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HomeMy WebLinkAbout01/26/1989 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 26, Z989 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Ringer, Councllmembers Brown, Haddox, Schneider, McIlhaney, Blrdwell Gardner STAFF PRESENT: City Manager Ragland, Assistant City Manager Brymer, Assistant City Manager Woody, Assistant City Attorney Banks, City Attorney Locke, Personnel Director Dickson, PARD Director Beachy, Assistant PARD Director Clsneros, CIP Director Ash, Purchasing Agent McCartney, Facility Maintenance Supervisor Shear, Assistant to the City Manager Piwonka, Budget Director Schroeder, Finance Director Harrison, PIO Officer Calliham, Director of Planning Callaway, City Engineer Pullen, Council Coordinator Hooks. STUDENT GOV'T LIAISON: Shannon Maloney VISITORS PRESENT: See guest register. A~enda Item No. ! - Consideration of a resolution to n-me the drive adjacent to the College Station Police Complex, W. King Cole Drive. The late William King Cole's two sons, Scott and Hunter, along with Mr. Cole's parents came forward to accept the resolution which named the drive adjacent to the Police Complex as W. King Cole Drive. Mayor Ringer read the resolution. Councilman Haddox moved approval of the resolution and Councilman Brown seconded the motion, which carried unanimously, 7-0. A copy of the resolution will be filed as an official record of the City. Mayor Ringer read a letter from Mrs. Lee Cole expressing her appreciation for this honor. Aaenda Item No. 2 - Presentation of plaque to Kevin Bucbm, n, former student government liaison, for service rendered to the City of Colleae Station. Former Student Gov't Liaison Kevin Buchman came forward to accept the plaque from Mayor Ringer. Mayor Ringer expressed his appreciation to Kevin Buchman for his service to the City Council as the Student Government Liaison. Mr. Buchman thanked the Council. 007081 City Council Regular Meeting Thursday, January 26, 1989 Page 2 Aoenda Item No. 3 - Approval of the minutes of the City Council Workshop Meeting, January 11, 1989 and the Regular Meeting, January 12, 1989. Councilman Gardner corrected page 3 of the workshop minutes in the paragraph stating Mr. Bob Bednarz's comments. He changed the word "noise" to "odor". Councilman Birdwell moved approval of the minutes as corrected. Councilman Schneider seconded the motion which carried unanimously, 7-0. Aoenda Item No. 4 - A public hearing on the question of rezoning 10.15 acre tract located along the west side of FM 2818 south of F&B Road from R-1 Single Family Residential to C-1 General Commercial S.M. Klinq, applicant (89-101) Planning Director Callaway explained the request and described the features of the tract, area zoning, and existing land uses. He stated that the area is reflected as industrial on the land use plan. He pointed out that the possibility exists that some utility services could be provided by Texas A&M University. He noted three concerns identified by staff; (1) the requested rezoning is not in compliance with the land use plan, (2) the depth of the tract is less than the recommended 400 depth for commercial tracts along major thoroughfares, and (3) the tract would be "strip commercial" in nature. On January 5th, the Planning and Zoning Commission by a vote of 4-3 recommended approval of the C-! zoning request. Councilman Gardner asked Mr. Callaway to recall the commissioners' reasons for supporting the rezoning change. Mr. Callaway replied that the minutes were reflective of the discussion that was held. Councilman Birdwell asked if there were any responses from the surrounding property owners. Mr. Callaway replied that one response was received; it stated that the owner of the property next to the subject tract had expressed intent to seek C-1 zoning on his tract. Mayor Ringer opened the public hearing. Mr. Stuart Kllng, the applicant for the owner, came forward to speak in favor of the zoning request. Me reviewed changes which have occurred in the area of the subject tract, those being, (1) the recent expansion of Easterwood airport; (2) the on-going upgrading of F.M. 60 007082 City Council Regular Meeting Thursday, January 26, 1989 Page 3 south of the tract; (3) the proposal for Texas Highway 47 to connect State Highway 2! with F.M. 60; (4) the proposed extension of Villa Maria to the west toward State Highway 47; and, (5) the continued expansion of the west campus of A&M and the Research Park. Mr. Kling commented on several points regarding the industrial designation in the Plan 2000, as follows: (1) generally, an industrial user would require access onto a major arterial and would have a land area requirement which would exceed the total of the subject tract; (2)the small industrial user would be better located in an area with less visibility; and, (3) industry should be made to feel a part of the community. Mr. Kling responded to the staff report by stating that Plate 15 in the adopted Plan 2000 indicates that the subject area ranks "Normal to High Suitability" for commercial development, and while the subject tract does not satisfy the recommended depth requirement of the Plan 2000, it does comply with the depth requirement in the Zoning' Ordinance for commercial development. Mr. Kling further stated that the Plan 2000 should be flexible enough to respond to changing conditions in land use and the local economy. Councilman Birdwell asked if there Is a current plan for development on this tract. Mr. Kllng replied that the owner has indicated that one or two persons have contacted him about two of the uses described in the application. Mayor Ringer described the proposed uses as follows: restaurant, floral shop, car dealership, and convenience store. Mayor Ringer closed the public hearing. Auenda Item No. 5 - Consideration of an ordinance rezoning the above tract. (89-101). Councilman Brown moved approval of Ordinance No. 1794 rezonlng a 10.15 acre tract along the west side of F.M. 2818 south of F&B Road from R-! Single Family Residential to C-! General Commercial. Councilman Birdwell seconded the motion. Councilman Gardner made several comments. He clarified that Plate 5 in the Plan 2000 indicates multi-family use ranks "suitability" on the map. He pointed out that legal implications exist; whereas, all amendments to the Zoning Ordinance must be in accordance with the Comprehensive Plan. He read the objective of land use which stated that strip development should be avoided and centralized commercial development should be encouraged. He added that this tract would be characterized as "strip zoning". He referred to pages !98-!99 in the Comprehensive Plan. 007085 City Council Regular Meeting Thursday, January 26, 1989 Page 4 Mr. Gardner continued to point out that this request does not conform with the Plan. He also said that he felt that with hundreds of square feet of vacant commercial buildings in College Station, there is no need especially in this location. He urged the Council to vote against this rezoning. Councilman Birdwell commented that he will support the request because this tract may help enhance the attractiveness of the Industrial Park land, because this tract will be one less tract available to sell to industry if zoned commercial. He urged the marketing of the Industrial Park. Councilman Gardner responded to Councilman Birdwell's remarks. added that this tract does not meet the development criteria. He Councilman Haddox commented that he will support the rezoning request on the basis that this property will adjoin commercial property to F&B Road making it usable for commercial purposes. Councilman McIlhaney pointed out that there are several options in providing sewer to this tract. Mr. Callaway replied that one option includes a small package treatment plant with service provided by the University. City Attorney Locke also replied that under the Municipal Annexation Law, the city is obligated to provide city services comparable to city services provided to similar tracts. Councilman Brown remarked that during the updating of Plan 2000, the Planning and Zoning Commission will keep in mind the $7 million invested in the Industrial Park and the need to sell the property. Councilman Schneider asked if any development has occurred on the adjoining tract. Mr. Callaway replied negatively. Student Gov't Liaison Shannon Maloney asked if the property behind the subject tract was purchased, would this be considered strip develop- ment. Mayor Rin~er replied that if the tracts were Jointly developed, it is unlikely it would be characterized strip development. However, Mr. Birdwell remarked that it would be unlikely to have two owners supply land to one development. The motion to approve Ordinance No. 1794 carried by a vote of 4-3. FOR: Councilmen Brown, Blrdwell, Haddox, Schneider AGAINST: Mayor Ringer, Councilmen McIlhaney, Gardner Aaenda Item No. 6 - A public hearing on the question of rezoning parts of Lots 11 and 12, Block B, College Heights from A-P Administrative Professional to R-2 Duplex Residential. (Mark Cissna, applicant (89-100) Mr. Callaway explained the request and described the subject tract, area zoning and land uses. The property is located at 413 Eisenhower, along the east side of Eisenhower, north of University Drive. 007084 City Council Regular Meeting Thursday, January 26, 1989 Page 5 He pointed out that the Land Use Plan reflects the surrounding area as office commercial. The subject tract is currently used for residen- tial purposes. Mr. Callaway explained that after reviewing the request, it was determined that It is not a major deviation from the Plan, in that the requested zoning brings the zoning more in accordance with the current use of the property, which is consistent to other property uses in the area. Mr. Callaway referred to a report provided to the Council entitled, "A Review of Small Area Rezoning Requests in College Station, Texas." He further stated that the Planning and Zoning Commission unanimously recommended approval of the request at their January 5th meeting. Councilman Birdwell pointed out that the applicant is entitled to any type of building he may desire in an R-1 zone rather than R-2. Mr. Callaway responded affirmatively. Mr. Callaway replied that R-2 was selected by the applicant because of the amount of R-2 zoning in the area. Mr. Callaway further stated that the applicant does not have adequate lot width to convert his home into a duplex. Mr. Birdwell asked if the staff looks at the building permit, in terms of having two kitchens in one house. Mr. Callaway responded that there are certain circumstances. For instance, the residence cannot constitute two separate dwelling units. Mayor Ringer opened the public hearing. The applicant, Mr. Mark Cissna came forward to speak in favor of the rezoning request. He indicated that the need for additional space is to accommodate the size of his family in the near future and the house does not suit this purpose. Mayor Ringer closed the public hearing. Aaenda Item No. 7 - Consideration of an ordinance rezoning the above property. (89-100) Councilman Schneider moved approval of Ordinance No. 1795 rezoning 413 Eisenhower from A-P Administrative Professional to R-2 Duplex Residential. Councilman McIlhaney seconded the motion, which carried unanimously, 7-0. Mayor Ringer moved Agenda Item No. 12 at this time to be discussed for the convenience of the representative from Austin. 007085 City Council Regular Meeting Thursday, January 26, 1989 Page 6 Aoenda Item No. 12 - Consideration of a Resolution adopting another Deferred Compensation Plan administered by the United States Confer- ence of Mayors. Personnel Director Karen Dlckson explained this item. She stated that this plan allows all eligible employees to participate in a deferred compensation plan on a voluntary basis at no cost to the city. She added that this plan will offer more choices for employees to place their money in money market accounts and other accounts to save for the future. Present at the meeting was Mr. Bill Devine, State Director for Pebsco, the plan sponsored by the United States Conference of Mayors. Councilman McIlhaney moved approval of Resolution No. 1-26-89-12. Councilman Gardner seconded the motion which carried unanimously, 7-0. Agenda Item No. 8 - Consideration of an ordinance amending Chapter 4, Section 10-C(1)(f) and Section 10-C(1)(h) of the Code of Ordinances relating to Wrecker business regulations. Assistant City Attorney Marianne Banks addressed this item. She stated that the current wrecker ordinance regulations do not prohibit the issuance of a permit to an individual who has previously been convicted of illegal towing in a criminal case. This amendment would alleviate this potential problem. Councilman Birdwell moved approval of Ordinance No. 1796 amending Chapter 4 of the Code of Ordinances. Councilman Brown seconded the motion which carried unanimously, 7-0. Agenda Item No. 9 - CONSENT AGENDA. Bid #89-20 - Janitorial Maintenance Contract This item was approved by common consent. Agenda Item No. 10 - Consideration of Community Appearance Committee's recommendations for the implementation of a City Signs Proaram. (Council Issue No. 6) Assistant PARD Director Clsneros stated that the Community Appearance Committee was charged by the Council to look at the project of city entrance signs. He presented a slide presentation showing the four proposed locations for these signs, including 1) Texas Avenue in conjunction with the City of Bryan sign on Texas A&M University property; 2) mall property on the east bypass frontage road and Harvey 007086 City Council Regular Meeting Thursday, January 26, 1989 Page 7 Road; 3) Highway 60 at the Airport; and, 4) entrance to the Industrial Foundation on Highway 6. The Committee felt that the color scheme for the signs should conform with the new city stationery colors, mauve letters with sandblasted redwood. Councilman Gardner asked why the redwood would be sandblasted. Mr. Cisneros replied that all parts of the sign will be sandblasted except the letters. Councilman Blrdwell recommended to the Council to eliminate the sign located at Harvey Road and place a sign on University Drive on the frontage road. Mr. Cisneros pointed out that the subcommittee addressed this possibility, but due to the fact that most southbound traffic is generated at this intersection, the committee felt this site was sufficient. Mr. Birdwell disagreed. Councilman Schneider stated his logic that the sign should be placed at University Drive for motorists traveling from north to south. Mr. Cisneros explained that there is a larger right-of-way from the curb so the distance from the highway and location of the sign would be considerably far. Mayor Ringer added that the sign cannot be placed in the right-of-way. Councilman Gardner stated his concern that the site at 2818 and Highway 60 should not be overlooked. He also pointed out that the sign at the Industrial Park is not close to the actual developed area of College Station. Mayor Ringer asked CIP Director Ash where the new Highway 47 will be located in relation to the airport. Mr. Ash replied that it will be west of the sign located on Highway 60. Councilman Birdwell moved to authorize the recommendation of the locations, 1, 3, 4 as follows: l) Texas Avenue & Rosemary, (3) Highway 60 at the Airport, and 4) Economic Development Foundation and Highway 6. Councilman Gardner seconded the motion. Councilman Haddox moved to amend the motion by adding location No. 2. Harvey Road and Highway 6 Bypass, to approve the final four locations as recommended by the Subcommittee. Councilman Schneider seconded the motion to amend; the amendment to the main motion was approved by a vote of 5-2, as follows:. FOR: Mayor Ringer, Councilmen Brown, Haddox, Schneider, and McIlhaney AGAINST: Councilmen Blrdwell and Gardner 007087 City Council Regular Meeting Thursday, January 26, 1989 Page 8 The motion as amended to include all four locations as recommended by the Community Appearance Subcommittee was approved unanimously, 7-0. Councilman McIlhaney asked if the signs will be constructed in the order in which the recommendation was made by the Subcommittee. Mr. Clsneros replied that bids will accepted. He pointed out that negotiations have not been made with the respective property owners for placement of signs at the particular sites. AGenda Item No. 11 - Consideration of Site Plan for Joint City/ School Park. (Council Issue No. 14) Mr. Cisneros stated that this is the first cooperative effort between the City Parks Department and the CSISD to implement a neighborhood park at the new school on Rock Prairie Road. He summarized the meetings and hearings which have been held. He stated that the city acquired 5 acres of the tract and received 5 acres of dedicated parkland. . Mr. Cisneros presented slides of the site plan. He pointed out that the School District has allocated $75,000 for the construction of the park. The City has approximately $9,300 available in Parkland Dedication Funds for the area, to add to the project funds. Councilman Haddox moved approval of the site plan for the Joint/city school park. Councilman Blrdwell seconded the motion, which carried unanimously, 7-0. Agenda Item No. 13 - Consideration of an ordinance amending Subsection B of Section 1.2 of Ordinance No. 1638 concerning statutory author- lty for changes to the official Zoning Map. Assistant City Attorney Banks explained this item. She stated that in the Local Government Code, several ordinances did not state "as amended" after the article number in the ordinance. Councilman Birdwell moved adoption of Ordinance No. 1797. Councilman Gardner seconded the motion, which carried unanimously, 7-0. Agenda Item No. 14 - Consideration of an ordinance amendlno Chapter 12, Section 1, Subsection A of the Code concerning statutory author- ity of the Planning and Zoning Commission. Mrs. Banks stated that this item is similar to the above ordinance, except it relates to a different section of the Zoning Ordinance. 0070,88, City Council Regular Meeting Thursday, January 26, 1989 Page 9 Councilman Brown moved approval of Ordinance No. 1798. Councilman Schneider seconded the motion, which carried unanimously, 7-0. Agenda Item No. 15 - Consideration of a proposed ordinance to amend Chapter 1, Section 27 of the Code of the City of College Stat. ion, relating to Records Microfilming, Retention, and Disposition. Mayor Ringer noted that this item was discussed at the workshop meeting and presented by City Secretary Jones. Councilman Haddox moved approval of Ordinance No. 1799. Councilman Brown seconded the motion. Councilman Haddox' motion to approve the ordinance carried unanimously, 7-0. Agenda Item No. 16 - Consideration of a resolution authorizing the Mayor to siiln a resolution to not support House lfllls Bo. 315, 316, and 317. , City Attorney Locke explained this item. She stated that the Select Energy Committee of the House held hearings and proposed three bills. The Texas Public Power Association has asked other public utilities throughout the state to pass a resolution not supporting any of these bills because they are directed to one specific problem. She explained each bill. Bill No. 315 would allow residents living within the city limits to appeal the rate decision of a City Council to the state Public Utility Commission. Bill No. 316 would allow ratepayers who reside outside the city limits to require detailed information from the municipalities concerning rates. Bill No. 317 would require cities to obtain Public Utility Commission approval before creating any new transmission facilities or generation. Councilman Gardner asked if a sinqle citizen could intervene in the proceedings. Mrs. Locke replied that the citizen could appeal the decision of the municipal City Council to set a rate to the Public Utility Commission requiring the City to produce a rate setting case. After further discussion, Councilman Brown moved approval of Resolution No. 01-26-89-16 remonstrating House Bills No. 315, 316, and 317 and authorizing the Mayor to sign a resolution to that effect. Councilman Haddox seconded the motion, which passed by a vote of 7-0. Agenda Item No. 17 - Hear Visitors. No one spoke. 007089 City Council Regular Meeting Thursday, January 26, 1989 Page l0 Agenda Item No. 18 - Closed session to discuss legal report [6252- 17(2)(r)] and personnel [6252-17(2)(g)]. A. Legal Report [6252-17(2)(g)]. B. Personnel [6252-17(2)(g)]. Discussion of Appointments to Citizens Committees. Discussion of Administrative Personnel. The Council moved to closed session at 8:35 p.m. Aaenda Item No. 19 - Action on closed session. The Council reconvened in open session at 9..31 p.m. No action was taken from closed session. Aaenda Item No. 20 - Adjourn. Councilman McIlhaney moved to adjourn the meeting. Councilman Schneider seconded the motion which passed unanimously, 7-0. APPROVED .- ATTEST: ¢lt~' Secre~ Dian Jones 007090