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HomeMy WebLinkAbout09/10/1998 - Regular Minutes City CouncilCITY OF COLLEC~E 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, September 10, 1998 at 7:00 p.m. City Hall Council Chambers COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Pro Tem Hickson, Councilmembers Silvia, Mariott, Hazen COUNCILMEMBERS ABSENT: Councilmembers Anderson and Esmond STAFF PRESENT: City Manager Noe, City Attorney Cargill, Jr., City Secretary Hooks, Finance Director Cryan, City Planner Kee, Senior Planner McCully, Asst. City Engineer Morgan, Development Services Director Callaway, Assistant City Manager Brymer Mayor Mcllhaney called the regular meeting to order at 7:08 p.m. Agenda Item No. 1 -- Pledge of Allegiance Mayor Mcllhaney lead the audience in the pledge of allegiance. Agenda Item No. 2 -- Invocation Agenda Item No. 3 -- Consider request for absence from meeting. A vote was not taken to consider the absences of Councilmembers Anderson and Esmond. Agenda Item No. 4 -- Constitution Week Mayor Mcllhaney presented a proclamation to Mrs. Wayne Douglas Tiner for Constitution Week, September 17-23, 1998. Agenda Item No. 5 -- Statutory Agenda 5a. Bid No. 93-33: Awarded contract renewal to Nalco Chemical Company as lowest, responsible bidder meeting specifications for dry polymer for the wastewater treatment plant in the amount of $47,000. Funds contingent upon appropriations made in FY 99 Sewer Fund. City Of College stanon~ Tcxa~ Providing CuHomcr ~¢rvic*~ Excellen¢~ Council Regular 9/10/98 Page 2 5b. Bid No. 96-24: Awarded contract renewal to U.S. Filter Distribution Group as lowest, responsible bidder meeting specifications for sensus water meters in the amount of $33,200. Funds contingent upon appropriations made in FY 99 General Fund Inventory Account. 5c. Bid No. 96-28: Awarded contract renewal to DXI Industries as lowest, responsible bidder meeting specifications for liquid chlorine for the water department in the amount of $35,000. Funds contingent upon appropriations made in FY 99 Water Fund. 5d. Bid No. 97-25: Awarded contract renewal to The Greenery as lowest, responsible bidder meeting specifications for landscape maintenance at Wolf Pen Creek, Utility Service Center and Fire Station No. 1 in the amount of $82,960. Funds contingent upon appropriations in FY 99 General Fund and Utility Fund budgets. 5e. Bid No. 98-51: Awarded contract renewal to Paterson's Lawn Maintenance Services as lowest, responsible bidder meeting specifications for water production facilities in the amount of $33,000. Funds contingent upon appropriations in FY 99 Water and Sewer Funds. 5f. Bid No. 98-82: Awarded contract for tires to Batson Tire and Auto Center as lowest, responsible bidder meeting specifications in the amount of $51,850. Funds contingent upon appropriations made in FY 99 inventory account budget. Statutory agenda items were approved by common consent. Agenda Item No. 6 -- Consent Agenda 6a. Approved minutes for City Council workshop and regular meetings, August 27, 998. 6b. Approved authorization to pay Texcon for concrete and gutter work on Welsh street in the amount of $43,000. Funds available in Thoroughfare Fund. 6c. Approved an amendment to the professional services contract for the design of Graham Road Rehabilitation by Walton and Associates Consulting Engineers, Inc. in the amount of $32,810. (CIP Project #ST9515). 6d: Approved authorization for staff to proceed with negotiations for professional engineering services for Cherry Street Improvement Program. Klotz Engineering was the first firm selected. Funds in the amount of $64,260 are available in Community Development Budget. 6e. Approved master preliminary plat of F.N. Smith 16.2 acre tract located approximately 1000 feet from the intersection of FM 2818 and SH 6 frontage road. (98-321). Council Regular 9/10/98 Page 3 6f. Approved Ordinance No. 2344 amending Chapter 10, Section 3.(E)(2)(f), Ordinance No. 2329 a recently adopted speed limit ordinance on SH 30 from East city limits at FM 158 to (6R) Texas Avenue. 6g. Approved written agreements for all community development block grant funded service agencies for FY 98-99. Funds in the amount of $176,580 are allocated and approved in CD Block Grant funds. 6h. Approved oversize participation request in the amount of $3,922 for a 12 inch water line constructed along VVoodcreek Drive in Woodcreek Phase 10A. Funds available in Water Oversize Participation budget. Consent agenda items approved by common consent. Agenda Item No. 7 -- Regular Agenda 7a and 7b. Discussion and possible action regarding public official Swiki Anderson and possible violations of Section 131 of the City Charter and executive session. These items were removed from the agenda. Discussion was held at the workshop meeting. 7c. Public hearinf]~ discussion and possible action on rezonin~l approximately 63.698 acres located west of the West Ridge Subdivision, from A-O Agricultural Open to R-1 Single Family~ R-2 Duplex~ C-N Neighborhood Commercial~ and C-1 General Commercial (98-113). Senior Planner McCully presented the staff report. The applicant plans to prepare the property for duplex and single family development, as well as a small commercial. The plan shows a 9 acre park. The requested rezoning is in conformance with the master development plan and land use plan. Staff recommended approval. Mayor Mcllhaney opened the public hearing. Antonio Copedo of 2901 Cortez Ct. expressed concern about the drainage problems which currently occur and the impact of this development on the drainage situation. He also asked about the plans for Phase I1. Carl Vargo of 2902 Cortez Ct. addressed concerns expressed to the Planning and Zoning Commission on August 20th. His concerns related to the existing and future drainage problems and proposed lot sizes. He submitted a petition signed by 107 homeowners objecting to the proposed development. Thomas McDonald of 2903 Cortez Ct. expressed similar concerns. He mentioned that the proposed $100,00 homes are not appropriate for the area. Council Regular 9/10/98 Page 4 Benito Flores Meath of 901 Val Verde noted that an access road from this development to FM 2818 would be appropriate. Navarrc will net adequately serve as a collector street. Mayor Mcllhaney explained that Navarre would be a 38 foot wide street. Ken Welch of 2901 Durango Ct. had similar concerns about drainage. June Cooper of 900 Val Verde expressed similar concerns about drainage in her neighborhood. Asst. City Engineer Veronica Morgan addressed the drainage concerns. She indicated that the cul de sacs on Cortez, Aztec, Bolero, and Cochise, and Durango is a 40 ft. wide drainage and utility right-of-way. This drainage way is intended to flood to a 40 ft. width which is acceptable by the city's design practices and drainage ordinance. In speaking with some of the residents in the area, it appeared that the concerns may relate to the width of the concrete liner which is 3 ft. wide. Mike McClure of 9262 Brookwater Circle, project engineer mentioned that this is a rezoning request and the developer's goal in the design stage of the master plan is to design a detention pond whereby drainage will not cause additional problems downstream. Nuzhat Riaz of 2900 Meadowbrook Ct. explained the problem of standing water in the drainage way behind his home. Suzanne McDonald of 2903 Cortez Ct. referred to the petition which expresses concern about the drainage issues, enlarging the lot sizes and home pdces. Mike Bolton of 2900 Bolero Court remarked that he would like to have his investment in home and property be retained by encouraging similar home sizes in the development. Dane Tipton of 2902 Meadowbrook Ct. stated that his choice for his home was based on the property values in the neighborhood. He urged council to listen to the concerns expressed by homeowners adjacent to the proposed development. Benito Flores Meath addressed the council again on the issue of property values. He urged council to delay consideration of the request. Mr. Vargo urged the developer to build larger homes that coincide with existing development in the area. John Duncum, developer of the property answered questions of the Council. Councilman Mariott asked the developer if he could make the lots larger immediately adjacent to the residents on Bolero, Cortez, Durango, etc. Mr. Duncum replied that he thought those particular lots may be larger along the buffer zone. He noted that the market study showed homes in the $100,000 range are a demand in the area. Mayor Pro ']'em Hickson reminded council that the council's decision should be based on the best use for this land. Council Regular 9/10/98 Page 5 Mayor Mcllhaney encouraged the developer to work with the homeowners on deed restrictions. Mayor Mcllhaney closed the public hearing. City Planner Jane Kee addressed the use of a potential distdct of PDD-H for the single family development. Councilman Hazen made a motion to approve Ordinance No. 2345 rezoning the following tracts from A-O Agricultural to: 31.924 acres to R-2 Duplexes 2.510 acres to C-N Neighborhood Commercial. 1.264 acres to C-1 General Commercial. The motion also referred the R-1 request for 28 acres back to the Planning and Zoning Commission. Motion seconded by Mayor Pro Tern Hickson. He encouraged the neighborhood and developer to come back to council as quickly as possible with a resolution on the R-1 zoning request. Motion carried unanimously, 5-0. 7d. Discussion and possible action on change order #6 to projects ST9508 and EU 9604 Southwest Parkway Rehabilitation and Electrical Underground Conversion Project in the amount of ~83~998.69. Public Works Director Mark Smith stated that this item is for the final change order on the Southwest Parkway project. The change is necessary to adjust final quantities to reflect the actual quantities used on the project. Final payment will be made to Young Contractors. Funds will be allocated from unallocated interest earnings. Funds attributed to the electrical underground conversion will be allocated from the Utility Fund. Bill Abbott with Klotz Associates explained the various tasks associated with this change order. Mayor Pro Tem Hickson moved approval of the change order. Motion seconded by Councilman Silvia which carried 4-0, Councilman Mariott absent from the room. 7e. Discussion and possible action on the City of College Station proposed 1998- 99 Budget. Mayor Mcllhaney mentioned that the council has met on several occasions to hear from various departments on the proposed budget. Members of the audience asked to address the Council on this item. Council Regular 9/10/98 Page 6 Dick Birdwell of 3 Forest Ddve spoke about his objection on the proposed allocation for curbside recycling. Nancy Crouch of 8700 Appomattox addressed items that were brought up dudng discussions of the CIP Committee meetings. She proposed the establishment of a fund for parks replacement items similar to the fleet replacement fund. The funds could be utilized from the available funds of $190,000. City Manager Noe mentioned that this issue is already addressed in the base budget. 7f. Public hearing, discussion and possible action on the City of College Station 1998-99 advertised ad valorem tax rate, schedule and announce meeting to adopt tax rate. Mayor Mcllhaney opened the hearing on the tax rate. No one spoke. She closed the public headng. Mayor Pro Tem Hickson made a motion to adopt Ordinance No. 2346 approving the 1998-99 budget with an amendment to include $193,000 toward debt avoidance. Motion seconded by Councilman Mariott which carried unanimously, 5-0. Mayor Pro Tern Hickson made a motion to set the tax rate and schedule the public hearing for September 24, 1998 at 7:00 p.m. Motion seconded by Councilman Mariott which carried unanimously, 5-0. 7g. Discussion and possible action on a resolution authorizing staff to enter into an agreement with the 12th Man Foundation regarding the 12th Man banner program on public streets adjacent to TAMU main campus, Councilman Madott made a motion to approve the resolution to enter into an agreement with the 12th Man Foundation to implement the 12th Man banner program throughout the city in specified locations. Motion seconded by Councilman Silvia which carried unanimously, 5-0. Agenda Item No. 8 -- Hear Visitors Maureen Howells of 207 Fidelity addressed the council about the public's right to visit city facilities. The Mayor explained that the public may visit city facilities during business hours. The City would ask that the public contact the City Manager if anyone is interested in visiting or touring the city facilities. Mayor Mcllhaney indicated that the council discussed this issue during the workshop session. Kathy Wheeler of 1003 Timm addressed the council about the engineering services on city projects such as the newest fire station, Wolf Pen Creek development, and the proposed structure for the Teen Center. She asked council to pay for Councilman Anderson's legal fees. Council Regular 9/10/98 Page 7 Agenda Item No. 9 -- Final action on executive session. No action was taken from executive session. Agenda Item No. 10 -- Adjourn. Mayor Mcllhaney adjourned the workshop, executive and regular meetings at 8:40 p.m. PASSED AND APPROVED this the 24th day of September, 199_~8. APPROVED: Ma~;Sr Lynn Mcllhaney I .~/EST: City Sacreta~ Connie Hooks September 23, 1998 Connie Hooks City Secretary P.O. Box 9960 College Station, TX 7784] Fax: 764-3800 Dear Connie: The following is a partial this at the place shown on [Carl Vargo] "Karl Vargo, Mariott, are you going to [Councilman Mariott] "1 re; time." [Vargo] "I'm must asking the City has had a little h, [Mariott] "If I had a conflic' be voting on this." [Vargo] "Right, I don't war for you. Okay? - [John Duncum] "John developers .... Mr. Marlo at the last meeting I think you in the subdivision at ~ that. We are not trying [Mariott] "Question I we requirements as far as back that would satisfy ESMOND ENGINEERING . /? , 4096936729 P.O! Home: 409/690-6252 45 Office: 409/764-7640 F~: 409/693-6729 Voi~: 7~-3541 ~L: anscript of Item 7c of the Regular Agenda of 9/10/98. Please insert our draft of the minutes: and I live at 2902 Cortez Court. Before I start, may I ask if, Mr. io any kind of building in here?" flly don't know, Mr. Vargo, I don't have any plans at the present ~ecause we wouldn't want a conflict of interest. I'm saying that ;re." of interest I would got is/c] with my city attorney and I would not ~t to put you on the spot because either way it's a lose situation Duncum, I live at 16055 Wellborn Highway. I'm one of the , we have not contacted you for obvious reasons and I noticed ,ou abstained when we took a vote on this. We would welcome ~me later time of course but I know that you have a problem with exclude you, I guess that what I'm trying to say." d have is, I know the 5,000 sq.ft, minimum does meet the city city minimum, but that is a really small lot. Could you on that ese citizens, make those a little larger?" - 60t, o,t I SEP-2~-1998 14:18 ESMOND ENGINEERING 4096936729 P.O] Council Regular 9/10/91 6f. Approved Ordinam Ordinance No. 2329 limits at FM 158 to (6R) Page 3 s No. 2344amending Chapter10, Section 3.(E)(2)(~, ecenfly adopted speedlimitordinanceon SH 30 from Eastcity Texas Avenue. 6g. Approved written agreements for all community development block grant funded service agencies for F~ 98~'~-~99_ Funds in the amount of $176,580 are allocated and approved in CE) Block (~rant funds. (ih. Approved oversizakpartJcipafion request in the amount of $3,922 for a 12 inch water line conatructad t long Woodcreek Ddve in Woodc~'eek Phase 10A. Funds available In Water Ovel size Participation 0udgei. Items approved by con Agenda Item NO- 7 - 7a and 7b, Discussio Arl~r~on and I;~osaib sessh3n. These items were rem( meeting. 7c. Public heering~ di 63.6~it8 acres located, Open to R-I Sinale Fa ~eneral Commercial Senior Planner McCull] property for duplex anc plan shows a g acre pa development plan and Mayor M¢llhaney open~ ~ Antonio Copedo of 29C '~ X I which currently _oco_jr a ~ cp.4' ~ // a~so asked about the p ~' ~Carl Vargo cf 2902 Co, ../Zoning Commission o~ i~--~.~ drainage problems and homeowners objecting Thomas McDona{d of 2 the proposed $100,001 ~30t1 consent_ gular A.~e,n,d a and possible action re~arding public official Swiki violations of Section 131 of the City Charter and executfv, e red from the agenda. Discussion was held at the w~rkshop ;cussion and possible action on mzoning approximately · e~t of the West Ridge Subdivi$ioft. from AoO Agricultural rally, R-~ Duplex, C.N Neighborhood Commercial, end C-1 8-t 3}. )resented the staff report. The applicant plans to prepare the single family development, as well as a small commercial. The rk The requested mzoning is in conformance with the master and use plan. Staff recommended approval. ~d the public headng. 1 Cortez Ct. expressed concern about the drainage problems 1<:1 the impact of this development on the drainage situation. He ans for Phase I1. i~z Ct. addressed concerns expressed to the Planning and August 20th. His concerns related to ~a existing and future proposed lot sizes. He submitted a petition signed by 107 IO the proposed development. 903 Cortez Ct. expressed similar concerns. He mentioned that )mas are not appropriate for the area. GUEST REGISTER WORKSHOP MEETING OF THE CITY COUNCIL THURSDAY, SEPTEMBER 10, 1998 3:00 P.M. 10. 20. GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 10, 1998 7:00 P.M. 12. 19. GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 10, 1998 7:00 P.M. 11. 12. 8. 9. 10. 19. 20.