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HomeMy WebLinkAbout02/22/1996 - Regular Minutes City CouncilMayor LARRY RINGER Mayor Pro Tempore LYNN MCILHANEY City Manager GEORGE K. NOE COLLEGE STATION Council Members BILL FOX HUBBARD KENNADY LARRY MARIOTT DAVID HICKSON NANCY CROUCH MINUTES COLLEGE STATION CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 22, 1996 at 7:00 P.M. COUNCILMEMBERS PRESENT: Mayor Ringer, Councilmembers Fox, Mariott, Hickson, Kennady, Crouch COUNCILMEMBERS ABSENT: Mayor Protem Mcllhaney STAFF PRESENT: City Manager Noe, City Secretary Hooks, City Attorney Locke, Director of Economic and Development Services Ash, Asst. Director of Economic and Development Services Callaway, Staff Planner Kuenzel, Assistant City Attorney Nemcik Mayor Ringer opened the meeting at 7:00 p.m. Mayor Ringer presented certificates of appreciation to individuals who served on the Affordable Housing Task Force: Helene Weber, Frank Towery, Jr. Tom Aughinbaugh, Sara Loepert, Don Jones, Gerald Smith, Becky Silloway, Sue McBeth, Sandy Davis, and Tom Wilkinson. Elrey Ash, Director of Economic and Development Services and professional engineer accepted the proclamation for "Engineer's Week", February 18-24, 1996. STATUTORY AGENDA (S-l) Approved payment for financial analysis consultants (FINANCO) in the amount of $20,168.12, budget amendment No. 1, FY 95-96. (S-2) Approved transmission agreements and authorized payment for transmission service already provided by HL&P, $29,868.61 and C&SW, $25,311.26. Funds available in Purchase Power Budget. The above items were approved by common consent. CONSENT AGENDA (C-1) Approved council meeting minutes for Workshop Meeting of February 7, 1996, and Regular Meeting of February 8, 1996. Providing Customer Service Excellence Council Regular Thursday, February 22, 1996 Page 2 (C-2) Approved contract with Hidell and Associates as architect for Library and Planning Services for the College Station Library. (C-3) Approved construction contract to Alsay Inc. of Houston for construction of College Station Water Well #5 in the amount of $1,381,410. (C-4) Approved rental rehabilitation project contract for Las Casitas Apartments. Funds available in City's 1994 CDBG grant in the amount of $60,000. (C-5) Approved contract with HDR Engineering, Inc. for engineering services related to the Fill Sectors 13 and 14 Development project at the Rock Prairie Road Landfill, Funds available in the 1995-96 BVSWMA budget in the amount of $176,743. (C-6) Approved expenditure of funds for payment of legal fees to Jenkens and Gilchrist in the amount of $24,394.61 for November and December, 1995. (C-7) Approved expenditures of funds for payment of legal fees to Bickerstaff, Heath & Smiley in the amount of $7,325.71 for November 15-December 15, 1995 and $3,309 for December 16, 1995-January 15, 1996 for a total of $10,634.83 for electrical power negotiations and litigation. (C-8) Approved oversized participation on a 12" waterline for Crystal Park expansion in the amount of $6,570.00. REGULAR AGENDA (R-l) Consideration of a resolution encouraging the Texas Department of Transportation expedite restripin.q the SH 60 overpass at the East Bypass and Iowerinq speed limit on SH 60 in the vicinity of Scoff & White hospital. Councilwoman Crouch moved approval of the resolution. Councilman Kennady seconded the motion which carried unanimously, 6-0. Mayor Ringer requested staff to prepare a letter for his signature in response to a citizen's concern about the 70 mph speed limit along East Bypass. (R-2) Public Hearinq to consider rezoninq 34 acres from R-1 SinRle Family and A- O A,qricultural Open to M-1 Planned Industrial. Jim Callaway explained the rezoning request. Property in question is located at the southeast corner of Sebesta Road and East Bypass. Applicant, William Dahlstrom, representing Bob Bowers owner of Texas Digital Systems. The applicant desires to develop 34 of the 69 acres as a site for his business and comparable neighborhood businesses. The applicant met with the adjacent neighborhood associations to resolve any concerns. Council Regular Thursday, February 22, 1996 Page 3 The applicant has voluntarily submitted deed restrictions to limit the uses permitted in the zone, limit the height of the structures to two-stories, require 90% of exterior to brick, masonry, stone, precast concrete or stucco, prohibit outside storage, require lighting to be directed into the property and prohibit emission of odors or noise which would constitute a nuisance. Applicant has indicated a willingness to rezone his property to what will be a new "research and development district" zoning classification developed over the next several months by the city staff. Staff recommended approval of the request with the conditions stated below: · City be granted property interest to ensure provision of enforceability of the deed restrictions, an issue which will be a part of the platting process. · The zoning ordinance will be executed upon the filing for record of deed restrictions. · Limiting access to the frontage road · The owner will accept a new rezoning to the R&D classification when it becomes available. Questions were asked by councilmembers in regards to the enforcement of deed restrictions. Asst. City Attorney Roxanne Nemcik described the statutory requirements for enforceability of deed restrictions. Staff recommended that the city take a property interest in the subject property in order that the city be able to enforce the deed restrictions. Nemcik clarified that this is a unique situation in that the city has been a given a property interest and the owner designated the ability for city to enforce. The deed restrictions provide for indemnity to the city and the city shall be released from any causes of action. Mayor Ringer opened the public hearing. Bill Dalhstrom, representing the owners, presented a bdef history of the zoning case. Bill Scarmardo, architect for the project, described the rendition of the proposed buildings for Texas Digital Systems headquarters. Col. R.E. Wilson, 9245 Brookwater, remarked that he was pleased with the trust developed between the citizens and staff. Stacy Gunnels, 1007 Howe, in Foxfire Subdivision supported the rezoning request. She emphasized the following statements: Council Regular Thursday, February 22, 1996 Page 4 Due to the non defined classification of research and development, it is strongly recommended that one or more representatives from the neighborhood associations be included in the planning and drafting stages of the ordinance. It is the understanding that the city will accept the rezoning request for property along the East Bypass until such time as the comprehensive land use plan is approved, and the new zoning ordinance is in place; however, since this specific request has been in the works for some time, and because of the proactive stance of everyone involved, it seems logical to proceed with this. It is not to be viewed by either the city or developers as an endorsement or carte blanche for other rezoning requests involving property along the East Bypass; these should be withheld until the Comprehensive Land Use Plan and the new zoning ordinance is approved. The proposed new R&D zone should not be viewed as step down zones, or buffer zones to be used between neighborhoods and other zones such as C-1, C-2, or M-1. Rezoning for this property should not add any pressure to rezone other property along the East Bypass to heavier zones deemed incompatible with existing neighborhoods. Ms. Gunnels concluded her remarks. Questions continued by the Council regarding citizen consensus and the conditions of the rezoning, i.e. deed restrictions. Richard Crooks, 2517 Fitzgerald, expressed opposition to the proposed rezoning. He asked council to consider delaying consideration of this item until the master comprehensive land use plan is complete. Other comments followed. Linda Rundell, a representative of the Shadowcrest Homeowners Association supported the rezoning proposal. Mayor Ringer closed the public hearing. Councilman Mariott moved approval of the rezoning request with staff's recommendations. The motion was seconded by Councilwoman Crouch. Councilman Hickson made an amended motion to reflect that once the R&D zone is designated for this property, that the deed restrictions become null and void. Councilman Kennady seconded the motion. Council Regular Thursday, February 22, 1996 Page 5 Following deliberation of the amendment, the motion defeated 2-4, Councilman Hickson and Kennady voted in favor of the amended motion. The vote was taken on the original motion and carried 5-1, Councilman Kennady voted against. (R-3) Public hearing and consideration of rezoning 50 acres located on the northeast corner of Schaffer and Graham Road intersection in the Robert Stevenson League from A-O Agricultural Open to R-2 Duplex (32.72 acres and R- lA single family residential (17.28 acres) (96-109). Staff Planner Sabine Kuenzel presented an historical overview of this item. This request is being proposed for duplex development on 33 acres bisects the property and single family on 17 acres north of creek. The request is in compliance with the Land Use Plan and Development Policies, but does not comply with the thoroughfare plan because of the condition of Graham Road, Schaffer, and Arnold. Staff has no concern for Graham Road because the future improvements will upgrade the road to adequate levels of service. However, the Thoroughfare Plan shows a north-south collector and a connecting east-west collector that would need to be included in a development plan. Two options are available: 1. Upgrade the existing ROVV's to collector standards. 2. Relocation of two collectors to the interior of the proposed development. Kuenzel noted that residences along Aster and Hasselt are strongly opposed to any increase of traffic in the neighborhood. Traffic projections showed traffic volume three times the current traffic flow. Kuenzel further explained to the Council that the applicant must show compliance with the land use plan as well as the thoroughfare plan in order to receive rezoning. At this point, the city would like to avoid any future requests, if property is rezoned, that a plat not include a collector system. Mayor Ringer opened the public hearing and urged the audience members to address issues on the rezoning, because the traffic concerns have already be related to council by citizens and staff. Mayor Ringer clarified staff recommendations to table the request and continue to work with the developer and the public toward a mutual understanding on the areas of concerns and return to the council Don Garrett of Garrett Engineering, representing the applicant addressed the Council and stated that he intends to work with the public and staff to resolve the concerns regarding the collector streets. Council Regular Thursday, February 22, 1996 Page 6 Joe Courtney, 1308 Esther in Bryan, spoke in favor of the rezoning. He urged council to consider the rezoning tonight subject to a resolution of the problem. Andy Bland, 703 Hasselt, spoke against the rezoning because of the decrease in property values due to development of nearby duplexes. Larry Rilett, 718 Aster, addressed the Council in opposition of the connector streets to the subject property. Scott Atkinson, 701 Aster, presented slides of the neighborhood. He urged council to deny the rezoning. Gene Jarske, 720 Hasselt, spoke against the rezoning due to the primary concern for increased traffic and councilmembers for the time to continue working with staff. Beth Tabor, 1428 Hawktree, future resident on Aster, addressed the Council on her concerns in opposition to an R-2 zone. Stephen Chambers, 708 Hasselt, reiterated the concerns on traffic flow. Ed Beck, 706 Hasselt, requested the neighborhood be given the opportunity to work with staff on these concerns. Robert Lemon, 721 Aster, recognized the audience members interested in delaying this rezoning. Mayor Ringer closed the public hearing. Councilman Hickson made a motion to table the rezoning request. Councilwoman Crouch seconded the motion, 6-0. (R-4) Public hearinq to consider a final plat on a portion of Block 23, College Park Subdivision (96-201). Civil Engineer Steve Homeyer explained the request. Property located at the southwest corner of Park Place and South Dexter. Approval of final plat will rectify an illegal subdivision that took place since the adoption of Subdivision Regulations in 1970. Applicant Jim Morgan, 700 South Dexter was available for questions. Mayor Ringer closed the public hearing. Council Regular Thursday, February 22, 1996 Page 7 Councilwoman Crouch moved approval of the final plat. Councilman Kennady seconded the motion which carried unanimously, 6-0. (R-5) -- Public hearing and consider proposed budget amendment 1: a) authorizing a reduction in appropriation of $3,450~000 in the Electric fund recognizing the net effect of the savings from new purchase power agreement with Texas Utilities and increased costs due to litigation: b) appropriations in the Wastewater Utility Revenue Bond fund in the amount of $1,315,000 for plant improvements, line rehabs, and Texas Ave. wideninQ: and c) provide an appropriation, $893,700 for operations of Cedar Creek Apts. repayment of Electric Fund for internal loan and disposition of property. Budget Director Charles Cryan addressed this item. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilman Hickson moved approval of Ordinance No. 2168. Councilman Fox seconded the motion which carried unanimously, 6-0. (R-6) Approval of transfer of landfill permit no. MSW-1444A from City of College Station to Brazos Valley Solid Waste Management Aclencv. BVSWMA Director Bill Angelo addressed the following three items. The transfer of a municipal landfill permit requires approval of the entity transferring the permit and acceptance from the entity receiving the permit. If approved, it would be necessary for BVSWMA to accept the permit. It is necessary for both cities to approve the acceptance of the permit on behalf of BVSWMA. Councilmembers asked questions about the alternative landfill sources. Councilman Hickson moved approval of the transfer of permit to BVSWMA. The motion was seconded by Councilman Fox which carried unanimously, 6-0. (R-7) Approval of acceptance of transfer of Landfill Permit No. MSW-1444A from City to Brazos Valley Solid Waste Management Agency. Councilman Fox moved approval of the acceptance of the transfer from the City of College Station to BVSWMA. Councilwoman Crouch seconded the motion which carried unanimously, 6-0. Council Regular Thursday, February 22, 1996 Page 8 (R-8) Approval of joint resolution from the City of College Station and City of Bryan providing financial assurance for proper construction, operation, maintenance, closure, and post closure care of Rock Prairie Road Landfill. Assistant City Manager Tom Brymer presented an historical perspective on the assets of both entities. Councilman Mariott made a motion to approve the joint resolution. The motion was seconded by Councilman Hickson which carried unanimously, 6-0. {R-9) Consideration of resolution for purpose of approving the Greater East Texas Higher Education Authority, Inc. 19965 $79,250,000 student loan revenue refunding bond issue. Councilman Kennady moved approval of the resolution. The motion was seconded by Councilman Mariott which carried unanimously, 6-0. Larry Holt, General Counsel for Greater Texas Student Loan Corporation thanked the council for their support. (R-10) Consideration of resolution to authorize staff to submit Community Oriented Policing Services application. Councilwoman Crouch moved approval of the resolution. Councilman Fox seconded the motion which carried unanimously, 6-0. (R-11) Consideration of an extension to the Development Agreement between the City of Colleqe Station and North American Transit Inc. Councilman Hickson moved to approve the six month extension to North American Transit, Inc. with an additional clause that additional extensions may be granted administratively by staff and the council will be informed of any extensions, 4-2, Mariott and Kennady voted against. (R-12) Hear Visitors. No one spoke. {R-13) Adjourn The council moved back into closed session at 9:45 p.m. The council returned to open session at 10:45 p.m. The following action was taken. Council Regular Thursday, February 22, 1996 Page 9 Councilman Kennady moved to increase the annual salary of the City Secretary by 4%, and to give the City Secretary a performance bonus in the amount of $1000.00 for completion of TMCCP certification program. Councilman Mariott seconded the motion which carded unanimously, 6-0. Councilwoman Crouch made a motion to increase the annual salary of the City Manager by 4% to an amount of $101,500. This motion was seconded by Councilman Mariott which carried unanimously, 6-0. Councilman Kennady made a motion to give the City Manager a corporate membership to Pebble Creek. The motion was seconded by Councilman Madott which carried unanimously, 6-0. The meeting was adjourned at 11:30 p.m. ~. ~,~TEST: City Secretary Connie Hooks APPROVEDr:~--~ GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 22, 1996 7:00 P.M.