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HomeMy WebLinkAbout05/08/1997 - Regular Minutes City CouncilMayor LYNN MCILHANE¥ Mayor Pro Tempore HUB KENNAD¥ City Manager GEORGE K. NOE COLLEGE STATION Council Members STEVE ESMOND LARRY MARlO'iT DAVID HICKSON DICK BIRDWELL SWlKI ANDERSON MINUTES COLLEGE STATION CITY COUNCIL Regular Session Thursday, May 8, 1997 at 7:00 p.m. COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Protein Kennady, Councilmembers Mariott, Hickson, Birdwell, Esmond STAFF PRESENT: City Manager Noe, City Secretary Hooks, Assistant City Manager Brymer, City Attorney Cargill, City Planner Kee, Staff Planner McCully, Finance Director Cryan Mayor Mcllhaney called the meeting to order at 7:00 p.m. Agenda Item No. I -- Pled.qe of Allegiance Councilmembers and audience cited the pledge of allegiance. Agenda Item No. 2 -- Invocation Rev. Thomas Payne of Texas Avenue Baptist Church provided the invocation. Agenda Item No. 3 -- Consider request for absence from meetin,q. No requests were considered. Agenda Item No. 4 -- Presentation,~ a. Tom Auginbaugh and Mary Ellen Bowers accepted the proclamation for Chamber of Commerce Week, May 5-9 b. Police Lt. Scott Simpson accepted the proclamation for Police Week, May 11-17 and Police Memorial Day, May 14. Providing Customer Service Excellence Regular 5/8/97 Page 2 Agenda Item No. $ -- Statutory A.qenda 5a. Approved request to contract with Wienerschnitzel in College Station for annual concession services at Adamson Lagoon. Approved by common consent. Agenda Item No. 6 -- Consent Agenda 6a. Approved amendment to development agreement between the City and Begonia Corporation with regard to future phases of Edelweiss Estates north of Rock Prairie Road extension. 6b. Approved purchase request to renew annual blanket purchase orders for various electric distribution and padmount transformers. Funds available in electric inventory. Award renewal with KBS Electrical, Inc. of Bryan, estimated expenditure $99,001; Preister Mell & Nicholson of Austin, estimated expenditure $79,385; and Techline of Austin, estimated expenditure $82,696. Approved by common consent. Agenda Item No. 7 -- Regular A.qenda 7a. Present update on Teen Advisory Board activities. PARD Director Steve Beachy explained that the City conducted a teen survey May, 1996 and the results of the survey were presented to the Council in June, 1996. An overwhelming response indicated a desire by the teens to be involved in the planning process of teen programs in College Station. Subsequently, a Teen Advisory Board of 52 junior and senior high students was appointed by the council. In the past few months, the priorities in planning programs were established. He recognized staff persons Jana Wood, David Hudspeth, and volunteer Mary Alice Beachy who assisted the groups in their processes. His concluding remarks related to the search for a Teen Center. Will Owens, chairman of the Board, presented a status report of their activities. Mayor and councilmembers acknowledged their efforts. Regular 518197 Page 3 7b. Public hearing and rezonin.q request for 12.69 acres located at the intersection of Lincoln and University Drive from R-1 Single Family to 8.47 acres of C-B Business Commercial and 4.24 acres of A-P Administrative Professional (97-104). Staff Planner Sabine McCully presented the staff report and stated that the subject property was split when Lincoln Avenue was extended through the west side as the larger tract, 8.47 acres, and east side smaller tract, 4.24 acres. The west side is requested for C-B zoning and east side as A-P zoning. She provided a slide presentation of the area. Staff recommended approval of the rezoning with two conditions: 1. A buffer be provided in the R&D district between the western tract and the R-lA zoned patio homes on Lincoln and the zoning for the C-B tract (8.47 acres) become effective when such buffer is installed. 2. That a sewer impact study be provided at the time of development analyzing the impact of the development on the sewer infrastructure and that any improvements are borne by the developer. Questions were raised by councilmembers on the buffer conditions. Mayor Mcllhaney opened the public hearing. Following individuals spoke in favor of the request. Hank McQuaide 12939 SH 30 Fain McDougal, 4150 Shadowbrook Citizens of the Lincoln area spoke on this issues. Bob Gobin, 1011 Lincoln, asked council to seriously consider the buffer conditions. President of College Woodlands Homeowners Association, William Smith of 1040 Rose Circle, informed the Council about residents concern of R-lA lots on Lincoln and the impact of this rezoning. He supported the buffer requirement and consideration by P&Z regarding the sanitary sewer and storm sewer runoff problems in the area. Oran Hicks of 901 Munson noted that the buffer should continue along the north side of Lincoln for privacy to the new homes. He opposed the C-B zoning request. Regular 5/8/97 Page 4 Martha Cannon of 903 Munson stated that she hoped the staff would plan for a larger buffer zone to utilize the natural greenway and creek. Mayor Mcllhaney closed the public hearing. Mayor Protem Kennady made a motion to approve Ordinance No. 2242 with the conditions stated above. This motion was seconded by Councilman Mariott which carried unanimously, 6-0. 7c. Consider request to abandon the public right of way of Grand Oaks, thus allowin,q it to be a private street that will have gated access. Grand Oaks is currently under construction and is located on the south side of Lincoln Avenue iust east of Munson. City Planner Jane Kee reviewed background information on the item. This is a request from the developer of Grand Oaks, David Scarmardo, to abandon the public right of way. Mr. Scarmardo began working with the city developing Grand Oaks in the summer of 1996. At the time the plat was being reviewed he expressed interest in a gated subdivision with a public street. During the interim, staff began researching the topic, and at that time staff could not support gating a public street. At the same time, council acted upon the Woodcreek PUD rezoning request for Section 8 by approving the rezoning but not allowing the typical private street usually found in the PUD. This action was followed by discussion with council regarding gated communities at the workshop on March 28, 1997. Staff recommended accepting the private street only with the condition that it be built to city standards and with appropriate documentation that an HOA is established with assurance that the HOA financially perform the required maintenance. Further, that the appropriate easements are dedicated to cover access for utilities. Staff also recommended that any gate details be incorporated in the HOA covenants prior to filing restrictions and installation of gates. Councilmembers expressed their viewpoints about the street maintenance issue. Mr. Kennady asked if the city had reviewed the potential requirement of a performance bond on street construction and maintenance. Ms. Kee replied that there may be various legal instruments to ensure maintenance for future years. Further discussion ensued on this particular issue, Project Engineer Mike McClure of 9262 Brookwater Circle stated that it is important to resolve the question of the gate because the property is marketable at this time. He agreed with the staff recommendations. Regular 5~8~97 Page 5 David Scarmardo, 1419 Holik addressed the Council on the issue of the HOA. In response to Mr. Kennady's question, he noted the difficulty to obtain a performance bond. He suggested an assessment on homeowners for monies to be placed in a fund used solely for road maintenance. Public Works Director Mark Smith provided an estimate of maintenance for city streets, $.50 per square yard of pavement per year. He estimated $2,400 per year for this particular street in Grand Oaks to set aside for future maintenance. Councilman Birdwell moved to delay consideration until such time the developer brings forth a homeowner agreement which shall demonstrate the adequate funds available to guarantee future maintenance. Mayor Protem Kennady seconded which carried 5-1, Councilman Mariott opposed the motion. 7d: Consider payment for vadous electric transmission (wheeling) char.(;c- for 1997 based on decision of the Public Utility Commission of Texas. Councilman Birdwell made a motion to authorize payment as established by the net payment matrix complied by the Public Utility Commission. Motion was seconded by Councilman Hickson which carried unanimously, 6-0. 7e. Consider appointment to citizen committee -- Economic Development Corporation. Councilman Hickson moved to appoint Mayor Protem Kennady as a member for a three year term. The motion was seconded by Councilman Mariott which carried unanimously, 6-0. Councilmembers agreed to set a limit of two councilmembers for membership on the EDC Board. A request was made for a copy of the bylaws. 7f: Consider resolution supportin.q the creation of a federal district divisional court in Bryan/College Station. Councilman Mariott made a motion to approve the resolution as presented. Councilman Hickson seconded the motion which carried unanimously, 6-0. Regular 5~8~97 Page 6 The council returned to items not discussed previously at 3:00 p.m. Workshop Item No. 11 -- Review and discuss the Texas Municipal Lea.qu,, Finance Director Charles Cryan and councilmembers discussed several legislative bills of interest. Workshop Item No. 12 --Committee Repo~_ Mayor Mcllhaney reported on her attendance at a luncheon on May 5th at the Hilton to hear from Bill Gothard of the Institute in Basic Life Principles on the programs offered for youth at risk. This topic will be placed on a future workshop agenda. Workshop Item No. 13 -- Council Calendars. May 15, 1997 -- City of Burnet, Region X meeting May 30, 1997 -- Community Breakfast June 1-2, 1997 -- Council Retreat Del Lago Regular Item No. 8 -- Hear Visitors. Dennis Maloney spoke on behalf of the Historic Preservation Committee on the lighting motif for Southside. Two years ago, he was provided $10,000 for funding of the project. However, the money is no longer available. He asked that this money be reallocated for this project. Staff was asked to respond. Workshop Item No. 14 -- Executive Session. The council moved to executive session at 9:20 p.m. A. Pending or Potential Litigation {LGC 551.071} 1. PUC Docket 15296 2. Northgate 3. Cause Number 96-03168 4. Cause Number 97-02587 B. Legal Report {LGC 551.071} Regular 5~8~97 Page 7 Regular Item No. 9 -- Action on executive session, The council returned to open session at 9:35 p.m. Re,qular Item No. 10 -- Adjourn. The meetings were adjourned at 9:35 p.m. PASSED AND APPROVED this the 22nd day of May, 1997. City Secretary Connie Hooks APPROVED: M~ay~' Lynn Mc haney '0~ GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, MAY 8, 1997 7:00 P.M. GUEST REGISTER WORKSHOP MEETING OF THE CITY COUNCIL THURSDAY, MAY 8, 1997 3:00 P.M. 13. 8. 18. 9. 19. 10. 20.