HomeMy WebLinkAbout08/29/1996 - Regular Minutes City CouncilMayor
LYNN MCILHANEY
Mayor Pro Tempore
HUB KENNADY
City Manager
GEORGE K. NOE
COLLEGE STATION
Council Members
BILL FOX
LARRY MARlO'lq'
DAVID HICKSON
DICK BIRDWELL
BRAD MARTIN
MINUTES
COLLEGE STATION CITY COUNCIL
REGULAR MEETING
THURSDAY, AUGUST 29, 1996 at 7:00 p.m.
COUNClLMEMBERS PRESENT: Mayor Mcllhaney, Mayor Protem Kennady,
Councilmembers Mariott, Fox, Birdwell
COUNCILMEMBER ABSENT: Councilmember Hickson
STAFF PRESENT: City Manager Noe, City Secretary Hooks, Assistant City
Manger Brymer, Director of Economic and Community Services Ash, Budget
Director Cryan, Finance Director Schroeder, City Engineer Laza, Project
Engineer Homeyer, Senior Planner McCully, City Planner Kee, Director of
Development Services Callaway, Public Information Officer Calliham, Assistant
City Secretary Casares
Agenda Item No. 1 -- Pledqe of Allegiance
Councilmembers and audience cited the pledge of allegiance.
Agenda Item No. 2 -- Invocation
Councilmember Fox provided the invocation.
Agenda Item No. 3 -- Consider request for absence from meetinq.
Councilman Mariott made a motion to accept the excused absence from David
Hickson, who was out of town on business. Councilman Fox seconded the
motion which carried unanimously, 5-0.
Providing Customer Service Excellence
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Page 2
ARenda Item No. 4
Proclamation for Constitution Week September 17-23, 1996
Ms. Tiner and Ms. Cooper from the Daughters of the American Revolution
accepted the proclamation read by Mayor Mcllhaney.
Presentation of Histodc Home Plaque #32
Patricia Cleer of 303 Ayrshire accepted the historic plaque # 32
A.qenda Item No. 5 -- Consent Aqenda
a. Approved council meeting minutes for city council regular meetings of
June 27, 1996, July 11, 1996, and August 8, 1996.
b. Approved purchase of software and training from Wilson Mohr, Inc. and
computer hardware from state contract and local vendors for project to improve
existing water and wastewater SCADA system. Cost for software is $47,042 and
training, $2,500. Cost for hardware improvements is $49,894 from state contract
and $11,807
c. Ratified change order no. 1 to water well no. 5 collection line project to Pate &
Pate Contractors of Huntsville in the amount of $52,497.72 and authorized an
additional $260.75 to cover quantity adjustments included in existing contract for
a total purchase amount of $52,758.47.
d. Ratified change order no. 1 to decrease contract amount for water well no. 5
to Alsay Inc. of Houston in the amount of $144,310 for services included in the
original bid but not necessary to complete the water well #5 project at this time.
Funds shall be used for other water related projects.
e. Approved payment of legal fees to Whitfield Russell Associates in the amount
of $15,558.08; Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P. in
the amount of $6,408.09; and Duncan, Weinberg, Miller & Pembroke, P.C. in the
amount of $11,329.00. (May 31,1996-July 31,1996). Funds available in the
Electrical budget, total expenditures, $33,295.17.
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Page 3
f. Approved payment of legal fees to Haynes & Boone in the amount of
$16,081.42. Funds allocated from BVSWMA budget.
g. Approved resolution and authorized Mayor, City Manager, and City Attorney
to acquire by purchase or condemnation a 0.674 acre tract, a 0.945 acre tract, a
0.317 acre tract and a 0.315 acre tract in the Crawford Burnett League for use
as a park.
h. Authorized staff to negotiate with Turner Collie & Braden of Houston for
professional engineering services for evaluation and design of remedial
drainage improvements within the Bee Creek Watershed.
i. Approved Ordinance No. 2198 amending Chapter 10, Section 2F of the
College Station Code of Ordinances to add a school zone on Lakeway Drive,
Parkview Drive, and Enterprise Drive located at the Pebble Creek Elementary
School.
j. Approved Ordinance No. 2199 on the abandonment of a 40. ft access
easement from Church Street to the northeast corner of Tract C, North
Ramparts. Applicant, George Boyett of Boyett Investments.
k. Approved Ordinance No. 2200 to amend the local hotel/motel tax ordinance
by providing an exemption for federal government or federal employees on
official business.
I. Approved resolution approving contracts for legal representation and
consulting services in College Station's participation as an intervenor opposing
an application by GTE Southwest, Inc. for authorization to recover costs incurred
and revenues lost due to expanded local calling.
Consent agenda items approved by common consent.
Agenda Item No. 6(a)-- Consider petition for annexation of 65.84 acres
currently a part of the Nantucket Subdivision.
City Planner Jane Kee stated that the purpose of the request is that the
developer would like to provide city sewer for single residential development.
She outlined the proposed schedule toward consideration of an ordinance
to annex the subject property.
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Councilman Fox made a motion to direct staff to begin annexation proceedings
and to look at the feasibility of annexing two additional tracts (20 and 21)
approximately 1200 acres, east side of Texas Avenue between Pebble Creek
and the Texas World Speedway.
Mayor Protem Kennady seconded the motion. Motion carried 4-1, Councilman
Birdwell voted against the motion.
Agenda Item No. 6(b) -- Public hearinq on the City of College Station
Proposed 1996-97 Budget.
Mayor Mcllhaney opened the public hearing. No one spoke. She closed the
public hearing.
Consideration of the budget will be placed on the September 12th council
agenda.
Agenda Item No. 6(c) -- Public hearing and consider final readinq of an
ordinance relatinq to increase in Lone Star Gas' franchise fee from 2% to
3%.
Mayor Mcllhaney opened the public hearing. No one spoke. She closed the
public hearing.
Councilman Mariott moved approval of Ordinance No. 2201. The motion was
seconded by Councilman Birdwell which carried unanimously, 5-0.
Agenda Item No. 6(d) -- Public hearinq and consider rezoninq 45.33 acres
located between the south line of Pebble Creek 3C, the east line of Colleqe
Station Business Center Phase One, and the west line of Pebble Creek 4C,
from AqriculturaI-Open and R-3 Townhome to R-1 Sinqle Family
Residential. Applicant, Davis Younq for Pebble Creek Development Co.
(96-111)
Senior Planner Sabine McCully described the subject tract and surrounding
zones and stated that the request complied with the Land Use Plan and Master
Plan for the Pebble Creek Subdivision. Staff recommend approval of the
request.
Mayor Mcllhaney opened the public hearing. No one spoke. She closed the
public hearing.
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Page 5
Mayor Protem Kennady moved approval of Ordinance No. 2202. Councilman
Fox seconded the motion which carried unanimously, 5-0.
A.qenda Item No. 6(e) -- Public hearinq and consider an ordinance rezonin.q
21.497 acres located alonq the north side of Texas Avenue south across
from Brothers Boulevard intersection from R-1 Sin.qle Family to C-1
General Commercial. Applicant, Joe Fazzino for Pleasant Forest
Partnership (96-112)
Sabine McCully described the subject tract and surrounding uses. She noted
that Tributary A is to act as a buffer between a commercial strip to the north and
the Iow density residential. The floodway can serve as a substantial buffer
which is heavily wooded without additional floodplain dedication. She presented
slides of the area.
Ms. McCully outlined the staff recommendations with the following conditions:
1. No disturbance of the floodway.
2. Floodway remain R-1.
3. Buffer between abutting existing R-1 (future medium density residential) and
request for C-1.
Questions were asked by council about the reclamation of the floodplain and the
buffer yard.
Mayor Mcllhaney opened the public hearing.
Representative of the applicant, Fain McDougal of 4150 Shadowbrook,
approached the Council to clarify matters of concern expressed by Council. As
a part of marketing considerations, it is more appropriate for the owner to rezone
the entire property commercial.
Mayor Mcllhaney closed the public hearing.
Councilman Fox moved approval of Ordinance No. 2203 as recommended by
the Planning and Zoning Commission.
Councilman Mariott seconded the motion which carried 4-1, Mayor Protem
Kennady voted against the motiOn.
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A.qenda Item No. 6(f) -- Public hearinq and consider an ordinance
amendment allowinq small restaurants as a conditional use in the C-3
Planned Commercial District (96-809).
Sabine McCully stated that the staff received a request for this amendment. She
stated that the purpose of the district is to allow commercial Iow traffic
businesses with sit down restaurants of a maximum of 1500 square feet. The
definition of a nightclub was also clarified in the ordinance amendment.
Mayor Mcllhaney opened the public hearing. No one spoke. Mayor Mcllhaney
closed the public hearing.
This item was deferred until council was provided with an ordinance prior to
consideration.
See statement following Agenda Item No. 6g.
A.qenda Item No. 6(.q) -- Public hearinq to amend 1995-96 budqet to
recognize sale of Cedar Creek Apartments, recognize additional revenues
and account for expenditures in water fund, and recoqnize funds available
and appropriations for Northqate redevelopment (amendment no. 3).
Budget Director Charles Cryan explained the ordinance amendment.
Mayor Mcllhaney opened the public hearing. No one spoke. She closed the
public hearing.
Councilman Birdwell moved approval of Ordinance No. 2205. Councilman
Mariott seconded the motion which carried unanimously, 6-0.
***** Item No. 6(0 -- Council returned to this item for consideration.
Councilman Birdwell moved adoption of Ordinance No. 2204. Councilman Fox
seconded the motion which carried unanimously, 5-0.
A.qenda Item No. 6(h) -- Public hearinq and consider application for an oil
and .qas permit for Easterwood Unit Well No. A2 as requested by Union
Pacific Resources Company of Fort Worth, Texas (96OW-01).
Staff Engineer Steve Homeyer described the request. The proposed drill site is
located approximately 600 feet east of the intersection of Raymond Stotzer
Parkway and McKenzie Terminal Boulevard.
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Page 7
Staff recommended approval of the permit with the following conditions:
1. That access is not taken from Raymond Stotzer Parkway
2. The applicant must meet all landscaping requirements established by council
or staff
3. Modification to paragraph 2 about access point regarding pavement.
Extension discussion was held on the access location to the well site.
Mayor Mcllhaney opened the public hearing.
Ernest Bruchez, attorney for the applicant, came forward. He requested
approval of the permit conditioned upon a resolution at the staff level of the
access point and UPRC shall submit a tree survey and drainage plan.
Sherry Ellison, 2705 Brookway Drive, came forward to speak on the access
location. She noted the necessary access for emergencies.
Mayor Mcllhaney closed the public hearing.
Councilman Birdwell made a motion to grant the permit with the understanding
that staff work with applicant and TAMU toward a safe access and that UPRC
submit a tree study and landscaping plan for adequate screening.
Councilman Fox seconded the motion which carried unanimously, 5-0.
A,qenda Item No. 6i -- Consider ordinance amendinq the city's bikeway
ordinance to allow parkinR in a bike lane on a limited basis durinq specific
off peak times.
Ed Hard, Transportation Planner, explained the proposed amendment. Parking
in bike lanes has been a problem in the past. The amendment would make it
possible for the City to allow parking in a specified segment of a bike lane for a
limited time period.
Mayor Mcllhaney opened the floor for public comment.
Willie Allen, 8706 Driftwood, representing the Brazos Valley Cyclists explained
that he would not be in favor of the proposed ordinance because the bicyclists in
the community would utilize the bike lanes at the limited off peak times
designated on Krenek Tap Road and a section of Holleman adjacent to
Anderson Park.
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Dave Haverland of 8600 Walnut Bend, pres. of soccer club, presented several
reasons why the parking is necessary along Holleman and Anderson.
Maurice Jacob, 500 Woodson in Bryan, spoke against the proposed ordinance.
He agreed to work with the Soccer Club to attempt a compromise for both
groups on these issues.
Steve Aldrich, 8204 Butler Ridge, of the College Station Soccer Club, also noted
that compromises are a possibility. He recommended a resolution to the parking
problem by urging the council to move as fast as possible on the acquisition of
parkland as part of the capital improvements budget in the last bond election.
issue. Mr. Aldrich sought council approval of the proposed ordinance.
Sherry Ellison of 2705 Brookway Drive asked council to consider other areas of
the city that parking may be an issue as well.
Gerald Smith of 806 Yegua in Bryan and owner of Home Brewery Supply came
forward. He noted the events held at Central Park and the parked traffic along
Krenek Tap Road. He supported the ordinance as presented.
Councilman Birdwell moved approval of the ordinance amendment. Councilman
Mariott seconded the motion.
Mayor Protem Kennady made an amended motion to table the request at time to
allow further discussion among the soccer club and cyclist's group to work
toward a compromise. Councilman Fox seconded the amended motion.
The amended motion failed 2-3:
FOR: Kennady and Fox
AGAINST: Mariott, Birdwell, Mcllhaney
Further discussion was held.
The original motion to adopt the ordinance failed 2-3.
FOR: Birdwell and Mariott
AGAINST: Fox, Kennady, Mcllhaney
A.qenda Item No. 6({) -- Consider resolution for sanitation rate revisions to
decrease the minimum commercial collection fee for customers sharinq a
refuse container, establishes a daily roll off container rental rate and a roll
off container delivery/set up char,qe.
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Page 9
Public Works Director Mark Smith presented this item which addresses two
problems in the sanitation collection service. Previously, the city had a minimum
commercial rate of $4800 a month, and at the same time, a variable rate was
implemented on the dumpsters, the city has tried to encourage businesses to
share dumpsters. The minimum rate was often higher than the shared rate. The
rate shall be decreased from $48.40 to $12.00 per month for businesses that
share commercial type refuse containers. Also, this revision establishes a daily
roll off container rental rate (from $2.50 to $2.85 per day) and delivery set up
charge ($25.00) for customers using city owned roll off containers.
Councilman Birdwell moved adoption of the resolution as presented. Mayor
Protem Kennady seconded the motion which carried unanimously, 5-0.
A.qenda Item No. 6(k) -- Discuss timinq for collection of impact fees in
Sanitary Sewer Service area "92-01".
Assistant City Engineer Veronica Morgan explained the item. At the council
meeting on June 27, 1996, council requested that staff research the possibility of
changing the time of collection of impact fees. To date, the city has assessed
the impact fees at the time of platting and collection at the time of building permit
or tap on to the sewer system. She outlined the pros and cons to both methods.
Mayor Mcllhaney read a letter from the Homebuilders Association.
If council desires to change the collection method, staff would recommend that a
public hearing be advertised and held on this item prior to any ordinance
amendment.
Mayor Protem Kennady made a motion to table this item and direct staff to return
with an ordinance addressing the collection of fee at time of platting and
schedule a public hearing prior to consideration of the ordinance. Councilman
Birdwell seconded the motion which carried 4-0-1, Councilman Mariott
abstained.
A,qenda Item No. 6(I) -- Consider award of construction contract for the
University Drive Decorative Sidewalk Replacement project.
City Engineer Kent Laza came forward to request no action by council at this
time and allow staff to negotiate with the contractor about the contract price. No
action was taken by city council.
Regular 8/29/96
Page 10
Agenda Item No. 6(m) -- Hear Visitors
David White, 5605 Polo Road came forward to address a concern about recent
action by the Planning and Zoning Commission on his rezoning request for
property located on Graham Road. The proposed use of the property is a
gymnastics training facility.
Mary Lind Bryan, a real estate broker for this property, addressed concerns
about the rezoning denied by the Planning and Zoning Commission.
Dr. Lynn White, co-owner of the warehouse facility located on Graham Road,
also commented about the use of this facility in a C-2 zone.
Ed Elmore, 3501 Regal Row, attorney representing Mr. and Mrs. White referred
to the current zoning ordinance.
City Manager Noe informed Mr. White that he may appeal the P&Z decision to
the Zoning Board of Adjustments.
Agenda Item No. 6(n) --Adjourn
Mayor Mcllhaney adjourned the meeting at 9:40 p.m.
City Secretary Connie Hooks
APPROVED:
May~r Lynr~ Mcllhaney
GUEST REGISTER
WORKSHOP MEETING OF THE CITY COUNCIL
THURSDAY, AUGUST 29, 1996
3:00 P.M.
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GUEST REGISTER
CITY COUNCIL REGULAR MEETING
THURSDAY, AUGUST 29, 1996
7:00 P.M.