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HomeMy WebLinkAbout03/12/1992 - Regular Minutes City CouncilTHUBSDAY! MARCH 12! 1992 7.'00 P.M. COUNC~. MEMBERS PRESENT: Mayor Ringer, Councflmembers Brown, Birdwen, Gardner, Mcnhaney, Crouch COUNCIL MEMBERS ABSENT: Councilman Schneider STAFF PRESENT: City Manager Ragland, City Secretary Hooks, City Attorney Locke, Assistant City Attorney Nemcik, Development Services Director Ash, City Engineer Pullen, City Planner Callaway, Senior Planner Kee, Assistant City Engineer Morgan STUDENT GOV'T LIAISON: John Lauletta VISITORS PRESENT: See guest register. ~ T_tem_ No. 1 - ~-m:lna of ss z2~__~1o~1~_o_~ ~._fl~_ ~g the month of 1992 ~s Pmbss~nll Sochl Worlmm Month'. Mayor Ringer presented the proclamation to a representative from the National Social Workers Association. Aaar~_ctt l'__t~ No. 2 - __~ ~ of ss m'oc__-!-vlotion d_,~__fl,~ttng M,-'ch 12. 1~2 -- · Feltce Klein Day' end honortng her for ss ~ A~bvument Awur~ Ms. Felice Klein accepted the proclamation presented by Mayor Ringer. _Aa~_~o _T_torn__ No. 3 - CO~ (3.1) Approval of minutes for the workshop meeting, February 12, 1992, Workshop Meeting, February 26, 1992 and Regular Meeting, February 27, 1992. (3.2) Consideration for approval of Community Development funded housing assistance projects where contracts were let for more than $10,000. (3.3) Consideration for approval of revised Management and Budget Policies for the funding of public service activities from the Community Development Block Grant. Community Development staff of both cities reviewed the existing policy and consulted with HUD officials to ensure compliance with relevant federal regulations. (3.4) Authorization to enter into negotiations with engineering firms in the order ranked for services associated with the Traffic Light Synchronization rr pedestrian signalization project. City Council Regular Meeting Thursday, March 12, 1992 Page 2 (3.5) Consideration of an ordinance annexing several tracts of land totalling approximately 350 acres. This land is located generally along Graham Road and the east side of Wellborn Road, southwest of and adjacent to the City of College Station. This is the final step in the annexation process for the Graham Road - OI area. (3.6) Consideration of a revision of the solid waste rate resolution. The solid waste rate resolution is allowing for a charge of $4.75 for each additional automated container at single family residential dwellings. (3.7) Bid #91-18. Request for renewal of purchase order on various street materials, funds budgeted in FY 1991-92 General Fund, Public Services Dept., Streets Division; staff recommends renewal as negotiated with Bluebonnet Paving, Inc., total contract, $190,000. (3.8) Consideration of an oil and gas operations permit application from Petro- Hunt Corp. for O1' Sarge #1. Application is for a horizontal well located west of Easterwood Airport on TAMU property. All required permits have been submitted with the permit application. The City Engineer recommends a security instnmtent in the amount of $25,000. (3.9) Consideration of a final amending plat - Lots 1-4, Block 10akwood Addition located at the corner of George Bush Drive and Pershing Avenue. Four lots currently platted are being consoUdated into two lots to allow for future sale of Lot lA. Mayor Ringer removed Agenda hem No. 3.5. Councilman Gardner removed Agenda Item No. 3.1. The remaining items were approved by common consent. Councilman Gardner referred to the first paragraph under Agenda Item No. 4 Council Concerns. He added a statement to the last sentence as follows: "... and said the firm received no incentives such as a free site or tax abatement. The city did pay for extension of utilities." Councilman Birdwell moved to accept the minutes of February 26th as corrected and approve the minutes of the remaining two meetings. The motion was seconded by Councilman Gardner which carried unanimously, 6-0. Aoenda Item No. 3.5 - Consideration of an ordinance annexing several tracts of land totallin_a a~roximately 350 acres ~]onq Graham Road. Jim Callaway stated that the ordinance before the council will fin~li~.e the annexation process for this property. This item has been heard by the Council at two previous public hearings as required by the Local Government Code. He noted that staff received five development agreements from property owners Graham Road, relating to participation and extension sewer cost. City Council Regular Meeting Thursday, March 12, 1992 Page 3 Mr. Callaway addressed an alternative to this issue. He explained that the legal staff looked further into the situation concerning impact fees and advised that the city could deal with impact fees on a line specific basis. An ordinance would need to be in place before the line was ready for service. He stated that on this basis, there is a more equitable method of dealing with the provision of sewer service and the cost recovery for that service. This information is indicated in the service plan. Mr. Canaway recognized three specific questions on this issue: 1) paving of Graham Road; 2) participation in the paving of Graham Road; and 3) question of assessments. Mr. Canaway stated that the current policy relating to street maintenance and street improvements in areas annexed into the city is to accept the roads in their present condition and maintain at no cost to the abutting property owners. He indicated that this policy has been explained to property owners in Foxfire. Development Services Director Elrey Ash addressed the Council. He d~played overhead visuals. He referred to the section of the Code of Ordinances titled Paving and Repairing of Minor Streets. He stated that Graham Road from Texas Avenue to Wellborn Road is reflected as a collector street on the thoroughfare plan. Mr. Ash stated that the current policy for assessment of street construction reads as follows: "The owners of lots abutting existing minor streets or ways which are paved or repaved by the City shah be assessed for their respective portions of the estimated cost of such improvements in accordance with Article 110§b, Texas Revised Civil Statutes." He further stated from the Code: "Unless special circumstances are found to exist and set forth in the assessment ordinance, the City will pay one-third (1/3) of the paving costs of the street. The remaining two- third (2/3) paving costs will be paid by the abutting property owners proportionately on a per foot frontage basis. Further, in the event that the curb and gutter are constructed and instaned, each abutting property owner shah pay one hundred percent (100%) of the per side cost of curb and gutter of each abutting lot". Mr. Ash reviewed the project description of staff recommendation for the roadway for an approximate cost of $1,295,000. He stated that Brazos County proposed to build a roadway in the area and this estimated cost is $215,86§. Another option available is the city build a rural standard street section, 30 fi. wide with a 28 fl. wide sealcoat for a 20 year life. This approximate cost would be $876,000. If the county decided to participate in this project, the estimated cost to the city would be $660,000. Discussion was held on the assessment policy. Councilman Birdwell stated that City Council Regular Meeting Thursday, March 12, 1992 Page 4 the project should be prepared on a full cost analysis basis. Councilman Mcnhaney asked if the street was built as rural standard, would it eventually erode because of drainage? City Engineer Pullen replied that the street would not erode away, but maintenance exist for the shoulders and ditches and eventually these type of items become a problem. Councilman Brown stated that the business persons on Graham Road left the last council meeting when discussion was held on Graham Road with the feeling that the city would pave the road with no assessment. He is concerned that the city will lose cre,~ility if we change our mind. He implied that the county should reconstruct the road. City Manager Ragland called two issues into question. First, the adoption of the ordinance, a service plan is also being adopted which states what the city can do as a minimtun, not as a maximum. This service plan must meet the council's desires. The second issue is that the original property owner who initiated the annexation with the City and agreed to enter into a contract to pay $1§,000 for the sewer extension to his property has decided not to enter into the agreement. Mayor Ringer reiterated the service plan specifies that the city reserves the option to have an impact fee for sewer and street. The service plan states that most of the street will be out of the city lin'tits and the city agrees to maintain the strcct subject to the county making those improvements. Councilman Birdwen remarked that the city should assess the property owners for the street and sewer, but before the property is annexed, he would like the property owners to understand this issue and suggested this item be delayed for two weeks. Mr. Ash reviewed the two options available for the sewer extension project. The first option available is to build the line and insert capital cost into sewer rates. The second option is an impact fee for line extension only. Under either option, the total cost of the project is $180,000-$200,000. Mr. Ragland noted that a decision on the sewer and the street does not need to be considered tonight. Mr. Birdwell replied that he cannot vote on the annexation without knowing what the city plans for the sewer and street. After further ,~-~cussion, the Mayor asked staff to research the impact of delaying consideration of this item. He delayed this item to give staff time to reply. Mayor Ringer proceeded to Agenda Item No. 4. City Council Regular Meeting Thursday, March 12, 1992 Page 5 _Aaanda Item No. 4 - A ~nublic heaflna on the auestion of resontng 20.48 acres at the northwest corner of Barran Road and SH $ from C-1 General Commerc~ A-O ~ Oc~n sad R-IA Single Fsmlly Residen~ to R-I S~ngle Family Senior Planner Jane Kee explained the request. She stated that this tract is located at the northwest corner of Barton Road and Highway 6. There is not conflict with the development policies. Slides were shown of the property. She indicated that the developer has submitted a master development plan and preliminary plats for a single family subdivision. Staff recommended approval as well as the Planning and Zoning Commission. Mayor Ringer opened the public hearing. Mr. Mike McClure came forward and stated that the owners of the property were present to answer questions. Councilman Crouch asked if the homes would back onto Highway 6. Mr. McClure replied that there win not be driveways on Highway 6, but there will be a street access to Highway 6. Mayor Ringer closed the public hearing. Councilman Mcnhaney moved approval of Ordinance No. 1947 rezoning 20.48 acres at the northwest corner of Barton Road and SH 6 from C-1 General Commercial, A-O Agricultural Open and R-lA Single Family Residential to R-1 Single Family Residential. The motion was seconded by Councilman Birdwell which carried unanimously, 6-0. Councilman Brown thanked the developers for their positive impact to our community. ~Aaanck Item No. 6 - Considamtion of ~dt~tlna rezonina of kdustd, es along Gr~ta, n Mayor Ringer mentioned that if the property is annexed, the council may wish to instruct staff to begin the process of addressing the appropriate existing development and begin the process. Councilman Crouch moved that when and if the council annexes the property on (~raham Road, the council shall instruct staff to initiate rezoning on the property. City Council Regular Meeting Thursday, March 12, 1992 Page 6 The motion was seconded by Councilman Gardner which carried unanimously, 6-0. _Aaenda Item No. 7 - Hear Visitors. Mr. Don Smith, 2011 Southwood, addressed the Council. He spoke on the foreclosure status of Doux Chene apartments. He strongly opposed the sale of this property to HUD. Mr. Ash reiterated his statements from the workshop meeting. He informed the Council and the audience that the city spoke to Ms. Eleanor Cheeks in the Houston HUD office. She indicated to staff that HUD is changing the bid package to reflect 250 units of the 352 units subs~i~.ed at Section 8 rent levels, but that HUD would not be furnishing the subsidy. At the present time, HUD is not aware of anyone interested in the property. Mr. Ash further stated that HUD's tentative plan is to retain the property until after the first of the year. She encouraged the city to respond in writing. A letter was prepared and marled to Ms. Cheeks. Councilman Birdwell requested this item be placed on the next council agenda to explore the options available to the city. City Manager Ragland mentioned that the city emphasized in the letter to HUD that the apartments are not designed for families and not appropriate for the targeted market. Also, the concentration of so many famih'es in one area would not be beneficial to those famih'es. Mayor Ringer closed this agenda item and resumed discussion of Agenda Item No. 3.5 - Annexation of a portion of Graham Road. City Attorney Locke responded to the council's question to delay this item. She stated that this item could be postponed until the next council meeting. Staff recommended that the notice should be readvertised. Councilman Birdwen moved to defer action on this item until the next regular council meeting, ask staff to advertise ordinance and contact the property owners involved and to notify them of the council discussion on the areas of sewer and roads and the charges to be levied, if any. The motion was seconded by Councilman Crouch. Councilman Mcnhaney asked that this item could be placed on the workshop meeting for discussion. The council concurred. The motion to defer action on this item carried unanimously, 6-0. Councilman Birdwell moved that it is the sense of the council to desire some City Council Regular Meeting Thursday, March 12, 1992 Page 7 form of participation by developed property annexed for cost of improvements to the road. He-ak~o-me:-c:t-¢o-sease-the-ootmofl--whethe~-e~-aet. d~ PFOl0e~es-~hout~-pa¥-fer--a-pOFtien-of-the-oo~-¢o-ea¢~.sewe~. Mayor Ringer clarified that this vote has no bearing on the final decision. City Manager Ragland mentioned that this direction will help staff to answer upcoming questions. The motion was seconded by Councilman McIlhaney. The motion carried by a vote of 4-2. FOR: Mayor Ringer, Councilmembers Birdwell, Mcllhaney, Brown AC, AINST: Councilmembers Crouch and (~ardner Mayor Ringer stated the second motion as follows: Councilman Birdwell moved that it is the sense of the council that developed properties should pay for a portion of the cost to extend city sewer service to their properties at such time they tie onto the service. This motion was seconded by Councilman Crouch and carried unanimously, 6-0. Aaer~_d~ !__tsmm No. 8 - land acau]Mtian (8.1) Staff Report a. Legal Rep.o..rt (8.2) Land Acquisition The council moved into closed session at 8:10 p.m. Aaenda Item No. 9 - ~ on ~fls~__ .__~___,~ The council convened into open session at 8:42 p.m. Mayor Ringer announced no business taken in open session. Aaenck Item No. 10 - Adjourn. Mayor Ringer adjourned the meeting at 8:43 p.m. City Secretary Connie Hooks GUEST REGISTER C~"T~VL WORKSHOP MEETING ~, IIARCH 1~ 1992 4:n0 P.M 11. 12. 13. 7. ]7. 8. lq. 10. 2q.