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HomeMy WebLinkAbout02/11/1993 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 11v 1993 7~00 P.M. COUNCILMEMBERS PRESENT: Mayor Ringer, Councilmembers Brown, McIlhaney, Crouch, Gardner, Schneider COUNCILMEMBERS ABSENT: Councilman Kennady STAFF PRESENT: Assistant City Manager Woody, City Secretary Hooks, Assistant City Manager Brymer, Executive Director Fiscal/Human Resources Schroeder, Executive Director Management Services Piwonka, Assistant City Attorney Coates, Assistant City Attorney Nemcik, Assistant City Attorney Rayner, Development Services Director Ash, Senior Planner Kee, City Planner Callaway, Assistant City Engineer Morgan VISITORS PRESENT: See guest register Aqenda Item No. 1 - Siqninq of a proclamation desiqnatinq February 21-28m 1993 as "AIDS AWARENESS AND COMMUNITY EDUCATION WEEK" in Colleqe Station. No one was present to accept the proclamation. Agenda Item No. 2 - Siqninq of a proolamation desiqnatinq the month of February, 1993 as "SCHOOL BOARD RECOGNITION MONTH". School Board President Dan MacGilvray, Trustees Dave Skinner, Linda Parrish, and Public Information Officer Peggy Crittendon came forward to accept the proclamation. Aoenda Item No. 3 - Presentation of a 1st plaoe award for Keep America Beautiful and tho introduotion of Magnifioent Myrtle. Ron Schmidt of Brazos Beautiful announced that Brazos Beautiful was honored as No. 1 in the "Keep America Beautiful" campaign for cities the size of 75,000-100,000 throughout the United States. Also, the "100 trees for 100 days" project for Wolf Pen Creek was a success. Diane Craig announced the newest member of the Beautification Committee, Magnificent Myrtle. City Council Regular Meeting February 11, 1993 Page 2 ~ONSSI~ &GBND~ (4.1) Approval of minutes for workshop meeting, January 27, 1993 and Regular Meeting, January 28, 1993. (4.2) Consideration of prohibiting left-turns at the intersection of Dominik Drive and Texas Avenue in order to improve traffic safety and flow. BIDS (4.3) Bid #93-02 - Approval to contract for services for day-to- day work on the City's electrical system, Public Utilities Electrical Division. Funds available as budged in the Utility Fund, staff recommended award to Universal Electric Company, total contract expenditure $250,000. (4.4) Approval of bids for Wolf Pen reek amphitheater fencing. Staff recommended award to low bid from Construction Resource Group. Staff also recommended the inclusion of the single alternate for a concrete mow strip under the fence. Total amount of bid including the alternate, $22,361. PLATS (4.5) Approval of final amending plat for Chimney Hill Villas. Applicant is Galindo Engineers (93-203). Planning and Zoning Commission recommended approval with staff recommendations. ORDINANCES (4.6) Approval of an ordinance amending Chapter 7. Section 2, of the Code of Ordinances, relating to the regulation of noise (Ordinance No. 1996) (4.7) Approval of an ordinance amending Chapter 10, Section 2-D of the College Station Code of Ordinances regarding special hazard intersections controlled by stop signs. (Ordinance No. 1997) CONTRACTS AND AGREEMENTS (4.8) Approval of an amendment to the design contract for Sebesta Road Improvements, ST-1020. (4.9) Approval to amend the CDBG Public Services Funding Policy to increase the number of public service agencies to be funded by the City of College Station, using CDBG funds from five to six agencies. (4.10) Reconsideration of a contract for services from the Brazos County Health Department. (4.11) Consideration of a contract for the purchase of 1.46 acres on the Hwy. 6 south feeder road for use as the Fire Station No. 3 site. Councilman Crouch removed Agenda Item No. 4.2. City Council Regular Meeting February 11, 1993 Page 3 The remaining items were approved by common consent. Agenda Item No. 4.2 - Consideration of prohibiting left turn lanes at the intersection of Dominik Drive and Texas Avenue. Councilman Crouch made a motion to table this item and place this item on the agenda of the March 24th meeting for discussion and consideration on the March 25th agenda; she also directed the business owners group to submit a copy of their engineer's report to the staff by March 17th. The motion was seconded by Councilman McIlhaney. Councilman Schneider made an amended motion to submit the report to staff by March llth for review prior to the council meeting. The amended motion was seconded by Councilman Brown which carried unanimously. The original motion as amended carried unanimously. &qenda Item No. S - Appeal of a conditional use permit qranted by the Planninq & Zoninq Commission for a niqhtclub to be located on the northwest corner of Holleman and Texas. Staff Planner Sabine Kuenzel outlined the findings of the Planning and Zoning Commission to grant the conditional use permit. The site plan and intended use of the property satisfied all criteria. Ms. Kuenzel showed slides to identify the surrounding properties. After the decision of the Planning and Zoning Commission's approval of the permit, the First Methodist Church submitted a letter of appeal on the basis of opposing alcohol consumption. Mayor Ringer asked for public comment on this item. The applicant, Charles Piper, 1800A Woodsman, addressed this item. He stated that he met all state requirements for a liquor license at this location and the city code requirements. He stated that he added conditions to the conditional use permit to satisfy the concerns of the adjacent property owners. Also, the Police Department indicated to him that there would not be noise problems. Pastor Floyd Polk of the Methodist Church, 4111 Woodcrest in Bryan, approached the Council. He opposed the issuance of the conditional use permit for a nightclub establishment across from the church. He expressed his views against the principle of alcohol consumption. Clifton Stewart, 203A Cooner, addressed the Council. He opposed the location of a nightclub near a church on the basis of City Council Regular Meeting February 11, 1993 Page 4 acceptable morals. Rev. G.H. Jones, 1006 Hudson in Bryan spoke in opposition to the proposed nightclub. Anita Franks, 1501 Harvey #418 addressed the Council. As a school teacher and member of the Brazos County Prevention Coalition she expressed her opposition to a nightclub at this location. Mike Vasquez of 1305 Timmm addressed the Council in opposition to the nightclub. He referred to the problems of drinking in the neighborhood associated with bonfire activity. Mr. Piper commented that this location was selected because it is not in a neighborhood unlike other bar establishments in town. He stated his intent to bring a non-conforming building to city code. Councilman Schneider made a motion to overturn the issuance of a conditional use permit approved by the Planning and Zoning Commission for this nightclub at Holleman and Texas Avenue for several reasons. 1. Security problems 2. Traffic problems 3. Parking problems 4. Pedestrian problems 5. Litter problems 6. Image problems 7. Neighbor problems The motion was seconded by Councilman Brown. Councilman Crouch emphasized that the city does not have a legal reason to deny the conditional use permit. She opposed the motion because this individual must be allowed the freedom to open this establishment. Councilman McIlhaney asked the legal staff to elaborate on the conditions of the state law. Asst. City Attorney Cheryl Rayner mentioned the following items. Mr. Piper meets all requirements of the state Alcoholic Code and all reasonable requirements with respect to parking, security, traffic, and litter. Councilman McIlhaney asked if the city has recourse if Mr. Piper does not meet all necessary requirements of the conditions of the conditional use permit. Ms. Rayner replied that the city has the right to revoke the conditional use permit if he does not comply. Councilman Gardner mentioned that he rarely sees any pedestrian traffic in this area. City Council Regular Meeting February 11, 1993 Page 5 Mayor Ringer mentioned that the request is in conformance with the zoning and parking standards. The question of security and litter has been addressed as part of the conditional use permit, and after consultation with the legal counsel, there is not data available to determine there are traffic or parking problems. In his opinion, the council has no legal basis to overturn the granting of the conditional use permit, no matter how the council may personally feel about the land use, or their feelings about the distance between the bar and church. The council is bound to act under the laws of the state and city, unless the council can define legal and valid reasons to deprive the use of this land. Howard Atkinson, 1204 Westover addressed the Council about the purpose of the council's action. Mayor Ringer replied that the zoning ordinance requires a procedure for appeals to be placed before the city council. The motion to deny the conditional use permit failed by a vote of 2-4. FOR: Councilmembers Brown and Schneider AGAINST: Mayor Ringer, Councilmembers McIlhaney, Crouch, McI lhaney and Gardner Councilman Crouch made a motion to uphold the Planning and Zoning Commission's decision to grant the conditional use permit with conditions placed upon it by the Planning and Zoning Commission. The motion was seconded by Councilman McIlhaney which carried 4-2. FOR: Mayor Ringer, Councilmembers Crouch, Gardner, McIlhaney AGAINST: Councilmembers Brown and Schneider Aqenda Item No. 6 - A public hearinq to consider an ord~nn-c- rezoninq 38.14 acres from R-1 Sinqle FAmily Residential to C-~ General Commercial. Property located at the southwest corner o~ the intersection of 2818 and SH 6 Bast B~pass. Senior Planner Jane Kee addressed this item. This request has major implications for the future Land Use Plan adopted last summer for the 2818 study area. In particular, the area bound by the 2818 extension, Texas Avenue and Tributary A of Bee Creek. The request involves 38 acres in the most easterly part of the area. This request also involves land that will include the right of way dedication for the portion of Dartmouth extension that you adopted as part of the plan. The request is to rezone 38.14 acres from R-! Single Family to C-1 General Commercial. The applicant is Doucet & Associates, Inc. representing owners of nine tracts in the area. The land use plan adopted last summer reflects the area for office and medium density residential uses. This request for C-1 on this particular property does not comply with the land use element of the Comprehensive Plan. The original recommendation for this study area included office commercial and high density residential uses in this area. At City Council Regular Meeting February 11, 1993 Page 6 the public hearings, to balance the interest and varying opinion that were voiced during those hearings, the final council action was to preserve the lower density residential character of the larger study area. Commercial development is not inappropriate, but it does not comply with the land use element of the comprehensive plan. It would also not preserve areas in this study area for residential development. This was one of the motivating factors in the study. Ms. Kee pointed out that commercial zoning is a valid concept at this location. She explained the net revenues for the city and school district. Ms. Kee identified factors to interject as conditions if the property is rezoned. These conditions are as follows: a) the property should be platted prior to the zoning becoming effective; and, b) it is important that the rezoning actions are in compliance with all elements of the plan as possible; and, c) acknowledge that we are deviating from the Land Use Plan as adopted and adopt a different concept. Mayor Ringer opened the public hearing. Applicant John Doucet of 1301 Capital of Texas Hwy. South in Austin, spoke to the Council. He mentioned that he has searched for a year to locate suitable property in College Station to build a Walmart Supercenter. This particular site has the qualities to build a store of this capacity. He described the benefits for College Station if this development occurred. He presented slides of the area including Mile Drive and existing commercial establishments. Mr. Doucet read a statement from his real estate broker, CB Commercial which indicated that College Station has an office space vacancy rate of 28 percent. To achieve a stabilized healthy real estate market would require an occupancy rate at 95 percent. 395,000 sq. ft. of additional space would have to be absorbed. Considering the amount of occupied space that has remained for the past several years and the number of jobs required to fill the vacancies, it is very unlikely that any new office space will be required in this market in the next several years. Mr. Doucet emphasized that this intersection in his opinion is the best location for retail development in this area. He concluded that he believed his request is an appropriate use for this area and does not believe there are adverse impacts to adjacent property. He introduced John Clark of Walmart, Brenda Lynch, Keith Storm, and the landowners. He recognized many individuals from Walmart. City Council Regular Meeting February 11, 1993 Page 7 Councilman Gardner asked Mr. Doucet to explain why they felt there is a need for another store of this magnitude. Mr. John Clark of Walmart explained the Supercenter store concept. He continued to state that Bryan and College Station are markets lacking enough grocery store to serve the current volume and growth. He mentioned that the Walmart Corp. will ask for tax abatement from the city. Keith Storm, General Manager of the College Station Walmart store, 3808 Goldfinch addressed the council in support of the new store. He referred to the rapid growth of residential development. Mr. Clint Bertrand, 120 Millers Lane, addressed the Council. First, he preferred R-1 zoning, but accepted the fact that this property will not remain residential for several reasons. First, the property serves as a single use function and the proposed request is appropriate. He noted that he has placed several restrictions in the agreement with Walmart to sell his property. Secondly, the area has adequate buffers. Thirdly, he believed the project is desirable for this area and if this project does not prevail, the land will not develop right away. Another advantage is that the city will benefit from the extension of Dartmouth. Larry Satterwhite, 2707 Normand spoke in favor of the rezoning request. He currently owns a parcel of land along the 2818 extension. Jay Don Watson of 609 Bob White in Bryan, representing the Baptist Church Loan Corporation spoke to the Council. He indicated the Church does not plan to locate at this site and recommended rezoning. Gall Griffin of 108 Mile Drive, approached the Council and spoke in opposition to the rezoning. She recognized the Mile Drive residents present. She expressed concern about their land values declining because the surrounding areas will become commercial. She urged the council to focus on the "quality of life" as an important factor above any economic factors. In summary, the rezoning does not comply with the city's plan. She complimented the Council on their service to the community . Councilman McIlhaney asked the Mile Drive property owners if they would be troubled if the council tabled this issue based on the new proposal to integrate one tract and re-evaluate the existing plan and come back with a recommendation for the entire area. Ms. Griffin replied that the staff and property owners spent an entire year looking for the best use of the area. She did not agree that another study should be done. City Council Regular Meeting February 11, 1993 Page 8 John Walter of 2708 N. Wilderness approached the Council. The quality of life attracted his family to move to College Station. He mentioned that the impact of the Supercenter will adversely affect the residential neighborhood. He urged the council to abide with the original plan. Josie Peacher, 8705 Sandstone, addressed the Council. She spoke on concerns expressed to her by some of the Emerald Forest homeowners. One major concern is the traffic volume and the possibility of other bar establishments in the area. John Jordan, 117 Millers Lane, came forward. He requested the city council to retain the character of the area. A1 Boorman, 113 Mile Drive, addressed the Council about the future of College Station. He expressed concerns about C-1 zoning in the area and the adverse affects to the residents of Mile Drive. Lisa Cantrell, 107 Mile Drive, addressed the Council. She recently purchased their home on Mile Drive. One of the basis for purchasing this house was the Comprehensive Land Use Plan. She urged the council to consider the current plan. Craig Hall, 1702 Amber Ridge spoke to the Council. He expressed concern of deviating from the land use plan in such a short time from its inception. Mr. Hall expressed concern about the traffic volume, the drainage and flooding problems. Patrick Siegert, 8701 Chippendale, of Clark & Wyndham Realty approached the Council to speak in favor of the rezoning request. He stated that he will soon request a rezoning change from A-P to C-1 on the property across the street, approximately 40 acres. Mr. Seigert stated that because of the existing and proposed infrastructure, both locations are appropriate for retail use. John Clark of Walmart, Inc. in Arkansas, real estate manager for Texas came forward. He alluded to Walmart's objectives for locating Supercenters in Bryan and College Station. He pointed out that both stores in Bryan and College Station are above company average. He responded to comments made by the citizens and expressed further comments about the growth materializing in College Station. Gail Griffin addressed the Council. She referred to the outlying communities who work and go to school here. The media recently mentioned there is a need for residential development here and she agreed that there is a greater need for residential than office or commercial. A1 Boorman asked if the deed restrictions have precedent over plats. Asst. City Attorney Nemcik replied that he is correct, unless it is an illegal deed restriction. Mayor Ringer added city Council Regular Meeting February 11, 1993 Page 9 that the city cannot enforce deed restrictions. If this property is rezoned, the staff recommended that the rezoning be contingent upon the property being platted and to administer this plat as a single building site. John Walter came forward. He pointed out it does not seem right for a large corporation to ask a city to make adjustments. Jason Bryan, a resident of Bryan spoke to the Council. He asked the Walmart representatives what type of store would occupy the vacant building. Mr. Clark replied that there are other types of retailers that would not be in competition with Walmart, and some have contacted Walmart for lease of the building. Mr. Bryan agreed with the position of the homeowners. Mayor Ringer closed the public hearing. &qenda Item No. 7 - Consideration of an ordinanoe resoninq 38.L4 aores from R-X Sinqle Family Residential to C-X General Commeroialo Councilman Schneider moved to approve the rezoning request from R-1 Single Family Residential to C-1 General Commercial and follow the staff recommendations as follows. 1. Property should be platted prior to the zoning becoming effective. 2. Acknowledge that the council will deviate from the Land Use Plan as adopted and adopt a different concept. 3. The plat should be consider as integrated property as one building lot. 4. Acknowledge that this rezoning is a revision of a land use element of the comprehensive Plan. Councilman Crouch seconded the motion. Councilman Brown made a motion to table this item and reconsider this item on the March 25th agenda to allow the council to revisit the land use plan. Councilman McIlhaney seconded the motion. The motion carried by a vote of 5-1, Councilman Gardner voting against. Mayor Ringer announced that on the February 24th council agenda, discussion will be held on the Land Use Plan. Councilman McIlhaney asked staff to provide information on the University Drive corridor. Mr. Clark mentioned to the Council that this action of the council will delay their project until next year. city Council Regular Meeting February il, 1993 Page 10 agenda Ite~ ~o. S - Consideration of suspending the new rate schedule proposed by Lone Star Gas and di=ectinq the hirinq of an e~pert to investigate the rate filina. Councilman Brown moved approval of Ordinance No. 1998 to authorize the hiring of a consultant to investigate the rate filing by Lone Star Gas. The motion was seconded by Councilman Crouch which carried unanimously, 4-0, Councilman McIlhaney and Gardner temporarily absent from the meeting. aqenda Xtem No. 9 - Public hearinq on an oil and qas operations permit application for Brvan-Colleqe Station ~X, within the City of Bryan. applicant is BEXCO Operating Co. of College Station, Texas. Asst. City Engineer Morgan explained this permit request. The applicant requested a variance from the $25,000 security instrument required by the ordinance since it will be permitted by the City of Bryan. Staff recommended approval of the well permit with the administration of the well by the City of Bryan as it has no access in the City of College Station. Mayor Ringer opened the public hearing. Ringer closed the public hearing. No one spoke. Mayor aqenda Item No. 10 - Consideration of an oil and qas operations permit application for Bryan-College Station #1. Councilman Schneider moved approval of the permit application for Bryan-College Station #1. The motion was seconded by Councilman Crouch which carried unanimously, 6-0. aaenda Item No. XX - Public hearina for an ordinance .rantin~ a franchise to the Emerald Forest Community Improvement association for the maintenance of an irrigation system for landscaping in the right-of-way. Assistant City Attorney Neal Coates explained that this item is the first reading of an ordinance for a franchise for the Homeowner's Association to maintain the right-of-way area in Emerald Forest. The franchise allows the homeowners to maintain the property. Mayor Ringer opened the public hearing. Mayor Ringer closed the public hearing. No one spoke. City Council Regular Meeting February 11, 1993 Page 11 Agenda Item No. 12 - Consideration of the first reading of the ordinanoe grant{ng a franohise to the ~merald Porest Community vmprovA~ent a~sooiation for the maintenance of an irrigation system for landsoapinq in the riqht-of-wa¥. Councilman Crouch moved approval of the first reading of the ordinance granting a franchise to the Emerald Forest Community Improvement Association. The motion was seconded by Councilman Schneider which carried unanimously, 6-0. Aqenda Item No. 13 - Hear Visitors. No one came forward to address the council. Agenda Item No. 14 - Adjourn. Mayor Ringer adjourned the meeting at 10:20 p.m. City Secretary Connie Hooks APPROVED: May( CITY OF COLLE STATION (409) 764-3500 C'rTY COUNCI'L REGULAR MEETING THUR~D~,¥v FEBRU~Y 1'Iv L99:~ PLF~E REGISTER IF YOU HISH TO ~PE~ ON ~ PARTICUL~ ISSUE ON THE COUNCIL ~GEND&I e Item No. Item No. Se Item No. ® Item No. 10. Item No. 11. Item No. 12. Item No. 13. Item No. 14. GUEST REGISTER CITY OF COLLEGE STATION THURSDAY, FEBRUARY 11, 1993 7:00 P.M. 20. J