Loading...
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 Regular 8/29/96 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. Regular 8/29/96 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. Regular 8~29~96 Page 4 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. Regular 8~29~96 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. Regular 8/29/96 Page 6 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. Regular 8/29/96 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. Regular 8~29~96 Page 8 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. Regular 8/29/96 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. ..... ......... :::...c.:.:......,.., , l .. n:::iiiiiiiiii!i!ii:::: ,::,.:~:i!::!i:; ......... '"i : !ii:.i::i::i::i:.ii; [i::i::i[:}ii!!iiii::!i~ 6. 9. 19, 10. 20. GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 29, 1996 7:00 P.M.