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HomeMy WebLinkAbout10/08/1998 - Regular Minutes City CouncilCITY OF COLLI~GE 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 Regular Meeting Thursday, October 8, 1998 at 7:00 p.m. City Hall Council Chambers COUNCILMEMBERS PRESENT:Mayor McIlhaney, Mayor Pro Tem Hickson, Councilmembers Hazen, Mariott, Esmond, Silvia COUNCILMEMBER ABSENT: Councilman Anderson STAFF PRESENT: City Manager Noe, Assistant City Manager Brymer, City Secretary Hooks, City Attorney Cargill, Jr., Personnel Director Pavlinski, Management Assistant Broussard, Fire Chief Giordano, Director of Development Services Callaway, City Planner Kee, Senior Planner McCully, Water/Wastewater Superintendent Riley, City Engineer Mosley Mayor McIlhaney opened the meeting at 7:03 p.m. Agenda Item No. 1 -- Pledge of Allegiance Mayor McIlhaney lead the audience in the pledge of allegiance. Agenda Item No. 2 -- Invocation Rodger Lewis provided the invocation. Agenda Item No. $ -- Request for Absence Mayor Pro Tem Hickson made a motion to excuse Councilman Anderson due to business out of town. Motion seconded by Councilman Mariott which carried unanimously, 6-0. Agenda Item No. 4 -- National Arts and Humanities Month in October Julie Angelo came forward to accept the proclamation read by Mayor McIlhaney. Council Regular Meeting 10/8/98 Page 2 Agenda Item No. 5 -- Statutory Agenda 5a: Bid No. 98-77 Awarded contract in the amount of $30,000 to GTE as lowest, responsible bidder meeting specifications. 5b: Bid No. 98-79 Awarded annual contract for T-shirts and work shirts in the amount of $28,677 to Monograms and More, Tarton, Golf& Gear, and Brazos Sportswear as lowest responsible bidders meeting specifications. Funds available in General Fund. 5c: Bid No. 99-02 Awarded contract to R.E.C. Industries as lowest, responsible bidder meeting specifications for air conditioning and improvements at Lincoln Center in the amount of $86,450. Funds available in General Fund, Facilities Maintenance Division and Community Development. Statutory agenda items approved by common consent. Agenda Item No. 6 -- Consent Agenda 6a. Minutes for Council Meetings, September 24, 1998 and Special Meeting, August 12, 1998. Approved by common consent. 6b. Bid No. 99-03 Annual contract for street materials in the amount of $747,835 with Young Contractors, Colorado Materials, Gulf States Asphalt, and Texcon as lowest, responsible bidders meeting specifications. Funds budgeted in General Fund, Streets Maintenance and Capital Improvement Fund. Approved by common consent. 6c. Consider ordinance authorizing the City Manager or his authorized designee to approve expenditures purchased through various interlocal agreements. 6d. Consider ordinance authorizing the City Manager or his authorized designee to approve contracts and expenditures for funded agencies. Members of the audience asked to address the council on Items 6c and 6d. Fiscal Services Director Charles CD'an explained that these items have been placed on the council agenda in order to streamline the process. The agreements are authorized by statute and reduce the paperwork before the city council each year. He added that these agreements would have to be approved by council during the budget adoption in order for the agreements to be implemented. The only exception to this procedure would be the agreements with the Houston/Galveston Area Council. Benito Flores Meath, 901 Val Verde expressed objection to the new procedure. His concerns related to the lack of oversight by council to monitor this process following budget approval. Council Regular 10/8/98 Page 3 June Cooper, 900 Vai Verde agreed with Mr. Meath's comments. Her concerns related to the current council/manager form of government. Mayor Mcllhaney emphasized to the audience that the council adheres to this form of government. The governance policy defines the role of council and city manager and it outlines the external and internal monitoring devices to ensure accountability by the city manager to council. In addition, the policy does not relinquish the council's power. Mayor Pro Tem Hickson made a motion to approve Ordinance No. 2349 (6c) and No. 2350 (6d). Motion seconded by Councilman Mariott. Councilman Esmond disagreed with the motion. He noted that the council should provide oversight responsibility by reviewing and considering the contracts as well as an opportunity to provide input. Motion carried 5-1, Councilman Esmond voted against the motion. 6e. Consider exemptions from competitive bidding as described in LGC 252.022(a)(7), a procurement of items that are available from one source and LGC 252.022(a)(4), a procurement ofprofessionai services. Removed by Councilman Esmond for discussion. He noted that the cover sheet indicated the exemption of professional services from competitive bidding because they are sole source providers. Mr. Cryan explained that several of these services are sole source and the remainder are procurement for services. Councilman Esmond stated that the services in question can't be sole source because local engineering firms have expressed an interest in submitting proposals for the services that the City is in the process of procuring. City Manager Noe responded that the City is happy with the services being furnished by the providers. Esmond responded that competition is good for everyone, including the City. Mayor Pro Tern Hickson made a motion to approve the exemptions. Motion seconded by Councilman Mariott which carried 5-1, Councilman Esmond voted against the motion. 6£ Approved payment to Alsay Incorporated in the amount of $25,166 for an emergency purchase to remove and replace transfer pump #2 at Sandy Point Pump Station. Funds available in Water Fun& Approved by common consent. 6g. Approved agreement with TXDOT for state to provide $272,448 for reconstruction of George Bush East (Kyle street) between Texas Avenue and Dominik Drive (ST9804). Project total, $1,490,000 to be allocated from four sources: $600,000 thoroughfare rehab fund; $550,000 GOB 1995 authorization; $272,448 urban street program grant; and, $67,552 FY 99 debt avoidance funds. Approved by common consent. 6h. Approved revisions to the resolution setting the sanitation rates for a rate reduction for commercial and residential customers. Approved by common consent. Council Regular 10/8/98 Page 4 6i. Consider negotiations with professional engineering services for northeast sewer trunkline project. Removed by Councilman Esmond for discussion. City Engineer Mosley explained that staff considered the ranking based on the current engineering procurement policy. Councilman Mariott made a motion to approve the staff recommendation to follow the ranking and begin negotiations with Othon, Inc. Motion seconded by Councilman Esmond which carried unanimously, 6-0. 6j. Consider professional services contract for the west side utility study and authorization of required expenditures. Removed by Councilman Esmond for discussion. Assistant City Engineer Brett McCully explained the contract cost which will be a shared cost with the City of Bryan. The City of College Station's share is $62,550. Mr. Esmond objected to the selected firm of McClure Engineering because of Mike McClure's article in the Eagle on April 20, 1998 in which he attacked Councilman Anderson. When challenged, Mr. McClure was unable to defend his attack on Councilman Anderson and therefore owes Councilman Anderson either an explanation or an apology. Councilman Esmond stated that honesty and good engineering go hand in hand, and that unless and until Mr~ McClure offers either an explanation or apology, he can't vote to hire McClure to do any more work. Councilman Mariott moved approval of staff recommendations. Motion seconded by Mayor Pro Tern Hickson. Motion carded 5-1, Councilman Esmond voted against. 6k. Approved the filing of an application for D.W.I. Selective Traffic Enforcement program grant funding under the FY 99 highway traffic safety plan and administered by the Texas Department of Transportation. Approved by common consent. 61. Consider an ordinance amending Chapter 10, Code of Ordinances establishing presumption related to parking offenses. Removed by Councilman Esmond for discussion. Fire Marshal Jon Mies explained that the existing Fire Code and several state parking regulations establish the presumption that a person who parked a vehicle in an illegal parking space is the registered owner of the vehicle. This ordinance will also allow for the same presumption. Councilman Esmond made a motion to approve Ordinance 2351 as presented. Motion seconded by Councilman Silvia which carried unanimously, 6-0. 6m. Consider resolution supporting legislation to amending Chapter 13.255 oftheTexas Water Code. Bill Riley explained the resolution with supported legislation to provide an efficient and expeditious process allowing cities to provide water and sewer services within newly annexed areas within the certified service area of existing utilities and clear and appropriate criteria and fair and unbiased procedures for determining compensation to be paid to existing utilities. Council Regular 10/8/98 Page 5 Councilman Esmond moved approval of the resolution. Motion seconded by Councilman Silvia which carded unanimously, 6-0. Agenda Item No. 7 - Regular Agenda 7a. Discussion and consideration of an ordinance amending Chapter 3~ Section Iv College Station Code of Ordinances by adding Amendment No. 21 adootin~ minimum foundation standards. Building Official Lance Simms presented the revisions recommended by Council at the last meeting. Dr. Louis Thompson, 1901 Bee Creek opposed the ordinance as presented. Robert Bigharn, 211 Tee Drive, Bryan stated that the proposed ordinance is an improvement from existing standards. William Berger, 505 Church stated that this ordinance is a step in the right direction. He encouraged council to consider only registered engineers to design the foundations. In response to a question by Councilman Esmond, Mr. Berger noted that it is easier and less expensive to build to a proper foundation at the beginning of construction. Tony Jones, 710 Canterbury, stated that the proposed standards are adequate. Members of the Homebuilders Association supported the minimum standards. He did not feel that it is fair to have the foundation designed by engineers only. He noted that most builders in the community exceed these standards. Councilman Esmond made a motion to approve the ordinance as presented. Motion seconded by Mayor Pro Tern Hickson. Councilman Madott made an amended motion to include the word architect in the general notes of the minimum standards. Motion seconded by Councilman Hazen which carried, 5-1. Councilman Esmond voted against. A vote was taken on the original motion as amended to approve Ordinance No. 2352. Motion carded unanimously, 6-0. 7b. Discussion and possible action on a resolution supportin~ the orooosed groundwater conservation district for Brazos and Robertson counties. Bill Riley explained that a regional water study was completed that indicated the present groundwater resource available to our area will be sufficient to meet anticipated regional Council Regular 10/8/98 Page 6 demands through 2050. The groundwater conservation district will continually monitor the water supply. Tony Jones representing the Brazos County Commissioners Court urged council to adopt the resolution. Councilman Silvia made a motion to approve the resolution as presented. Motion seconded by Mayor Pro Tern Hickson which carded unanimously, 6-0. 7c. Public hearing~ discussion and possible action on a proposed amendment to Ordinance 1638~ the College Station Zoning Ordinance Section 7.21 Wolf Pen Creek Development Corridor and Section 17.6 effect of protect to proposed amendment. (98-812) City Planner Jane Kee explained the proposed changes which involve two areas in the Wolf Pen Creek ordinance. The first item addressed was the role of the Design Review Board. The second item addressed was the uses permitted in the current Wolf Pen Creek Zoning District. The amendment addresses concerns about the current development in the Corddor versus the type of development envisioned by the original Master Plan. There has been more multi-family development and a different kind of retail development than originally anticipated. The proposed amendment provides for the following: 1. Define and prohibit big box retail development, 2. Clarify permitted retail uses, 3. Allow residents uses only as a part ora mixed use development and only with a conditional user permit; and, 4. Streamline the process to allow the Design Review Board to have authority to decide minor changes to existing sites when an owner repaints a building or modifies signage. A housekeeping item that this amendment would take care of is to insert verbiage into Section 17.6 EFFECT OF PROTECT TO PROPOSED AMENDMENT to clarify that a 3/4 vote of Council is forced when a petition is signed by owners of a certain area of land effected by a proposed change. The language now follows the state statute. With respect to the Wolf Pen Creek district ordinance, several sources were used to define "big box retail"~ She read the definition of"big box" retail development as: The "big box" development consists of at least one large store (typically over 35,0000 square feet) although size alone does not define a "big box". It can be a stand alone or it can be a shopping center. It offers a wide choice of products, often at reduced prices. They are not designed or oriented to pedestrian customers. They sell products or good such as but not limited to, furniture, appliances, carpet, office equipment. They are Council Regular 10/8/98 Page 7 usually housed in large box shaped buildings that are almost completely windowless and usually designed without regard to surrounding areas. They are not defined alone by building size or products offered, but also by the way the building exterior is designed and how the site and the building relate to their surroundings. For example, Barnes and Nobles would be a good example for the WPC area. The amendment also amends Section 7.21 "PURPOSE" to add: "Development should consist of retail commercial uses, restaurants, and entertainment uses that will enhance and support the hotel/conference center and the pedestrian movement that will occur throughout the corridor." The amendment includes an addition to the PERMITTED uses: "Retail sales and services with no outside storage of merchandise and offering products or services oriented to pedestrian as well as vehicular traffic. Examples include but are not limited to bookstores, art galleries, git~ shops, boutiques, and other specialty shops." The amendment would allow apartment development as a conditional use permit granted by the P&Z Commission and be a part of a mixed use development. The amendment would read: "Residential uses as part of a planned mixed use development when designed using the specific development criteria of the Planned Development District." Lastly, the amendment clarifies the membership of the Design Review Board to include the City Engineer, City Planner and a member of the Planning and Zoning Commission shall serve on the DRB. Ms. Kee stated that the Planning and Zoning Commission unanimously approved the recommendations. She added that the staff received a petition in opposition which constituted 23% of the property under consideration for rezoning, which will force a 3/4 vote of the entire council. With six members present of the council, a unanimous vote must occur for the ordinance to pass. Mayor MclIhaney asked staff if the "big box" was reviewed as a potential conditional use. Ms. Kee stated that staff did not recommend this because it seemed fairly clear through the process that "big box" was not an item for development in WPC. She briefly explained the conditional use permit process. Mayor McIlhaney opened the public heating. Bart Munro, 6480 Waterway addressed concerns about the additional mandates with this proposed ordinance. Paul Clarke came forward to express objection to the staff's proposal. Council Regular 10/8/98 Page 8 Wayne Rife, representing the Planning and Zoning Commission, expressed support for the amendments. He noted that the Wolf Pen Creek Master Plan oversight committee has been implemented to make sure that the original vision is retained for the corridor. Mayor McIlhaney closed the public hearing. Mayor Pro Tern Hickson made a motion to approve the recommendations presented by staff Motion seconded by Councilman Hazen. Councilman Esmond did not support the motion for the following reasons: (1) The City needs to quit blaming developers and clean up the mud pit, (2) The City needs to define "big box retail," (3) The City needs to implement its own plan, proving to developers that the City is serious about the vision for Wolf Pen Creek. Councilman Esmond restated his strong support for the Wolf Pen Creek Master Plan, and suggested that the current proposal needs to address these deficiencies. Motion failed due to its lack of a unanimous vote. Council recessed for a short break at 9:05 p.m. Council returned to open session at 9:10 p.m. 7d: Public hearing~ discussion and possible action rezoning approximately 11.46 acres located 1/2 mile south of Greens Prairie Rd. on the west side of Highway 6 service road from A-O Agricultural Open to C-B Business Commercial (98-111). Senior Planner Sabine McCully addressed this item. This item was before the Council in August. Council deferred this item back to staffto work with the developer for a less intensive commercial classification. Ms. McCully showed slides of the subject property and surrounding properties. Commercial businesses were located adjacent to the property. Staff and Planning and Zoning Commission recommended denial of the request. Mayor Mcllhaney opened the public hearing. Real estate agent Maria Polites, 3401 Coastal Drive urged council to consider their request for a commercial zone. Property Owner John Otts mentioned that he has been approached by a business owner to locate a restaurant at this tract. Mayor McIlhaney closed the public hearing. Council Regular 10/8/98 Page 9 Councilmembers expressed comments about this rezoning request in relation to the Comprehensive Plan. A Business Planned Development District was discussed as an option. Councilman Esmond made a motion to approve Ordinance No. 2353 adopting the rezoning request from A-O Agricultural Open to C-B Business Commercial. Motion seconded by Councilman Mariott. Motion carried by a vote of 4-2. FOR: McIlhaney, Esmond, Madott, Silvia AGAINST: Hickson, Hazen 7e: Public hearing~ discussion and possible action rezoning Lots 1~ 8~ 9~ and 10 of Block 4 of Pooh's Park Subdivision located along the north side of Holleman between Tx. Avenue and Lassie Lane from WPC Wolf Pen Creek to C-1 General Commercial (98-115~ 116~ 117) City Planner Jane Kee explained the request. In 1996, the City Council rezoned a large tract of land, typically known as Pooh's Park from WPC to C-1 General Commercial with the condition that the WPC requirements for dealing with the floodway and floodplain area be adhered to at the time of development. The property owners requested the rezoning because they felt that the WPC restrictions were inhibiting the sale and development of their property. The property has not developed under the C-1 regulations while there has continued to be property development within the WPC on other tracts of land. The property owner has now requested an additional four lots be rezoned in anticipation that they may be consolidated with the larger tract. In this case, the previous rezoning constitutes a major change in the WPC boundary. This change could justify rezoning these lots out of the WPC district and to another commercial zoning classification. Another change that has occurred in the area is the addition to the thoroughfare plan of the extension of George Bush Drive East to Holleman. This street will cut through lot 7, block 4, and part of lot 6, block 4, both of which are zoned C-1 present. This will leave a small amount (just over 5,000 square feet) of property with C-1 zoning on the east side of George Bush Dr. East. This future street extension should serve as a definitive boundary between any commercial zoning that occurs on the west side and WPC corner on the east. Staff recommended Lot 1 be rezoned to C-1 General Commercial and lots on the east side remain in the WPC zoning district. The Planning and Zoning Commission concurred with staff s recommendation. Mayor Mcllhaney opened the public hearing. Council Regular 10/8/98 Page 10 Richard Talbert, the attorney representing the property owner explained that the request will enhance development in the area. Bart Munro, 6480 Waterway, property owner in Wolf Pen Creek supported the staff's position. He suggested recapturing the WPC zoning and provide for an entrance into the corridor. Dixie Dale, P.O. Box 10435, College Station described her property and asked for council support. Mayor Mcllhaney closed the public hearing. Councilman Mariott made a motion to approve Ordinance No. 2354 with staff recommendations. Motion seconded by Mayor Pro Tem Hickson carried 6-0. Agenda Item No. 7f: Discussion and possible action on recommendation from Munson Avenue Traffic Committee to alter the barricades located at Munson Avenue and Dominik Drive. Rodger Lewis from the Munson Committee presented the Munson Committee's recommendations. He discussed the circumstances involved during the meetings and the proceedings of each meeting. Mr. Lewis commented on the frustration levels within the diverse group. His recommendations were: 1. Keep Munson totally closed to thru traffic but at a difference point. Possibly on Holt Street at the park area. 2. Partial closure of Munson north of Gilchrist. 3. Munson open to thru traffic with speed humps and stop signs only. It was recommended by Dr. Sharon Colson to consider these options as temporary measures. Several audience members spoke on both sides of the issue. Debbi Beck, 1403 Francis Dawn Aberth, 1203A Munson Judy Warren, 904 Francis Marge Zwolinski, 903 Francis Drive Bob Jones, 6335 Gull:ton, Houston. Mother resides at 1212 Munson Stephen Miller, 906 Munson Ellen Taylor, 800 CJilchrist Roland Allen, 1002 Ashburn Sara Lammerts, 1502 Munson Gary Halter, 1204 Ashburn Council Regular 10/8/98 Clydean Norris, 1111 Berkeley Mike McMichen, 1405 Bayou Woods Kayla Glover, 1210 Marstellar Ann Hunter, 1116 Ashburn Sherry Ellison, 2705 Brookway Peter Hugill, 904 Francis Brenda Pollock, 1217 Westover Council recessed for a short break. Page 11 L'Y[57 Secretary C6nnie Hooks No action was taken from executive session. Agenda Item No. 10 -- Adiourn. Mayor McIlhaney adjourned the meeting at 12:00 a.m. PASSED AND APPROVED this 12th day of November, Motion carried unanimously, 6-0. Agenda Item No. 8 -- Hear Visitors. No one spoke. Agenda Item No. 9 -- Action on executive session. Councilmembers asked staffto monitor traffic on other neighborhood streets. Staff was also directed to work with the family whose property is affected by the barricade located in the front of their home. Councilmembers appreciated the efforts of the committee and city staff 1998. APPROVED: Maydr Lynn Mcllhaney / Councilmembers proceeded with the meeting and following councilmember comments, Mayor Pro Tern Hickson made a motion to permanently close Munson at Dominik with the placement of a 911 gate for emergency service and for staffto look at a potential median on Ashbum. Motion seconded by Councilman Esmond. GUEST REGISTER WORKSHOP MEETING OF THE CITY COUNCIL THURSDAY, OCTOBER 8, 1998 4:00 P.M. 11. 12. 18¸ 19 10. 20 GUEST REGISTER WORKSHOP MEETING OF THE CITY COUNCIL THURSDAY, OCTOBER 8, 1998 4:00 P.M. 11. 12. 13. 19¸ 10. 20 GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 8, 1998 7:00 P.M. GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 8, 1998 7:00 P.M. GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 8, 1998 7:00 P.M. 10¸ 20. GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 8, 1998 7:00 P.M. 19. 20.