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HomeMy WebLinkAbout02/24/1994 - 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, FEBRUARY 24, 1994 7:00 P.M. COUNClLMEMBERS PRESENT: Mayor Ringer, Brown, Kennady, Mcllhaney, Schneider and Hickson COUNCILMEMBERSABSENT: Councilwoman Crouch STAFF PRESENT: City Manager Ragland, City Secretary Hooks, City Attorney Locke, Assistant City Manager Woody, Executive Director Fiscal/Human Resources Schroeder, Assistant Director Development Services Callaway, City Engineer Pullen, Community Development Director Carroll, Transportation Planner Hard, Staff Planner Kuenzel, Administrative Assistant Community Services Kersten, Assistant Public Relations Manager Yancy. AGENDA ITEM NO. 1 - PRESENTATIONS: Mr. Rex Janne came forward and accepted proclamation for NATIONAL PURCHASING MONTH. Mayor Ringer read a letter from Councilman Brown to inform the public of Mr. Brown's resignation of his position as Mayor Pro-Tern and Councilman Place 1 effective May 7, 1994. AGENDA ITEM NO. 2 - STATUTORY AGENDA (2.1) Bid #94-16 - Approved three (3) replacement sets of Substation Batteries, Public Utilities Technical Services Division, funds available as budgeted in the FY 1993-94 Electric Fund, staff recommended award to Lewis-Moore-Payette as Iow bidder, total expenditure is $21,196. C~y o! College Station, Texas Providing Customer Service Excellence City Council Regular Meeting Thursday, February 24, 1994 Page 2 (2.2) Bid #94-21 - Approved traffic equipment for the street intersections at Spring Loop/Lincoln, University Drive/East Tarrow and TarrowlHearthstone. Funds are available in General Obligation bond funds. Staff recommended award to Traffic Signal Equipment as Iow bidder, total expenditure is $34,105.45. (2.3) Bid #94-27 - Approved one (1) Industrial Backhoe/loader, Public Utilities Water and Wastewater Division, funds are available as budgeted in FY 1993-94 Equipment Replacement Fund, (Utility Fund). Staff recommended award to Case Power and Equipment, as second Iow bidder (Iow bid meeting specifications), the total expenditure is $37,625. (2.4) Approved SCADA Remote Control Equipment for Technical Services, Public Utilities, funds are available in Utility Bond Fund. Staff recommended award to Q.E.I., Inc. as only bidder, total expenditure is $56,522. (2.5) Approved recommendation to refund 1992 property taxes to VCS Associates in the amount of $1,671.45. The statutory agenda items were approved by common consent. AGENDA ITEM NO. 3 - CONSENT AGENDA (3.1) Approved minutes for the Executive Session, February 10, 1994 and Regular Meeting, February 10, 1994. (3.2) Bid #94-24 - Approved one (1) Track-Type Tractor Dozer, Brazos Valley Solid Waste Management Agency, funds available as approved by BVSWMA Board, staff recommended award to Mustang Tractor & Equipment Co. as only bidder, total expenditure $233,240. (3.3) Approved oversized participation costs for a water line installed as part of High Ridge Subdivision, expenditure of $48,355.75. (3.4) Approved annual contract for Janitorial Maintenance, Facilities Maintenance Division, funds are available as budgeted in the FY 1993-94 General Fund. Staff recommended renewal of contract with A.B. Enterprises, total expenditures $117,957. (3.5) Approved contract for landfill design services with EMCONIBaker-Shiflett. Contract amount $141,650 funded from the landfill operations budget. City Council Regular Meeting Thursday, February 24, 1994 Page 3 (3.6) Approved construction contract for Fire Station #3 to JHW Construction in the amount of $495,065. (3.7) Approved architect for Wolf Pen Creek Amphitheater Restroom Building. The City Council approved $185,000 for this project. Funds available in the FY 1993-94 Hotel/Motel Fund. (3.8) Approved request to change the name of "Westchester Park" to "Jack Miller Park". The cost incurred for replacement of signs, $2,000. Funding available from current CIP budgets. (3.9) Approved Community Development funded housing assistance projects where: Contracts were let for more than $10,000. (3.10) Approved execution of agreement by the City Manager with Phoebe's home to provide the delivery of social services to Iow-income residents of College Station. (3.11 ) Approved execution of agreement by the City Manager with (53 Properties, LLC), formerly Twin City Properties, Inc., to provide a rehabilitation loan through the City's Rental Rehabilitation Program to subsidize the rehabilitation cost of 5 units on Richards and Crest Streets. The proposed loan from the City is for $18,620. (3.12) Approved a 41.7 acre Preliminary Plat of Pebble Creek Phase 4 located south of Spearman Drive and including a portion of Pebble Creek Parkway. Applicant, Pebblecreek Development Co. (3.13) Approved a Preliminary Plat of Cat Hollow, a residential subdivision. Applicant, Myrad Real Estate. (3.14) Approved a Replat of Tract "A", Tract "B", and Tract "C" Southwood Valley Section 30. (3.15) Approved a Replat of Lot 1 University Industrial Park, Phase II. (3.16) Approved an amending plat of Gateway Park Lot 1, BIk 1, replacing temporary blanket easements with defined permanent easements. (3.17) Approved two resolutions between CSISD and City of College Station, and Brazos County and the City of College Station. City Council Regular Meeting Thursday, February 24, 1994 Page 4 Agenda Item No. 3.5. City Attorney Locke noted that staff is working on several minor changes regarding insurance requirements. She requested council approval of the contract for design services on the landfill. Councilman Schneider made a motion to approve the contract for landfill design services subject to modifications prepared by staff. Councilman Brown seconded the motion which carried unanimously, 6-0, Councilwoman Crouch absent. Agenda Item No. 3.8. Mayor Ringer suggested a modification to the park name change, "Jack and Dorothy Miller Park". Councilman Brown made a motion to approve the change of Westchester Park to Jack and Dorothy Miller Park. Councilman Hickson seconded the motion which carried unanimously, 6-0. Councilwoman Crouch absent. Ms. Dorothy Miller came forward to thank the Council. She and her husband contributed their efforts toward a beautiful and clean community. Agenda Item No. 3.17 Councilwoman Mcllhaney read the proposed resolution between Brazos County and the City of College Station. Councilwoman Mcllhaney made a motion to approve the resolutions between the City of College Station and Brazos County and the City of College Station and CSlSD to cooperate in joint ventures involving such things as purchases of equipment and land, or in contracting for and providing services. Councilman Kennady seconded the motion which carried unanimously, 6-0, Councilwoman Crouch absent. A.qenda Item No. 4 - Public hearing and consideration of a rezonin.q request from C-N and C-3 to C-1 for Tract A, Southwood Valley 30, 8.9 acres on the southeast comer of 2818 and Welsh. Staff Planner Kuenzel came forward to explain this item. She noted that the C-N zone will provide for a use of a Zip-N service station and convenience store. The owner intends to prepare the C-3 tract for sale to commercial owners. City Council Regular Meeting Thursday, February 24, 1994 Page 5 Ms. Kuenzel provided overhead visuals of this area. She further explained that the sale of alcohol is allowed in a C-N and C-3 zoning district. She addressed the potential traffic problem by limiting access points and strict application of the access ordinance. Ms. Kuenzel mentioned that the calls received from the College Station Independent School District related to pedestrian traffic and alcohol sales. Mayor Ringer opened the public hearing. Mr. Jim Woods, owner of the property came forward to address the council in support of the rezoning. At the time he purchased the property, it was deemed to be a high traffic corner used for a convenience store in the future. He stated that the site for the convenience store is located beyond the distance requirements for the alcohol sales from a public school. Mr. Jeff McDowell, spoke in favor of C-1 zoning at this site. He stated that the City of College Station established a comprehensive plan defining major intersections as areas of commercial usage. The site has a form of commercial usage in the designation of the zoning that it presently enjoys. The owner is requesting the rezoning to C-1 as a result of specific development needs that this site lends itself to. In determining the economics of the acquisition and the development of a parcel of land several considerations were made such as city policies, traffic, visibility, needs of the community and an impact on the surrounding land areas. The staff provided a report that supports the development of the site as it relates to the comprehensive plan. The posture of the city is that major intersections historically are the logical sites for commercial locations. Additionally, the developers have cooperated with staff in locating ingress and egress points. Points have been established on FM 2818 in excess of what the present ordinance allows. Mr. McDowell made further comments. Councilman Kennady asked Mr. McDowell to address the citizen's concerns regarding the public health issue of the alcohol sales. Mr. McDowell mentioned that Mr. Broach with Zip-N held meetings with CSISD and offered monitoring procedures for alcohol sales. He said there has been some concerns raised about parking and potential loitering. The alcohol issue can be a problem, but is regulated by the TABC. He said he feels that there are penalties in place that deal with this issue. Councilman Kennady expressed a concern toward the C-1 rezoning and the fact that this zone allows other uses as well, that may not be appropriate for this site. City Council Regular Meeting Thursday, February 24, 1994 Page 6 Councilman Brown said he feels that the real issue is the alcohol sales. He asked Mr. McDowell if this would be a profitable venture without the sale of alcohol. Mr. McDowell replied that the alcohol sales is not the issue, C-N allows alcohol sales. Mr. McDowell mentioned that County Judge Holmgreen found no reason to deny the TABC permit to Zip-N for the sale of off premise beer and wine. The applicant, Kenneth Broach came forward to express comments toward his C-1 rezoning case. He mentioned that the high school students will not be the primary customers. Gasoline sales are a major factor in the location of his convenience store. Mr. Broach added that he is willing to work with the school on their concerns. Staff Planner Kuenzel made additional comments concerning the rezoning, Councilwoman Mcllhaney asked if the C-3 allows for the sale of gasoline. Ms. Kuenzel said they would have to make a special request through the Planning and Zoning Commission. Councilman Kennady asked if there were requirements that I.D.'s would be checked for alcohol sales. Mr. Broach replied that it is their policy to check I.D.'s on anyone who looks under 30 years of age. Councilman Kennady asked why the property was purchased if he knew the property was zoned C-N. Mr. Broach said that the property has not been purchased, he said there was a purchase option on the property. Mr. George McLean, 3942 Robin Trail Drive, Department of Operations for CSISD came forward to speak in opposition to the rezoning. Mr. McLean mentioned that Mr. Curry, Principal at ^&M Consolidated High School and Mr. John Rouse talked to Judge Holmgreen and expressed opposition to the rezoning; however, the permit was granted for alcoholic beverage sales. Mr. McLean expressed to the Council that the school district is working toward a drug free, alcohol free and gun free environment. This change would make this goal difficult to achieve. He said there is an issue of traffic safety at this intersection. The current speed limit on FM 2818 is 50 m.p.h. He urged council to deny this rezoning. City Council Regular Meeting Thursday, February 24, 1994 Page 7 Mr. John Rouse, 3008 Cortez, Asst. Superintendent of Instruction at CSISD stated that the school district was notified by letter to let them know that a request for an alcoholic beverage license was being made at this site. He stated that the state law only requires 300 ft. Efforts were made at the commissioners court to voice concerns about the license, but Judge Holmgreen approved the license. He mentioned that school officials appeared before the Planning and Zoning Commission, and the request was denied. Statements were made by councilmembers about other convenient stores in the proximity of the high school. Mr. Rouse mentioned there were problems associated with these stores. Further discussion was held. Councilman Schneider asked Mr. Broach if he had considered other sites in the area. He replied yes. Mr. McLean remarked that he had concerns with after school hours and traffic congestion. Ms. Eugenia Tang spoke in opposition to the rezoning. Mayor Ringer closed the public hearing Councilwoman Mcllhaney said that the issue here is whether C-1 zoning is right for this tract of land regardless of who builds there. Another concern is the location of the two churches nearby. Councilman Kennady made a motion to deny the rezoning request. Councilman Schneider seconded the motion. Additional comments were made by councilmembers. Councilman Kennady made a motion to table the rezoning. Councilman Hickson seconded the motion which failed by a vote of 3-3. For: Kennady, Brown, Hickson Against: Ringer, Mcllhaney, Schneider City Council Regular Meeting Thursday, February 24, 1994 Page 8 Councilwoman Mcllhaney amended the original motion to deny the rezoning request and waive the 180 days to allow the applicant to submit another rezoning request. Councilman Brown seconded the motion which carried unanimously, 6-0, Councilwoman Crouch absent. A.qenda Item No. ,5 - Approval of renamin.q Fawn Street located in the Foxfire Subdivision in Colle.qe Station. Councilman Brown made a motion to approve Ordinance No. 2049 by changing the name of Fawn Street in Foxfire Subdivision to Fairfax. Councilman Schneider seconded the motion which carried unanimously, 6-0. A.qenda Item No. 6 - Approval of the proposed amendment to the .qovernance policy reQardina asset protection addressin.q purchase of community development proi)ertv. Councilman Hickson made a motion to approve the proposed amendment to the governance policy. Councilman Mcllhaney seconded the motion which carried unanimously, 6-0. A.qenda Item No. 7 - Approval of fundin.q social services fund study proposal drafted by Drs. Jim Glass and Victor Desantis. Councilman Brown made a motion to approve funding for social services funding study proposal and request for participation by Brazos County and the City of Bryan. Councilman Kennady seconded the motion which carried unanimously, 6-0. A.qenda Item No. 8 - Hear Visitors. No one spoke. Agenda Item No. 9 - Adiourn. Mayor Ringer adjourned the meeting at 8:35 p.m. ry'C-onnie'l-~oks ~UEST RE~STER C~TY COUNCIL REGULAR NEET~N~ THURSD&Y~ FEBRUARY 24~ ~994 7:00 P.M. 13. %- ~