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HomeMy WebLinkAbout08/08/1996 - Regular Minutes City CouncilMayor LYNN MCILHANEY Mayor Pro Tempore HUB KENNADY City Manager GEORGE K. NOE COLLEGE STATION Council Members BILL FOX LARRY MARIOTI' DAVID HICKSON DICK BIRDWELL MINUTES COLLEGE STATION CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 8, 1996 7:00 P.M. COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Protem Kennady, Councilmembers Hickson, Mariott, Birdwell, Fox STAFF PRESENT: City Manager Noe, Assistant City Manager Brymer, Director of Development Services Callaway, City Secretary Hooks, Acting City Attorney Nemcik, Budget Director Cryan, Director of Economic and Community Development Services Ash, Community Development Administrator Carroll, City Planner Kee, Senior Planner McCully, Transportation Planner Hard, Staff Planner Dunn, City Engineer Laza, Executive Director Finance Schroeder, Fire Chief Kennedy, Major Patterson Mayor Mcllhaney adjourned the executive session meeting at 6:50 p.m. Prior to opening the regular meeting, the following action was taken. Mayor Protem Kennady made a motion to set the salary for the Acting City Attorney at $63,000 retroactive to date of appointment until such time the position is permanently occupied. Councilman Mariott seconded the motion which carried unanimously, 6-0. Mayor Mcllhaney called the regular meeting to order at 7:00 p.m. Agenda Item No. 1 -- Councilmembers and audience members cited the Pledge of Allegiance. Agenda Item No. 2 -- Pastor Craig Borchardt from Peace Lutheran Church provided the invocation. Agenda Item No. 3 -- No requests were received for consideration. Providing Customer Service Excellence Regular 8/8/96 Page 2 ARenda Item No. 4 -- Cathy Lester and Rowena Tucker of LaLeche League accepted the proclamation for Breastfeeding Awareness Month. Mayor Mcllhaney read the proclamation A.qenda Item No. 5 -- Statutory A.qenda 5a. Approved increase to contract to Brenco Marketing Corporation (PO No. 960018) by $50,000 for all fuel, gas and diesel. Funds available in FY 1995-96 various funds as issued and charged to various city departments. Total expenditure not to exceed, $325,000. Item approved by common consent. Agenda Item No. 6 -- Consent Aqenda The following items were removed from the consent agenda for further consideration. Agenda Item No. 6(e) -- Oversize participation request for installation of an underground drainaqe system adjacent to the Grand Oaks Subdivision. Funds available in drainage fund, estimated amount of $18,612.00. Councilman Birdwell made a motion to deny the oversize participation request for this project. No second was made. Councilman Kennady made a motion to approve the request for oversize participation. Councilman Fox seconded the motion which carried, 5-1, Birdwell voting against. Agenda Item No. 6(I) and 6(m) -- Call public hearinq date to amend the 1995-96 bud,qet and to receive input on 1996-97 proposed bud,qet. Councilman Hickson moved to schedule the public hearings on this fiscal year's budget amendment and next year's proposed budget for Thursday, August 29. The motion was seconded by Councilman Mariott which carried unanimously, 6-0. The following items were approved by common consent. 6a. Approved council meeting minutes for workshop and regular meeting of May 23, 1996 and regular meeting of June 13, 1996. Regular 8~8~96 Page 3 6b. Approved professional services contract with Ralph Anderson & Associates for executive search services for the position of City Attorney. 6c. Approved sale of 128 Southland to the Brazos Valley Community Action Agency for use in new affordable housing initiative program and authorized city manager to execute an agreement with BVCAA specifying terms and conditions of the rehab project. Rehab project of $20,000 funded from 1994 HOME Grant CHDO. Sale proceeds of $20,000 returned to 1995 CDBG grant funds. 6d. Approved purchase of 1124 Phoenix for use in the City Hope 3 Homeownership program. Funds available from 1992 Hope 3 grant in the amount of $22,500. 6f. Approved license to encroach for Lot 7 and 8, Block 17 of Pebble Creek Phase 2B more commonly known as 6014 Augusta Circle. Encroachment located near a retaining wall built into a 20 ft. drainage easement in order to compensate for changes in topography. Applicant, Kent Moore. 6g. Approved Ordinance No. 2192 establishing a 45 mph speed limit on Graham Road from SH 6 west frontage road to FM 2154 (Wellborn Road). 6h. Approved Ordinance No. 2193 establishing a 50 mph speed limit on a section of Rock Prairie Road between SH 6 east frontage road and Greens Prairie Road. 6i. Approved Ordinance No. 2194 establishing speed limits on SH 6 frontage roads in south College Station and amending the city's traffic code to reflect one way operation of SH 6 east and west frontage roads in College Station. 6j. Approved contract with Galin Corporation in the amount of $532,210 for the Rock Prairie Road Landfill Sector 13 Development project. Funds available in the 1995-96 BVSWMA Budget (Bid No. 96-43). 6k. Approved contingency transfer for Police Department in the amount of $57,600 toward an appropriation shortfall in FY 1995-96 budget. 6n. Ratified purchase order to the Department of Health and Kinesiology at Texas A&M University for the annual health & fitness evaluations for Fire Department personnel in the amount of $17,490. Funds available in Fire Dept. 1995-96 budget. Regular 8~8~96 Page 4 60. Approved purchase order #960021 increase to item #1 to Young Brothers, Inc. by $184,050 for hot mix asphalt installed on city streets and parking lot maintenance programs. Funds available in FY 1995-96 General Fund, Streets Dept. Total revised contract amount not to exceed $453,800. 6p. Authorized assignment of oil and gas leases on College Station property from Nuevo Energy Company to Union Pacific Resources Company covering the Felix K Unit. Lease numbers are TX 5193, TX 5194, TX 5196 and TX 5197. 6q. Approved resolution amending the Code of Ordinances Chapter 14, Section 1 and 3 allowing the Police Department to charge a $10.00 fee for providing fingerprinting services to the public. Children under age of 15 will be exempt. Aqenda Item No. 7(a) -- Public hearinq and consider a city initiated rezoninR for the entire Northqate area totalinq 141.94 acres and bound by Wellborn Road, University Drive, South Colleqe, and the current city limit-,'- boundary from C-1 General Commercial, R-2 Duplexes, R-6 Hiqh Density Apartments, R-1 Sin.qle Family Residential and C-NG Commercial Northqat.-' to NG-1 Historic NorthRate, NG-2 Commercial Northqate Staff Planner Joey Dunn presented a brief overview of the request. Mayor Mcllhaney opened the public hearing. Larry Haskins, attorney representing several landowners in the Northgate district, expressed his clients' support for the rezoning. He requested that representatives from NG-2 classification be considered as future members to the Northgate Revitalization Board. Property owner Jack Culpepper came forward to express his support of the proposed ordinance. Mayor Mcllhaney closed the public hearing. Councilman Mariott moved approval of Ordinance No. 2195. Councilman Fox seconded the motion which carried unanimously, 6-0. A_qenda Item No. 7(b) -- Consider resolution settinq the drainaqe char.qes_ Public Works Director Mark Smith briefly summarized the fee structure. Mayor Mcllhaney opened the floor for public comment. Regular 8/8/96 Page 5 Stefan Gartner of 1303 Angelina Court addressed the Council on the formula to calculate the rate. Public Works Director replied that the calculation will be based on heated square footage. John Szabuniewicz of 303 College Main stated his opposition to the fee schedule. He questioned the legality of the assessment process. Mr. Smith mentioned that the charge is assessed to the utility customer. Mayor Mcllhaney closed the public hearing. Councilman Mariott made a motion to approve the resolution establishing a flat rate and amend the schedule to August 29 for adoption of the amendment to the City Code and exemptions to the utility rate. Councilman Hickson seconded the motion. Councilman Birdwell made an amended motion to approve the alternate residential rate structure based on square footage. Councilman Fox seconded the motion. Councilmembers discussed the fee options. The vote on the amended motion by Councilman Birdwell failed by a 2-4 vote. Councilmembers Fox and Birdwell voting for the motion. Mayor Mcllhaney, Mayor Protem Kennady, Councilmembers Hickson and Mariott voted against the amended motion. The original motion to adopt the resolution as proposed by staff carried 5-1, Councilman Birdwell voted against. A.qenda Item No. 7(c) Public hearinq to consider a rezoninq for and consider a master plan of approximately 175 acres for Pebble Hills Estates, located north of Greens Prairie Road and approximately 1400 feet east of the SH 6 intersection. Pebble Hills is a sinqle family subdivision with some multi-family and commercial acrea.qe. Proposed rezoninq includes 126.05 acres of the 175 acres from A-O to R-1 (101.9 acres), C-1 (16.9 acres) and R-5 (7.2 acres). Council previously .qranted R-1 zoninq for 48 of the 175 acres. Senior Planner Sabine McCully noted that the subject property is located at the Greens Prairie and Highway 6 intersection. She outlined the respective zonings for the area. The plan is for approximately 262 single family lots on 250 acres, Regular 8~8~96 Page 6 172 multi family units on 7 acres, 17 acres of commercial development, the extension of three collectors through the area, and the dedication of a sizable greenbelt and parkland area to the city. She explained that the council at their July meeting, approved a rezoning request for 48 acres of R-1 Single Family Residential which is the area on the master plan fronting on Greens Prairie Road and extending to the creek. She reiterated that the proposed higher density single family subdivision would be preferable to a lower density shown on the HOK plan. The current land use plan supports the rezoning and staff recommended approval of the request as submitted. The first topic of discussion related to greenbelt and floodplain in the area with respect to development implications. The final topic of discussion related to the density outlined on the proposed HOK master plan. Mayor Mcllhaney opened the public hearing. No one addressed the Council. She closed the public hearing. Councilman Mariott made a motion to approve Ordinance No. 2196 as submitted. Councilman Birdwell seconded the motion which carried unanimously, 6-0. A.qenda Item No. 7(d) -- Public hearinq and consider second readinq of an ordinance related to increase 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 the second reading of the franchise ordinance. Councilman Birdwell seconded the motion which carried unanimously, 6-0. Agenda Item No. 7(e) -- Consider preliminary plat of approximately 70 acres consistinq of two reserve tracts and 23 lots for R&D zoninq. Seventeen of the lots are non-buildable lots. Property is located in the southeast quadrant of Sebesta Road and Hiqhway 6 intersection. Applicant, Bill Scarmardo for Texas Diqital Systems. Item included a variance and oversize participation request. Regular 8/8/96 Page 7 City Planner Jane Kee described the preliminary plat and explained the request for oversize participation. Staff recommended approval of the preliminary plat as submitted. Staff did not recommend oversize participation. Mayor Protem Kennady moved to approve the preliminary plat without participation in the cost difference between a 10" and 12" waterline. Councilman Mariott seconded the motion which carried unanimously, 6-0. A.qenda Item No. 7(f) -- Consider interlocal .qovemmental aqreement with Texas A&M University, City of Bryan, and ColleRe Station lSD specifyin.q terms under which they will be exempted from drainaqe user fees charqed by the City of Colle.qe Station's Draina.qe Utility. Assistant City Manager Tom Brymer stated that the council directed staff at the workshop meeting on July 11th to negotiate agreements with the entities stated above. He highlighted the provisions of each agreement. Mayor Protem Kennady moved approval of the agreements submitted with the City of Bryan and College Station lSD. His motion included the approval of the agreement with TAMU with a amended language to Section 6 as follows: If TAMU fails to submit a mutually agreeable plan or fails to implement the plan, which plan or updated plan shall be approved by the City of College Station, ... Councilman Birdwell seconded the motion. Dr. Jerry Gaston of TAMU spoke against the proposed amendment. Further deliberation was held about the language in this agreement. Acting City Attorney Nemcik proposed new language. Councilman Birdwell made a motion to amend the original motion by adding the language presented by Acting City Attorney Nemcik stated as follows: In the agreement it shall read Under 6: If TAMU fails to submit a mutually agreeable plan, fails to implement the plan, or fails to update or revise the plan, then COLLEGE STATION shall remove the exemption from the drainage utility fees. Councilman Fox seconded the motion which carried 5-1, Mayor Protem Kennady opposed the motion. Regular 8/8/96 Page 8 The original motion with the amended language carried 5-1, Mayor Protem Kennady opposed the motion. A.qenda Item No. 7(.q) -- Review and take action on proposed expenditure of $15,000 to Bryan/Colleqe Station Economic Development Corporation under our existinq a.qreement to provide incentive funding for prospects relocatinq to Brazos County and specifically to Colleqe Station. EIrey Ash, Director Economic and Community Development, explained that the expenditure of $15,000 shall be for incentives to encourage Freewing Aerial Robotics Corp. to the Bryan/College Station area. Mayor Protem Kennady moved approval of the expenditure. Councilman Mariott seconded the motion which carried unanimously 5-0, Councilman Hickson abstained. A.qenda Item No. 7(h) -- Consider approval of Community Development Block Grant and HOME FY 1997 budqets. Mayor Protem Kennady moved approval of the budgets as presented. Councilman Hickson seconded the motion which carried unanimously, 6-0. Agenda Item No. 7(i) -- Review and take action on a proposed resolution authorizinq the Mayor to enter into a contract with the Georqe Bush Library Foundation for services, providinq for a public purpose, and providinq fundin.q of $50,000 each year for three years beRinninR in FY 1996. Councilman Hickson moved approval of the resolution to allocate from the FY 95-96 hotel/motel fund in the amount of $50,000 to the George Bush Library Foundation. Councilman Mariott seconded the motion which carried unanimously, 6-0. A.qenda Item No. 7(j) -- Hear Visitors. City Manager Noe expressed his appreciation to the Budget office for their efforts on this year's budget package. Sheila Walker of 2503 Yorktown, came forward to inquire about the fund allocation for the George Bush Library. She concurred with the choice of funds. Regular 8~8~96 Page 9 Mrs. Walker also inquired about the memorial highway designation, discussed at the workshop meeting held earlier in the day. City Manager responded to her question by stating that a "presidential corridor" will benefit the visitors to the community with ease in traveling into and around the city. Mrs. Walker suggested the city inquire about tourism grants to pay for these roadway name designations. A.qenda Item No. 7(k) -- Adjourn There being no further business, Mayor Mcllhaney adjourned the meeting at 9:00 p.m. APPROVEd: TIEST: - ¢ ', City Secretary Connie Hooks Mayl~r Lynn Mcllhaney ¢' GUEST REGISTER WORKSHOP MEETING OF THE CITY COUNCIL THURSDAY, AUGUST 8, 1996 /J/_~~4-,~-- 3:00 P.M. 12. 13. 19. 10. 20. GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, AUGUST 8, 1996 7:00 P.M.