Council Regular 1/14/99 Page 5 Antonio Cepeda, 2901 Cortez Ct. Sue McDonald, 2903 Cortez Ct. Brien Smith, 2903 Bolero Ct. Ms. McDonald presented a letter to the City Council from her attorney, Mr. Henry Gilmore relating to the effect of protest amendment in the city's zoning ordinance. Applicant John Duncum spoke in favor of the proposed rezoning request. Dennis Maloney from the Planning and Zoning Commission spoke in favor of the request. Mayor Mcllhaney dosed the public heating. City Attorney Cargill responded to the letter submitted by Ms. McDonald. He noted that the Apollo case which held the 3/4ths mle does not apply to A-O zoning was appealed to the Texas Supreme Court and found to have no reversible error. The Zoning Ordinance defines A-O as a holding zone. The 3/4ths rule does not apply to holding zones. At the request of Council, City Secretary Hooks read a petition signed by 34 homeowners from the Courts Homeowners Association. The landowners of the properties on Aztec Court, Bolero Court, Cortez Court, Durango Court, Meadowbrook Court and Oakbrook Court who are within 200 feet of the proposed Steeplechase Subdivision protest the requested zoning change of a parcel of land next to our property from Agricultural Open A-O to R-1 and R-lB. We are asking the City Council to deny the rezoning request. All of the signatures below are from property owners in the 200 feet area surrounding the proposed development. Councilman Hazen made a motion to approve Ordinance No. 2366 rezoning an 8.43 acre tract from A-O Agricultural Open to R-lB Single Family Residential and 19.57 acre tract from A-O Agricultural Open to R-1 Single Family Residential. Motion seconded by Councilman Silvia which carded by a vote of 4-2. FOR: McIlhaney, Silvia, Hazen, Mariott AGAINST: Anderson, Esmond Agenda Item No. 6.2: Public hearing and possible action on a rezoning request for 93.5 acres located on the north side of Barron Road~ iust west of the Springbrook Subdivision from A-O Agricultural Open to R-1 Single Family {98-119). Also possible action on a master preliminary plat of the same property known as Alexandria Subdivision. {98-331) City Planner Jane Kee provided a staffreport. Mayor Mcllhaney opened the public hearing. Council Regular 1/14/99 Page 6 B enito Flores-Meath of 901 Val Verde spoke in opposition to the rezoning request. Project Manager Mike McClure answered councilmember's questions. Dennis Maloney representing the Planning and Zoning Commission answered questions regarding Cardinal Lane and the R-lB zoning district. Flora Katz of 3932 Oriole Court, stated her concern about the construction noise associated with new housing development and street construction. She asked council to review the construction hours and limit work to 8-5 on week days and no weekend work. Terry Thompson of 1737 Purple Marlin Cove spoke in opposition to the request. Mayor Mcllhaney dosed the public hearing. Councilman Mariott made a motion to approve Ordinance No. 2367 rezoning 93.5 acres located on the north side of Barton Road, just west of the Springbrook Subdivision from A-O Agricultural Open to R-1 Single Family. Motion included approval of the master preliminary plat. Motion seconded by Councilman Silvia which carded unanimously, 6-0. Councilman Esmond made a substitute motion to return this item to Planning and Zoning Commission with consideration of an R-lB zone. Motion seconded by Councilman Anderson. Motion failed 2-4. FOR: Esmond, Anderson AGAINST: Madott, Mcllhaney, Hazen, Silvia Original motion made by Councilman Mariott carded unanimously, 6-0. Council recessed for a five minute break. Council returned into open session at 7:55 pm. Agenda Item No. 6.3 -- Public hearing and possible action on proposed changes to City of College Station parkland dedication ordinance. City Planner Jane Kee explained the proposed changes to the parkland dedication ordinance. A subcommittee of the Parks and Recreation Board and Planning and Zoning members along with stafffrom Parks and Development Services recommended approval with an effective date being six months from date of adoption. Mayor Mcllhaney opened the public hearing. Council Regular 1/14/99 Page 7 Benito Flores-Meath, 901 Val Verde Winnie Garner and James Massey from the Planning and Zoning Commission Mayor Mcllhaney dosed the public hearing. Councilman Mariott made a motion to approve Ordinance No. 2:368 to amend Chapter 9, Section 10 to change the parkland dedication ordinance as presented by stm°f with an effective date in six months. Motion seconded by Councilman Silvia. Motion carried unanimously, 6-0. Agenda Item No. 6.4 -- Discussion and possible action to adopt some or all of the resolutions supported by the Brazos Valley Council of Governments requesting that the Tx. State Legislature adopt legislation necessary to: establish n county olanninR commission~ to increase appropriations for road expansion and improvement in the Brazos Valley Region~ support the continued remittance of the emergency service fee to the councils of governments for administration of 911 services provided by the conncils~ to recognize the Brazos Valley Council of Governments regional cooperation advisory committee as a rural planning organization for rural counties of the Brazos valley region~ and to increase appropriations for county iuvenile probation services Councilman Esmond made a motion to approve the proposed resolutions. Councilman Silvia seconded the motion which carried unanimously, 6-0. Agenda Item No. 6.5 -- Discussion and possible action to adopt a resolution requesting the Texas Legislature adopt legislation authorizing local taxing jurisdictions to sell delinquent tax clients to outside investors. Finance Director Charles Cryan explained the item. Members of the audience addressed the Council in opposition to the resolution. Benito Flores-Meath, 901 Val Verde Sherry Ellison, 2705 Brookway Dr. Councilman Anderson made a motion to not support the resolution as presented. Motion seconded by Councilman Esmond. Motion failed 2-4. FOR: Esmond, Anderson AGA1NST: Mariott, Hazen, Silvia, Mcllhaney Councilman Mariott made a motion to approve the resolution as presented. Motion seconded by Councilman Hazen which carded 4-2. FOR: Mcllhaney, Hazen, Mariott, Silvia AGA1NST: Esmond and Anderson Council Regular 1/14/99 Page 8 Agenda Item No. 6.6 -- Discussion and possible action to appoint a Board Chair to the Wolf Pen Creek Office/Hotel/Conference Center Tax Increment Financing District (TIF #7) Board of Directors for 1999. Councilman Madott made a motion to appoint Mark Chaloupka as Chairman. Motion seconded by Councilman Esmond which carried unanimously, 6-0. Agenda Item No. 7 -- Hear Visitors. Mike McMichen of 1405 Bayou Woods expressed concern about recent action taken by Council on January 7, 1999 regarding the initiative ordinance on Munson. Agenda Item No. 8 -- Adiourn Councilman Mariott moved to adjourn the meeting at 8:40 p.m. Motion seconded by Councilman Silvia which carded unanimously. PASSED AND APPROVED this 28th day of January, 1999. APPROVED: May'~r Lynn Mcllhaney (~TEST:. ~ [. ]~ J ~ty Secretary Connie Hooks GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1999 6:00 P.M. GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 14, 1999 6:00 P.M.