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HomeMy WebLinkAbout04/09/1992 - Regular Minutes City CouncilTHURSDAY, APRIL 9, 1992 7:00 P.M. COUNCIl.MEMBERS PRESENT:Mayor Ringer, Councilmembers Brown, Birdwell, Schneider, McIlhaney, Gardner, Crouch STAFF PRF_3ENT: City Manager Ragland, Assistant City Manager Woody, Assistant City Manager Brymer, Executive Director Fiscal/Human Resources Schroeder, Public Information Officer Calliham, City Secretary Hooks, City Planner Callaway, City Attorney Locke STUD~'I' C-OV'F IJAISON: John Lauletta VISITORS PRF_,SENT: See guest register A~enda Item No. 1 - Signing of a proclamation des/gnating the week of Apr/l 6-12, 1992 as-"Harvey Mitchell Foundei-s Day". Ms. Jody Bates accepted the proclamation. 1A~nda ~tem No. 2 - Si~min~ of a _vroclamat/on designating the week of April 11-17, as ~ffety Awaren~,ss Week for Businesses" in College Station. Mr. Joe Lyle from Wal Mart accepted the proclamation. A~enda Item No. 3 - Signing of a Dl'oclalllafion des/gllat/ng the month of April as ~;[eading is Fundament/l" xffonth m College Stat/on. Ms. Phyllis Fredrickson and Lisa Mayfield accepted the proclamation. Agenda Item No. 4 - S/ming of a vroclamat/on designating the month of April as "PYevent a Litter Montl~' in-Collegi,, Station. Ms. Kathy B/ce of the Brazos An/mai Shelter accepted the proclamation. As.,enda Item No. 5 - Si~titm of a proclamation des/gnating the month of April as ",~xual Assault Aware~ss l{/Ionth'r in College Station. Ms. Paula McCune accepted the proclamation. Agenda Item No. 6 - CONSENT AGENDA. (6.1) Approval of minutes for the workshop meeting, March 25, 1992 and regular meeting, March 26, 1992. (6.2) Approval of HOPE III Implementation Grant Application and resolution authorizing Mayor to execute documents and memorandum of understanding with the Brazos Valley Community Action Agency for submission of application to HUD. City Council Regular Meeting Thursday, April 9, 1992 Page 2 .3) Consideration of an ordinance amending the Code of Ordinances by amending hapter 3, Building Regulations and deleting Chapter 5, Electrical Code and amending Chapter, Fire Protection (Ordinance No. 1950). (6.4) Consideration of an ordinance for the purpose of substituting a Presiding Judge and Alternate Judge in Precinct No. 8. Ordinance No. 1944 calling for an election to be held on May 2nd, included two judges for Precinct No. 8 who will not be able to serve. (Ordinance No. 1951). .(.6.5) Consideration of an ordinance amending Chapter 10, Section 2-D of the College station Code regarding special hazard intersections controlled by stop signs. The ordinance will amend the Traffic Control Device Inventory - Schedule III by adding stop signs at the intersections of Gunsmith Street and TriggerStreet, and Stonebrook Drive and Stonebridge Drive. (Ordinance No. 1952). (6.6) Consideration of bids for approval to renew contract for uniform rental with National Linen Co. to supply and clean uniforms for various city departments. Total expenditure, $50,467.56. Funds budgeted in the FY 1991-92 General, Utility and Sanitation Funds. (6.7) Consideration of a resolution making certain findings of fact and authorizing the Mayor to execute a license agreement between the City of College Station and applicant, Skrivanek Home Building Corporation, pertaining to the encroachment of a structure located at Lot 1, Block 11, Brandon Heights Addition, more commonly known as 700 Canterbury, into the easement. A6.8) Consideration of a resolution authorizing the Mayor, City Council and City ttorney to acquire 0.206 acres in the Crawford Burnett Survey for use as a park for the Lincoln Center/Wayne Smith Park Corridor Master Plan. (6.9) Consideration of a resolution authorizing the Mayor, City Manager, and City Attorney to acquire 0.222 acres in the Morgan Rector League for use as a drainage easement. This easement is required as a part of the Krenek Tap Road reconstruction roject. All other easements and rights-of-way have been acquired. 6.10) Approval of a development agreement with O.I. Corporation. This amended deve!o, pment agreement with O.I. Corporation established that in exchange for the rovls~on of sanitary sewer service to O.I., the Corporation shall pay to the City 15,534.80 upon completion of the sewer line. The agreement additionally waives the tap fee for connection to the sewer main. [6.11) Approval of a development agreement with Brazosland Properties for the Glenhaven Estates Subdivision. (6.12) Consideration of a preliminary plat for Kensail Point, a 9.13 acre tract location in the Nantucket subdivision. The Council requested Agenda Item No. 6.2 be removed for discussion. Councilman Birdwell moved to not submit an application for the HOPE III program funds. The motion was seconded by Councilman Brown. Councilman Brown added that this motion does not reflect the outstanding work of Community Development staff. This motion pertains to the ridiculous guidelines established by the federal government. Councilman McIlhaney stated that the program addresses the needs of this community and provides availability of home ownership. City Council Regular Meeting Thursday, April 9, 1992 Page 3 Councilman Gardner commented that the council is concerned about the federal government regulations, but the need is demonstrated in the community. Councilman Schneider stated that he agrees with the comments made by councilmembers Mcllhaney and Gardner. Councilman Crouch supported the HOPE III program. The motion failed by a vote of 2-5. FOR: Councilmembers Brown, Birdwell AGAINST: Mayor Ringer, Councilmembers Schneider, Gardner, Crouch, McIlhaney Councilman Mcllhaney moved to proceed with the grant application for the HOPE III program. The motion was seconded by Councilman Gardner which carried by a vote of 5-2. FOR: Mayor Ringer, Councilmembers Schneider, Gardner, Mcllhaney, Crouch AGAINST: Councilmembers Brown and Birdwell Age_ nda Item No. 7 - Considera6on_ of a finsl plat - T a~ Acres Mayor Ringer noted that the staff recommended this plat be approved with the condition that the sanitary sewer service be extended in accordance with the subdivision regulations. The Planning and Zoning Commission did not concur with staff's recommendation. Councilman Birdwell moved to approve the final plat for Lakeview Acres with staff recom, mendation. The motion was seconded by Councilman Brown which carried unammously, 7-0. A~end~ Item No. 8 - A _public hearinoo to cons!de_.r an ordinsn_ec ~_~onln~o a .0574 acre, tnict located on thc nonlmest comer of Spring Loop and_ University Ddv~ from~ C-N _tn A-P. Tract owned by TAC Realty. Senior Planner Callaway described the rezoning request as a city initiated rezoning upon recommendation of the University Drive Report. He pointed out that the council denied a rezoning request from A-P to C-B on the adjacent tract owned by Anco Insurance. The Planning and Zoning commission recommended denial of the city initiated rezoning, 4-1. Mayor Ringer opened the public hearing. Mr. Paul Darmitzel of TAC Realty, 1111 Briarcrest, Bryan addressed the Council in opposition of the A-P zoning based on the fact that the tract cannot be developed effectively in an A-P zone. Mayor Ringer closed the public hearing. City Council Regular Meeting Page 4 Thursday, April 9, 1992 (A~~nd~ Item No. 9 - Consideration of an ordinance relating to the above item- ce No~ 1953). Councilman Birdwell moved to deny the rezoning request from C-B to A-P. The motion was seconded by Councilman Brown. Councilman Birdwell remarked that a convenience store is not located in the surrounding area to accommodate the neighborhoods. Councilman Crouch commented on the access condition for this tract. She encouraged the A-P rezoning. Councilman Gardner pointed out that several uses would satisfy the A-P zone on this tract. The motion failed by a vote of 2-5. FOR: Councilmembers Brown and Birdwell AGAINST: Mayor Ringer, Councilmembers Schneider, Crouch, Mcllhaney, Gardner Councilman Schneider moved approval of Ordinance No. 1953 to rezone .0574 acre tract from C-N to A-P. The motion was seconded by Councilman Crouch which carried by a vote of 5-2. FOR: Mayor Ringer, Councilmembers Crouch, Schneider, Mcllhaney, Gardner AGAINST: Councilmembers Brown and Birdwell No. 10 - _A_p~blic he_aiS~Lf~rj~endment of Section 12~fiox~ Mr. Callaway explained that the staff was approached by the A&M Consolidated High School TIGER Football Club to place signs depicting their 1991 State Championship. As a result, the staff proposed changes to the sign ordinance. City Attorney Locke referred to Section H - Non-Commercial Signs in the Zoning Ordinance. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. (A~~nda Item No. 11 - Consideration of an ordinance rehting to sign regulations. ce No. 1954) Councilman Gardner expressed several comments, particularly changing the area of ~olitical signs to non-commercial signs. City Attorney Locke remarked that the United tates Supreme Court cases stated that you cannot distinguish between types of non- commercial messages. The current ordinance allowing political signs was invalid. She emphasized that the message must be non-commercial which may include political messages. With respect to city right-of-way, the staff informs the property owner to maintain the property to the curb. For instance, a political sign may be placed in the right-of-way with the owners' permission. City Council Regular Meeting Thursday, April 9, 1992 Page 5 Councilman Gardner asked about signs on public property. Mrs. Locke replied that it is staff's position that the property owner would be allowed to place signs in the city right- of-way if they wish. Mayor Ringer remarked that it would be difficult to distinguish where the right-of-way begins. Councilman Birdwell asked staff to clarify the 10 ft. distance requirement. Mrs. Locke explained that this distance is defined as 10 feet back from the roadway. Mr. Callaway mentioned that the 10 feet represented the minimum distance for adequate visibility and sight distance. Mr. Gardner read this particular section in the ordinance. Councilman Brown moved to approve Ordinance No. 1954 amending the sign regulations as recommended by staff. The motion was seconded by Councilman Crouch. Councilman Birdwell made an amended motion to ask staff to add the necessary language in the ordinance to prohibit all non-commercial signs in city right-of-way adjacent to undeveloped property. The motion was seconded by Councilman Schneider. Councilman Birdwell added to the amended motion that this provision become effective June 1st. The amended motion carried unanimously, 7-0. The motion to approve Ordinance No. 1954 as amended carried 6-1, Councilman Gardner voting against. Agenda Item No. 12 - Approval of a chang~ order for the Welsh Street construction costs, with Myrad Realty to exceed amount listed in the development agreement. This champ_ order includes the addition of sidewalk; '_s~a~_. and pavement mstrldn_gS that were not in the orio~nial SCOpe of work. Debbie Keating, Engineering Project Manager stated that this change order includes the addition of sidewalk, signage, and pavement markings in the amount of $26,812. Staff recommended approval of the change order. Councilman Crouch moved approval of the change order. The motion was seconded by Councilman Mcllhaney which carried unanimously, 7-0. Agenda Item No. 13 - Approval to negotiate a contract with a professional service provider to develop a master plan, final pht, construction plans and marketing plans for the 200 acre business park. Development Services Director Elrey Ash addressed the Council. He referred to the memorandum delivered to the Council regarding this item. Mr. Ash stated that the staff committee completed the ranking of the firms who submitted proposals on the development of the 200 acre business park. The committee suggested that the council consider and interview the top three to four firms listed in the memorandum. Mayor Ringer agreed that the interviews are important and the first meeting in May is appropriate for this. He suggested all four firms make presentations to the Council. City Council Regular Meeting Thursday, April 9, 1992 Page 6 Councilman Crouch moved to direct staff to schedule interviews with the firms for the council workshop meeting, May 13th. The motion was seconded by Councilman Schneider. Councilman Gardner mentioned that he preferred additional discussion on this issue before any decisions were made. He did not agree with the features outlined in the scope of services. Councilmembers commented on the scope of work. The motion carried by a vote of 5-2. FOR: Mayor Ringer, Councilmembers Brown, Schneider, McIlhaney, Crouch AGAINST: Councilmembers Birdwell and Gardner Mayor Ringer mentioned that a special meeting will be held on Wednesday, May 6th, 4:00 p.m. for the purpose of canvassing the election, oath of office, and a reception. A~_ nda Item No. 14 - Hear V/sito~ No one spoke. __dnda Item No. 15 - Closed se_ss_ion_ to r~c~ive _~,s~ff revert [6~2q2-17(2)(r)] and dlse~,,- acquisition r6252-17(2~(f)]. - - --- (15.1) Staff Rel~ort [6252-i7(2)(r)] a. Legal Report (15.2) Land Acquisition [6252-17(2)(0] The council moved into closed session at 8:40 p.m. Age_ nda Item No. 16 - Action on do_sed _session. The council came back into open session at 9:00 p.m. and no action was taken. Age_ nda Item No. 17 - Adjourn. Mayor Ringer adjourned the meeting at 9:01 p.m. City Secretary Connie Hooks APPROVED: GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, aPRIL 9, ~992 7:00 P.M.