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HomeMy WebLinkAbout07/14/1994 - Regular Minutes City Council MINUTES COLLEGE STATION CITY COUNCIL REGULAR MEETING THURSDAY, JULY 14, 1994 at 7:00 P.M. COUNCILMEMBERS PRESENT: Mayor Ringer, Councilmembers Mcllhaney, Crouch, Kennady CO UNCILMEMBE RS~~membe rs Fox~~d Hicks on STAFF PRESENT~J~ ~ ~~~ .~agl~ssistant City Manager /~ ~'~~oo~~t ~;~anager Brymer, City ~~~n .-'"~':"~' c Director Uana ement .~~.-~. ~~? , g . ~ ~~ · ~....- ..~ . . ~ ~ .~ ~ t~. Pu ~lnfo~at,on Officer ~,~:~.,,~ ,~,~x ~:;~ ~ ~eso ~ ~..~ ..... ro~,~.. Commun~t y VISITORS PRESENT. "--,~;:~[~-..Ee~r to.g~;eg~ster MayOr Ringer called the meeting to order at 7:05 p.m. He explained the protocol for the meeting. STAT U TO RY AG E N DA (1.1) Approved purchase of additional hard disk space for the AS 400 computer in the amount of $17,850. Funds available in FY 1993-94 MIS operating budget. (1.2) Approved Interceptor Flow Monitoring System for Wastewater Division in the amount of $17,288 to Bristol Babcock. Funds available in Utility Bond Funds. Statutory Items approved by common consent. City of College Station Providing Customer Service Excellence City Council Regular Meeting Thursday, July 14, 1994 Page 2 CONSENT AGENDA (2.1) Approved minutes for Workshop Meeting, June 22, 1994, Executive Session, June 23, 1994, and Regular meeting on June 23, 1994. (2.2) Approved replacement hardware and operating system software for the Public Safety Computer System in the amount of $403,756.97. Funding available from debt issuance of Capital Improvement Project Funds. COUNCIL END STATEMENT NO, 3 -- HEALTH AND PUBLIC SAFETY (2.3) Approved Change Order No. 1 to the College Station Business Center Phase I construction contract to include construction staking for an increase of $22,300 in the contract price. (2.4) Approved award of testing services contract for College Station Business Park Phase I to Buchanan/Soil Mechanics for an estimated amount of $35,000. (2.5) Approved Resolution No. 7-14-94-2.$ for a license to encroach for part of Lots 7 and 8, Block 11, the Knoll Addition, more commonly known as 1104 Glade. Applicant, Dan MacGilvray. (2.6) Approved Resolution No. 7-14-94-2.6 for a license to encroach Lot 18, Block 5, Springbrook-Oakgrove more commonly known as 1610 Cardinal Lane. Applicant, Toby Selcer. (2.7) Approved Ordinance No. 2074 to rename a portion of "Lake Forest Court South" as platted within the city limits of College Station as "Noel Court". All items were approved by common consent with the exception of 2.2 and 2.5. Consent Agenda Item No. 2.2: Councilman Kennady asked a question regarding funds available. Budget Director Charles Cryan replied that the debt issuance will be allocated from certificates of obligations sold this year. Councilman Kennady also inquired about the estimated value of existing system. MIS Manager Nancy Bauer came forward and responded that she does not have a definite bid, the system shows little value because of its age. City Council Regular Meeting Thursday, July 14, 1994 Page 3 Councilman Kennady made a motion to approve the purchase of replacement hardware and software for the Public Safety computer system in the amount of $403,756.97. The motion was seconded by Councilwoman Crouch which carried unanimously, 4-0. Consent A.qenda Item No. 2.9: This item was removed by the Legal staff to receive clarification. Mary Margaret Sexton explained that the license to encroach was prepared pursuant to the request of Development Services Division. She pointed out the modifications in the license agreement. She explained that the City shall have access to maintain the sewer line easement. Engineering Project Manager Brett McCully addressed the Council. He mentioned that the corner of garage extends one to two feet over the sewer line. Agreement before Council is the result of negotiations between the applicant and Veronica Morgan, Assistant City Engineer. The sewer line was in place prior to the garage, the garage was permitted through an oversight. Therefore, the seller and buyer contend that the relocation of the line shall be at city expense. Mr. McCully noted that the line was rehabilitated six years ago and should have 20-30 years of service life. Councilwoman Crouch made a motion to approve Resolution No. 7-14-94-2.5 granting a license to encroach for part of Lots 7 and 8, Block 11, 1104 Glade. The motion was seconded by Councilwoman Mcllhaney which carried unanimously, 4-0. ITEMS FOR INDIVIDUAL CONSIDERATION AQenda Item No. 3 -- Public hearing and consideration of a rezonin.n request for 15 acres located on the southeast comer of Sebesta Road and the East Bypass. City Planner Jane Kee described the rezoning request from R-1 Single Family Residential to C-1 General Commercial. Ms. Kee identified the buffering issues for consideration. City Council Regular Meeting Thursday, July 14, 1994 Page 4 (1) Buffering of existing single family development to the east and south, in particular Foxfire and Woodcreek. There is enough undeveloped land to the east and south to eventually buffer the existing residential subdivisions through the use of "step-down" zoning. No rezoning requests have been submitted to date to address this. This concern was discussed with the applicant prior to the submission of this rezoning request. (2) Buffering future residential development that could occur adjacent to the property under consideration. This request will place commercial zoning adjacent to vacant R-1 zoned land. The city's current buffering requirements will not be adequate to address this C-11R-1 adjacency, if the commercial property develops first. Ms. Kee mentioned that five notices were mailed to property owners 200 feet. Opposition has been expressed to the staff. She addressed the issue of "cut through" traffic, a concern of many residents in Emerald Forest. Ms. Kee described several elements of the Thoroughfare Plan for traffic improvements on the east side of the Highway 6 Bypass. Staff recommended approval of the request. Planning and Zoning Commission voted unanimously to recommend approval of the request with the statement that special attention be given to the "step down" approach and buffering of the existing single family development. Mayor Ringer opened the public hearing at 7:32 p.m. Darrell Bruffett of 1518 Fontaine Drive addressed concerns about the noise level from Bossier Chrysler dealership near his previous residence. His concerns were based on noise and the general commercial zone. He suggested Council consider this issue at another meeting in which all councilmembers are present. Bill Atkinson, a partner in the East Bypass Development Group, 3001 Rustling Oaks, Bryan addressed the Council in favor of the rezoning request. He noted that a potential car dealership is proposed for a portion of this tract. City Council Regular Meeting Thursday, July 14, 1994 Page 5 Noble Douglass, President of Douglass Nissan, 200 Lee Street expressed his wishes for approval of the request. He heard the concerns from the surrounding residents and their concerns shall be addressed by the appropriate buffering. Councilwoman Crouch asked Mr. Douglass to clarify his response to their concerns of lighting and noise. Mr. Douglass responded that this site would be secure with lights similar to other local car lots, and will be turned off after midnight. He added that the noise can be addressed. Problems at the existing site were resolved with neighbors, only one complaint in the past five years. Mr. Douglass addressed the situation of cut through traffic within neighborhood. He added that test driving cars will be performed on the highway not in the neighborhoods. Councilman Kennady asked Mr. Douglass if he considered alternative sites in College Station. Mr. Douglass replied there are other locations which are not feasible monetarily. Bob Bower, a partner in the East Bypass Development Group, 3409 Parkway Terrace in Bryan came forward to urge the Council to approve this request. Mike Caudel, 8406 White Rose Court in Emerald Forest Subdivision spoke against the proposal on behalf of the Emerald Forest Homeowners Association. He expressed concern that the homeowners were not aware of this request in an appropriate time to study this matter further. Primary concerns consist of increased traffic and loud noise. Mr. Caudel asked the Council to further study the traffic plan in this area. Jennifer Salter, 1710 Springwood Court in Emerald Forest Subdivision spoke in opposition to the rezoning request based on the traffic increase and noise. Debra Jansen, 1704 Emerald Parkway in Emerald Forest Subdivision spoke in opposition to the request. She commented that the change in vehicular traffic to one way on the Bypass frontage road has increased the traffic on Driftwood. The safety of children is a significant concern. Billy Stine, 204 Hearthstone, representing the Holy Cross Lutheran Church came forward to express opposition of the rezoning request. He remarked that a car dealership in this location is undesirable. He felt that the Church was not informed appropriately in this matter since the entire tract abuts the Church's property. City Council Regular Meeting Thursday, July 14, 1994 Page 6 Patsy Deere, 1500 Frost in Foxfire Subdivision, representing the Foxfire Homeowner's Association requested the Council to table the issue. She read a written statement in opposition of the request. Rod Pace, 2000 Huntington in Foxflre Subdivision, came forward to speak in opposition to a commercial zone. One reason is the fear of decreased property values. John Hanson, 2101 Fairfax in Foxfire Subdivision, agreed with the comments made by neighbors. He mentioned that an apartment complex would not be desirable. However, this zoning would be a logical compromise to meet the needs of commercial development and homeowners. He asked the Council to study this issue further. Mayor Ringer asked a question regarding other zones next to a single family residential. Ms. Kee stated that the development policies allows office professional zones, medium density residential, and types of conditional use permits as buffers. E.J. Norton, 2907 Adrienne in Southwood Valley, addressed the Council. He reflected upon his experiences residing in a neighborhood near a car dealership. Mrs. Jimmie Vernon, 2103 Farley in Foxfire Subdivision stated that she agrees with the concerns expressed by other neighbors. She pointed out the insignificant uses for the proposed route on Foxfire Drive to Woodcreek. Richard Crooks, 2517 Fitzgerald in Foxfire Subdivision, expressed opposition to the rezoning request. The audience was asked to signify their opposition to the rezoning with a show of hands. David McWhirter, 1708 Amber Ridge in Emerald Forest came forward to note that he has not heard significant reasons to change the land use for this particular zoning. He referred to the Ends Statements displayed on the wall behind the City Council dias. Chara Ragland, 2200 Feber Circle in Foxfire Subdivision reiterated concerns of the homeowners. Vicky Newman, 2509 Fitzgerald in Foxfire Subdivision addressed the Council to express her opposition to this issue by stating that a change to commercial in this area violates the quality of life for College Station citizens. She asked Council to delay action of this item. City Council Regular Meeting Thursday, July 14, 1994 Page 7 Willie Allen, 8706 Driftwood in Emerald Forest encourage the Council to delay consideration of this item. He also challenged the Foxfire neighbors to use alternate routes and eliminate access through Emerald Forest. Bill Davis, 9271 Brookwater Circle in Woodcreek came forward to address concerns such as noise, light for this business type. Wayne Steelman, 9273 Brookwater Circle, shared concerns with previous speakers. Doug Slack, 2301 Ferguson Circle in Foxfire Subdivision addressed two major issues. First, major land use change without an integrative approach; and, secondly, the designation of a creative traffic plan for the residences east of the Bypass. Sherry Ellison, 2705 Brookway in Windwood Subdivision stated her concern that the city may set a precedent for commercial property near other subdivisions along the Bypass. Mayor Ringer received a written statement from Leon and Susan Edmisson, 1003 Falcon Circle in the Foxfire Subdivision whom protested the rezoning request. Lee Cartwright of 1503 Foxfire Drive mentioned that the revision of the FM 2818 Corridor development plan does not justify rezone of the property. Mr. Bob Bower noted that during the period of 1972 and 1982, Agency Records Control, (now AMC), located on the Bypass became city's largest employer other than TAMU and the only commercial development on the Bypass. Furthermore, traffic was not a major concern as Emerald Forest developed. He emphasized this request for rezoning is for 500-600 feet at the front of the tract. Mr. Hanson argued two major issues: 1) traffic control 2) Possible development expanded toward property line of church. Richard Crooks expressed his hope the city will allow residents of Foxfire to continue to enjoy the area as it exists. Mrs. Vernon described the problems which could occur if the commercial property became vacant and the residents could not have a voice in what type of commercial business might be located at this site. City Council Regular Meeting Thursday, July 14, 1994 Page 8 Deborah Sells of 2204 Ferber Circle pointed out that the AMS traffic is not a problem for Emerald Forest residents because the employees exit Emerald Forest Parkway to the Bypass. Mayor Ringer closed the public hearing at 9:00 p.m. Mayor Ringer restated the basis for the comments from citizens related to the land use for an auto dealership. Councilman Kennady made a motion to deny the rezoning request without prejudice and direct staff to re-evaluate the appropriate use for both tracts as well as the Highway 6 Corridor and re-assess the FM 2818 Land Use Plan. The motion was seconded by Councilwoman Mcllhaney. Following the councilmembers viewpoints on this action, the motion carried unanimously, 4-0. Mayor Ringer restated the staff's response to citizen concerns regarding traffic flow and step down zoning. Mayor Ringer asked representatives from the different homeowner's associations affected by this issue tonight to provide their name and address with staff for further correspondence, if necessary. Agenda Item No. 4 -- Discussion of proposed final statement for 1994-95 CD Block Grant. Jo Carroll presented information on the 1994-95 Community Development Block Grant Statement in the amount of $1,206,000 for next year's activities. She identified the Program guidelines. She also outlined the Joint Relief Funding Review Committee recommendations for social services funding. The City Council meeting was delayed for a five minute recess. Mayor Ringer called the meeting back to order at 9:35 p.m. Ms. Carroll described the proposed activities for use of the grant monies. Councilman Kennady moved approval of the proposed final statement for 1994- 95 and with changes reported tonight. Councilwoman Crouch seconded the motion which carried unanimously, 4-0. Council Regular Meeting Thursday, July 14, 1994 Page 9 Aaenda Item No. $ -- Approval of appointments of Bill Fox as the Colleqe Station representative and Mary Kaye Moore as the Bryan representative tn the 911 Board of Mana.qers. Councilwoman Mcllhaney made the motion to approve the appointments as presented. Councilwoman Crouch seconded the motion which carried unanimously, 4-0. Aaenda Item No. 6 -- Hear Visitors Richard Crooks came forward and read a prepared statement regarding the citation he and four other property owners received within the Foxfire City Subdivision in violation of Ordinance No. 1811, the city's landscaping policies. He requested the City Council examine the landscape code specifically for Foxfire. Mr. Crooks requested an extension on the notification of Code violation, until such time the Homeowner's Association may interact with the city staff to examine the appropriateness of the ordinance. He further requested review of Ordinance No. 1811 to enhance contemporary land management views. Furthermore, he requested the city review and proceed with new guidelines regarding the management of lands in the future. Mayor Ringer directed the City Manager to handle this situation appropriately. City Manager Ragland mentioned that discussions held with councilmembers and staff on the entire issue of landscape management, water conservation, etc. with regard to future needs. Craig Hall of 1702 Amber Ridge addressed the City Council. He expressed great concern regarding transportation needs within the community. He requested the City Council ask the City Manager to analyze the Traffic Department and allocate monies accordingly to meet the future growth demands. Mr. Hall encouraged the City Council to address only streets in the next bond issue. Mr. Hall commented on the study being conducted on the long range land use plan. City Council Regular Meeting Thursday, July 14, 1994 Page 10 A.qenda Item No. 7 -- Adjoum Mayor Ringer adjourned the meeting at 10:00 p.m. City Secretary Connie Hooks APPROVED: GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, JULY 14, 1994 7:00 P.M. 9. ~ 10.