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HomeMy WebLinkAbout06/27/1991 - Regular Minutes City CouncilMayor Ringe?., Councilmen Schneider, Mcnhaney, B~rdwen, Gardner, Crouch Councilman Brown City Man.a. ger Ragland, City S.e. cretary Hooks, City Attorney Locke, City Engineer P_.ullen, Asst. City Attorney Bailey-G.raham, ~ity Planner Callaway, Project Engineer Keating, Asst. City Manage.r Brymer, ..Asst. City Mana.~..er Woody, Public Information Officer Calliham See guest register. _Aaends Item No. 1 - CONSENT AG'ENDA. RI.l) Approv.al of minutes for the Workshop Meeting, June 12, 1991, and the egular Me. etmg,.June 13, 1991. . (17) Consideration of a resolution estabhshing permit fee for purchases and sales of use. d goods permit. ~_1.3) Consideration .of.a development agreement with William's Court . Homeowner's Assocmtion for landscaping on Rock Prairie Road and Victoria Avenue. H.4) Consideration of a development agreement with Brandon Heights omeowner's Association for landscaping of Rock Prairie Road. (1.5) Consideration of a resolution naming Steve Beachy as the representative to execute agreements with the grant request from small business administration - National Tree Planting Program. The above items were approved by common consent. Aaeada Item No. 2 - A public heaflna of a ~ ____~,sr~,,~t_ t with Doux Auartn,.ents - Ph'st reading of the ordinance. Mayor Ringer state.d that the previous franchise agreement was not executed due to the lack of s~guatures required within the sixty day period. Mayor Ringer o. pened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Aaenda Item No. S - Coreddem _eon of a fran~_e ~_~__,~'e,m, nent with Doux Councilman Crouch moved to approve Ordir!.ance No. 1897 to amend the franchise agreement with Doux Chene to revAse the time period for which the owner has one hundred twenty (1~.0) days to sign the agreement to operate the City Council Regular Meeting Thursday, June 27, 1991 Page 2 franchise. The motion was seconded by Councilman McIlhaney which carried unanimously, 6-0. No. 4 A - ___:- __ming a m~t with reading of the ordinance. Mayor Ringer stated that the owners of the Pebble Creek subdivision failed to sign the previous agreement within the sixty (60) day time period. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. _/k~nda Item No. 5 - Consideration of ,, franchise ~t with p_~,t~h!s Cr~,___~ Councilman Crouch moved to approve Ordinance No. 1898 to amend the franchise agreement with Pebble Creek to extend the time period to one hundred twenty days (120) for the owner to sign the franchise agreement. The motion was seconded by Birdwell which carried unanimously, 6-0. City Planner Jim Callaway explained the request. He stated that this request is for the rezoning of the vacant land on either side of C.C. Creations to facilitate proposed expansion at the location. Mr. Callaway mentioned that the Planning and zoningCo .m~.' sion ,~i~cussed the buffer arrangement in great, detail: Th.ey concluded that retaining the buffer would protect the low density residential uses and recommended approval of the rezoning request contingent upon the buffer. Staff has concluded that the recommendation by the Planning and Zoning Commission is not enforceable. Staff recommends that the buffer not be a condition of the rezoning. In lieu of this, if the council approves the rezoning, they might wi.s.h to encourage the staff and the applicant to work together through the site plan process to accomplish the Planning and Zoning Commission goal with respect to the buffer. Councilman Schneider stated his concern about access to the property. Mr. Callaway replied that narrow tracts of land front Wellborn Road are owned by d~erent property owners. Councilman.. Mc]]haney stated her concern about future own.ers adherina to the buffer reqturement. The ordinance does not have a mechamsm to requ~e them to retain this. Mayor Ringer opened the public hearing. City Council Regular Meeting Page 3 Thursday, June 27, 1991 Mr. Je..~n~,_ Ford .Taylor, owner of C.C. Creations, came forward to answer the councu s questions. Councilman Crouch asked Mr. Taylor to expand on the purpose of the additional facilities. He explained that his business has grown, and the .company has merged with another company, and it is a very good possibility that the other company win move to College Station. Councilman Gardner asked which parcel will be developed first.,....1~..~; ~sYtl. or replied that the tract on the east side is tentatively planned to be Councilman .B. irdwell asked the applicant if he had a problem with a 25' building setback abutting R-1 property. Mr. Taylor replied that he does not have a problem with this. Mayor Ringer closed the public hearing. Agenda Item No. 7 - Consideration of an ordinance rezoning the above item. Councilman Schneider moved to approve Ordinance No. 1899 rezoning a portion of Lot 1R and all of Lot 2R of the Regency Square Subdivision from C-3 Planned Commercial to C-2 Commercial Industrial. The motion was seconded by Councilman Crouch. Councilman Birdwell moved to amend the Zoning Ordinance to require a ~.5' building setback between R-1 and R-~. zoned property. The motion was seconded by Councilman Mcnhaney. Mayor. Ringer asked staff if th.e council can rezone property contingent upon the council at a later time approving a zoning ordinance amendment for the setback requirement. City Attorney Locke re,~lied that the council could require a time period for the rezoning to become enective. Mayo.r Ringer restated the intent, of the amended motion is to approve the rezonmg request with an effective dat.e of August 23rd, and to allow the c. ouncil to consider an amendment to the Zoning Ordinance at a later date re .c~.iring additional setbacks in the case where commercial property abutts residential property. The amendment to the original motion carried .by a vote of 4-2, Councilman Gardner and Councilman Schneider voting against. Ordinance No. 1899 as amended was discussed. Councilman Gardner referred to Mr. Dresser's comments from the Plannfng and Zoning Commission meeting. He disagreed with the rezoning request. City Council Regular Meeting Thursday, June ~.7, 1991 Page 4 Coun.c.' .flr?an.McIlhaney pointed out that the residential area is being upgraded and this business has been an asset to this particular area of the community. Councilman Schneider stated that he supports the rezoning request. He further stated his opposition to the amendment in that he does not believe that this is the proper way to approach the setback requirements. Councilman Birdwell pointed out that low income jobs are available at this business and he believed that this is a very good project. Councilman Crouch stated that before this business was built on this prol~erty, it remained vacant for a very long time. She fully supports the expansion 5ftl~ business. The motion to approve Ordinance No. 1899 as amended carried by a vote of 5-1, Councilman Gardner voting against. Aae~ Item No. 8 - A public hesdng to coasider rezo~lng ~ of Lot 38R S~uthwood V.~_e~ ~ ~ R-6 to C-I-. Mr. Callaway explained this item. He stated this rezoning is being requested in order to align the zon.~.g bounda~ with the recently replatted lot. '.li~e between lots 38R and 39FR. This property is located west of Southwood Dnve approximately 100 feet north of FM 2818. The Planning and Zoning Commission and the staff recommend approval. Mayor Ringer opened the public hearing. Mr. Steve Hansen, 1807 Rosebud Court, came forward to speak in favor of the request. Mayor Ringer closed the public hearing. _A~n~ Item No. 9 - Conside~tion of ~n o~ce rezonlng the sbove iteat. Councilman Schneider moved approval of Ordinance No. 1900 re, zoning Lot. 38R Southwood Valley 25 from R-6 to C-1. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. ~ Item No. 10 - Considsmtioa for ~ of rec~tians by B-CS !otnt Relief ~ .,~_g Review C, omml.ttee for funding ~ service ~ through the City s1991-92 Communitl~ Developn~n~ Block ~ Community Development Director Jo Carroll introduced Ms. Gayle Schmidt, Chairman of the Committee. Ms. Schmidt presented the results of the committee's findings. She acknowle, dged the work of the committee members and the staff of the Commumt~ Development office. She noted that twelve program applications were received. Ten programs were approved for funding. A list of the City Council Regular Meeting Thursday, June 27, 1991 programs funded by College Station are as fonows: Page 5 I . Brazos Valley Community Council Brazos County Rape Crisis Center 31 Brazos FoodBank 4. Brazos Valley Maternal/Child Health Clinic Brazos Valley Children's Foundation 61 Junction Five-O-Five $13,000 $15,000 $ 8,000 $30,154 $12,000 $9.9.,496 Total $100,650 Councilman Crouch moved to approve staffs recommendations. The motion was seconded by Councilman McIlhaney which carried unanimously, 6-0. Mayor Ringer expressed the council's appreciation for their efforts. _Aaend~ Item No. 11 - A ~ hesdna for ~ ~'tict~tion in the lZ~9osed ~ statement for the 1991-92 ConumL, dty Develo_nmentBlock Gnmt. JCo Carroll explained .this item. She stated that the city is eligible to review 1999. DBG .funds amounting to $671,000. In addition, the city anticipates receiving appro.xunately $35,000 for the Community Development Program from the revolving loan fund, the BVCAA Weatherization program, and code enforcement fines. She described the CDBG funded activities proposed for 1991-99.. Mayor Ringer o. pened the public hearing. No one spoke. Mayor Ringer closed the public heanng. Ammd~ Item No. 12 - Conside~tion of proposed ~ st~tertts~t for 1991-02 ~mm~ Development Block Orsat. Councilman Gardner moved approval of the final statement for 1991-92 Community Development Block Grant. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. _Aae~d~ Item No. 13 - Consideration of the ~oDos~ contr-_ct betwem the City of College Station, ?AMU, ~ the State ~t o~ ~__~. _VW, tO Jl~ =!1 i tr~fl~c ~_,~m~l at the ~t__,e~_-.~fln__~ of Unk.~ and Councilman Birdwell moved to authorize the city to enter into the agreement. The motion was seconded by Councilman Schneider. Asst. City Attorney Bailey-Graham presented several modifications to the con. tract as_presented in the packet. She presented an overhead describing the rev~ions. Sections 1.02, 1.03, and 1.04 have been revised to provide that the contract will be bid, and TAMU will have the right to refuse the bid and change orders. TAMU has agreed to make payment upon award of the ~ii~. The motion carried unanimously, 6-0. City Council Regular Meeting Page 6 Thursday, June 27, 1991 No. 14 - Coition of awsrd of contract for the constru~ of lrt4~'oventents to Dexter Street, ~ Project No. ~-1001. Project En..gineer Debbie Keating presented the item. The project includes the reconstruction of a portion of Dexter Street between Park Place and Thomas St[.eet, where a drainage structure and pavement structure failed during heavy rams in May. The staff recommends award to low bidder, Palasota Construction in the amount of $44,210. Councilman Birdwell moved approval of award to low bidder. The motion was seconded by Councilman Mcl]haney which carried unanimously, 6-0. Aae~_~ Item No. 15 - Reconsider award of sewer line extensions wlthtn city limits, Project No. SS1007, to Pate & Pate Enterprises, in the srnount of S138.013.24. City Attorney Locke stated that the Council deferred this item at a previous meeting. Ms. Locke stated that she has reviewed the annexations that have taken place in the area. The 1970 annexation included Wickes Lumber and the Courtney office building located on FM 2818. In 1977, Curry Plumbing was annexed. She noted that these annexations were under the 1963 annexation law which provided that the standard and scope of services to those areas annexed were to be consis- tent with the equivalent to the standard and scope of governmental and proprietary services furnished by the city in other areas. The criteria used was topography, patterns of land utilization, and population density similar to the particular annexation. Ms. Locke further explained that in 1981, the legislature amended the 1977 law to become more restrictive. Since this time, service plans are required. The Winslow Paint & Body Shop was annexed in 1982, at the same time the Industrial Park and Greens Prairie Road water tower were annexed. Ms. S~,l]~e Mullins showed slides of the tentative sewer line locations. Councilman Birdwen moved to deny the contract for sewer lines extensions, Project No. SS1007. The motion died for lack of second. Councilman Crouch asked if Pate & Pate could be asked to participate. Ms. Locke replied that the city could enter into a development agreement to provide services. She added that the staff could approach the property owners to discuss the option of entering into a development agreement. Mr. Riley stated that the sewer line for the Courtney building could be built to provide services to a larger area. Councilman Birdwell moved to deny the award of contract to Pate & Pate Enterprises. The motion was seconded by Councilman Schneider which carried City Council Regular Meeting Thursday, June 2?, 1991 Page ? unanimously, 6-0. Mayor Ringer asked the Council if they would like the s.t. aff to contact the property owners by letter to £md out if they would be willing to entertain participation. The council concurred. ~ Item No. 16 - Consideration of Joint venture agreement with MW--d~ Inc. ~ the _design and co~ 6'/5 fee~ of Welsh Ave. and oversee 1486 !_~t__ of W~!~h Ave. inc!,_,_,4~,tg a 12' waterline and a ~rt_,~,~v~l~ in I-Ielah_ ts ~n Phase 2. City Engineer .David Pullen expl...a~.ed that the Council appr.o, ved this item on May P.3rd conting, ent upon Mr. Fi.'tch's signature. As of this time, the staff has not been able to retain on the contract. The Mr. Fitch's signature agr..eement allows for the construction of the Welsh-Deacon ~tersection and the portion of Southw.ood Vall.ey Section 24, oversize pa~cipation of 1486 feet of Welsh Avenue and a sidewalk ut Brandon Heights Subdivision Phase 9.. Ci~ Attorney Locke proposed three options. Staff recommended ~at the second option, condemnation of the Fitch portion, seems to be the best option to expedite the process. Councilman Birdwell moved to authorize the Mayor to sign the .agreement with Myrad, Inc. as written and to direct staff to proceed condemnation proceedings for right-of-way on Welsh Street. The motion was seconded by Councilman Schneider which carried unanimously, 6-0. ~ Item No. 17 - Consideration of an ordinance am~,_ ,4~a Code of Ordinancos by_ addin_a a Socti_on 2 to I:~t"o~d~ ~r the _z.~n. ,l.fin~. of' Councilman Birdweil moved approval of Ordinance No. 1901 to provide the regulation of vending machines. The motion was seconded by Councilman McIlhaney which carried unanimously, 6-0. Aaenda Item No. 18 - Hear Visitors. Mr. James Kneipp of 206 Walton, addressed the Council in regards to Ordinance No. 1811. He noted that he received a letter from the Code Enforcement Officer i~.forming him that he is violation of this ordinance. He presented a petition signed by neighbors who do not object to his flowers. Mayor Ringer stated that the Council cannot take any action because it is not a ~gular agenda item. They noted that there is an appeals process to the ouncfl. Mr. Gary Smith, 9.303 West Creek Lane, addressed the Council. He came City Council Regular Meeting Thursday, June 21/, 1991 Page 8 forward to speak in support of MTV and his ,-Ii, appointment that TCA Cable has chose to drop the station from its cable selection. He urged the Council to become more involved with the local cable company. Mr. Charles Herrick, 113 Lynn Dr. #31, in Bryan, addressed the Council. He spoke to the council against censorship regarding the action of TCA Cable to remove MTV. ~ !_Mm No. 19 - C:!osed s~on to _rec_,~ve st,~ re~__~ [6!52-17f~frll ~. (19.1) St~ Report [6252:1~(2)(r)]. a. ~ Re, on b. Co~u~ Se~ces Repo~ (19.2) Pe~onnel [6252-17(2)(g)]. . D~cussion of Co--tree Appo~ents . E~ua~ons 1. Ci~ Manager 2. Ci~ A~omey The council moved into closed session at 9:00 p.m. _Aoanck Item No. 20 - Action on closed ses~_s!o_rt_ The council moved out of closed session into open session at 10:17 p.m. Councilman Crouch moved to appoint Susan Causey, 5/93 to the J.o. int Relief Funding Review Committee. The motion was seconded by Councilman Schneider which carried unanimously, 6-0. Councilman Crouch moved to appoint Susan Livingston to the Conference Center Advisory Committee. The motion was seconded by Councilman Birdweil which carried unanimously, 6-0. Councilman Birdwell moved to reappoint Charles Bun'is, 5/94, Diane S 5/93, Mark Magee, 5/93, Susan Livingston, 5/93, and a new appointmenta?Tge~d Tongco, 5/93 to the Community Development Loan Committee. The motion was seconded by Councilman Schneider which carried unanimously, 6-0. _Aome. da Item No. 20 -/kl.iourrt. Mayor Ringer adjourned the meeting at 10:19 p.m. APPR.__O~D: ~- Mayoi'~~e~ ~UEST RE~ISTER C~TY COUNCIL RE~UIJ~EETING THURSD~Y~ ~UNE 27~ 2992 7:00 P.M. 13. 15 · 18. 9. 19. 10. 20.