HomeMy WebLinkAbout12/14/2000 - Regular Minutes City CouncilPage 1 of 16
Mayor
Lynn Mcllhaney
Mayor Pro Tempore
Larry Mariott
City Manager
Thomas E. Brymer
City Council
James Massey
Ron Silvia
Winnie Garner
Dennis Maloney
Anne Hazen
MINUTES
College Station City Council
Workshop and Regular Meeting
Thursday, December 14, 2000 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chambers
COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Pro Tem Mariott, Councilmembers
Massey, Maloney, Silvia, Hazen and Garner
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr.,
City Secretary Hooks, Director of Development Services Callaway, Director of Fiscal Services Cryan,
Director of Office of Technology & Information Services Piwonka, Director of Public Services Smith,
Director of Economic Development Foutz, City Planner Kee, Senior Planner Kuenzel, Staff Planner
Jimmerson, and Staff Planner Laauwe
Agenda Item No. 1 - Discussion of consent agenda items listed for Regular Council Meeting.
13.13 City Manager Brymer explained the variation in language on the City Council agenda and the
cover sheet. The correct language is listed on the cover sheet, which states a one-year contract for stop-
loss. Mayor Mcllhaney abstained from this discussion.
13.20 Councilmember Hazen asked if Munson Avenue could be the first street considered under the
Neighborhood Traffic Calming Policy. Mayor Mcllhaney suggested removing this item at the regular
agenda for staff direction.
Agenda Item No. 2 - Presentation, discussion and possible action on the adoption of a city center
conceptual plan.
.Assistant City Manager Brown presented this item. He stated that the City Center Ad Hoc Committee
has worked with staff and Brinkley-Sargent Consulting Firm to develop a conceptual plan for the
location of a City Center Project. The conceptual plan describes the boundaries of the proposed City
Center between Texas Avenue and the East Bypass, Krenek Tap Road and Harvey Mitchell Parkway
South. The City currently owns much of the land in this area including Central Park, the land that
current City facilities occupy, and the recently purchased Freeman tract.
In September 1999, Council appointed the City Center Planning Ad Hoc Committee to work on
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developing a master plan for the City Center site. In March 2000, a consultant was hired to develop a
site master plan. The conceptual plan employs a "new-urbanism" type mix of public and private offices,
retail business cultural facilities, and outdoor recreation facilities. The City Center conceptual plan
depicts an area of the City where a person can work, live, shop and play within facilities of close
proximity to each other. It is envisioned that the City Center would act as a "downtown" for College
Station with City Hall being the anchor element of the new development.
City Center Ad Hoc Committee members Nancy Crouch and Tom McKittrick addressed the City
Council. Mrs. Crouch presented thirteen possible concepts for the City Center Project and three
recommendations stated below:
Recommendation # 1 - Accept City Center Conceptual Plan as presented
Recommendation #2 - Direct staff to create an overlay or special zoning district within the boundaries
of Texas Avenue, the East Bypass, and the appropriate land north of Krenek Tap Road and south of
Harvey Mitchell Parkway.
Recommendation #3 - Allow the ad hoc City Center Committee to advise and oversee staff in the
zoning of the proposed City Center site.
Mayor Pro Tem Mariott made a motion to accept the City Center Conceptual Plan as presented, directed
City Manager Brymer, key staff and the committee to work on the facets of this plan and its cost
projections, and return to Council with staff recommendations. Motion seconded by Councilman Silvia,
which carried by a vote of 7-0.
FOR: Mcllhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 3 - Presentation, discussion and possible action regarding a project
recommendation for the use of General Obligation Bonds (GOB) approved by the voters in 1995
for the construction of a North- South Thoroughfare.
Director of Public Works Mark Smith presented this item. Mr. Smith stated that in 1995, bonds were
approved for the purpose of improving north - south traffic movement within the City of College
Station. In 1998, those funds were specifically designated to construct an extension of Jones Butler
Road from Luther Street north to George Bush Drive. Currently, A&M officials are not interested in
making this roadway extension. That project may be realized at some time in the future. Staff
recommended that the GOB '95 funding be used to make a north-south connection elsewhere in the
city.
Mr. Smith outlined alternative projects for the use of these bond funds: Longmire Extension, Central
Park Lane, Dartmouth Extension and streets to serve proposed school sites. In consideration of these
alternative projects, staff considered the Thoroughfare Plan, traffic volumes, the impact on current
traffic congestion, cost and development trends.
· Longmire Extension- Estimated cost 2.1 million, 1.8 (unfunded, $387,000 budgeted for right of
way)
· Central Park Lane - Estimated cost $508,000 (unfunded)
· Dartmouth Extension- Estimated cost $2.9 million (unfunded)
· Alexandria Drive Extension and East/West Road along Barron- Estimated cost 1.6 million,
(unfunded)
Mr. Smith described additional construction projects, such as "AMS" street that would connect Emerald
Parkway to Sebesta Road, $954,000, budgeted. The cost of this street was expensive due to recent land
acquisition experience. He indicated the right-of-way will cost more that the city has budgeted for
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land. The projected traffic volumes are less than 300 per day. Staff recommended that this street project
be removed from the CIP list and the funds be assessed for other pertinent projects.
Staff recommended the construction of the Longmire Extension, with the extension of Dartmouth to
follow.
Mayor Pro Tem Mariott made a motion to approve the Longmire Extension and bring back before the
council input from TXDOT regarding an exit ramp, and the reassessment of funds for AMS project and
Jones Butler project. Councilman Maloney seconded the motion, which carried by a vote of 7-0.
FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Council recessed at 4:55 p.m. for a short break. They reconvened at 5:03 p.m.
Agenda Item No. 5 - Presentation, discussion, and possible action regarding a contract with Dean
International for development of strategies to accomplish a transportation improvement plan for
the City of College Station.
Assistant City Manager Brown stated the proposed contract with Dean International is to provide
assistance to the City in developing transportation strategies. The proposed strategies include:
developing a proactive public policy, performing a comprehensive evaluation of existing mass transit
services, maximize the city's ability to work locally through the MPO, identification of potential
funding sources, and the execution of strategic mission trips to Austin and Washington D.C. to petition
for funding and assistance in the city's meeting its transportation goals.
Councilmembers requested the consultant add a section to the contract regarding periodic written reports
be provided to the city. The consultant agreed and stated that he would add a paragraph that states:
"Prepare periodic written reports regarding the above-described initiatives as directed by the City
Manager."
Consideration of this item was listed on the regular agenda.
Agenda Item No. 4 - Presentation, discussion and possible action on Fiscal and Budgetary Policy
Statements regarding paving assessments.
Director of Public Works Mark Smith presented this item. Mr. Smith stated that in the last ten years, the
City has not used a levying of paving assessments for roadway cost. Currently there is a Council
adopted Fiscal and Budgetary Policy statement that provides some general direction to staff on the issue
of paving assessments. However, this policy is fairly general and staff needs specific direction
regarding the use of paving assessments for City initiated thoroughfare extensions. Property owners
who are not ready to develop their property may not view paving assessment favorable. This opposition
to the assessment may be voiced at a public hearing before Council, a process required by the
assessment policy. Also, assessment of paving cost involves extensive staff time and cost commitment
due to the steps that must be followed to comply with State law. The basic steps in making a paving
assessment are:
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Resolution authorizing preparation of plans and specifications
Resolution approving plans, ordering improvements, providing for assessment, and directing solicitation
of bids
Resolution awarding contract and calling a public hearing
Filing of notice of paving lien
Public hearing letters to property owners and railroads subject to assessment
Public Hearing
Notice of passage of ordinance leaving the assessment
The City currently has capital street projects involving thoroughfare extensions where paving
assessments might be used.
Staff recommended paving assessments for thoroughfare extensions initiated by the City if it enhances
the value of the adjacent property. If the City does levy assessments for thoroughfare extensions, the
assessment language in the City Code should be repealed to make the City Code consistent with the
State Transportation Code.
Councilman Massey made a motion to support the paving assessment policy, directed staff to use the
assessment as a tool for thoroughfare extensions and bring before the Council any changes to our current
City Code. Motion seconded by Councilman Silvia, which carried by a vote of 7-0.
FOR: McIlhaney, Mariott, Maloney, Hazen, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 6 - Agenda Request by Councilmembers.
Discussion and possible action on request by residents on Munson Avenue for traffic calming
measures. Councilman Hazen requested that this item be considered by council due to a recent petition
from Munson residents for traffic calming measures. Council decided to consider this issue at the
Regular Meeting under Item No. 13.20.
Agenda Item No. 7 - Council Calendars
Joint Legislative Committee Meeting, 12/12
Council Workshop and Regular Meetings, 1/11
Breakfast with the Mayor, Jr. High and High School Students, 1/26, 7:30 a.m. - 9:30 a.m., Conference
Center
Councilman Massey informed the Council of a joint retreat with Bryan City Council as a follow up from
the July retreat and possible discussion on the smoking ordinance at a meeting in January.
Agenda Item No. 8 - Hear Visitors (5:45 p.m.)
At 5:45 p.m. Mayor McIlhaney opened the floor for public comment. No one spoke.
Agenda Item No. 9 - Executive Session.
At 6:10 p.m., Mayor McIlhaney announced that the City Council would convene into executive session
pursuant to Sections 551.071, 551.072, 551.074 and 551.086 of the Open Meetings Act, to seek the
advice of the city attorney with respect to pending and contemplated litigation, to discuss the purchase
of real property, to consider the appointment and evaluation of public officers, and to consider economic
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development negotiations.
Pending and Contemplated Litigation {Gov't Code Section 551.071 }
1. Cause No. 43,098-85, Brazos County-Bryan v. College Station
2. Cause No. 96-03168, Travis County- Bryan, et al. v. PUC (intervention)
3. Cause No. 97-02587, Travis County- Bryan, et al. v. PUC (intervention)
4. Cause No. 98-13391, Travis County- Bryan, et al. v. PUC (intervention)
5. Cause No. 96-06940, Travis County- Bryan, et al. v. PUC (intervention)
6. Cause No. 97-07000, Travis County- TMPA v. PUC (intervention)
7. Cause No. 98-11817, Travis County - TMPA v. PUC (intervention)
8. Cause No. GN002343, Travis County- San Antonio v. PUC (intervention)
9. Cause No. GN002513, Travis County- San Antonio v. PUC (intervention)
10. Cause No. 49,367-CCL2, Brazos County- Wilkerson v. College Station
11. Cause No. 50,943-CCL - Brazos County - College Station v. SSC
Development, et al., Civil
12. Action No. 01-98-011056-CV, Court of Appeals Gold v. College Station
13. Docket Nos. TX96-2-000 and TX96-2-001, FERC- College Station, applicant
14. Cause No. 50,813-85, Brazos County- College Station v. Phillips Swager Associates, Inc.; et al.
15. Cause No. 51,822-CC 1, Brazos County - Felder v. College Station
Real Estate {Gov't Code Section 551.072}
1. City Center Land Acquisition
2. Business Center Land Acquisition
3. Cemetery Land Acquisition
4. STATA Corp. Economic Development Agreement
Economic Development Negotiations {Gov't Code Section 551.086}
1. Hotel Conference Center
2. Business Center Prospect
3. Big-Box Retail
Personnel {Gov't Code Section 551.074}
1. City Manager Annual Evaluation
Council recessed from executive session at 6:55 p.m. and reconvened the executive session following
the regular meeting agenda.
Regular Meeting
Mayor Mcllhaney opened the regular meeting at 7:05 p.m. All councilmembers were present. She led
the audience in the pledge of allegiance. Dr. Jerry Neff from A&M United Methodist Church provided
the invocation.
Mayor Mcllhaney and Councilman Massey presented Ms. Kay Henderson with a check for the Brazos
AIA for working with the City of College Station on the Wolf Pen Creek Design Charette. This award
was donated on behalf of the memory of Linda DeSalvo, former citizen committee member and former
AIA member.
Mayor Mcllhaney recognized the following employees for their continued education and dedication to
the City of College Station.
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Natalie Ruiz- AICP Certification
Lee Battle- AICP Certification
Harvey Cargill, Jr.- Texas City Attorney's Association, President
James Polasek- Texas Purchasing Management Association, President
Consent Agenda
13.1 Approved by common consent the minutes for City Council special meeting, November 2, 2000
and workshop and regular meeting on November 9, 2000.
13.2 Bid No. 00-08 - Approved by common consent the renewal of an annual agreement for PVC
pipe and fittings with Dealers Electric for $9,979.50 and Ward Electric Supply for $127,502.50.
Expenses will be charged to individual departments and projects as materials are used.
13.3 Bid No. 00-09 - Approved by common consent the renewal of the annual agreement for
Gasoline and Diesel Fuel with Brenco Marketing for an estimated annual expenditure of
$386,305.00. Expenses will be charged to individuals departments as used.
13.4 Bid No. 01-04 - Approved by common consent the purchase of a mail folding/inserting system
for utility billing. Awarded to lowest, responsible bidder meeting specifications, Round Mailing
Systems in the amount of $28,000.00 including trade-in. Funds available and budgeted in the
Utility Billing Fund.
13.5 Bid No. 01-05 - Approved by common consent the purchase of self-supporting all dielectric
fiber optic cable. Awarded to lowest, responsible bidder meeting specifications, Graybar
Electric, in the amount of $84,315.00. Funds available and budgeted in General Capital Projects
Fund. This equipment will be used to complete the next phase of the fiber optic loop, which
supports the city organization's data and voice service.
13.6 Bid No. 01-13 - Approved by common consent the purchase of decorative street light fixtures.
Awarded to lowest responsible bidder meeting specifications, Dealers Electrical Supply in the
amount of $41,816.80. Funds available and budgeted in the Electric Fund, Capital Outlay.
13.7 Bid No. 01-14 - Approved by common consent the purchase of ultra violet lamps, ballasts, and
pans for Wastewater Treatment Plant. Awarded to lowest responsible bidder by line item as
follows: 1) Advanced UV Systems for $16,800.00; 2) and 3) Hartwell Environmental for
$4,285.00 and $360.00 respectively; and 4) Gregg Ellner Associates for $790.00. Total annual
estimated expenditure is $22,235.00. Funds available and budgeted in the Sewer Fund, Sewer
Treatment Operations.
13.8 Approved by common consent ratification of a real estate contract for the purchase of 111
George Bush Drive East in the amount of $62,700. Funds available and budgeted in the George
Bush East widening project.
13.9 Approved by common consent a request for oversize participation in the amount of $32,729.86
for construction of 447 feet of 18-inch waterline along the Earl Rudder Freeway east feeder
road. The line would extend from the Nissan Dealership north through the Greensworld
Subdivision to approximately 400 feet from the intersection of University Drive and the east
feeder road.
13.10 Approved by common consent a resolution regarding competitive matters relating to the College
Station electric utility.
13.11 Discussion and possible action on a contract with Dean International for development of
strategies to accomplish a transportation improvement plan for the City of College Station.
Mayor Pro Tem Mariott made a motion to amend the contract to include a provision that directs
the consultant to prepare periodic written reports regarding the above described initiatives to the
City Manager. Motion seconded by Councilman Massey, which carried unanimously 7-0.
FOR: Mcllhaney, Mariott, Maloney, Hazen, Garner, Silvia and Massey
AGAINST: None
13.12 Approved by common consent an interlocal agreement with the City of Bryan for the supply of
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water to either party for emergency use through various interconnections between the municipal water
supply systems.
13.13 Approved by common consent the Employee Health Benefits Plan. This is Strategy # 1, Vision
Statement # 1," pursue competitive, cost-effective health insurance benefits." Specifically,
renewal for third party administration (TPA) of claims; renewal with current stop-loss carrier for
one month; new two-year contract for long-term disability and life insurance; renewal of
employee assistance program, and renewal of prescription card program.
FOR: Mariott, Maloney, Hazen, Garner, Silvia and Massey
ABSTAINED: Mcllhaney
13.14 Approved by common consent a resolution for an interlocal agreement with the Texas
Association of School Board (TASB) Purchasing Cooperative for the purpose of fulfilling the
respective public and governmental purposes, needs, objectives and programs in the purchasing
of supplies, materials and equipment.
13.15 Approved by common consent a resolution approving the City Manager to act on behalf of the
City of College Station to apply for a Texas Parks and Wildlife Department matching grant for
the development of Lick Creek Park. The grant request is in the amount of $258,772. The
resolution also dedicates the proposed site for permanent public park and recreational uses.
13.16 Approved by common consent Change Order No. 4 in the amount of $32,850.00 to Othon, Inc.
for additional design services on the Northeast Sewer Trunkline Project. (ST-
9805).
13.17 Approved by common consent an agreement between the City of College Station and First USA
for the City's Procurement Card Program.
13.18 Approved by common consent drug screening services. This purchase is exempt from
competitive bidding as allowed in LGC 252.022(a)(4) procurement for personal, professional, or
planning services. Recommend approval of drug screening services and physicals from Scott &
White Clinic in the amount not to exceed $18,200.00. Funds available and budgeted in various
funds, departments, and divisions within the City.
FOR: Mariott, Maloney, Hazen, Garner, Silvia and Massey
ABSTAINED: Mcllhaney
13.19 Approved by common consent an interlocal agreement with Texas A&M University for the
supply of water to either party for emergency use through various interconnections between the
water supply systems.
13.20 Discussion and possible action on a policy for Neighborhood Traffic Calming in the City of
College Station. Councilman Hazen made a motion to approve the traffic calming policy with
direction to staff to notify the Munson Avenue Homeowners Association of the policy so they
may apply to participate in the program. Motion seconded by Councilman S ilvia, motion carried
7-0.
FOR: Mcllhaney, Mariott, Maloney, Hazen, Garner, Silvia and Massey
AGAINST: None
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13.21 Approved by common consent workers compensation claims. Recommend approval of blanket
purchase order to Texas Municipal League in the amount of $146,158.00 to pay claims for prior
workers compensation claims arising from prior years. Funds are available and budgeted in the
Workers Compensation Fund.
FOR: Mariott, Maloney, Hazen, Garner, Silvia and Massey
ABSTAINED: Mcllhaney
13.22 Approved by common consent an amendment to lease agreement between the City of College
Station and Deluxe Burger Bar, Inc.
Regular Agenda
Agenda Item No. 14.1 - Public hearing, discussion and possible action on an ordinance rezoning
5.08 acres located adjacent to the Raintree Subdivision from A-O Agricultural/Open Space to R-
lB Single Family Housing.
Senior Planner Sabine Kuenzel presented this item. She stated that the subject property is located
immediately adjacent to the Raintree subdivision, which is zoned R-1 Single family, and is developed,
as a single-family neighborhood with the lot sizes ranging from 9000 to 14,000 square feet. The R-1 B
request would allow the 5.08-acre tract to build out at a density very similar to the existing Raintree
subdivision with a minimum lot size of 8,000 square feet. The remaining 9.15 acre tract is not included
in this request but will most likely be developed in conjunction with the subject 5.08 acres. The 9.15
acres are zoned A-O and R-1 and at this time no rezoning requests are pending. The property is
reflected as mixed use on the Land Use Plan and the East Bypass Study. This classification is used in
areas where infill development could have a negative impact on existing neighborhoods. This property
includes part of the floodplain and floodway of Wolf Pen Creek.
On January 21, 1999, the Planning and Zoning Commission considered a rezoning of the subject
property, 9.15 acres, as well as adjoining tracts to the north and south. The applicant had requested a
combination of commercial: apartments and townhomes. Staff recommended denial of the request due
to the Land Use Plan and Development Policies that supported only PDD zoning in mixed-use infill
cases. Planning and Zoning Commission recommended denial and the applicant returned to the
Planning and Zoning Commission on July 15, 2999 with a request of PDD-H, apartment complex and
townhomes. The Planning and Zoning Commission and City Council denied that request on August 12,
1999. In August 2000, the Commission and Council heard a request for R-1 on the subject 5.08 acres.
The Commission recommended the requested R-1 to Council, who in turn tabled the item pending
review of the East Bypass Study.
At the P&Z's last meeting, they recommended denial without prejudice to allow the applicant to return
with a PDD-H.
Staff recommended approval of either an R-lB with rezoning initated on the 9.15 acres to R-lB, or
direction to resubmit a single family PDD-H for the entire 14.23 acres.
Mayor Mcllhaney opened the public hearing.
The following citizens spoke in favor of the rezoning
Greg Taggart, Municipal Development Group
The following citizens spoke in opposition of the rezoning request.
Sherry Ellison, 2705 Brookway Drive
Karley Young, 2711 Redhill
Boyce Sorell, 7704 Sherman Court
William Walker, 7807 Shiloh Court
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Mayor McIlhaney closed the public hearing
Councilman Maloney made a motion to approve R-1B with the city initiated R-1B for the remaining
9.15 acres. Motion seconded by Mayor Pro Tem Mariott, which failed by a vote of
3-4.
FOR: Mariott, Mcllhaney and Hazen
AGAINST' Maloney, Massey, Silvia and Garner
Councilman Maloney made a motion to return the rezoning of 14.23 acres to the Planning and Zoning
Commission without prejudice for a PDD-H rezoning. Motion seconded by Councilman Garner, which
carried by a vote 7-0.
FOR: Mcllhaney, Mariott, Hazen, Maloney, Massey, Garner and Silvia
AGAINST: None
Agenda Item No. 14.2 - Public hearing, discussion and possible action on an ordinance rezoning
1.7 acres located at 4004 Harvey Road; approximately 300' west of the intersection of Harvey
Road and Pamela Lane; from A-O Agricultural Open to PDD-B Planned Development District-
Business.
Staff Planner Jessica Jimmerson presented this item. She stated that the applicant's primary interest in
this rezoning case is to secure the former Jose's tract for future use as a restaurant. The Planning and
Zoning Commission and City Council considered a C-B request for the subject property in 1999. The
fact that the City's plan for the areas still reflected it as a "holding" zone was an issue at the time, and
Council remanded the case to the Commission with direction to staff to begin a study of the area. Since
that time, the 30/60 study has been drafted and presented to the Commission. The study indicates that
limited commercial is justified in this block.
The Commission and Council considered a second C-B request for the subject property and chose to use
the draft of the 30/60 study as a guide in evaluating the rezoning proposal. After consideration, both
denied the request without prejudice to allow the applicant to return with a PDD-B request as required in
the study.
At the public hearings for the two previous rezoning requests for this property, several concerns were
raised. These concerns were drainage, lighting, noise, adequate parking and odors, but most strongly
objected was the possibility of uses other than restaurant type. Staff proposed that the 40-foot buffer
should mitigate most of the negative impacts associated with noise, lighting and odors.
Staff recommended approval with the following conditions:
· The partially paved parking spaces, 47-55, are surfaced to match the existing spaces and have
wheel stops placed at the edge of the edge of the pavement.
· In the event the parking along Highway 30 is removed with the widening of the road, that the
applicant be allowed to replace that parking elsewhere on the site, but within the 40 ft. buffer.
· Staff did not receive the revised conceptual plan in time to review the proposed landscaping and
therefore recommended that the site, excluding the 40-foot buffer areas, be required to meet the
city's standard landscaping and streetscape requirements. It is intended that the buffer remain in a
natural state and that area should not count against the applicant in the calculations for
landscaping and streetscaping.
Mayor McIlhaney opened the public hearing.
The following citizens spoke in opposition of the rezoning.
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Kathy Eugster, 12 Vista Lane
John Vilas, 15 Ranchero Drive
Ray Rippstein, 16 Vista Lane
Benito Flores-Meath, 901 Val Verde
The following citizens spoke in favor of the rezoning.
Jack Dillard, 2802 Briargrove, Bryan
Councilman Silvia made a motion to approve Ordinance No. 2477 rezoning approximately 1.7 acres
from A-O Agricultural Open to PDD-B Planned Development District- Business with staff
recommendations. Motion seconded by Councilman Maloney, which carried by a vote of 5-1-1.
FOR: Silvia, Maloney, Mcllhaney, Mariott, and Massey
AGAINST: Hazen
ABSTAINED: Garner
Council recessed for a short break
Mayor Mcllhaney reconvened the regular meeting at 9:10 p.m.
Agenda Item No.14.3 - Public hearing, discussion and possible action on an ordinance rezoning
4.35 acres for the Regency South Subdivision for Planned Unit Development #2 (PUD #2) to
Planned Development District for Housing (PDD-H) located south of Brothers Avenue between
Texas Avenue and Longmire.
Staff Planner Jessica Jimmerson presented this item. She stated that the subject tract and several
surrounding areas were zoned R-6, High Density Apartments, then later in the year the subject tract was
rezoned to Planned Unit Development #2 (P.U.D. #2) and final plat. The property was replatted in 1983
to current configuration. The Land Use Plan shows the area as Attached Residential, which would have
a corresponding density of 10 to 20 dwelling units per acre. The proposed rezoning would result in a
density of approximately 7.35 dwelling units per acre. The actual development around Regency South
consists of a commercial strip center to the North, 20 duplex units to the east, a City park to the south
and 19 townhomes to the west along Longmire.
During the rezoning process, four primary concerns were identified through the neighborhood meetings;
building height, drainage, use of the alley adjacent to the Longmire townhomes and use of the connector
drive between the alley and Regency South's private road. The Planning and Zoning Commission
directed staff to work with the developer and the property owners of Regency South and the adjacent
properties to find a solution to better address the concerns of all involved.
The City's Zoning Ordinance currently has only one district that allows the flexibility necessary to
address the existing problem and the concerns that have been risen. These proposed district regulations
have been determined after much communication between the area residents, the developer, and staff.
The Planning and Zoning Commission and staff recommended approval of the rezoning request.
Mayor Mcllhaney opened the public hearing.
The following citizens spoke in favor of the rezoning.
Lois Beach, 1816-1 Brothers Blvd
Mayor McIlhaney closed the public hearing.
Councilman Silvia made a motion to approve Ordinance No. 2478 rezoning 4.45 acres for the Regency
South Subdivision from Planned Unit Development #2 to Planned Development District. Motion
seconded by Councilman Garner, which carried by a vote of 7-0.
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FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 14.4 - Public hearing, discussion and possible action on an ordinance rezoning
6.00 acres in Crawford Burnett, located at 1267 Harvey Mitchell Parkway South from R-1 Single-
Family Residential to C-1 General Commercial.
Staff Planner Shauna Laauwe presented this item. She stated the applicant is requesting this rezoning in
order to prepare the property for commercial development. The applicant indicated a desire to construct
a hotel on the property. The proposed commercial zoning is not in compliance with the Land Use Plan
or the development pattern of this area. This site does not meet the City's current development policy
for the placement of C-1 General Commercial zones. The City's adopted development policies support
commercial uses at intersections rather than to allow "strip" style development along all major road
frontages. The intended purpose for Harvey Mitchell is to serve as a high-speed traffic loop around our
community. It is not intended to provide a commercial corridor and should not develop in a strip
commercial style with multiple access points that would slow traffic, and deteriorate the function of
Harvey Mitchell as an expressway. Staff considered this request to be of "strip" commercial nature due
to the subject property only having access to Harvey Mitchell Parkway, with the Thoroughfare Plan
anticipating no other major roadways or intersections in this area.
Staff recommended denial of the rezoning due to the requested C-1 use classification and location
having characteristics of a spot zoning. The Planning and Zoning Commission recommended denial of
the rezoning request.
Mayor McIlhaney opened the public hearing. No one spoke. Mayor McIlhaney closed the public
hearing.
Councilman Maloney made a motion to deny the rezoning of 6.00 acres in Crawford Burnett tract
located at 1267 Harvey Mitchell Parkway South from R-1 Single Family to C-1 General Commercial.
Motion seconded by Councilman Silvia, which carried by a vote of 7-0.
FOR: Mcllhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 14.5 - Public hearing, discussion and possible action on an ordinance rezoning
3.698 acres in Steeplechase Phase 7, located near the intersection of Wellborn and Navarro Roads,
from R-3 Townhouse to PDD-H Planned Development District for housing.
Staff Planner Jessica Jimmerson presented a staff report and recommended approval of the rezoning
request. Ms. Jimmerson explained that the applicant is requesting this PDD-H rezoning to allow for
modifications to the R-3 townhomes zoning requirements. The R-3 zoning district has a set lot size of
2000sf and a minimum dimension requirement of 20 x 100. The applicant is proposing to meet the lot
size requirement for the R-3 district of 2000 SF and would like the flexibility to plan for different lot
dimensions than those prescribed by the zoning ordinance. Also, the applicant would like to modify the
setback requirements of the interior lots to simplify the lot line layout for the project.
The Planning and Zoning Commission and staff recommended approval of the rezoning request.
Mayor McIlhaney opened the public hearing.
The following citizens spoke in favor of the rezoning.
Mike McClure, 9626 Brookwater Circle
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Mayor McIlhaney closed the public hearing
Councilman Silvia made a motion to approve Ordinance No. 2479 with staff recommendations
rezoning approximately 3.698 acres in Steeplechase Phase 7 from R-3, Townhouse to PDD-H, Planned
Development District for Housing. Motion seconded by Councilman Massey, which carried by a vote
of 6-1.
FOR; Mcllhaney, Mariott, Hazen, Maloney, Silvia and Massey
AGAINST: None
ABSTAINED: Garner
Agenda Item No. 14.6 - Public hearing, discussion and possible action on an ordinance rezoning
the new College Station Business Center, approximately 339 acres located near the northeast
intersection of State Highway 6 and Greens Prairie Road, from C-l, R-l, R-2, and A-O to M-1
Planned Industrial.
Staff Planner Jessica Jimmerson presented this item. She stated the City Council recently purchased this
property with the intent of developing a new business park in this location. This proposal does not
match the Land Use Plan for this area; the decision of the Council to purchase the property for this
purpose is a decision to amend the Land Use Plan. The next small area planning project will be in this
area to determine what other adjustments, if any, will be necessary to the Land Use and Thoroughfare
Plans. Another area of the Comprehensive Plan, the Greenways Master Plan, is also addressed with this
project. A large portion of the property will be a dedicated greenway. These areas will also serve a
secondary purpose of buffering much of the proposed business park from surrounding land uses.
The Planning and Zoning Commission and staff recommend approval of the rezoning.
Mayor McIlhaney opened the public hearing. No one spoke. Mayor McIlhaney closed the public
hearing.
Councilman Garner made a motion to approve Ordinance No. 2480 rezoning the New College Station
Business Center, 339 acres from C-l, R-l, R-2 and A-O to M-1 Planned Industrial. Motion seconded by
Councilman Silvia, which carried by a vote of 7-0.
FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No 14.7- Public hearing, discussion and possible action on an ordinance amending
Section 7.22D of Ordinance No. 1638, the Zoning Ordinance of the City of College Station to add
"commercial amusements" to the list of conditional uses in the C-B Commercial Business District.
City Planner Jane Kee presented this item. She stated that the owners of Champion Firearms want to
relocate to The Village Shopping Center and expand their business by including an indoor shooting
range. An indoor range is defined in the Zoning Ordinance as a commercial amusement. The Village
Shopping Center is zoned C-B Business Commercial. Commercial amusements are not permitted by
right of allowed as a conditional use in the C-B zoning district. There are only three ways to locate a
commercial amusement in this center. The property can be rezoned to C-1 General Commercial where
these uses are permitted by right. The C-B zone can be amended to allow an indoor shooting range
and/or other commercial amusements by right. Lastly, the C-B zone can be amended to allow an indoor
shooting range and/or other commercial amusements as a conditional use. The latter option gives the
City the greatest amount of control.
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The zone was amended to add convenience stores and gas stations as possible conditional uses. At
present, the list of conditional uses included nightclubs, convenience stores, gasoline and service
stations and cleaners with on-site cleaning facilities.
Ms Kee stated the ordinance amendment will expand the list of conditional uses in the C-B zone to
include commercial amusements. An individual decision can be made each time a commercial
amusement is proposed and the Commission can decide whether it is appropriate as proposed.
However, it is possible that this amendment will open the door for more requests for commercial
amusements in C-B zones and associated public hearings and potential controversies. The C-B zone
restricted outdoor business activity so any commercial amusements proposed will be largely an indoor
activity.
The Planning and Zoning Commission and staff recommended approval as presented. Mayor
Mcllhaney opened the public hearing.
The following citizens spoke in favor of the ordinance amendment.
Mike Gentry, 1515 Emerald Plaza
Benito Flores-Meath, 901 Val Verde
Buddy Micklitz, P.O. Box 1497, Bryan
Clay Winder, 4035 Sulfur Springs
Michael Stulee, 2407 Colgate
Frank Malinak, 1209 Skyline Ct.
John Clark, 504 Crescent, Bryan
Mayor McIlhaney closed the public hearing.
Councilman Silvia made a motion to approve Ordinance No. 2481 adding indoor gun range to the
Conditional uses permit list. Motion seconded by Mayor Pro Tem Mariott, which carried by a vote of 7-
0.
FOR: Mcllhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 14.8 - Presentation, discussion and possible action on an Economic Development
Agreement between the City of College Station and Lane College Station Limited Partnership,
locally known as the Hilton Hotel.
Councilman Maloney made a motion to approve the Economic Development Agreement between the
City of College Station and Lane College Station Limited Parmership. Motion seconded by Councilman
Massey, which carried by a vote of 7-0.
FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 14.9 - Presentation, discussion and possible action on two resolutions providing
grants for: 1) the payment of permits and fees related to redevelopment of property at 801
University Drive East in an amount not to exceed $7,500.00; 2) a maximum of $275,000.00 cash
reimbursement for construction of a retaining wall and other property improvements to Lane
College Station Limited Partnership for economic development.
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Councilman Silvia made a motion to approve two resolutions providing grants for the payments of
permits and fees related to redevelopment of property at 801 University Drive East in an amount not to
exceed $7,500.00 and a maximum of $275,000.00 cash reimbursement for construction of a retaining
wall and other property improvements to Lane College Station Limited Partnership for economic
development. Motion seconded by Councilman Hazen, which carried by a vote of 7-0.
FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 14.10 - Discussion and possible action on the appointment of a chairperson for
the Wolf Pen Creek Tax Increment Finance Board, Reinvestment Zone
No. 1 for calendar year 2001.
Councilman Maloney made a motion to appoint Sharon Colson as chairperson for the Wolf Pen Creek
Tax Increment Finance Board Reinvestment Zone 1, for calendar year 2001. Motion seconded by
Councilman Silvia, which carried by a vote of 7-0.
FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 14.11 - Discussion and possible action on the appointment of a chairperson for
the Melrose Project Tax Increment Financing Reinvestment Zone No. 4 for calendar year 2001.
Councilman Maloney made a motion to appoint Sharon Colson as chairperson to the Melrose Project
Tax Increment Financing Reinvestment Zone #4, for calendar year 2001. Motion seconded by
Councilman Silvia, which carried by a vote of 7-0.
FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 14.12 - Presentation, discussion and possible action on making a nomination for
the municipalities "jointly appointed" members of the E-911 Board of Managers.
Mayor Pro Tem Mariott made a motion to nominate Chief Feldman to serve on the E-911 Board of
Managers. Councilman Hazen seconded the motion, which carried by a vote of 7-0.
FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 14.13 - Presentation, discussion and possible action on a first amendment to the
Economic Development Agreement and Tax Abatement Agreement between the City of College
Station, the Bryan/College Station Economic Development Corporation, and STATA
Corporation.
Director of Economic Development Kim Foutz presented this item. Ms. Foutz stated that this request
for amendment provides for extension of the date STATA Corporation is required to occupy its building
in the Business Center as specified in the Economic Development Agreement. The date is proposed to
be extended from December 31, 2000 to February 28,2001. In addition, the amendment would expand
the definition of gross payroll to include the number that STATA repons through other payroll reports
certified, at STATA's expense, by a certified public account or in-house account of STATA and
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President, or other designated officer of the corporation. Also, the amendment expands the abatement
schedule to eight years, inserting 0% abatement for year one. The remaining years follow the original
abatement schedule: 0%, 70%, 70%, 60%, 50%,40%,30%, 20%, 10% abatement.
Currently STATA has not exceeded the capital investment thresholds of Phase # 1 ($1,000.000 capital
investment and 10,000 s.f. building) as provided for in the Economic Development Agreement and Tax
Abatement Agreements. STATA is currently constructing an 18,800 sf facility. In addition, they are
currently in compliance with gross payroll requirements of both agreements. Due to construction
delays, the company is anticipating a default related to its ability to complete and occupy the building by
December 31, 2000 as required in the Economic Development Agreement.
Staff recommended approval of the amendment as presented.
Benito Flores-Meath, 901 Val Verde inquired about moving the abatement for one year and its cost
effect to the taxpayers.
City Manager Brymer stated if the City grants an amendment to the abatement schedule as provided for
in the proposed amendment agreement, costs to the City are estimated at $3,000.00 in property taxes.
Councilman Garner made a motion to approve the amendment to the Economic Development
Agreement and Tax Abatement Agreement between the City of College Station, the Bryan/College
Station Economic Development Corporation, and STATA Corporation as presented by staff. Motion
seconded by Mayor Pro Tem Mariott, which carried by a vote of 7-0.
FOR: Mcllhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 15 - Executive Session
At 10:15 p.m. Mayor Mcllhaney announced that the Council would reconvene into executive session
pursuant to Sections 551.071, 551.072, 551.074 and 551.086 of the Open Meetings Act, to seek the
advice of the city attorney with respect to pending and contemplated litigation, to discuss the purchase
of real property, to consider appointment and evaluation of public officers, and to consider economic
development negotiations. Refer to executive session list previously mentioned.
Agenda Item No. 16 - Final action on executive session, if necessary.
The Council concluded its executive session at 12:15 a.m. Friday, December 15, 2000. They returned to
open session. No action was taken.
Agenda Item No. 17- Adjourn
Hearing no objections, the workshop, regular and executive sessions were adjourned at 12:15 a.m. on
Friday, December 15, 2000.
PASSED AND APPROVED this 11 th day of January 2001.
APPROVED:
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Mayor Lynn McIlhaney
ATTEST:
City Secretary Connie Hooks
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