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HomeMy WebLinkAbout10/12/1995 - Regular Minutes City CouncilMayor LARRY RINGER Mayor ProTein LYNN MCILHANEY City Manager GEORGE IC NOE COLLEGE STATION Cotmcil Members BILL FOX HUB KENNADY LARRY MARIOTT DAVID HICKSON NANCY CROUCH MINUTE~ COLLEGE STATION CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 12, 1995 7:00 P.M. COUNCILMEMEERS PRE~ENT: Mayor Ringer, Mayor Protem Mcllhaney, Councilmembers Hickson, Kennady,. Fox Marlott COUNCILMEMBERS ABSENT: Councilmember Crouch STAFF PRE~ENT: City Manager Noe, City Secretary Hooks, Assistant City Manager Brymer, Assistant City Manager Woody, Executive Director Management Services Piwonka, Public Information Officer Calliham, MIS Director Bauer, City Attorney Locke, Assistant City Attorney Sexton PRESENTATION.~ (P-l) Proclamation signed by the Mayor recognizing October 16-20 as Brazos Valley Business and Professional Women's Week was presented to Barbara Dever. (P-2) Recognition by Mayor and City Council to Steve Beachy, Parks and Recreation Director for his completion of the professional development training the Federal Emergency Management Institute. City of College Station Providing Citstomer Service Excellence Council Regular Meeting Thursday, October 12, 1995 Page 2 STATUTORY AGENDA (S-1) Ratification of four optional relocation program construction contracts to Orion Construction in the amount of $145,460. One owner occupied rehabilitation contract was awarded to Rios Carpentry for $15,450. Puroflrst was awarded a HOPE 3 Rehabilitation contract in the amount of $16,510. This item was approved by common consent. CONSENT AGENDA (C-1) Approved minutes for regular city council meeting of September 28, 1995. (C-2) Approved contracts with governmental non profit organizations for FY 1995-96 as included in the City of College Station budget, as follows. Arts Council of Brazos Valley, $155,000; Brazos Beautiful, Inc., $17,000; Aggie Swim Club, $15,400; Brazos Valley Council on Alcohol and Substance Abuse, $25,000; Bryan College Station Joint Economic Development Corporation, $157,000; Brazos County Health District. (C-4) Approved HSI Consulting Architects of Bryan for the Wayne Smith Park implementation project funded by 1995 General Obligation Bonds (C-5) Approved final plat (ETj replat) for 11.75 acres of Benjamin Graham Subdivision, all of Blocks D and E, and parts of Lots 7 and 9. {95-228). (C-6) Approved contract to ENSCO for collection and disposal services related to the Household Hazardous Waste Collection event to be held on November 11, 1995. (C-7) Ratification of emergency purchase order in the amount of $45,133 to Alsay, Inc. for emergency repairs to Water Well No. 3. The above consent agenda items were approved by common consent. (C-3) Approved Resolution nominating Larry Mariott as a candidate for officer on the Brazos County Appraisal District Board. Council Regular Meeting Thursday, October 12, 1995 Page 3 Mayor Ringer removed this item from the consent agenda. Mayor Protem Mcllhaney made a mot/on to appoint Larry Mariott to the Brazos County Appraisal District Board. The motion was seconded by Councilman Kennady which carried unanimously, 6-0. REGIKAR A~ENDA (R-l) Public hearin_~ mhd cnnsJap-rneinn of An nnlenrlm~nt to th~- Zonin_~ Ordinance to clarify, the inter-re!n_tionmhIp between tb~ overlay district and any nnderl.vtn~ district (95-809) City Planner Jane Kee explained that the proposed amendment shall clarify the overlay district regulations. Mayor Ringer opened the public hearing. No one spoke. Mayor Ringer closed the public hearing. Councilman Mariott moved approval of Ordinance No. 2151. The motion was seconded by Councilman Fox which carried unanimously, 6-0. (R-2) Public hearing -nd consideration of a re.ulat of T~_t 9R of Sandstone Addition.. located at the corner of -~Andmtone Drive RnA Oakwood Trail. As the applicant for this item, Councilman Kennady removed himself from the council dias during deliberations. Assistant City Engineer Veronica Morgan presented the staff report. The applicant requested a replat of lot 9R, a 3.93 acre lot in the Sandstone Addition. The original lot is being subdivided into two lots with one being 1.97 acres and the other being 1.96 acres. There has been opposition expressed to this replat by the surrounding property owners. Concerns were focused on violations of deed restrictions in the Sandstone subdivision. Assistant City Attorney Mary Margaret Sexton provided examples to clarify the enforcement procedures with deed restrictions and subdivision ordinances, as well as the council authority with respect to plat approval. She displayed overhead visuals defining deed restrictions and standards for city review of a replat. Council Regular Meeting Thursday, October 12, 1995 Page 4 Ms. Morgan continued by explaining that the Planning and Zoning Commission recommended approval. She explained the council's option toward consideration of this item is as follows: Act on the plat or to allow the plat to be approved by operation of law. Staff recommended approval of the plat as it meets the subdivision ordinances and development policies. Mayor Protem Mcllhaney asked the staff to explain the location of the utility easement and their input as to future construction on the lot. Prior to the public hearing, Mayor Ringer pointed out the protocol for audience participation. Earl Havel, 4444 S. Carter Creek Parkway, Suite 108, of Garrett Engineering came forward to support the replat and answer any questions of the Council. Mayor Protem McIlhaney expressed a concern about the location of the utility easement. Applicant, Hubbard Kennady of 8900 Sandstone approached the Council to express his views as a proponent of this replat. He noted that there have been numerous violations of the deed restrictions, in which the Architectural Control Committee did not approve. He responded to Mayor Protem McIlhaney's concern about the location of the utility easement. She asked Mr. Kennady if he considered relocating the easement to accommodate future construction. Mr. Kennady replied that he would be amenable to move the utility easement 25 feet back from current location and closer to the pond. He added that this consideration would be consistent with his discussions with his neighbors to agree to have a house built as far back on the lot as possible. Monta Kennady, 8900 Sandstone, addressed the Council. She outlined four major points quoted below: "Point No. 1: Our lot, under the original Sandstone neighborhood subdivision plat was 2.28 acres. The requested replat was simply to return this lot closer to its original size. The replat request for Sandstone lot 9R to become 9RA and 9RB is in complete compliance with the College Station City Ordinance for replat and was approved unanimously by the College Station Planning and Zoning Committee at their last meeting. Council Regular Meeting Thursday, October 12, 1995 Page 5 Point No. 2: The Sandstone Subdivision deed restrictions have been broken, ignored, and abused, for individual members' benefit to the point where our denial of replat by the three person Architectural Control Committee is very arbitrary and discriminatory. I know this is not necessarily an issue for the City Council as it pertains to deed restrictions. Point No. 3: We do not feel that what we propose in any way, will lessen the overall country feel of the neighborhood or lower property values. The lot size is consistent with other lots already in existence and larger than the smallest lot in the neighborhood. We feel this will improve the overall appearance of the neighborhood and add to the city's tax base. It is consistent with the general plan and scheme of the neighborhood. Point No. 4: The previous occupant of our home, John Stropp was denied a replat of this same lot in 1993 by the Architectural Review Committee. Some feel we knew this and are ignoring this fact. However, John was proposing a 1.72 acre plot, significantly smaller than the 1.96 we propose. The reason John's replat was denied by the Architectural Review Committee was he wanted to create a lot smaller than any existing lot in the neighborhood. This is no longer a valid reason for denial as currently the smallest lot in the neighborhood is 1.93 acres." Ms. Kennady continued to briefly summarize that this lot would be consistent with most other lots in the neighborhood. She defined a case in which the deed restrictions were violated. Gerald Miller, 8901 Sandstone Drive, addressed the Council. He recognized this issue as a moral and ethical issue, not a legal concern. Mr. Miller acknowledged a recent meeting held prior to the council meeting between Mr. Kennady and his neighbors to discuss various options. Mr. Miller asked the Council to waive the thirty day rule, and allow citizens to discuss this issue further with Mr. Kennady. Staff remarked that the state law takes precedent and Mr. Miller's request would be invalid. Mr. Miller overemphasized that this issue is no longer a legal issue. He urged council to put legal standards aside, and act above any legal issue. Ray Martin, 7803 Appomattox, spoke to the Council about the moral standards involved in this issue. Council Regular Meeting Thursday, October 12, 1995 Page 6 Patsy Deere, 1500 Frost, representing the East Bypass Homeowners Coalition Group, read a written statement as follows: "As representatives of our respective homeowner's associations, we are very concerned about the possibility of the City of College Station over ruling our deed restrictions. These deed restrictions are on file with Brazos County as required to ensure their legality. Deed restrictions are essential to provide security for those who choose to invest in property and subdivisions. There are always those who feel they do not need to follow the rules that have been established for the good of all residents. We ask the City of College Station not to create problems for our subdivisions by over turning these restrictions." Tony Jones, 710 Canterbury, original owner and developer of Sandstone, addressed the Council. He voiced his opposition to the points made by the applicants regarding previous decisions of the Architectural Review Committee. Dick Startzman, 2009 Oakwood Trail, described his involvement with Lot 9R. He opposed the replat. Mary Eikenhorst, 2000 Oakwood Trail, urged the Council to waive consideration at this time in order to allow the applicant and neighborhood to discuss other options suitable for everyone. Marianne Murray, a resident of the Wlndwood Subdivision, spoke to the Council about the enforcement of deed restrictions. Gene Clark, 1302 Sussex, Woodcreek Subdivision, addressed the Council. He noted that he presently serves as President of the Stonebridge Homeowners Association and a member of the Architectural Control Committee. He urged the Council to support the concept of deed restrictions, because of the monetary appraisal value of property. Because of the property interest, he urged the City's moral support toward any subdivision which has effective deed restrictions. Linda Rundell, 9213 Riverstone, Shadowcrest Homeowners Association, spoke to Council about the possibility of redefining the platting process, as well as general issues regarding deed restrictions. She opposed Mr. Kennady's request because of its denial of the Sandstone ARC. Council Regular Meeting Thursday, October 12, 1995 Page 7 Mayor Ringer closed the public hearing. Councilman Hickson expressed comments regarding his involvement in a homeowner's association. Councilman Mariott moved approval of the replat as submitted. The motion was seconded by Councilman Fox. Mayor Protem McIlhaney made a motion to amend Councilman Mariott's motion to include the condition that the easement be moved back 25-30 ft. The motion was seconded by Councilman Fox. The vote was taken on the amended motion which was defeated, 5-0. The original motion carried by a vote of 5-0. Councilmember Kennady left the meeting at 8:20 p.m. (R-3) Public hearin~ gnd consideration of the secon& of readin_~s of gn ordtnsance ~e~se to TA~ Realty to lighting: nnd to erect sand nlsain~_nin s~hdlvtsion si_o'nsa~e in the Woodcreek Subdivision with city rights of way. Assistant City Engineer Veronica Morgan was available for questions by the Council. Mayor Ringer opened the public hearing. No one spoke. He closed the public hearing. Councilman Mariott made a motion to approve the second reading of the franchise ordinance. The motion was seconded by Councilman Hickson which carried unanimously, 5-0. (R-4) Public hearing sand consideration of san application for san oll and gas operations permtt for the T~MU Well No. 2 as reouested by the proposed operator; Union Pacific Resources (1ompm~.~ of Fort Worth_. Texas (9500W-03) City Council Regular Meeting Thursday, October 12, 1995 Page 8 Staff Planner Joey Dunn presented the item. Mayor Ringer opened the public hearing. Emest Bruchez, attomey representing UPRC came forward to answer any questions of the council. No questions were asked. Mayor Ringer closed the public hearing. Councilman Fox commended UPRC for their reputable drilling record and operation activity. Mr. Bruchez replied that he will relay his gratitude to the UPRC officials. Councilman Fox moved approval of the application for the oil and gas operations permit for TAMU Well No. 2. The motion was seconded by Councilman Hickson which carried unanimously, 5-0. (R-5) Consideration of a fins! plat for S/h_~-~nndonh Phase Three revised master ~relimlnn~ ~lat for ~h~n~nmh phnme ~o-~ve located southwest of ~n~on Road (05-235 & ~4-314) Assistant City Engineer Veronica Morgan indicated that the developer desires a change in the phase lines to avoid having any temporary dead end streets, where a temporary cul-de-sac may be necessary. Councilman Mariott moved approval of the final plat as presented. Councilman Hickson seconded the motion which carried unanimously, 5-0. (R-6) Consideration of renewal of the College Station Ecoa_timid- Development Policies n~d Incentives Councilman Mariott moved approval of the Economic Development policies and incentives. Mayor Protem McIlhaney seconded the motion which carried unanimously, 5-0. (R-7) Public hearln~ nnd consideration of sn orally=nee desi~nntin~ = portion of the College Station Busi~e_ms Park as R~lnvestm~t Zone, Number Two for commercJR! tn= Rhatement Mayor Ringer opened the public hearing. No one spoke. He closed the public hearing. Council Regular Meeting Thursday, October 12, 1995 Page 9 Councilman Marlott moved approval of Ordinance No. 2152. The motion was seconded by Councilman Hickson which carried unanimously, 5-0. (R-S) Consideration of conv~nnnts snd re_~trictions s~overntu~ development in the Business Center at Colle_~e StntiOn Councilmembers made corrections to the written document. Councilmember Mariott made a motion to approve the document with corrections. The motion was seconded by Councilman Fox which can-led unanimously, 5-0. (R-0) Consideration of a reo_~p-st for ,?_t~rade of AS400 model E-45 to AS400 Advanced Series 310#2044 in the nmonnt of $48o?25o. MIS Director Nancy Bauer explained the request for the computer update. Councilman Hickson moved approval of the computer upgrade from HTE in the amount of $489,480. The motion was seconded by Councilman Fox which carried unanimously, 5-0. (R-10) Consideration of Fseade Im.urov~-ment Program administrative _~uidellnes. Mayor Protem Mcllhaney move approval of the administrative guidelines. These guidelines were presented and discussed at the workshop meting held on Wednesday. Councilman Hickson seconded the motion which carried unanimously, 5-0. Periodic reports will be provided by staff. (R-11) Hear Visitors. George Sopasakis, 301C Patricia, addressed the Council. He pointed out from his viewpoint, certain inconsistencies and discrepancies with regard to the Northgate revitalization study. City Manager Noe strongly conveyed his disappointment in the consultant's professionalism on this matter. Mayor Ringer replied that the Council at this point has not seen a report from the consultants and has not made a decision for the any demolition of property in Northgate. He assured Mr. Sopasakis that the Consultants Council Regular Meeting Thursday, October 12, 1995 Page 10 and the Steering Committee are advisory in nature, and the Council is the final authority. Mayor Ringer stated that the council's goal in Northgate is to protect and encourage economic development and commercial development. Tara Sopasakis, 301C Patrlcia, came forward. She communicated her feelings about the Northgate study and asked for honest feedback from the Council about their intentions in the Northgate project. Mayor Ringer remarked the open meetings laws with respect to executive session matters. The purpose of the city's acquisition of property in Northgate was because the City also owned a small piece of property, and other acquisitions would consolidate property. If there were a public purpose which could be served, the city would have the ability to pursue development. He added that there are no immediate plans to dislocate businesses. He regrets the rumors. Debra Boyett, 502 Boyett, came forward to express her frustrations about the HOK consultant's study. She referred to a letter sent to her from the city referencing options to purchase or condem her property. (R-lO.) Ad_iourn Mayor Ringer adjourned the meeting at 9:25 p.m. APPROVED: GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, OCTOBER 12, 1995 7:00 P.M. .4