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HomeMy WebLinkAboutMinutess Council Regular 11/12/98 ]Page 3 12 2 Presentation and possible action on initiative .petition, consider initiative ordinance, hold public hearing, and consider ordinance calling special election. City Secretary Connie Hooks stated that she received an initiative petition on the issue of opening Munson Avenue. The petition was certified and found to be valid with 1233 registered voter signatures. The following individuals addressed the Council.: Gary Halter, 1204 Ashburn Suzanne Drolesky, 1109 Ashburn Kayla Glover, 1210 Marstellar Roland Allen, 1002 Ashburn Susan Allen, 1002 Ashburn Timothy Hall, 1044 Rose Circle Peter Hugill, 904 Francis Stephen Miller, 906 Munson Joan Perry, 513 Kyle Councilman Anderson made a motion to approve the proposed ordinance calling a special election on January 16, 1999. Motion seconded by Councilman Esmond. Motion failed 2-5. For:. Anderson, Esmond Against: McIlhaney, Hickson, Mariott, Silvia, Hazen Mayor Pro Tem Hickson made a substitute motion to delay action on the initiative ordinance for sixty days and bring back on the agenda for the first meeting in January to call for an election in May. Council comments followed. Substitute motion seconded by Councilman Mariott carried, 6-1, Councilman Anderson voted against. Council recessed at 7:40 p.m. fora short break. Council reconvened at 7:50 p.m. Regular Agenda 121 Public hearing, discussion and possible action on rezoning approximately 28 acres located west of the West. Ride Subdivision from A-O Agricultural Open to R-1 Single Family Residential. 98-113 Senior Planner Sabine McCully presented the staff report describing the rezoning request. To respond to the neighboring single family homeowners to the south, the development has agreed to offer an eight foot screened fence along the southern property line and brick columns at the property corners of the new single family lot. He also intends to adhere to the drainage ordinance.. She noted that statements were submitted by real estate appraisers which indicate that the development should not decrease the adjacent property values. Staff and Planning and Zoning Commission recommended approval. The R-1 zone is in compliance with the land use plan and the master development plan. Council Regular 11/12/98 Page 4 Ms. McCully pointed out that a petition .was received from homeowners. According to the Zoning Ordinance, if a petition is received from more than 20% of the land owners in opposition, the vote of council must be 6 in favor to enact the ordinance. Mayor McIlhaney opened the public hearing. Dennis Maloney, 803 Welsh Benito Flores-Meath, 901 Val Verde Carl Vargo, 2902 Cortez Ct. Dr. Thomas McDonald, 2903 Cortez Ct. Dr. Ken Welch, 2901 Durango Ct. Rita McNlillan, 2902 Cortez Ct. Antonio Cepeda, 2701 Cortez Ct. Sue McDonald, 2903 Cortez Ct. JeffHaberl, 3007 Bolero Ct. Al Scott, 2906.. Oakbrook Ct. Randy French, 4604 Winchester Dr. Joe NNapoli, 401 Heather Lane Dorcus Moore, 1118 Detroit The following individuals addressed the Council. Applicant and developer John Duncum addressed the issues of concern by property owners. Mayor McIlhaney closed the public hearing. Council took a recess, They reconvened after a five minute break. City Attorney Cargill provided information to the council on the legislative action required by council on an A-O zoning case. This rezoning requires only a majority vote rather than a super majority as stated earlier. He further explained the criteria for rezoning property. Councilman Esmond moved to rezone the subject property to R-1B subject to the balance of Steeplechase development being rezoned as R-1B. Seconded by Councilman Anderson. A legal opinion was sought on this motion. Mr. Esmond withdrew the motion. Councilman Esmond moved to deny the rezoning request of R-1 and send back to P&Z with prejudice and ask P&Z to consider an R-1B zoning for this requesto Motion seconded by Councilman Anderson. Mayor Pro Tem Hickson made a substitute motion to rezone a portion of the land adjacent to the courts to R-1B and the remainder of property be zoned R-1. Seconded by Councilman Hazen. Vote taken on the substitute motion failed 3-4. For: Hazen, Silvia, Hickson Against: McIlhaney, Mariott, Esmond, Anderson The original motion made by Councilman. Esmond to deny the rez®ning carried 5-2. For: Esmond, Anderson, Hazen, Hickson, Silvia Against: McIlhaney, Mariott MINUTES Planning and Zoning Commission - CITY OF COLLEGE STATION, TEXAS October 15, 1998 7:00 P.M. COMMISSIONERS PRESENT: Chairman Massey, Commissioners Maloney, Parker, Mooney, and Kaiser. COMMISSIONERS ABSENT:. Commissioners Garner and Rife. .STAFF PRESENT: City Planner Kee, Senior Planner McCully, Assistant Ct~i Engineer Morgan, Transportation Planner. Hard, Assistant Development Coordinator Ruiz, Staff Assistant Charanza, Parks & Recreation Director Beachy, and Assistant City Attorney Robinson. AGENDA ITEM NO. l: Approval of minutes from the Regular Meeting held on October 1, 1998. Commissioner Mooney .moved to approve the minutes from the Regular. Meeting of .October 1, 1998. Commissioner Parker seconded the motion which passed unopposed (5-0). AGENDA TTEM NO. 2: Public hearing and reconsideration of a rezoning of approximately 28 acres located west of the West Ridge Subdivision, from A-0 Agricultural Open to ]LI-1 Single Family. ~8-113),; - Senior Planner McCully presented. the .staff report and stated that the single family portion of the Steeplechase Subdivision was sent back to the Commission by the City Council. Council's direction was to see if anything could be done to alleviate the concerns of the adjoining property owners to the south' Staff felt the major concerns :were drainage issues and decreased property values. It .was explained that the applicant. intended to meet the City's Drainage Ordinance which requires the post- development water run-off rate equal the pre-development rate. The applicant would .meet this requirement by designing detention ponds and drainage..easements into the subdivision., The City's Drainage. Ordinance-requires that these be designed by licensed engineers to assure-compliance. The applicant would address the .property value issue by meeting... or exceeding the minimum sndards set within the R-1 zoning district. The applicant submitted two letters from separate real estate appraisers expressing their belief that as designed, the proposed subdivision would not impact existing.land uses. To further mitigate potential negative impacts, the applicant offered to either build a 6 - 8 foot screening fence or widen the back row of lots from 55' to 65'. Staff recommended approval due to compliance with the approved Master Development Plan with the condition that the 8 foot fence be :installed as offered by the applicant. P&Z Minutes October 1 S, 1998 r Page l of 6 ~. Chairman Massey opened the public hearing... Mr. John Duncum, 16055 Wellborn. Road, developer of the project, .explained that he has experience with the development of detention ponds and he felt certain .the proposed plan would meet the Drainage Ordinance requirements and would not increase .water run-off. He explained that the entire development met the. City's. requirements and no variances would be requested. The developer was willing to assure compliance with all requirements. The main concerns expressed by property owners at the Council meeting were lot size and drainage impact. A petition was submitted to Council requesting that no homes under the $125,000. price range be allowed in the subdivision, to alleviate the decrease in property values: Council explained .that this .was. not something the Council could enforce. Mr. Duncum and Mr. Huff` offered to meet with concerned property owners but the attendance was extremely low. He did meet with Mr. Vargo and Mrs. McDonald {two concerned owners), and discussed the following: no street or sidewalk connection between the two subdivisions; a very wide easement was included in the .plan for a bamer between the two subdivisions; and a drainage ditch in the easement exists to further limit access across the ea ement. The developers offered an eight foot fence along the rear property line of the houses backing up to he drainage easement; or to increase the lot sizes along the drainage easement to 65 feet and to allow the minimum house size to be 1400 sq. ft. Mr. Duncum said that nothing was resolved at this meeting. He explained that he scheda~led another meeting and notified, by mail, all property owners within 200 feet but only one homeowner attended. Dr. T.K. Welsh from 2901 Durango. and Mr. Carl Vargo from 2902 Cortez Court spoke: in .opposition to the request with the following comments and concerns: • Did not feel drainage issues and concerns were properly addressed; • Decreased property values; • Fein this had the potential of becoming rental property which would have a negative impact for the property values; • Wanted to require the minimum house size' of 1600 sq. ft in the deed restrictions for the lots that backup to the existing subdivision; • Quality of life issues.. Chairman Massey closed the public hearing. Commissioner Maloney moved to recommend approval 'of rezoning the property to R-1 with the screening fence. Commissioner Parker seconded the motion which passed unopposed {5-0). The Commissioners discussed the drainage impact and wanted assurance that there would not be an impact to the existing drainage. They felt the,.request followed the step-down zoning philosophy. They agreed that the developers had designed a nice development and they seemed more than willing to work with the residents, staff, the Commission and Council to address all concerns and assure that all requirements are met. AGENDA ITEM N0. 3: Consideration of a Final Plat of 16.49 acres divided into 45 single family tots located along Woodcreek Drive just west of the Fogfire Subdivision.. (98-238)) Assistant City Engineer Morgan presented the .staff report and stated that the final plat matches the preliminary plat that was approved. in August 1998. This .plat would develop the last remaining portion of the Woodcreek Subdivision. The extension of Woodcreek Drive is included as a minor collector P&Z Minutes October 1 S, 1998 -Page 2 of 6 . ®, Mayor City Council Lynn Mcllhaney Steve Esmond Mayor Pro Tempore Ron Silvia David .Hickson Swiki Anderson City Manager Larry Mariott George K. Noe Anne Hazen CITY OF COLLEGE STA710N MINUTES COLLEGE STATION CITY COUNCIL REGULAR MEETING Thursday,. November 12, 1998 at 6:00 p.m. City Hall Council Chambers COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Pro Tem Hickson, Councihnembers Silvia, Hazen, Mariott, Esmond, Anderson STAFF PRESENT: City Manager Noe, Assistant City Manager Brymer, Management Assistant Broussard, City Secretary Hooks, City Attorney Cargill, Jr., OTIS Director Piwonka, City Planner Kee, Development Services Director Callaway, 'Senior Planner McCully Mayor Mcllhaney called the meeting to order at 6:00 p.m. She lead the audience in the pledge of allegiance.. All councilmembers were present. Community Programs Coordinator Peggy Calliham stated that the City of College Station. received the 1st place savvy award in the citizen participation category from 3CMA for the efforts of the city-staff and success of the first Citizen's University. Two graduates from the citizen university were preslrnt, Bill Davis and Shannon Schunicht. Mayor 1VIcIlhaney thanked Peggy and other staffmembers for their hard-work. Athletic Events Supervisor Tony Scazzero displayed awards received from the Amateur National Softball Association. Several members of the District 30 Association were introduced: Mark Hamlin, Terry Hicks, Larry Farnsworth, and Steve Pursley. He appreciated the support of the community. He presented the Mayor and City Council with a plaque expressing his appreciation.. Mayor Mcllhaney and City Manager Noe expressed their appreciation for the efforts of the ballfield crews who spent numerous hours ensuring the fields are maintained throughout. the tournaments. Consent Agenda Approved by common consent, Items 11.1, 11.2, 11.3, I1.4, 11.5 and 11.9. 11.1 Approved minutes for City Council workshop and regular meetings, October 22, 1998 "arid regular meeting, October 8, 1998. 11.2 Approved U.S. Department of Justice, COPS MORE grant award of $22,296 to help establish and employ a Police Department Crime Analyst. Net cost to general fund. contingency account, $19,513. Ongoing cost of approximately $38,000. City Of College Station, Texas Providing Customer Service Excellence Council Regular 11/12/98 Page 2 11.3 Bid Na 98-01 Approved renewal of annual blanket order for pre-stressed spun cast concrete electrical distribution poles. Estimated annual expenditure to Stresscrete, Inc. not to exceed $94, 5'00. Funds available in electric inventory. 11.4 Approved resolution. supporting an arborist training program, committing the City to the local match contribution in the grant application and directing :the Director of Parks and :Recreation to sign an agreement with the Texas Forest Service for 1997. matching grant funds to provide an arborist training workshop to be held in College. Station.. 11.5 Approved the naming of the new 150 acre athletic. park to "Veterans Park and Athletic Complex". 11.9 SS-9805 Approved professional service contract for the Northeast Sewer Trunkline Project to GSW Othon, Inc. in the amount not to exceed $185,950. 11 6 Bid 99 11 Discussion and possible action on the purchase of aMini-Excavator for Water/Wastewater in the amount of $36 795 Recommend award to Conley Lott Nichols as lowest, responsible bidder meeting specifications Funds. available in the Wastewater Fund. Removed by Anderson for discussion. Mr. Riley described the uses for this machine. He noted that the low bid machine did not perform. in a safe manner. Motion made by Mayor Pro Tem Hickson to accept staff recommendation. Seconded by Councilman Mariott which carried 6-1, Councilman Anderson voted against. changing_the hourly fee for parking in the Northgate Promenade Parking Lot. Removed by Anderson for discussion. Assistant City Manager TomBrymer explained the proposed amendment. The Northgate Revitalization Board reviewed the fee .decrease and unanimously recommended it. The Mayor allowed Benito Flores-Meath to speak on this item. Councilman Esmond made a motion to table this item. Seconded by Anderson. Motion failed 3-4 For: Hickson, Esmond, Anderson Against: Hazen, Silvia, Mariott, McIlhaney Councilman Anderson made a motion to not accept the proposed ordinance change and retain the fee at the current price of $1.00.. The motion. was .seconded by Councilman Esmond which carried 4-3. For: Hazen, Hickson, Esmond,.Anderson Against: McIlhaney, Silvia, Mariott 11 8 Discussion and possible action for professional service c®ntracts with Davis & Shank in the amount of $75 000 00 Funds available in the 1998-1999 Community Development and Self Insurance Fund. Removed by Anderson for discussion. Motion made by Mayor Pro Tem Hickson. to accept staff recommendation.. Seconded by Councilman Mariott which carried by a vote of 6-1, Anderson voted against. Mayor McIlhaney proceeded to Item No. 12.2 due to notice publication and time constraint for Item No. 12.1. Council Regular 11/12!98 Page 3 12 2 Presentation and possible action on initiative petition, consider initiative ordinance, hold public hearing, and consider ordinance calling special election. City Secretary Connie Hooks stated thatshe received an initiative petition on the issue of opening Munson Avenue. The petition was certified and found to be valid with 1233 registered voter signatures. The following individuals addressed the Council: Gary Halter, 1204 Ashburn Suzanne Drolesky, 1109 Ashburn Kayla Glover, T210 Marstellar Roland Allen, 1002 Ashburn .Susan Allen, 1002 Ashburn. Timothy Ha11, 1044 Rose Circle Peter Hugill, 904 Francis Stephen Miller, 906 Munson Joan Perry, 513 Kyle Councilman Anderson made a motion to approve the proposed ordinance calling a special election on January 16, 1999. Motion seconded by Councilman Esmond. Motion failed 2-5. For: Anderson, Esmond Against: McIlhaney, Hickson, Mariott, Silvia, Hazen Mayor Pro Tem Hickson made a substitute motion to delay action on the initiative ordinance for sixty days and bring. back on the agenda for the first meeting in January to call for an election in May. Council comments followed. Substitute motion seconded by Councilman Mariott carried, 6-1, Councilman Anderson voted against. Council recessed at 7:40 p.m. for a short break. Council reconvened at 7:SO p.m. Regular Agenda Senior Planner Sabine McCully presented the staff report .describing the rezoning request. To respond to the neighboring single family homeowners to the south, the development has agreed to offer an eight foot screened fence along the southern property line and brick columns at the property corners of the new single family lot. He also intends to adhere to the. drainage ordinance. She noted that statements were submitted by real estate appraisers which indicate that the development should not decrease the adjacent property values. Staff and Planning and Zoning Commission recommended approval The R-1 zone is in compliance with the land use plan and the master development plan. Council Regular 11/1.2/98 Page 4 Ms. McCully pointed out that a petition was received from homeowners. According to the Zoning Ordinance, if a petition is received from more than 20% of the land owners in opposition, the vote of councit must be 6 in favor to enact the ordinance. Mayor McIlhaney opened the public hearing. Dennis Maloney, 803 Welsh Benito Flores-Meath, 901 Val Verde Carr Vargo, 2902 Cortez Ct. Dr. Thomas McDonald, 2903 Cortez Ct. Dr. Ken Welch, .2901 Durango Ct. Rita McMillan, 2902 Cortez Ct. Antonio Cepeda, .2701 Cortez Ct. Sue McDonald, 2903 Cortez Ct. JeffHaberl,-.3007 Bolero Ct. Al Scott, 2906 Oakbrook Ct. Randy French, 4604 Winchester Dr. Joe Napoli, 401 Heather Lane Dorcus Moore, T 118 Detroit The following individuals addressed the Council. Applicant and developer John Duncum addressed the issues of concern by property owners. Mayor McIlhaney closed .the public hearing. Council took a recess.. They reconvened after a five minute break. City Attorney Cargill provided information to the council on the legislative actiom required by council on an A-0 zoning case. This. rezoning requires only a majority vote rather than a super majority as stated earlier. He further explained the criteria for rezoning property. Councilman Esmond moved to rezone the subject property to R-1B subject to the balance of Steeplechase development being rezoned as R-1B. Seconded by Councilman Anderson. A legal opinion was sought on this motion. Mr. Esmond withdrew the motion. `Cotincilnlan Esmond moved to deny the rezonrn~_Te ues ILo}{ ~ a(~ Pc~L.~vrtl re udie,e argil _:` w vk.Yr>NL~'~r+.. ?,b-,. • x : , J ~ ,. ,-,.....u~ ~,.yy,P. w , , T tyre 't~~ae+~oV~~9k~~l~J"~''t~'c~~ ~{~,.n„ ~. ask'PRZ t~ coiistder'ari `R 1 B zonui~ for' t'His request Mghon:secunded~by-Cuuncilr~ian- AY~derson Mayor Pro Tem Hickson made a substitute motion to rezone a portion of the land adjacent to the courts to R-1B and the remainder. of property be zoned R-1. Seconded by Councilman Hazen. Vote taken on the substitute motion failed 3-4. For: Hazen, Silvia, Hickson Against: McIlhaney, Mariott, Esmond, Anderson The original motion made by Councilman Esmond to denythe rezoning carried 5-2. For: Esmond, Anderson, Hazen, Hickson, Silvia Against: McIlhaney, Mariott Council Regular 11/12/98 12 3 Discussion and possible action on the 1998 Gainsharins Distribution. Page 5 City Manager Noe explained this item. The net gainsharing amount per employee is $767.00 before taxes. Councilman Mariott made a motion to accept staff recommendation. Motion seconded by Councilman Silvia which carried unanimously, 7-0. 12 4 Discussion and possible action approving a Real.Estate Sales Contract between the City of College Station and Mr. Abbas Hassan for the purchase of Lots 21 and 22, Blocks b-7, Boyett Addition, College Station, Texas in the total amount of $155,000 for the Northgate Parking Garage Proi ect• City Manager Noe briefly described this item. Staffrecommended approval. The Mayor allowed Benito Flores-Meath to address council on this issue. He did not support the parking garage project. Councilman Mariott made a motion o accept staff recommendation. Mayor Pro Tem Hickson seconded the motion which carried 6-1 Councilman Anderson voted against. 12 5 Discussion and possible action of an amendment to an Economic Development Agreement ~ a new lease between the City of College Station, Freewing Aerial`Robotics Corporation, and the Bryan-College Station Economic Development Corporation: City Manager Noe briefly described this item. Staff recommended approval. Council directed the EDC Board members to look at the EDC policies. Mayor Pro Tem Hickson. made a motion to accept the amendment to the economic development agreement. Motion seconded by Marion which carried 5-1-1. For: McIlhaney, Esmond, Mariott, Hickson, Silvia Against: Hazen Abstain: Anderson 12.6 Discussion and possible action on an Amendment to a Real Estate Contract between the City of College. Station. and William J. Madden, Jr. City Manager Noe briefly described this item. Mayor Pro Tem Hickson made a motion to approve the contract. Motion seconded by Councilman Silvia which. carried 5-2. For: McIlhaney, Hickson, Mariott, Hazen, Silvia Against: Esmond, Anderson 12.7 Discussion and possible action on expenditure of $57,000 in Facade Improvement Program funding to Mr. William Madden, Jr. d.b.a. Texadelphia Sandwich and Sports for eligible facade .renovations to 317-319. Patricia. Street. City Manager Noe briefly explained this item. Staff recommended approval. Council Regular 11/12/98 Page 6 Benito Flores-Meath urged council to be cautious about the uses of matching funds. Councilman Mariott made a motion to approve the expenditure as recommended by staff. Motion seconded by Mayor Pro Tem Hickson. Vote taken on the motion carved 5-2. For: McIlhaney, Hickson, Mariott, Silvia, Hazen Against: Anderson, Esmond 12 8 Discussion and possible action on a Lease Agreement between the City of College Station and Deluxe Burger Bar of College Station, Inca City Manager Noe described this item. Staff recommended approval. Councilman Silvia moved to accept the staff recommendation. Motion seconded by Councilman Marott which carved 6-1, Anderson voted against. Agenda Item No. 13 -- Hear Visitors No one spoke. Agenda Item No. 14 -- Final action on Executive Session, if necessary. No action was taken from executive session. Agenda Item No. 15 -- Adjourn Mayor McIlhaney. adjourned the meeting at 10:35 p.m. PASSED AND APPROVED this 10th day of December, 1998. TEST: .~ City Secretary Co~ni~ Hooks. APPROVED: ,, ~r May r Lynn McIlhaney