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HomeMy WebLinkAbout03/25/1999 - Regular Minutes City CouncilCITY OF COLLEGE STATION Mayor Lynn Mcllhane¥ Mayor Pro Tempore David Hickson city Manager George K. Noe City Council Steve Esmond Ron Silvia Swiki Anderson Larry Madott Anne Hazen MINUTES COLLEGE STATION CITY COUNCIL Regular Meeting Thursday, March 25, 1999 at 6:00 p.m. City Hall Council Chambers COUNCILMEMBERS PRESENT: Mayor Protem Hickson, Councilmembers Mariott, Hazen, Anderson, Silvia, Esmond COUNCILMEMBER ABSENT: Mayor McIlhaney STAFF PRESENT: City Manager Noe, City Secretary Hooks, City Attorney Harvey Cargill, Jr., Senior Assistant City Attorney Nemcik, Management Assistant Broussard, Assistant City Secretary Casares, City Planner Kee, Development Services Director Callaway, Senior Planner McCully, City Engineer Mosley ' ' Mayor Protem Hickson called the meeting to order at 6:00 p.m. He lead the audience in the pledge of allegiance. Rev. Bill Killian of First Baptist Church provided the invocation. Mr. Hickson read five proclamations and presented them to the following individuals: Michelle Henley, National Student Employment Week, April 5-9 Drew Bird for Big Event, March 27 Andrea Poole, National Public Health Week, April 5-11 Tim Brown, Social Work Month Jo Carroll, National Community Development Week, March 29-April 4 Mr. Hickson also presented Lance Jackson, Lincoln Center Supervisor with a plaque fi.om the Texas Recreation and Parks Society for his meritorious service to the community. Item No. 2 -- Consent Agenda 2.1: Consider minutes for City Council Meetings of March 11, 1999. An amended copy of the minutes was presented to each councilmember. Councilman Esmond clarified that the motion related to the salaries of appointed officials was intended to include the retro dates of February 1, City Of Coll~ge Station, Texas Providinl~ Customer Servio~ [~c~l~nct Council Regular 3/25/99 Page 2 1999 and February 17, 1999 for City Secretary and City Judge, respectively. The workshop minutes were approved by common consent. Discussion was held on the regular minutes of March 1 lth on page 5 regarding the Hear Visitors item. City Secretary Hooks noted that the Mayor requested an additional statement to reflect that the council chambers was not renovated for the purpose of televising council meetings. Mr. Esmond asked that his reply to her comments be added as well. He noted that he did not agree with her comments. Benito Flores-Meath, 901 Val Verde asked the council to add a statement by the Mayor that she advised Mayor Protem Hickson to abstain from the vote regarding Mr. Meath's request for a future agenda item. Councilman Esmond made a motion to defer action of the regular minutes until the City Secretary produces a revised version back to Council. Motion seconded by Councilman Mariott which carded unanimously, 6-0. Mayor Mcllhaney absent. 2.2: Bid 99-39 Approved by common consent the purchase of one substation 139kVSF6 circuit breaker in the amount of $51,560. Awarded to Alstom USA, Inc. as lowest responsible bidder meeting specifications. Funds available in Electric Revenue Bond Fund, Capital Outlay, Electric Projects. 2.3: Bid 99-45 Approved by common consent the contract for roofing improvements at the Utility Service Center, Dowling Road Pump Station and the Police/Municipal Court Building in the amount of $66,544. Awarded to Jaco Construction as lowest, responsible bidder meeting specifications. Funds available and budgeted in General Fund, Facilities Maintenance. 2.4: Bid 99-54 Approved by common consent the construction of College Station Business Center, Phase 2B in the amount of $628,513.75. Awarded to Texcon as lowest, responsible bidder meeting specifications. Funds available in Business Park Fund. 2.5: Bid 99-57 Approved by common consent the annual bid for traffic striping and painting in the amount of $127,401.90. Funds available and budgeted in General Fund, Public Works Dept. Streets Maintenance. 2.6: Bid 99-58 Approved by common consent the annual bid for construction of Anderson Street Rehabilitation in the amount of $474,116.10. Awarded to Young Contractors as lowest, responsible bidder meeting specifications. Funds available in Capital Projects, 1995 General Obligation Bonds. Council Regular 3/25/99 Page 3 2.7: Bid 99-59 Approved by common consent the annual bid for street signs and posts in the amount of $64,101.28. Awarded to Vulcan Signs as lowest, responsible bidder meeting specifications. Funds available in General Fund, Public Works Dept. 2.8: Bid 99-62 Approved by common consent the purchase of stacking chairs for Conference Center in the amount of $18,500. Awarded to Shelby Williams as lowest, responsible bidder meeting specifications. Funds available in General Fund, Special Facilities. 2.9: Approved by common consent the resolution for the City of College Station to accept a right-of-way easement for three phase electrical service to TAMU Service Center. 2.10: Approved an interlocal agreement with Brazos County for an auction of surplus/obsolete equipment on May 22, 1999. 2.11: Approved ratification of emergency purchase of repairs for landfill barrier wall in accordance with LGC 252.022(a)(2), a procurement necessary to preserve the public health or safety of the municipality's residents. Estimated expenditure to Terra Constructors in the amount of $18,500. Funds available in Brazos Valley Solid Waste Management Agency Fund, Landfill Operations. 2.12: Approved intedocal agreement between the City of College Station and TAMU for installation of a traffic signal at the intersection of George Bush Drive and Olsen Boulevard. 2.13: Consider resolution authorizing publication of notice of intention to issue certificates of obligation in an amount not to exceed $850,000. The city shall issue $850,000 in certificates of deposit to pay for the extension of George Bush East from its current termination south of Harvey Road to an intersection with Holleman and including a bridge over Wolf Pen Creek. Benito Flores-Meath, 901 Val Verde noted that the packet did not reflect a permit issued for the bridge to be constructed across Wolf Pen Creek. He wanted to ensure that all permits are properly handled. City Manager Noe responded that this item related to the issuance of financing for the project and does not relate to permits and engineering design for the project. Mr. Noe will convey his comments along to the consultant on the project. Councilman Mariott made a motion to approve the resolution as presented. Motion seconded by Councilman Silvia which carried unanimously, 6-0, Mayor Mcllhaney absent. 2.14: Approved by common consent the resolution consenting to the formation of Brazos County Rural Fire Prevention District No. 3 in the unincorporated areas of Commissioner Sims Precinct No. 3 in Brazos County, Texas, encompassing the City of College Station's extraterritorial jurisdiction. Council Regular 3/25/99 Page 4 2.15: Approved by common consent the resolution appointing judges to serve in the May 1, 1999 election. Item No. 3 -- Reuular Agenda 3.1: Public hearing~ discussion and possible action on rezoning one acre First Methodist Church tract located in the northeast quadrant from WPC to C-1 General Commercial. 99-101 Development Services Director Jim Callaway described the subject tract. Staffand Planning and Zoning Commission recommended approval. Mayor Protem Hickson opened the public hearing. No one spoke. He closed the public hearing. Councilman Silvia made a motion to approve Ordinance No. 2374 rezoning one acre First Methodist Church tract located in the northeast quadrant of Texas and Holleman, from Wolf Pen Creek to C-1 General Commercial. Motion carried unanimously, 6-0, Mayor McIlhaney absent. 3.2: Public hearing~ discussion and possible action rezoning approximately 42.88 acres located southeast of the intersection of Pebble Creek Parkway and Royal Adelade Drive from A-O Agricultural Open to R-1 Single Family Residential 99-104 Development Services Director Jim Callaway explained the request. The proposed rezoning complies with the Land Use Plan, the approved Pebble Creek Master Plan, and approval final plat for Pebble Creek Phase 7A. Staffand Planning and Zoning Commission recommended approval. Mayor Protem Hickson opened the public heating. Benito Flores-Meath, 901 Val Verde expressed an interest in rezoning the property as R-lB to allow for larger lots. He requested council submit this request back to the P&Z with prejudice for an R-lB. Dennis Maloney, representing the Planning and Zoning Commission addressed this issue. He noted that the P&Z also discussed this issue. The lots are one quarter of an acre in size and the deed restrictions preclude smaller lots. Additionally, the R-lB zone did not exist when the master plan was submitted. However, P&Z favors R-lB and in this case, it is a mute point, because the lots are already 10,000 sq. fi. lots. Mr. Meath came forward to encourage the Council to consider R-lB. Mayor Protem Hickson closed the public heating. Council Regular 3/25/99 Page 5 Councilman Silvia made a motion to approve Ordinance No. 2375 rezoning 42.88 acres located southeast of the intersection of Pebble Creek Parkway and Royal Adelade Drive from A-O Agricultural Open to R-1 Single Family Residential. Motion seconded by Councilman Hazen. Mr. Silvia stated that the Council should consider R-lB in future developments. Councilman Esmond supported the motion. He encouraged council to consider R-lB zone for future developments. Councilman Silvia and Anderson expressed similar comments. Mayor Protem Hickson pointed out that developed land is expensive and the council should be aware that there are individuals who cannot afford a $150,000 home. This would preclude first time homebuyers. He hoped the council would not take that approach. However, R-lB is preferable subject to the subdivision or area to be developed. Councilman Esmond stated that he did not intend to eliminate R-1 and added that future plans should reflect R-lB if it meets the criteria. Mayor Protem Hickson agreed. City Manager Noe indicated a concern on behalf of the developer because the developer may not be at a point where the plan reflects the lot size, etc. He suggested council have future discussions with the Planning and Zoning Commissioners on council's philosophy and approach toward residential zones. The vote was taken and motion carded 5-1. FOR: Hickson, Hazen, Silvia, Esmond, Anderson ABSTAIN: Mariott 3.3: Public hearing~ discussion and possible action on rezoning 7.2 acres located approximately 290 feet west of FM 2818~ south of F&B Road from R-I~ Single Family to C-2 Commercial Industrial. 99-105. Veronica Morgan explained the request. The applicant, James Jett, Trustee for Mary Feltner Futrell, property owner has requested rezoning of the subject property to C-2 zoning district which is a commercial industrial district. The request is in general compliance with the city's land use plan. It does not, however, comply with the land use adjacency issues. She presented pictures of the tract and surrounding properties. Ms. Morgan explained several concerns with the area's infrastructure. It is not adequate to support development that might following with the request. There is not City sanitary sewer available to this tract and water is not available for domestic uses. Another concern is the substandard condition of F&B Road which would provide access to the property. The road is not adequate for commercial/industrial traffic. Staff recommended denial of the request for C-2 zoning until F&B Road has adequate capacity to handle the traffic volume and until the utility concerns are addressed. Residents in the area spoke against the rezoning at the P&Z hearing. Council Regular 3/25/99 Page 6 Planning and Zoning Commission recommended denial without prejudice in order to allow the applicant to work with area residents to reach a compromise. Dennis Maloney, Planning and Zoning Commissioner expressed concern about the requested zoning in effect at this time due to the uncertainty of future plans by the City of Bryan and College Station. Mayor Protem Hickson opened the public hearing. Patricia Jones, 3817 F&B Road indicated that she has lived at this property for 26 years and she is adjacent to the subject property. She noted that the area lost its identity as a single family neighborhood when a trailer park was built. She noted that this is a semi commercial area. She wanted to see more restrictions placed on the zone and prefers apartments or hotels due to the aesthetics of the area. Another concern related to a portion of F&B Road maintained by the City. Dorothy Sens, 3905 F&B Road stated the subject property would have access from F&B Road unless the properties are combined with Mr. Toler and then the access would be FM 2818. She noted that her perception of the area is residential. She opposed industrial and was opposed to the numerous types of services that could be located in this zone. She hoped that the residents would be considered when development occurs. Applicant Jim Jett, 1206 King Arthur Circle, ensured the Council that the proposed overnight delivery service company (lIPS) planned for this subject tract has decided to expand their business in Bryan. He presented pictures of Ms. Sens' trailer park. Mr. Jett indicated that the owner would accept a C-1 zone due to the absence of the proposed use. Benito Flores-Meath, 901 Val Verde noted that the carrier trucks will cause noise disturbance in the neighborhood. He encouraged C-1 as an appropriate zone and emphasized that the city should provide city services in this area. Dorothy Sens pointed out that the points she made earlier are factual. She urged council to delay any action on this rezoning request. Mayor Protem Hickson closed the public heating. Councilman Hazen stated that she agrees with the applicant's new request for a C-1 zoning district. She opposed access from F&B Road to the subject property. She would like to see the two tracts adjoin with access from FM 2818. Councilman Hazen made a motion to defer consideration of this item and return the rezoning request to Planning and Zoning Commission for consideration ora C-1 zone. Motion seconded by Councilman Silvia which carded unanimously, 6-0. Mayor Mcllhaney absent. Council Regular 3/25/99 Page 7 3.4: Public hearing~ discussion and possible action on rezoning approximately 5.8 acres located the west side of SH 6~ approximately 700 ft. south of Graham Road from R-6 Apartment/High Density to C-1 General Commercial. 99-106 Senior Planner Sabine McCully explained the master development plan. Staff and Planning and Zoning Commission recommended approval with three conditions: · A vegetative buffer meet R&D requirements on the proposed C-1 property along the western boundary. · The overall height of the buildings in the C-1 development not exceed 35 R. · The zoning not be effective until an east-west minor collector is either installed or guaranteed. Mayor Protem Hickson opened the public hearing. Mike Hester, 2900 Brothers Blvd. representing the applicant came forward to answer questions. Mayor Protem Hickson closed the public hearing. Councilman Mariott made a motion to approve Ordinance No. 2376 rezoning a 5.8 acre tract a portion of the Robert Stephenson League Abstract No. 54, in College Station, Brazos County, Texas from R-6 Apartment Medium Density to C-1 General Commercial with staff recommendations as outlined above. Motion seconded by Councilman Silvia which carded unanimously, 6-0. Mayor McIlhaney absent. 3.5: Appointment to the Brazos County Emergency 911 District Board of Managers. Councilman Hazen made a motion to appoint Police Chief Ed Feldman to replace Bill Fox. Motion seconded by Councilman Mariott which carried unanimously, 6-0. Mayor McIlhaney absent. Item No. 4 -- Hear Visitors Benito Flores-Meath, 901 Vai Verde came forward to acknowledge receipt of a letter from the City Attorney relating to Mr. Meath's ethics complaint against Mr. Hickson. Mr. Meath extended his complaint to include the City Attorney. In Mr. Meath's opinion, Mr. Cargill allowed the Council to make "illegal" votes in connection with Mr. Meath's request for an ethics investigation of councilmembers. He asked council to investigate this matter. Mr. Meath also made an open records request for records relating to abstention of votes by councilmembers and planning and zoning commissioners in the past two years. Council Regular 3/25/99 Page 8 Andrew Howard, 3007 Adrienne reported on several campus events that occurred this week. The Mayor spoke to the Student Senate and inspired the group to start a voter registration drive. 37 students were deputized as voter registrars. Councilman Silvia made a motion to adjourn. Seconded by Councilman Madott. Hearing no objection, Mayor Protem Hickson adjourned the meeting at 7:55 p.m. PASSED AND APPROVED this 8th day of April, 1999. APPROVED: Mayo~ Lynn Mcllhaney City Secretary. Cormie Hooks GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 25, 1999 6:00 P.M. GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, MARCH 25, 1999 6:00 P.M. 18. 19. 20.