HomeMy WebLinkAbout12/09/1993 - Regular Minutes City CouncilMAYOR
Larry J. Ringer
MAYOR PRO-TEM
Fred Brown
CITY MANAGER
Ron Ragland
COLLEGE STATION
COUNCILMEMBERS
Hub Kennady
Lynn Mcllhaney
Vernon Schneider
David Hickson
Nancy Crouch
MINUTES
CITY COUNCIL REGULAR MEETING
THURSDAY, DECEMBER 9, 1993
7:00 P.M.
COUNCILMEMBERS PRESENT:Mayor Ringer, Councilmembers Brown, Schneider,
Hickson, Kennady, Crouch and Mcllhaney
STAFF PRESENT:
City Manager Ragland, City Attorney Locke, City
Secretary Hooks, Public Information Officer Calliham,
Executive Director Fiscal/Human Resources
Schroeder, Assistant City Manager Brymer, Assistant
City Manager Woody, Director of Development
Services Ash, Asst. Director of Development Services
Callaway, Purchasing Agent Kettler, PARD Director
Beachy, Assistant City Attorney Nemcik, Water and
Wastewater Superintendent Riley, Community
Development Administrator Carroll, Assistant Director
of Public Services Smith, Personnel Director
Pavlinski
VISITORS PRESENT:
Refer to guest register
Agenda Item No. 1 - Call to Order
Mayor Ringer called the meeting to order at 7:00 p.m.
Mayor Ringer announced that Item No. 10 was withdrawn from the meeting agenda.
Agenda Item No. 2 - Presentations and Proclamations
Janis Burke and other representatives accepted the proclamation signed by Mayor
Ringer for National Drunk and Drugged Driving Prevention Month.
Tomi Fry, the city's Chairman for United Way recognized city employees who assisted
in the coordination of the campaign drive. She presented the outcome of this year's
campaign. Mayor Ringer presented Sgt. Larry Johnson a plaque for his efforts with the
100% contribution rate within the Police Department.
City of College Station, Texas
Providing Customer Service Excellence
City Council Regular Meeting Page 2
Thursday, December 9, 1993
Ac~enda Item No. 3 - Statutory Agenda
(3.1) Bid #94-12 -Approval of five CID vehicles, Police Department, funds available as
budgeted in the FY 1993-94 fleet replacement fund. Staff recommended approval of
award to Tom Light Chevrolet as Iow bidder, total expenditure $66,370.
(3.2) Approval of Ordinance No. 2042 amending Chapter 10, Section 2-D of the
College Station Code of Ordinances regarding special hazard intersections controlled
by stop signs located at Cherry and Louise Street.
The statutory items were approved by common consent.
Aaenda Item No. 4 - Consent Agenda
(4.1) Approval of minutes for the Workshop Meeting, November 10, 1993, Executive
Session, November 11, 1993 and Regular Meeting, November 11, 1993.
(4.2) Approval of proposed contract with Express Scripts, Inc. for prescription plan
services.
(4.3) Approval of self funded Health Insurance Program renewals including Third Party
Administration and Stop Loss Insurance, Life and Accidental Death and
Dismemberment programs and Managed Care Administration for employee insurance
benefits.
(4.4) Approval of renewal of contract with Interface EAP, Inc. for employee assistance
program.
(4.5) Approval of an amendment of the Personnel Policies and Procedures Handbook
regarding Holiday Pay.
(4.6) Approval of FY 94 Brazos Beautiful Contract in the amount of $16,000 as part of
the annual renewals for outside agencies.
(4.7) Approval of contract to Camp Dresser & McKee, Inc. for the design of
enhancements to the Carters Creek Wastewater Treatment Facility. Contract not to
exceed $1,210,000. Actual fee based on the amount of hours expended on the project.
(4.8) Approval of Resolution No. 12-9-93-4.8 relating to annual environmental Health
Service Inspections.
City Council Regular Meeting
Thursday, December 9, 1993
Page 3
(4.9) Approval of policy regarding the use of temporary certificates of occupancy.
(4.10) Approval of a request for additional funding from the Brazos Valley Symphony
Society in the amount of $6500.
(4.11 ) Approval of construction of restrooms for Wolf Pen Creek Amphitheater instead
of previously approved parking.
(4.12) Approval of five year consolidated comprehensive housing affordability strategy
for Bryan and College Station.
(4.13) Bid #93-70 - Approval of FY 93-94 blanket order for thoroughfare street lighting
materials, funds available as budgeted in the electric inventory. Staff recommended
award to Techline, as Iow bidder, total expenditure $123,225.
(4.14)
Approval
a) 10.41
b)
c)
d)
e)
of Ordinance 2043 to annex the following areas:
acres, the Stonehedge Subdivision
76.4 acres, the Foxcreek Subdivision
161.1 acres of SH 6 right of way
26.4 acres of FM 60 ROW
379.9 acres in Graham Road area
(4.15) Approval of amending plat of Edelweiss Estates Phase II to correct notes,
located south of Edelweiss Phase I between Victoria Avenue and Schaffer Road
(93-212)
(4.16) Approval of final plat of Edelweiss Estates Phase III, located south of Edelweiss
Phase II, between Victoria Avenue and Schaffer Raod. Applicant is Steve Arden for
Begonia Corporation (93-240)
(4.17) Approval of final plat for Henton Subdivision, located adjacent and west of Cedar
Creek Condos, from University Drive to Lincoln Avenue (93-242).
(4.18) Approval of final plat for Lodgeco Subdivision, located on the west side of Texas
Avenue approximately 940 feet north of University Drive (93-243)
(4.19) Approval of final plat for Westminster Subdivision Phase One (ETJ located at the
intersection of Wellborn Road and Barton Road (93-244).
(4.20) Approval of master plan and preliminary plat of Phase One of Estates at River
Run, an ETJ subdivision located on the west side of Hopes Creek Road approximately
City Council Regular Meeting
Thursday, December 9, 1993
Page 4
2.69 miles west of FM 2818 and Dowling Road, bound by Brazos River on the west
(93-313).
(4.21) Approval of Resolution No. 12-9-93-4.21 for license to encroach upon Lot 1,
Block 11, Raintree Section Two, 2608 Cumberland Court. Applicant Gunnar and Mona
Finne. Encroachment is the principal structure into a 20 ft. access and utility easement.
(4.22) Approval of Resolution No. 12-9-93-4.22 for license to encroach upon Lot 6,
Block 1, Raintree Section Three, 8002 Charleston Court. Applicant Robert Mills.
Encroachment is the principal structure into a 20 ft. access and utility easement.
(4.23) Consideration of a request to exceed 24 dwelling units per acre in an R-6 district
involving the vacant 7.84 acre tract located adjacent to Polo Club Apartments located
on Dominik Drive.
(4.24) Approval to call a public hearing for the council meeting of January 13, 1994 on
proposed budget amendment 2 to appropriate additional revenues from a charge on
vehicle licenses and contributions from CSISD to fund the high school liaison officer
and an additional DARE officer to work at the middle school for nine months of FY 94.
The items from the consent agenda were approved unanimously, with the
exception of the following.
A.qenda Item No. 4.2:
Councilmember Hickson removed this item. Personnel Director Pavlinski clarified that
the discounted rate is one percent (the average wholesale price minus 5%) rather than
4% provided in the current contract.
Councilman Schneider made a motion to approve the contract with Express Scripts,
Inc. for prescription plan services.
The motion was seconded by Councilman Brown which carried unanimously, 7-0.
Agenda Item No. 4.5:
Councilman Hickson removed this item for discussion. Mrs. Pavlinski explained that
the employee will receive holiday pay for the day and if scheduled to work, the
employee would also receive the rate of time and one half. The purpose of amending
the policy is to establish a holiday pool.
City Council Regular Meeting
Thursday, December 9, 1993
Page 5
Councilman Brown made a motion to approve an amendment to the personnel policy
relating to employee benefits - holidays. Councilwoman Crouch seconded the motion
which carried by a vote of 4-2, Councilman Schneider temporarily absent from the
council room.
FOR: Mayor Ringer, Councilmembers Brown, Crouch, Mcllhaney
AGAINST: Councilmembers Kennadyand Hickson
Ac~enda Item No. 4.9:
Councilwoman Mcllhaney removed this item for discussion. Her question related to the
surety terms. Asst. Development Services Director Jim Callaway responded that the
council could set limits for the surety; however, each case is different. City Attorney
Locke described similar scenarios for compliance. City Manager Ragland explained
that this policy offers another step toward customer service. Councilwoman Mcllhaney
appreciated this effort by the staff to meet the customer's needs.
Councilwoman Mcllhaney made the motion to approve the policy regarding the use of
temporary certificates of occupancy.
The motion was seconded by Councilwoman Crouch which carried unanimously, 6-0,
Councilman Schneider was not present to vote.
AQenda Item No. 4.17:
Councilwoman Mcllhaney inquired about the Henton Subdivision final plat and the fact
that it did not contain a provision for a detention facility. City Engineer Pullen explained
that this plat is a large lot plat resubdivided into two lots for commercial use and
typically, the detention facility is handled as part of the commerical development which
is covered under the drainage ordinance.
Councilwoman Mcllhaney moved approval of the final plat for Henton Subdivision.
motion was seconded by Councilman Crouch which carried unanimously, 6-0,
Councilman Schneider was temporarily absent from the room.
The
AQenda Item No. 4.10:
Councilman Kennady removed this item for discussion. He reported that the Budget
and Finance Subcommittee met on this item. As part of the committee's
recommendation, the Brazos Valley Symphony Society request for $6,500 was based
on the MSC's intention of allocating of $50,000 for services and facilities.
City Council Regular Meeting
Thursday, December 9, 1993
Page 6
Councilman Kennady made a motion to approve the funding request of $6,500 to the
Brazos Valley Symphony Society contingent upon the funding received by the Memorial
Student Center. The motion was seconded by Councilman Brown which carried
unanimously, 6-0, Councilman Schneider temporarily absent from the meeting.
Agenda Item No. 4.23:
At the request of audience members, Mayor Ringer removed this item from the consent
agenda. Councilwoman Mcllhaney expressed comments about the request.
Jenny David of 401 University Oaks addressed the Council on this item. Her concern
related to parking for the additional 20 dwelling units and the safety and traffic hazards
associated with the new development.
Staff Planner Sabine Kuenzel explained that this item appeared before the Zoning
Board of Adjustment, but no action was taken. The parking variance request is for six
extra spaces.
Jim Gardner, 1214 N. Ridgefield inquired about the project.
Managing General Partner Alfred Lehtonen of 700 Dominik came forward. He
concurred with Ms. David's concerns about the parking problem along University Oaks
and Dominik.. The Polo Club Apartment owners contend that the parking for the
additional twenty units can be contained on the premises.
Councilman Brown made a motion to approve the request to exceed 24 dwelling units
per acre for the R-6 zoned Polo Club Apartments. Councilman Kennady seconded the
motion.
Councilwomen Mcllhaney and Crouch spoke in opposition of the motion.
Discussion followed.
The motion carried 4-3.
FOR: Councilmembers Brown, Kennady, Schneider, and Hickson
AGAINST: Mayor Ringer, Councilmembers Crouch and Mcllhaney
AQenda Item No. 4.24:
Budget Director Charles Cryan explained to the Council that the City shall pay $34,000
allocated from revenue received from the county fee on car vehicle registration. The
agreement with be looked at annually by the school.
City Council Regular Meeting
Thursday, December 9, 1993
Page 7
Councilwoman Mcllhaney stated that the Council subcommittee met with the School
District on this issue and reported that 200 students were interested in taking this class.
Mr. Kennady also mentioned the opportunity to apply for grant monies.
Councilwoman Crouch made the motion to call a public hearing on the proposed
budget amendment for January 13, 1994. The motion was seconded by Councilman
Schneider which carried unanimously, 7-0.
ITEMS FOR INDIVIDUAL CONSIDERATION
A_~enda Item No. $ - Consideration of a resolution to authorize participation in the
cost of design for George Bush Drive from Wellborn Road to FM 2818,
authorizinQ Colleue Station to be the project manager, and authorize waiver of
city's consultant acquisition process to expedite retention of desi.qn en.qineer.
Participation cost up to $95,000.
Assistant City Manager Tom Brymer addressed this item.
Mayor Ringer indicated that the George Bush Library Infrastructure Subcommittee
requested that the city waive the policy on acquisition of consultant services to expedite
this process and in addition, there are a limited number of engineering firms available
and most importantly is the time period. Mr. Brymer indicated that the subcommittee
will apply for TXDOT discretionary construction funds because it is not a funded
project. Funds for the participation in the design cost will be allocated from a portion of
the 93-94 fund balance.
Councilman Brown made the motion to approve the resolution with the condition that
the other entities agree to participate. The motion was seconded by Councilman
Kennady.
Councilwoman Crouch made an amended motion to fund the project subject to three of
the four entities agreeing to fund the project. The motion died from a lack of second.
Following further discussion, the vote was taken and the motion carried unanimously,
7-0.
City Council Regular Meeting
Thursday, December 9, 1993
Page 8
A~enda Item No. 6 - Approval of a resolution authorizing joint application of 800
MGHTZ radio frequency and in an 800 series radio system.
Councilwoman Crouch made the motion to approve Resolution No. 12-9-93-6
authorizing joint application of 800 MGHTZ radio frequency and in an 800 series radio
system. The motion was seconded by Councilman Schneider which carried
unanimously, 7-0.
AQenda Item No. 7 - Public hearin.q and consideration of the second readin~
re¢~ardin= r~ror~osed franchise agreement with Harvey SWD, limited for disposal
of saltwater through a pipeline system in the right of way of Rock Prairie Road.
Mayor Ringer opened the public hearing. No one came forward. Mayor Ringer closed
the public hearing.
Councilman Brown made a motion to approve the second reading of the franchise
agreement. The motion was seconded by Councilman Kennady which carried
unanimously, 7-0.
A_uenda Item No. 8 - Public hearinR and consideration of first reading re.qardin?
proposed franchise aRreement with Mayfield Trucking, Inc. for conductin?
collection of construction/demolition debris with roll off containers.
Executive Director Glenn Schroeder explained this item. At the present time, the City
of College Station provides the collection of construction debris as well as another local
provider. To date, staff is not aware of any complaints. The other issue related to the
control of waste stream in the local area. Based on the issues, staff recommended
denial of the request.
Mayor Ringer opened the public hearing.
Barry Mayfield of Mayfield Trucking addressed the Council about his operation and the
services he provided locally at Post Oak and the new Cinema theaters. He owns
property on Highway 6 and conducts business with surrounding communities.
Ron Schmidt, general manager of Texas Commercial Waste addressed the council in
opposition to the franchise agreement. He described his business record with the City
of College Station.
Mayor Ringer closed the public hearing.
City Council Regular Meeting
Thursday, December 9, 1993
Page 9
City Attorney Locke pointed out that Mayfield Trucking has not complied with the
insurance requirements.
Councilmembers expressed their concerns about the agreement.
Councilman Kennady made a motion to table the first reading of this agreement to the
January 13th meeting. The motion was seconded by Councilman Brown. The motion
was defeated, 3-4.
FOR: Councilmembers Mcllhaney, Brown, and Kennady
AGAINST: Mayor Ringer, Councilmembers Schneider, Hickson, and Crouch
Councilman Hickson made the motion to deny the franchise agreement. The motion
was seconded by Councilman Crouch. This motion failed by a vote of 3-4.
FOR: Councilmembers Hickson, Crouch and Mcllhaney
AGAINST: Mayor Ringer, Councilmembers Kennady, Schneider, Brown
After further consideration, Councilman Kennady made the motion to approve the first
reading of the franchise agreement with Mayfield Trucking, Inc. The motion was
seconded by Councilman Brown which carried 4-3.
FOR: Mayor Ringer, Councilmembers Schneider, Kennady and Brown
AGAINST: Councilmembers Hickson, Mcllhaney and Crouch
AQenda Item No. 9 - Public hearin.q and consideration of rezoning a 2.37 acre tract
south of Cedar Creek Condos on Lincoln from R-lA Single Family to R-2 Duplex.
Sabine Kuenzel presented the staff report. She noted there was an error in the original
legal notices mailed to the surrounding property owners. Additional letters were sent to
property owners indicating the date and time of the City Council and Planning and
Zoning meetings in January. Ms. Kuenzel explained further that the rezoning if
approved, may not be legally defensible. Therefore, this rezoning case will be placed
on the City Council's January 13th agenda.
Ms. Kuenzel indicated that this request is for the development of duplexes on the
subject property. Site is currently zoned R-lA single family which allows single family
development at a slightly higher density than the standard R-1 throughout most of the
city. R-lA allows the density of ten dwelling units per acre; whereas, the R-1 would
allow eight dwelling units per acre. Site is located on Lincoln street between the Bert
Wheeler property and another R-IA tract to the west. Both sites currently vacant. The
R-lA tract to the east extends to University Drive intersection. The Planning and
Zoning Commission recommended unanimous approval of the request at their
City Council Regular Meeting
Thursday, December 9, 1993
Page 10
December 2nd meeting.
Mayor Ringer opened the public hearing.
Don Jones of 3201 Forestwood in Bryan approached the City Council. He distributed a
handout describing the developer's intentions.
Roy Hammons of 1700 Kyle South, spoke on behalf of the land owner as a planning
and engineering consultant for this project. He affirmed the statements previously
made by Mr. Jones in terms of density. The plans include development of eight
buildings, sixteen units for the area. He expressed comments about the consideration
of this item as it impacts the developer's time frame. He asked if it were possible to
approve this item with the condition that the Planning and Zoning Commission ratify
their previous decision. City Attorney Locke noted that any action tonight by the
Council is voidable. It must be heard once again by the Planning and Zoning
Commission and the City Council. Mayor Ringer explained the appropriate procedures.
Oran Nicks, 901 Munson Avenue, came forward and delivered an overhead visual
presentation expressing his concerns of the rezoning request for R-2 duplexes. Mr.
Nicks elaborated his concerns related to other possible rezonings in the area. He
emphasized the quality of life values for College Station residents.
Steven Miller of 906 Munson approached the Council and explained that he owns the
three lots at the southwest corner of Lincoln Avenue and was not notified of the
process because he is outside the distance requirement for notification. Mr. Miller
expressed opposition to the rezoning request based on planning principles.
David Scarmardo of 1419 Holik, addressed the Council. As developer of the property
he conveyed his satisfaction with R-lA zoning if the Council was not in favor of the
higher density.
Mayor Ringer closed the public hearing.
Councilman Brown made the motion to deny the rezoning request. The motion was
seconded by Councilman Schneider which carried unanimously, 7-0.
A_~enda Item No. 10 - Public hearin.q and consideration of rezonin.q of R-?
r~ror~erty located between Manuel Drive and Col;late Circle from its current duple.v
district to R-$ Apartment Buildin.qs/Medium Density.
Mayor Ringer noted that this item was withdrawn by the applicant and staff will place
City Council Regular Meeting
Thursday, December 9, 1993
Page 11
this item on the council agenda for January 13, 1994.
Agenda Item No. 11 - Public hearing and consideration of an application for an oil
and gas operations permit for J.M. Atkins Unit #1 located near the intersection of
Rock Prairie Road and Bird Pond Road on the land of E.M. Kelley. Well classified
Rural. Operator is Clayton Williams, Energy, Inc. of Midland, Texas.
Mayor Ringer opened the public hearing. No one spoke. He closed the public hearing.
Councilman Schneider made a motion to approve the oil and gas operations permit for
J.M. Atkins Unit #1. The motion was seconded by Councilman Crouch which carried
unanimously, 7-0.
Agenda Item No. 12 - Public hearing and consideration of an application for an oil
and c~as operations permit for the J.M. Atkins Unit, Well #2, located near the
intersection of Bradley Road and Rock Prairie Road on the land of Rex T. Carrol.
Well is classified Rural. Operator is Clayton Williams Energy, Inc. of Midland,
Texas.
Mayor Ringer opened the public hearing. No one spoke. He closed the public hearing.
Councilman Brown moved approval of the oil and gas operations permit for J.M. Atkins,
Unit #2. The motion was seconded by Councilman Hickson which carried unanimously,
7-0.
Agenda Item No. 13 - Public hearin.q and consideration of an application for an oil
and gas operations permit for the Freeman-Crea.qor Unit, Well #1, located near
the intersection of Bradley Road and Rock Prairie Road on the land of James
Freeman. Well is classified Rural. Operator is Union Pacific Resources,
Company, Fort Worth, Texas.
Mayor Ringer opened the public hearing. No one spoke. He closed the public hearing.
Councilman Kennady moved approval of the oil and gas operations permit for the
Freeman Creagor Unit, Well #1. The motion was seconded by Councilman Hickson
which carried unanimously, 7-0.
AQenda Item No. 14 - Hear Visitors.
No one spoke.
City Council Regular Meeting
Thursday, December 9, 1993
Page 12
Agenda Item No. 15 - Adioum.
Mayor Ringer adjourned the meeting at 9:45 p.m.
ATTEST:
'b'~ Secretary Connie Hooks
APPROVED:
GUEST REGISTER
CITY COUNCIL REGUL~RHEETING
THURSDAYv DECEI~BER 9, L993
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