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09/11/2000 - Regular Minutes - Wolf Pen Creek Oversight Committee
WOLF PEN CREEK OVERSIGHT COMM ITIEE REGULAR MEETING NOON, SEPTEMBER 111 2000 COLLEGE STATION C HALL COUNCIL CHAMBERS Members Present: James Massey, Dennis Maloney—City Council; Kay Henryson, Design Review Board; Kari Mooney, Judith Warren, Alternate— Planning &Zoning; Sharon Colson - WPC TIF 1 .ard, Glenn Schrt er, George Dresser, Alternate—Parks&Recreation Board Members Absent: Philili Kell., Alternate — Design Review *art Marsha Sanford, Alternate — WPC TIF Board Staff Present: Glenn Brown —City Manager's • ice; Eric Pi ser, Pete Vanecek, David Wood - Parks & Recreation; Mark Smith, Bob Mosley - Public Works; Jim Callaway, Jane Kee Development Services; Charles Cryan Fiscal Services; Kim Fou tz — Economic Development; pamela Springfield, Committee Secretary Visitors: Mike McClure, Kent Laza, Rick Robertson - McClure Engineering; Paul Clarke — Clarke & Wyndham, Ic; Chuck Ellison,Attorney at Law Re.&der Meeting 1. Call To Order: James Massey called the meeting to order at 12:06 p , 2. Approval of Minutes: Karl Mooney mace a motion to approve the minutes from the August 7, 2000 meeting, as written. Glenn Schroe er seconded the motion. All were in favor an.i the minutes were unanimously approved. 3. Approval of Member Requests for Absences: James stated that Phillli I Kellby and Marsha Sanford had ith turned in absence request forrr and would not be present at the meeting. Sharon Colson made a motion to approve their requests. Judith Warren s ended. All were in favor and the motion passed unanimously. 4. Discussion Conside ation and Possibi- Action Re ardin the Wolf Pen _creek Oversi ht Sulc.mmBttee Meeting Held on August 29, 2000: James stated that he felt that progress had 9 -n made at the meeting, adding that everyone should have received the minutes and staffs memo dated August 28, 2001, pro sing ways to move forward with the development of the Wolf Pen Creek corridor. Mark Smith stated that item":"of the memo was one of the issues that was slowing down progress. This was due to the controversy and ambiguity regarding the 119 tion of the d citation 99 undary. Rather than define the reservation area based on the ti 999 way or .1199 plain boundary, as the current ordina - says, stiff was proposing to go ahead and design trails sed on the natural features that are there. After the trail design is done, the dedication requirement will be redefined t. sed on the proposed design rather than the Ns way plus twenty feet. This will leave more buildable area and preserve the vegetation, which is much sparser in this area. It would still be possible to build in the flooplain but not in the floodway. James stated that an ordinance change would nrcssary to implement this. Paul Clarke state.1 this change has been receiv favorably by everyone he's spoken with. Mark stated that laying back the slopes was a US Army Corps of Engineers (the Corp) requirement bas on the channel improvements. Those improvements are needed in the upper half in order to cure some of the problems and to improve drainage. From Dartmouth to Earl Rudder Freeway, the channel improvements aren't ncssary 9 use the fie lines are not dictated by the width of the channel. Glenn Schroeder expressed concern that the upper portion of the channel would 9-some a siltation pond if the lower portion is left as is. Mark said that by laying back the slopes, the channel would achieve a certain stability. If it is WPC Oversight Committee N October,00 Minutes Page 2 left too wide, it will silt up. The lower end has naturally achieved the width that it is currently. Downstream of Earl Rudder Freeway the impact shouldn't change. The impact on the stable portion of the channel due to the laying back of the slopes in the upper section, as well as maintenance and safety issues related to the sidewalks and trails after flt•.. events are some of the possible problems that will have to be taken into consideration during the design phase. Mark stated that one of the goals that staff is hoping to achieve by this, is a more flexible boundary. This would allow more opportunities for the developer to interact with, and get better use of, the facilities that will be there. Ja -xs stated that in order for all this to happen, the committee would ne-• to recommend changing the ordinance. Kay stated that the ordinance would need to clarify the interaction that the development would have with the creek® Paul Clarke suggested the • ssibility of having an either-or situation and doing it throughout the entire corridor since he felt these i•eas would help facilitate the northern reach of the corridor as well. He suggested keeping the current ordinance in place but offering the option to dedicate based upon a design that the City has approved. Paul said he was talking a• ut trails not capital improvements. James said rather than having to go and acquire the large amounts of property needed (beyond what the City owns), the property could be dedicated in those areas in order for the trails to connect® Mark said if ..rt of the objective is to move prof- along, he would rather do a full design based on the features that are there and then take that pro.•sal to the property owner rather than en'aging in a parcel- by-parcel design process® Interaction wig the property owner would consist of taking the master design, carving out the section that fits that pre r ty owner, and then sitting down with them and telling them what the city is proposing and the amount of dedication required. The dedication need not be ownership ® it could be a trail and drainage easement which the City would be responsible for maintaining. Sharon made a motion to endorse the principals discussed and presented by staff for the entire reach of the corridor. Karl s- ended® Mark Smith stated that they were not proposing a change in the design on the upper portion of the corridor, but rather a change in the methodology for going about the dedications. The specific proposed improvements would define the dedication boundary rather than the floodway plus twenty feet. He said there is still a lot of land to acquire on both ends and it may be easier to have the same methodology for the entire project rather than an old ordinance on the north end and a new one to the south® He felt that if there was one thing that should be consistent throughout, it should be a specific design proposal that defines the boundary, which could be applied at either end. The type of design may vary, but it's the design that dictates the dedication. He said he'd like to see the fl.•sway/fl••'plain language taken out of the ordinance so that the requirements for WPC are the same as anywhere else in the City. If the dedication is defined as easement, it may facilitate better interaction between private development and the facility® James restated the motion for clarification. The committee r-R •mmended the use of easements rather than dedication, developing a specific design for the entire length of the district that would show how the trail would interact with development throughout the district, and the plan would •.�= developed in conjunction with the private or. All were in favor. There was no opposition and the motion passed unanimously. James asked Jane about the ordinance change© She stated that once the ordinance is prepared it will be a two-month process. She wanted to be sure that if a change was made before the design change was completed, that there was language covering the City in the interim in the event that someone came in to develop prior to the design being ready. Mike McClure told the committee that in order for his group to gather the data to do the design and define the easements, he needed time to clear the underbrush out. He said he also needed approval to be on the necessary properties in order to define which trees needed to be saved. There is at least two months of data collection that will need to be done. James stated that the subcommittee had agreed that the work on the trails would be done concurrently with the charette process. He asked Kay Henryson if she'd had any success finding another facilitator for the charette. She said that she'd i•--n working with Tom Kittrick at the University who was trying to identify the staff that would be able to do that. She didn't have an answer yet. She said at the moment they are still looking at the same dates for the charette. She said the handout she'd given everyone was about a trail system in Canada that was very nice. WPC Oversight Committee • ober,00 Minutes Page 3 James said the subcommittee had also discussed the status of the two TIF Districts #1 and #7® Kim gave an update on the status of the two TIF districts. TIF #1 is on track. There are three criteria that must be met in order to preserve a TIF®construction of improvements, issuance of bonds or acquisition ofro p p'rty Master planning and design do not qualify® You have to satisfy only one of the options within a three-year timeframe. To-date, none of those three options have been satisfied. The three years will end on December 11, 2000, and it would not be possible to make that deadline. This means the school district or the county could withdraw their participation if they choose. Charles Cryan stated that the school district was precluded from making the choice of whether to participate in the TIF as of September 1999. They will auto .tically be out. Kim stated that the City has control over four acres in TIF #7 and there could be a real opportunity spur p� ty to p some development in that area. She said that the process, which had been discussed, was to work with a subcommittee of the Oversight Committee to define what everyone wanted to see as an outcome for development on that tract® This would then be turned into a request for pro.'sal (RFP) process, whereby proposals would be solicited from developers® It could involve just the four acres or it could include other adjacent lands either in the TIF or outside of the TIF area The four acres could be used as a base for a proposal, with additional properties as an alternate type of proposal® This will have to be discussed at a future date since staff is still defining how to go about this pr ss. Kay asked about the acquisition of property requirement® Kim stated that theoretically, if it served a p m y� City purpose to acquire property, it woul.� satisfy the requirements n-•-ssary for the continuity of the TIF® That's the only mechanism by which you could satisfy that .articular option. Issuing • to support a project or starting construction is not physically possible at this stint. Kim wanted to clarify that there is no outgoing money or loss in this TIF right new ' - use TIF's are based on additional increment or additional value that is created by the development. There is no additional value being generated from there, so the taxes that are being paid continue to be paid on t is property =--pause that is the base line that is not subject to the TIF. Paul Clarke said he was trying to find a way to preserve the TIF. He asked if the TIF board were to agree to do it and the City agreed to acquire ten feet of the WPC, Ltd® tract, would it preserve the value of the TIF. Kim said that her interpretation is that the only way to save it o the school aspect® is to buy land. She said she hadn't seen anything specific as to how much would have to be acquired in order to satisfy that option, so you would have to look at Mr. Clarke's suggestion regarding that or issue bonds. If bonds were issued, you would have to be very specific about what you wanted to accomplish with the ••nds Paul Clarke stated that he felt sure that Mr. McGill would agree to such an arrangement r use it would preserve a lot of options for him to do things in the future, however, it would have to close before Member 11, 2000. Kim stated that the project plan, which currently describes the hotel/conference center, would have to go through an amendment pros-:s to reflect any changes. Charles stated that the plan actually calls for the City to purchase property as part of the construction. Kay said she could see a reason for the qty to have a node in that area since sidewalks and amenities for that corner were important. Dennis Maloney stated that he could support acquiring the ten feet on Hollerpan to put a sidewalk rather than going ten feet in and just buying that property. He asked if it had to be a purchase or if the property could be dedicated. Kim said the requirement says "acquire" it doesn't say whether there is a monetary restriction. James asked if getting an easement to that property would qualify. Kim said she didn't think it would but added that these were specific legal questions which staff could look into. James said that the committee needed to make sure that if it did go forth with a plan, that there be a •nafide reason, such as acquisition of an area to build a sidewalk on the south side. He wanted to make sure that the committee was not just doing this to be doing it. Kay felt that the acquisition of land in that area was important in order to protect the trees and the ambience of the drive down Holleman. Kim stated that it was the county's option of whether they continue to partici• to in the TIF. If a long-term plan could be developed for at least the four acres and an RFP could be sent out, then the City could still utilize the TIF and show the County that this is a good project. It would create some momentum in the area as far as development, even if the City chose not to try to resolve the school's portion of the TIF. George asked what the RFP would do for the TIF between now and ` -_:-mber 11. Kim said nothing at this point® it is a separate deal. WPC Oversight Committee 9 ober,00 Minutes Page 4 George stated that if there were actually assets on the ground that the City needed to make the project for the whole corridor su -ssful, and if it is possible to acquire that between now and D- mber 11, then that would do two things. The most important being to protect land that's wanted in that corridor® If it also protects the TIF for a period of time, then that's a bonus. Discussion continued regarding being able to continue the sidewalks/trail system and acquiring a part of the land at the southwest corner of the intersection at Dartmouth and Holleman in order to protect the continuity of the growth and development of WPC. Charles stated again that this would have to be within the project plan. Kim stated that she would like to seek some legal advice as to whether that would satisfy that TIF requirement James stated that it would just be a recommendation to the Council and they would decide whether to do it or not® Charles added that the funding was not in place for it. James stated that it could be argued that the trail would enhance the development of the TIF, integrating it within the whole thing. The committee agreed that the recommendation would be that the TIF plan be amended to reflect this. A motion was made by Judy Warren to make a recommendation to staff to preserve the TIF, as well as the continuity of the whole district, using this piece of property, with the intent of providing a continuity and link between the upper and lower parts of the district The members recommended that the Council approve a plan that would enable the City to acquire the property to maintain the TIF and to link the upper and lower parts of the district through a trail system that w•uicl enhance and service the twelve acres. Kay s- ended the motion. All were in favor and the motion ..ssed unanimously. 5. Discussion, Consideration, and Possible Action Regarding the Ri arian Restoration Project WP0001: Mark Smith stated that this covered the section from the Dartmouth/Holleman intersection to the amphitheater area. The City had completed the channel work and they are waiting for fail to do the landscaping. Also, the levee - "ion of the lake area will be faii- with keystone block. When the construction of the trails goes out to bid that levee wall will 9- included along with the landscaping. 6. Discussion, Consideration, and Possible Action regarding Future Directions for the Wolf Pen Creek Corridor: James stated that he had included this item in case there were any items regarding the direction of the corridor that members might want to discuss 7. Adjourn: James stated that the next regular meeting would be held on Monday, October 2, 2OOO The meeting adjourned at 1:29 p.m.