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HomeMy WebLinkAbout09/22/1994 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 22, 1994 7:00 P.M. COUNCILMEMBERS PRESENT:Mayor Protem Mcllhaney, Councilmembers Fox, Mariott, Crouch, Kermady COUNCILMEMBERS ABSENT: Mayor Ringer, Councilmember Hickson STAFF PRESENT: Assistant City Manager Brymer, City Secretary Hooks, City Attorney Locke, City Planner Kee, Assistant Development Services Director Callaway, Transportation Planner Hard, Public Information Officer Calliham, Executive Director of Fiscal/Human Resources Schroeder, Assistant City Manager Woody VISITORS PRESENT: Refer to guest register Mayor Protem Mcllhaney opened the meeting at 7:00 p.m. The council agreed to move Item No. 3 to the beginning of the agenda. Aeenda Item No. 3 - Presentation of historic murals from Festifall '93 by sponsors of the project from Victoria Bank- Public Information Officer Peggy Calliham recognized representatives from Victoria Bank, Mervin Peters and Mary Makins. Tim Jones, branch manager of Victoria Bank and Trust located on Rock Prairie Road came forward. Mr. Jones complimented the College Station City staff'for their dedicated efforts toward the new bank structure recently completed on Rock Prairie Road. He displayed portraits rendered by local artist, Ann Rife for the 1993 Festifall event. Mayor Protem Mcllhaney mentioned that the paintings will be displayed at the Conference Center. Aeenda Item No. 1 -- Statutory Agenda (1.1) Ratification of two corrections to the contract with Solutions for Government for the replacement of the Customer Information System. City Council Regular Meeting Thursday, September 22, 1994 Page 2 (1.2) Ratification of a contract for emergency rental of three fourteen-yard dump trucks and three operators at $65.00 per hour. Services required to maintain compliance with Texas Natural Resource Conservation Commission. Estimated contract period, 12 hour work days for 30 days. Funding available in FY 93-94 Landfill fund. Staff recommended award to Jim Noey Construction in the amount of $37,800. (1.3) Approved $177,600. *** $27,000*** *** $ 6,824*** *** $49,306*** *** $46,600*** *** $25,000*** *** $22,970*** agreements with the following social service agencies in the amount of -- Brazos County Rape Crisis Center -- Brazos Valley Communtiy Action Agency -- Health for All Clinic -- MHMR - Child/Adolescent Program -- MHMR - EarlyChildhood Intervention Program -- Sheltering Arms (1.4) Approved General Fund Contingency transfer to pay consultant hired for outside public funding agency review for City Council in the amount of $26,000. (1.5) Approved Resolution No. 9-22-94-1.5 for approval of Brazos County Emergency Communication District FY 94-95 Budget. The statutory items were approved by common consent. Aeenda Item No. 2 -- Consent ARendn (2.1) Approved Council Minutes for August 10, 1994 and August 31, 1994. (2.2) Approved Ordinance 2088 adopting the ad valorem tax rate of $0.4450 per $100 taxable value for the City of College Station for FY 94-95. Councilman Kennady removed this item for discussion. He voiced strong opposition toward the proposed tax rate. Councilman Crouch made the motion to approve the ad valorem tax rate of $0.445 tax rate. Councilman Fox seconded the motion which carried by a vote of4-1, Councilman Kennady voted against the motion. (2.3) Approved request by George Bush Presidential Library and Museum public relations subcommittee of the B/CS Chamber of Commerce to place signs in College Station promoting the library. City Council Regular Meeting Thursday, September 22, 1994 Page 3 (2.4) Approved Change Order No. 2 in the amount of $15,711.48 to the College Station Business Center - Phase I, for an extension to the proposed 30" storm sewer line to redirect the flow of an existing swale. (2.5) Approved Ordinance No. 2089 amending Chapter 11, Section 2, of the Code of Ordinances, relating to the schedule of rates for sewer service. (2.6) Approved Resolution No. 9-22-94-2.6 to authorize Mayor, City Manager, City Attorney to acquire a 0.0489 acre tract for temporary use during the reconstruction of College Main, for installation and maintenance of curb, gutter and sidewalk, and a 0.0016 acre tract for a permanent public utility easement for the installation and maintenance of a sidewalk and handicap ramp. Amount of acquisition, $270.00 from Community Development Block Grant Funds. (2.7) Approved Resolution No. 9-22-94-2.7 to authorize Mayor, City Manager, City Attorney to acquire a 0.0087 acre tract located at 301 College Main for temporary use during the reconstruction of College Main for installation and maintenance of curb, gutter, and sidewalk at the right-of-way line. Amount of acquisition, $85.00 from Community Development Block Grant Funds. (2.8) Approved preliminary ETJ plat of Texas World Speedway Subdivision consisting of 616.2 acres (17 lots including the Texas World Speedway tract and 16 rural lots, 94-313). (2.9) Approved master preliminary plat of Shenandoah Subdivision Phases 2-5 consisting of 165 single family lots (46.6 acres) located just south of Barron Road, 94-314. (2.10) Approved funding and authorization to negotiate a contract for Community Enhancement Program for College Station. 60% General Fund Contingency - $42,000; 25% Electric Fund Contingency - $17,500, 10% Sanitation Fund Contingency - $10,500. (2.11) Approved award of property and liability insurance program renewals for City of College Station and Brazos Valley Solid Waste Management Agency. Executive Director for Fiscal/Human Resources Glenn Schroeder provided updated information to the Council regarding providers for public official liability program. Staff recommended that the Gallagher Group provide the public official liability program. In addition, the Texas Municipal League for the workers compensation program at a retention level to $100,000. City Council Regular Meeiing Thursday, September 22, 1994 Page 4 Councilman Crouch moved to approve staff recommendations. Councilman Kennady seconded the motion which carried unanimously,. 5-0. Items No. 2.1, 2.3 -- 2.10 passed by common consent. A~enda Item No. 4 - Consideration of an ordinance authorizing issuance of $6~250~000 for Public Improvement and Refunding General Obligation Bonds~ Series 1994. Financial Advisor David Fetzer opened five bids for general obligation bonds. Merrill Lynch, effective interest rate -- 6.0261 Griffin, Kubik, Stephens and Thompson, effective interest rate -- 6.0518 Principal Financial Securities Inc., effective interest rate == 6.0949 Prudential Securities, effective interest rate == 5.9668 Stephens, Inc., effective interest rate-- 5.949635 Councilman Crouch moved to approve Ordinance 2090 authorizing the issuance of bonds in the amount of $6,250,000 to Stephens, Inc. for an effective interest rate of 5.949635. Councilman Fox seconded the motion which carried unanimously, 5-0. A~enda Item No. 5 - Consideration of an ordinance authorizing the issuance of $16,~00~000 Utility System Revenue Bonds~ Series 1994. Mr. David Fetzer opened five bids for utility system revenue bonds. Merrill Lynch, effective interest rate -- 6.085 Stephens, Inc., effective interest rate -- 6.060847 Griffin, Kubek, Stephens and Thompson, effective interest rate -- 6.1549 Prudential Securities, effective interest rate -- 6.0140 Kemper Securities, effective interest rate -- 6.0520 Larry Mariott moved approval of Ordinance 2091 to award bid to Prudential Securities of an effective interest rate of 6.0140 for the issuance of utility revenue bonds. Councilman Crouch seconded the motion which carried unanimously, 5-0. City Council Regular Meeting Thursday, September 22, 1994 Page 5 Aeenda Item No. 6 - Public hearing and consideration of a rezoning request for 69.84 acres located at the southeast corner of Sebesta Road and South Highway East Bvuass from R-I Single Family and A-O Agricultural Open to 15 acres of C-I General Commerciai~ 7.08 acres of C-3 Planned Commercial~ 6.7 acres of A-P Administrative Professional~ 24.15 acres of R-4 Apartments Low Density Residential~ and 16.91 acres of R-3 Townhomes. Mayor Protem Mcllhaney reminded the audience of the meeting protocol for the public hearing. City Planner Jane Kee presented the staff' report. She commented that the request for rezoning was previously denied based on opposition by neighborhoods and the fact that there was not a plan for remaining property. Denial was made without prejudice and the applicant returned his request. Ms. Kee reiterated the concerns expressed by neighborhoods at the previous public hearing. Specific concerns related to drive through traffic in the Emerald Forest Subdivision, especially Dri~wood. Staff concurred that residential traffic would most likely continue until improvements are made in the city's thoroughfare plan on the east side of the city to improve traffic circulation. Ms. Kee provided visual aids to further explain the traffic generated from the specified tracts. She explained that the request provides for a good step down approach per policies. The Planning and Zoning Commission voted unanimously to recommend denial of the request on September 1st. Ms. Kee stated that the applicant, Art King requested a meeting with the Council Development Policies Subcommittee. The subcommittee met with staff and the applicant on September 7th. The subcommittee recommended the following: The corner tract of A-1 designated to C-! General Commercial with the remainder of the frontage designated C-B, Commercial Business. Tract E designated A-P and Tract F designated C-3. Subcommittee further recommended that access to Sebesta Road be denied. The subcommittee supported the R-3 request and rezoning Tract D to A-P, including a small part of Tract C which would provide access from frontage road to R-3 and the remainder of the tract as A-O. Following the subcommittee meetings, the neighborhood representatives requested a meeting with the Council Subcommittee held on September 20th. Residents expressed concern about the multi-family rezoning and R-3 zoning adjacent to Woodcreek and C-1 General Commercial at the corner. Concerns about traffic generation from the C-1 and City Council Regular Meeting Thursday, September 22, 1994 Page 6 R-4 tracts as well as possible negative impacts of lights, noise, and traffic from C-1 uses. Discussion was held by councilmembers regarding various'options for rezoning in question of the particular tracts. Mayor Protem Mcllhaney opened the public hearing. Mr. Art King representing the owners ofihe property came forward. He commented that the owners concurred with scenarios proposed by staff and the council subcommittee. Stacy Gunnels, 1007 Howe, President of Foxfire Homeowners Association came forward and read a prepared statement in opposition to the rezoning. Ms. Gunnels remarked that the residents are against C-I zoning completely. However, the residents were not opposed to step down zoning to C-B or C-3. Col. R.E. Wilson of 9245 Brookwater in Woodcreek Subdivision. He submitted a petition to the Council indicating that several of the adjacent property owners within 200 feet of the subject tract did not receive notice of public hearings for the Planning and Zoning Commission meetings. Col. Wilson pointed out that the staff admitted their mistake by visiting the homeowners in their homes. He opposed the rezoning request as proposed. Linda Rundell, 9213 Riverstone Court in Woodcreek spoke to the Council. She read a prepared statement in opposition of the proposed rezoning request. Julian Gaspar, 9303 Amberwood Court in Woodcreek. He opposed the rezoning of the subject properties to commercial, low density apartments, administrative professional and planned commercial. He urged the staff to retain the residential zone for this area. Patsy Deere, 1500 Frost in Foxfire Association showed slides of the surrounding neighborhoods and other new subdivisions in the city, and subdivisions in Bryan along the East Bypass. Ms. Deere emphasized other vacant land along the Bypass which is zoned C-1 and not located near residential areas. She opposed the rezoning request. John R. Ellison, 2705 Brookway Drive in Windwood Subdivision. He also showed slides. He opposed the rezoning request. Bill Rundell, 9213 Riverstone came forward to urge the Council to maintain the integrity of neighborhoods in this City. City Council Regular Meeting Thursday, September 22, 1994 Page 7 Marianne Ferriola, 9201 Riverstone in Woodcreek spoke against the rezoning request. She referred to the west side of the East Bypass and the commercial development abutting Southwood Valley along the front road. She urged the Council to maintain the entry ways into the City in a sense of openness and continuity so that College Station can continue to develop a satisfactory appearance. Robert Newman, 2509 Fitzgerald in Foxfim voiced strong opposition to the proposed plan. He indicated that the plan presented by the developer does not have adequate vision. He also indicated that the residents did not believe it is acceptable for the developer to meet with the subcommittee of the council when the developer was specifically directed to meet with the homeowners and the meetings were not held; and a subsequent meeting was held with the residents and the council subcommittee. Dick Crooks, 2517 Fitzgerald in Foxfire expressed his opinion on the inadequacies of city planning in this community. He asked the staff and Council to be creative in their planning decisions and consider alternative ideas. George Jackson, 1403 Sussex in Woodcreek came forward to express his concerns regarding the traffic. Donald Deere, 1500 Frost in Foxfire stated that the development in the area will provide a negative impact on the traffic flow. He urged the City to plan for the traffic routes before development occurs. Jay McIlvain, 9239 Brookwater came forward to ask the Council to use wisdom in their considerations. David McWhirter, 1708 Amber Ridge Drive, addressed the Council. He remarked that he did not understand the planning strategy toward this issue. He urged the Council to deny the request. John Ferfiola of 9201 Riverstone in Woodcreek addressed the Council. He stated that the value of the property shall diminish if the property is rezoned. Art King came forward to clarify why he did not meet with the homeowner's association. He stated that he was amenable to meeting with anyone from the residential areas on a one-to-one basis as opposed to a group. He also mentioned that he met with the council subcommittee and the proposals tonight were the result of the meeting. Col. Wilson made a comment regarding the meeting which was held with the councilmembers was not invited to the subcommittee meeting. He also pointed out that the Zoning Ordinance, Section 17.7 regarding amendments for rezoning by petition. He City Council Regular Meeting Page 8 Thursday, September 22, 1994 claimed the applicant did not complete the form to satis~j the requirements of the ordinance. He indicated that the staff did not have any other names on record. Mayor Protein McIlhaney reported that she received a letter bom Cheryl Ragland in opposition to the rezoning request. Mayor Protem McIlhaney closed the public hearing. Councilman Crouch made the motion to deny the applicant's request for rezoning and wait until such time the applicant meets with the homeowner's association or until a master plan is complete. Councilman Fox seconded the motion. Councilman Kennady made a substitute motion to direct staff to initiate rezoning changes for Tract D to R-1, Tract C to R-4, Tract A and B to CB, Tract F remain C-3, and Tract E remain A-P. Councilman Mariott seconded the motion. City Attorney Locke clarified the parliamentary procedure in this particular action. A vote was taken on the amended motion to approve the rezoning as stated above in Councilmember Kennady's motion which failed 2-3. FOR: Councilmembers Kennady and Mariott AGAINST: Mayor Protem Mcllhaney, Councilmembers Fox and Crouch A vote was taken on the original motion to deny the rezoning request which carried 3-2. FOR the motion to deny rezoning as follows: Mayor Protem McIlhaney, Councilmembers Fox and Crouch AGAINST the motion to deny rezoning as follows: Councilmembers Mariott and Kennady. Following the conclusion of this item, the City'Council recessed for a short break. A~enda Item No. 7 - Consideration of resolution directing staff to initiate annexation proceedings. Mayor Protem Mclhaney offered individuals froin the audience to speak at this time on this issue. City Council Regular Meeting Page 9 Thursday, September 22, 1994 Marianne Oprisko, 2475 Barron Road expressed concern about the city's major expense to upgrade Barton Road, if annexed. Mayor Protem McIlhaney verified the dates for the annexation public hearings: November 10, November 16, and December 8. Staff identified areas for annexation this calendar year. Councilman Fox made the motion to approve Resolution No. 9-22-94-07 to direct staff to initiate annexation proceedings. Councilman Crouch seconded the motion which carried unanimously, 5-0. A~enda item No. 8 = Public hearing and consideration of a rezoning request for three acres on the northwest corner of Harvey Road and Rhett Butler from C-N and R-6 to C-3. (94-118) Staff Planner Sabine Kuenzel explained the rezoning request. The proposed use is a bookstore in a building of 18,000 square feet. She presented slides of the subject tract and surrounding areas. Staff. recommended approval and Planning and Zoning Commission recommended approval. Mayor Protem Mcllhaney opened the public hearing The applicant Paul Clarke representing Flagship Development presented his views toward the request. Councilmembers asked questions about the current development and traffic impact. Ted Pittman, buyer ofthe property introduced himself and entertained questions from the Council. He recognized projects in other cities similar to this anticipated project. Charles Laningham, General Partner of Sundance Apartments identified the location of his properties. Concerns related to traffic problems at the intersections of Munson/Harvey Road and Rhett Butler/Harvey Road and the fact that the new development will aggravate the existing traffic situation. He presented a petition to Mayor Protem in opposition of the rezoning as submitted to the city. City Council Regular Meeting Thursday, September 22, 1994 Page 10 Chris Kling representing the owners of Post Oak Square and Post Oak Village. The owners requested denial of the rezoning based on the traffic generated from additional businesses along Harvey Road. He reiterated that the proposed use would be inconsistent with the present use of surrounding property. Mr. Kling pointed out that Rhett Butler will not accommodate the increase traffic generated with the development. The owners are also concerned with the additional traffic problems for Harvey Road. Mayor Protem Mcllhaney closed the public hearing at 10:25 p.m. Councilman Crouch moved approval of Ordinance No. 2092 to rezone three acres on the northwest corner of Harvey Road and Rhett Butler from C-N and R-6 to C-3. Councilman Kennady seconded the motion which carried unanimously, 5-0. A~enda Item No. 9 - Consideration of streetscape items and other improvements to be funded by the City as part of the State's planned widening of Texas Avenue-_ Staff recommended funding of entire proiect of $635~800. Transportation Planner Edwin Hard presented information requested by councilmembers from the workshop meeting. Councilman Fox made the motion to approve the staff recommendations and improvement alternatives listed below: Walton improvements (B), $54,000 Eastgate South Area (A), $58,000 Eastgate North Area (A), $54,000. The motion was seconded by Councilman Kennady which carried by a vote of 3-2. FOR: Mayor Protem McIlhaney, Councilmembers Kennady and Fox AGAINST: Councilmembers Crouch and Mariott A~enda Item No. 10 -- Consideration to award construction contract to Youn? Contractors in the amount of $199~147 for street improvements necessary for the conversion of Tarrow and E. Tarrow streets into one-way operation. Streetscape improvements as part of this proiect were included as bid alternates. Councilman Crouch moved to award a construction contract to Young Contractors in the amount of $199,147 for street improvements necessary for the conversion of Tarrow and E. Tan'ow streets into one way operation. The motion was seconded by Councilman Kennady which carried, 5-0. City Council Regular Meeting Thursday, September 22, 1994 Page 11 Agenda Item No. 11 -= Consideration of payment of oversize participation and an off site extension agreement for the Victoria Avenue reconstruction and extension nroiect between Rock Prairie Road and Graham Road. Payment to Begonia Corporation in the amou.nt of $549~001.75. Project Manager Brett McCully provided updated information regarding an increase of participation by the City for drainage improvements along Rock Prairie Road. Councilman Crouch moved approval for payment of oversize participation in the amount of $571,738.95. Councilman Fox seconded the motion which carried unanimously, 5-0. A2enda Item No. 12 -- Hear Visitors. No one came forward to speak. A2enda Item No. 13 -- Adjourn. Mayor Protem Mcllhaney adjourned the meeting at 10:50 p.m. '"City Secretary Connie Hooks APPROVED: GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 22, 1994 7:00 P.M. 1. ?'~0./~,~'"--- ll 3. ~,d~ ~ 13, 18, GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 22, 1994 7:00 P.M. o 12 13 10. GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, SEPTEMBER 22, 1994 7:00 P.M. 11. (, GUEST REGISTER CITY COUNCIL REGULAR HEETING THURSDAY, SEPTEMBER 22, 1994 7:00 P.H. e 11. 12 13 ® 10.