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Home My WebLink About01/10/2002 - Regular Minutes City Council ‘ti Mayor City Council Lynn Mcllhaney James Massey Mayor Pro Tempore Ron Silvia 'tow Larry Mariott Winnie Garner COLLEGE STATION City Manager Dennis Maloney Thomas E. Brymer Anne Hazen College Station, Embracing the Past, Exploring the Future MINUTES College Station City Council Workshop Meeting and Regular Meeting Thursday, January 10, 2002 at 3:00 and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Pro Tem Mariott, Councilmembers Silvia, Hazen, Massey, Garner, Maloney STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, Assistant City Attorney Robinson, City Secretary Hooks, Budget and Strategic Planning Manager Kersten, Director of Fiscal Services Cryan, Director of Parks and Recreation Beachy, City Planner Kee, Fire Chief Giordano, Senior Planner Kuenzel, Development Review Planner Jimmerson Mayor McIlhaney called the workshop meeting to order at 3:09 p.m. with all councilmembers present. Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular Council Meeting. No items were removed for discussion. Workshop Agenda Item No. 2 -- Presentation, discussion and possible action on recommendations to create an ad hoc committee to develop final Articles of Incorporation and By -Laws for a standalone Convention and Visitors Bureau for Brazos Valley. Fiscal Services Director Charles Cryan presented this item as a follow up to Vision Statement #7, Strategy 4 in terms of creating an ad hoc committee. Mr. Cryan explained that the committee would be responsible for developing Articles of Incorporation and Bylaws for a standalone Convention and Visitors Bureau in the Brazos Valley. Staff's recommendation is to appoint a five- member board with three members from College Station. Councilmembers discussed their support of the strategic plan. Council Meeting 1/10/02 Page 2 Mayor Pro Tem Mariott made a motion to appoint Councilmembers Garner, Massey and Maloney to the committee, and Hazen as an alternate for the development of the final Articles of Incorporation and By -laws for a standalone Convention and Visitors Bureau and to work with stakeholders of the advisory committee. Motion seconded by Councilmember Silvia, which carried unanimously, 7 -0. FOR: Mcllhaney, Mariott, Maloney, Silvia, Massey, Garner, Hazen AGAINST: None Workshop Agenda Item No. 3 -- Presentation, discussion and possible action regarding an amendment to Section 10, Chapter 9 Subdivision Regulations of the City College Station Code of Ordinances amending certain sections regarding parkland dedication requirements. Director of Parks and Recreation Steve Beachy and City Planner Jane Kee presented this item. The parkland dedication ordinance is part of the city's subdivision regulations which was revised in 1999. The ordinance requires a review every three years. This review is part of Council Strategy No. 4, Vision Statement No. 4, Intergenerational and facilities and comprehensive parks planning programs. Ms. Kee discussed staffs review of land and development costs, intergenerational parks, and acceptance and development criteria based on the 2000 census information. Staff proposed the following fee and language changes in the ordinance: Proposed Fee Changes: • Increase in multi - family land dedication due to Census figures • Increase in fee in lieu of land due to increase in land costs • Increase in development fee due to intergenerational emphasis Proposed Language Changes: • Reflect process changes • Dedication where no plat is required • Detention facilities • Greenways reference Ms. Kee described the land dedication methodology. Council held discussion on mechanisms within the proposed ordinance that would focus on flexibility in terms of multi- family development sites. They discussed using the parkland dedication as an incentive tool. Staff remarked that the City could use zoning and utilities to encourage development in desired locations. Ms. Kee noted that the ordinance was drafted with an effective date of six months following its 1 adoption to allow any development that is currently in the planning stages to continue under the current fee schedule. Providing Customer Service Excellence Office of the City Secretary College Station, Texas Council Meeting 1/10/02 Page 3 Council directed staff to place this item on the January 24, 2002 Council agenda. Direction was also given to staff to update the Parks and Recreation Board. Workshop Agenda Item No. 4 -- Presentation, discussion and possible action regarding a status report on the Unified Development Code (UDO) from City Staff. Assistant City Manager Glenn Brown and Staff Planner Sabine Kuenzel reported on the process toward completion of the Unified Development Ordinance document and revised timeline. Ms. Kuenzel presented a schedule of events since October 2001 with the Development Community, Neighborhood Groups and other interested parties. No action was taken. Workshop Agenda Item No. 5 -- Council Calendars Council Workshop and Regular Meetings, 1/24, 2/14, 2/28 Breakfast with the Mayor, Jr. High and High School Students, 1/31, 7:30 a.m. Conference Center Workshop Agenda Item No. 6 -- Hear Visitors Council did not receive any public comment. Workshop Agenda Item No. 7 — Executive Session �Ilrr° At 4:25 p.m. Mayor Mcllhaney announced that the City council would convene into executive session pursuant to Sections 551.071, 551.086 and 551.087 of the Open Meetings Act to seek the advice of our city attorney with respect to pending and contemplated litigation, economic development negotiations and Competitive Matter. Consultation with Attorney {Gov't Code Section 551.0711; possible action Cause No. 43,098 -85, Brazos County - Bryan v. College Station Cause No. 96- 03168, Travis County — Bryan, et al. v. PUC (intervention) Cause No. 97- 02587, Travis County — Bryan, et al. v. PUC (intervention) Cause No. 98- 13391, Travis County — Bryan, et al. v. PUC (intervention) Cause No. 96- 06940, Travis County — Bryan, et al. v. PUC (intervention) Cause No. 97- 07000, Travis County — TMPA v. PUC (intervention) Cause No. 98- 11817, Travis County — TMPA v. PUC (intervention) Cause No. GN002343, Travis County — San Antonio v. PUC (intervention) Cause No. GN002513, Travis County — San Antonio v. PUC (intervention) Cause No. 49,367 -CCL2, Brazos County — Wilkerson v. College Station Action No. 01 -98- 011056 -CV, Court of Appeals Gold v. College Station Docket Nos. TX96 -2 -000 and TX96 -2 -001, FERC — College Station, applicant Cause No. 50,813 -85, Brazos County — College Station v. Phillips Swager Associates, Inc.; et al. Cause No. 51,822 -CC1, Brazos County - Felder v. College Station Cause No. 52,434 -361, Brazos County — College Station v. Wolf Pen Creek, Ltd., et al. �rr Providing Customer Service Excellence Office of the City Secretary College Station, Texas Council Meeting 1/10/02 Page 4 Cause No. 28,765, Grimes County, Harold & Rosealice Trant vs Grimes County, City of College cif Station and City of Bryan Competitive Matter {Gov't Code Section 551.086 }; possible action The City Council may deliberate, vote, or take final action on a competitive matter in closed session. The City Council must make a good faith determination, by majority vote of the City Council, that the matter is a Competitive Matter. A "Competitive Matter" is a utility- related matter that the City Council determines is related to the City of College Station's Electric Utility Competitive Activity, including commercial information, which if disclosed would give advantage to competitors or prospective competitors. The following is a general representation of the subject(s) to be considered as a competitive matter. 1. Electric Power Supply Issues Economic Incentive Negotiations {Gov't Code Section 551.087 } ; possible action The City Council may deliberate on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city with which the City Council in conducting economic development negotiations may deliberate on an offer of financial or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: 1. Hotel /Conference Center Workshop Agenda Item No. 8 -- Final action on Executive Session, if necessary. Council returned to the regular meeting from executive session at 7:03 p.m. No action was taken. Regular Meeting Item No. 9: Mayor Mcllhaney opened the regular meeting at 7:03 p.m. She led the audience in the pledge of allegiance. Deacon Jimmie Baker from Washington Baptist Church provided the invocation. Fiscal Services Director Charles Cryan and Assistant Fiscal Services Director Kathy Hubbard received recognition for excellence in financial reporting for FY 2001. The Historic Home Plaque presentations were delayed until the January 24, 2002 meeting. Consent Agenda 10.1 Approved by common consent the minutes for City Council Special meeting, November 26, 2001, workshop and regular meetings, December 6, 2001 and December 20, 2001. Saw Providing Customer Service Excellence Office of the City Secretary College Station, Texas Council Meeting 1/10/02 Page 5 10.2 Approved by common consent a Professional Services Contract with CSC Engineering and Environmental, Inc. in the amount of $73,962.50. This contract is for the final cover design on a portion of Pre - Subtitle D fill area at the Rock Prairie Road Landfill. Funds available and budgeted in the BVSWMA Landfill Operating Fund. 10.3 Approved by common consent a change order to increase P.O. #01 -0502 by 25 %, or $12,468.75, to allow for the purchase of bedding rock for the Rock Prairie Road Landfill. Total contract amount $62,343.75. Funds available and budgeted in the BVSWMA Operations Budget. 10.4 Approved by common consent Resolution No. 1 -10- 2002 -10.4 for condemnation affecting real property needed for the installation and maintenance of a water pipeline and authorizing the Mayor to execute the document. The resolution will authorize the City Attorney to institute proceedings in eminent domain. Parallel Transmission Pipeline Project, Phase II (WT- 0005). Funds available and budgeted in the Water Revenue Bond Fund. 10.5 Approved by common consent authorization for Mayor to sign an agreement with Wickson Special Utility District designating areas and customers to receive retail water utility service. 10.6 Discussion and possible action on an ordinance amending the Subdivision Regulations in Chapter 9 of the College Station Code of Ordinances, to reinstate Section 18 which limits replatting in subdivisions platted prior to July 15, 1970. This item was removed from the Star consent agenda by staff to be placed on a future agenda. Regular Agenda Item No. 11.1 -- Public hearing, discussion and possible action on an ordinance rezoning 2.073 acre -tract abutting the Edelweiss Business Center Lot 1 Block 1 to the north (located on the east side of Wellborn Road, north of Mortier and south of Rock Prairie), from C -3 Planned Commercial to C -2 Commercial - Industrial. Development Review Planner Jessica Jimmerson presented the rezoning application. The subject property is part of the Edelweiss Estates Master Development Plan. Ms. Jimmerson stated that the applicant is requesting the rezoning in order to prepare the property for future development. The proposed business is Moore Supply Company, a wholesale plumbing supply business. She explained that the Edelweiss Master Plan requires buffer areas between the single family and the industrial /commercial uses. Buffering was to be used to mitigate any negative impacts of the commercial developments on the homes. Under the new buffer ordinance, a new commercial development will be required to install plantings and a six -to eight -foot masonry, concrete, or EFIS wall along the common boundary line when it is platted. The outdoor storage area would be reviewed with the site plan and the city's current ordinance requires full screening of the area. Staff recommended approval of the rezoning based on the compliance with the Edelweiss Estates Master Plan and the Land Use Plan, access to Wellborn, and new buffering requirements. The Planning and Zoning Commission recommended approval. Sow Providing Customer Service Excellence Office of the City Secretary College Station, Texas Council Meeting 1/10/02 Page 6 Mark Hanley, 10015 Pine Springs Drive, Conroe, Texas, described the proposed business. He serves as President of Moore Supply Company. He stated that they are willing to comply with all buffering requirements conditioned upon this property. Mayor Mcllhaney opened the public hearing. The following citizens spoke in opposition of the rezoning. Mike Luther, 614 Welsh Randall Allison, 1212 Berkeley Jodi Warner, 3521 Graz John Strateman, 3734 Marielene James Giles, 211 Bernburg Court Chris White, 230 Stuggart Mike Crines, 3616 Graz Tracy Strateman, 3734 Marielene Circle Dan Daniel, 228 Stuggart Mike Meschler, 203 Bemburg Court Mr. Steve Arden, 311 Cecilia Loop spoke in favor of the rezoning. Steve Glaser, General Manager of Moore Supply Company in Bryan provided input about the proposed unified development code and that this zone will be changed in the future to address the concerns of prescribed uses in the current zones. He asked the council to consider their request fairly. Mayor Mcllhaney closed the public hearing. Councilmember Hazen made a motion to deny the rezoning request from C -3 Planned Commercial to C -2 Commercial- Industrial for the 2.073 acre -tract abutting the Edelweiss Business Center Lot 1 Block 1 to the north. Motion seconded by Councilmember Maloney, which carried by a vote of 5 -2. FOR THE MOTION: Mcllhaney, Hazen, Maloney, Silvia, Massey AGAINST THE MOTION: Mariott, Garner Council recessed the regular meeting at 8:48 p.m. The meeting reconvened at 8:55 p.m. Regular Agenda Item No. 11.2 -- Public hearing, discussion and possible action regarding on Oil Well Drilling Permit as per City Ordinance No. 1916. The well location is 2800 Rock Prairie Road. Development Review Planner Jessica Jimmerson presented this item. Staff recommended approval of the permit with the increase in the security bond and recommendations from the Consultant's Assessment. The applicant has proposed to re -enter the existing well hole and drill Providing Customer Service Excellence Office of the City Secretary College Station, Texas Council Meeting 1/10/02 Page 7 horizontally in two directions. The applicant estimated the drilling phase of the project to lasts thew 2 -3 weeks. This property was annexed into the City in 1983 and the existing well - preceded Ordinance No. 1916. This well is considered a high impact well and as specified in the Ordinance, an Impact Assessment was completed for this well site. The assessment was performed by CSC Engineering & Environmental Consultants, Inc. The ordinance requires notification to all property owners within 1,000 -foot radius. This notification included 32 property owners. The PRC reviewed the permit application and expressed concerns about the impact to the neighborhood and potential emergency situations. The PRC unanimously approved the permit with staff conditions. Mayor McIlhaney opened the public hearing. Mark Grawl, 7212 Raintree Way, Denton, Texas, of Crimson Energy Company, described the oil well drilling process. Edward Uvacek, 8601 Creekview Court, spoke in favor of the oil well permit. The following citizens spoke in opposition of the oil well permit. Mr. Kennedy, 1413 Wilshire Court David Tubbs, 1231 Flying Ace Circle, W.R. Tubbs Construction Company Mayor McIlhaney closed the public hearing. Councilmember Maloney moved to approve the oil well drilling permit with staff recommendations along with no permitted truck activity in the evening hours unless in an emergency situation. Motion seconded by Councilmember Silvia, which carried by a vote of 5 -2. FOR THE MOTION: McIlhaney, Mariott, Maloney, Silvia, and Garner AGAINST THE MOTION: Massey Hazen Regular Agenda Item No. 11.3 -- Public hearing, discussion and possible action on a Northgate District ordinance. Senior Planner Jane Kee briefly described the amendment to the Northgate District Ordinance. The ordinance draft accomplished the following: • Authorizes the Project Review Committee to review and approve Northgate projects in the place of the current Northgate Revitalization Board Review Subcommittee. The Project Review Committee will function in this capacity temporarily until the complete Northgate ordinance amendment can be brought to Council later this year; and, • Removes the buffering requirements in the Northgate District. Staff and the Planning and Zoning Commission recommended approval. Mayor McIlhaney opened the public hearing. No one spoke. Mayor McIlhaney closed the r public hearing. Providing Customer Service Excellence Office of the City Secretary College Station, Texas Council Meeting 1/10/02 Page 8 Councilmember Silvia moved to approve Ordinance No. 2541 approving the amendment to the Northgate District Ordinance as presented by staff. Motion seconded by Councilmember Massey, which carried unanimously, 7 -0. FOR THE MOTION: Mcllhaney, Mariott, Maloney, Silvia, Massey, Garner and Hazen AGAINST THE MOTION: None Regular Agenda Item No. 11.4 -- Presentation, discussion and possible action pertaining to adoption of a resolution to increase the Emergency Medical Transport fee as set forth in Chapter 14, Section 1 and 3 of the Code of City Ordinances of the City of College Station. Fire Chief Dave Giordano described the item. In September 2000, the Fire Chief requested City Council approve an increase and change in procedure to the Emergency Medical Transport Fees. The request included an increase from the current flat rate of $350.00 plus $5.00 per loaded mile to a change in billing method that would include a $350.00 flat rate, $5.00 per loaded mile, plus the cost of medications and supplies. At the September 2000 meeting City Council was informed we would need Medicare and HCFA (Health Care Financing Administration) approval to change our billing method to include the cost of (itemizing) supplies used. The City of College Station submitted a request to change our billing method to include itemizing supplies used. The lack of approval for itemized billing by Medicaid has caused the Fire Department to bring this request forward. The Fire Department is requesting a flat fee increase from $350.00 to $425.00 per medical transport. The $5.00 per loaded mile will remain the same. The change in EMS transport fee structure does not impact the current agreement with the Brazos County. Councilmember Silvia moved to approve Resolution No. 1 -10- 2002 -11.04 to increase Emergency Medical Transport Fee to $425.00 plus $5.00 per loaded mile as set forth in Chapter 14, Section 1 and 3 of the Code of Ordinance of the City of College Station. Motion seconded by Councilmember Garner, which carried unanimously, 7 -0. FOR THE MOTION: Mcllhaney, Mariott, Maloney, Silvia, Massey, Garner and Hazen AGAINST THE MOTION: None Regular Agenda Item No. 12 -- The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for 1/10/2002. Council concluded its executive session prior to the regular meeting. Regular Agenda Item No. 13 -- Final action on executive session, if necessary. No action was taken. Providing Customer Service Excellence Office of the City Secretary College Station, Texas Council Meeting 1/10/02 Page 9 Regular Agenda Item No. 14 -- Adjourn. Slaw Hearing no objections, the workshop, executive session and regular meetings were adjourned at 9:45 p.m. on Thursday, January 10, 2002. PASSED AND APPROVED this 24 day of January, 2002. APPROVED: May s Lynn Mcllhaney , ATTEST: City Secretary Connie Hooks Providing Customer Service Excellence Office of the City Secretary College Station, Texas CI , City of College Station Council Regular Meeting JANUARY 10, 2002 Sign In Sheet I lli► COLLEGE STATION ,'City of College Station 1. "fi t wit / I1 O _ , li 2. Lc.(, . O�� 12. , e,(47141c n 3 L 4 13. A J (iju k g / L (0 C?3))■.Q/04-1,A.,, . 4. 14. 0 lM' o " --- -� 5. _ . _ . 1 ' ' 15. 14 adini ' 6. `s ' 16. X 4 7 ' Z 9 , I f 7. / /1/d— 17. i 8. It - 18. ii-a re-:" Z� �-.� 9. ire ' IhnWodnivoin 19. 4r4 /it G 10z ci I ( S oh 20. i t i , i E f I ! { , t 1 c i �•, City of College Station Council Regular Meeting 4kw JANUARY 10, 2002 Sign \/ nSh COLLEGE STATION gn Sheet C i t y of C o l l e g e S t a t i o n 1. f/Ae_ � � �� 11. 2. / k-� 12. 3. P7e1/ 55 07C 13. 4. M:06(6 14. 5. 15 UV( Q , 11)616s 15. / lbw 41 6. 16. 7. ?grryt;,4eids-y-t-,_- 8. 18. 9. 19. 10. 20. f