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HomeMy WebLinkAbout11/20/1985 - Special Minutes City Council MINUTES SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1985 4:00 P.M. COUNCIL MEMBERS PRESENT: COUNCIL MEMBERS ABSENT: STAFF PRESENT: VISITORS PRESENT: Mayor Halter, Councilmen Bond, Tongco, Boughton, Brown, McIlhaney, Runnels None City Manager Bardell, Assistant City Manager VanDever, Director of Capital Improvements Ash, Assistant to City En- gineer Smith, City Attorney Locke, Dep- uty Finance Director Schroeder, City Secretary Jones, Assistant Director of Planning Callaway, Parks Director Beachy, Assistant Director of Public Services Epps, Purchasing Agent McCartney, Assistant Personnel Director Lucas, Planning Technician Volk, Admin- istrative Assistant Magoon, Council Co- ordinator Jones See guest register. A~enda Item No. 1 - Council concerns. Councilman Boughton reported that the school crossing guard at the intersection of Southwest Parkway and South Knoll has arrived late on several occasions. She noted that each time the guard has arrived late it has been reported to the Police Department and they have responded quickly. Councilman McIlhaney reported that an area of land at the inter- section of Sebesta Road and Sandstone is sinking. She noted that some work was done in the area causing the problem to worsen. Councilman Tongco noted that Thursday, November 21, 1985 is "Na- tional Smoke Out Day" and distributed survival kits to several members of the Council. Councilman Bond reported that there is a motor home with a resi- dent parked at the curb in the area of Southwest Parkway and Medina. He stated that someone has painted offensive language on the side of the motor home. SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1985 PAGE 2 Agenda Item No. 2 - A ~ublic hearing on the question of rezoning an 8.95 acre tract of land located on the north side of the ~ro- posed extension of Holleman Drive a~roximately 1500 feet east of Lassie Lane, from A-P Administrative-Professional to C-1 General Commercial. A~licant is James E. Jett, Trustee. (85-123) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns an 8.95 acre tract of land from A-P Administrative-Professional to C-1 General Commer- cial. He listed the existing land uses in the area and noted that on the city's Land Use Plan this area is reflected as of- fice-commercial and high density residential. He listed several changes in area conditions since the adoption of the plan in 1982 as follows: (1) establishment of 36.39 acres of C-1 zoning and 15.52 acres of A-P zoning; (2) establishment of Holleman as a commercial street with a width of forty-seven feet in a seventy foot right-of-way; and, (3) development of a proposal to extend Stallings Drive from SH 30 to Holleman. He stated that there are no land use or zoning conflicts associated with this request and all adjacent tracts are currently zoned C-l, A-P, or R-6. He recommended approval of the request and noted that the request will not substantially change zoning patterns in the area. He further stated that the Planning and Zoning Commission voted (5-1) on 11/7/85 to recommend approval of the request. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 3 - Consideration of an ordinance rezqning the above tract. Councilman Runnels moved approval of Ordinance No. 1623 rezoning the above tract from A-P Administrative Professional to C-1 Gen- eral Commercial. Councilman Boughton seconded the motion which was approved unani- mously, 7-0. Agenda Item No. 4 - A public hearing on the question of rezoning a 10.03 acre tract of land located on the south side of Rock Prairie Road, east of and adjacent to the Belmont Place Section Two Subdivision, from R-4. Low Density A~artments to C-1 General Commercial. Applicant is Area.~ro~ress Corporation. (85-123) Assistant Director of Planning Callaway presented the item. He stated that the rezoning request concerns a 10.03 acre tract of land from R-4 Low Density Apartments to C-1 General Commercial. He listed the existing land uses in the area and noted that on SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1985 PAGE 3 the city's Land Use Plan this area is reflected as commercial to the east of the extension of Longmire Drive and medium density residential to the west. He recommended approval of the rezoning request for the following reasons: (1) The development of Humana Hospital on the adjacent tract leaves the subject tract between a large non-residential development and a C-2 Commercial-Industrial zoned area and zoning this tract to C-1 would provide a logical "step down" in zoning and land use intensity; (2) The subject tract has adequate area and depth off of Rock Prairie Road for commercial development; and, (3) The subject tract will have ac- cess to a proposed collector street intersecting Rock Prairie Road. He further stated that the Planning and Zoning Commission voted (6-0) on 11/7/85 to recommend approval of this request. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 5 - Consideration of an ordinance rezoning the above tract. Councilman Brown moved approval of Ordinance No. 1624 rezoning the above tract from R-4 Low Density Apartments to C-1 General Commercial. Councilman Tongco seconded the motion which was approved unani- mously, 7-0. Agenda Item No. 6 - Discussion and consideration of a ~ro~osal to periodically close Lodge Street between Church Street and Patricia Street on Sunday mornings. Mr. Dan MacGilvray, representing the A&M United Methodist Church, presented the item. He noted that the Church currently owns Lots 10, 11 and 12, Block 2, Boyett Addition, which is a L-shaped configuration contiguous except for a portion of Lodge Street. He stated that the Church wants to utilize the facility erected on Lot 12 for children's Sunday School classes and is requesting that the portion of Lodge Street between Lots 11 and 12 be closed temporarily for a period of time to be negotiated, but roughly between the hours of 7:00 A.M. and 1:00 P.M. on Sunday. He pointed out that there will be a considerable amount of pedestri- an traffic crossing Lodge Street during these hours. He further stated the Church's intention to eventually request that this portion of Lodge Street be closed permanently. He stated that this request would necessitate that the half block of Patricia SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1985 PAGE 4 Street signed one-way from west to east between Lodge Street and College Main be changed. He stated his opinion that the businesses in the area will not be adversely affected, but in the event that a permanent closing is considered they should be consulted. He provided the Council with a list of adjacent prop- erty owners, but noted they had not been contacted concerning the proposal. Councilman Bond asked how the Church proposes to block off this portion of Lodge Street. He stated that initially the street would be blocked off using orange cones and later some type of ballards and chains could be erected. Councilman Tongco asked if this is a city paved street. Mr. MacGilvray replied affirmatively and noted that parallel parking is allowed on both sides of the street. Councilman Tongco suggested that possibly a walkway across Lodge Street could address the problem. Mr. MacGilvray stated that a walkway is a possible alternative, but the Church wants to pro- hibit traffic on this portion of Lodge Street during the desig- nated hours. Councilman Bond stated his opinion that there is no use of this portion of Lodge Street during the designated hours except as a parking lot for the congregations of both the Baptist and Method- ist Churches. Mr. MacGilvray stated that when a request for a permanent closing of Lodge Street is considered, attention should be given to how it will affect the parking situation in the area. Director of Capital Improvements Ash stated that the staff's greatest concern is the city's ability to provide emergency ser- vices to the area. He stated that he does not see a problem with the proposal so long as the city can continue to obtain access. He suggested that if the Council is agreeable to the proposal a meeting should be scheduled between staff and representatives of the Church to determine a method for temporarily closing the street that is beneficial to both parties. Mayor Halter stated his opinion that if the staff has no objec- tions to temporarily closing Lodge Street he would not have a problem with the request, but that the Council should investigate thoroughly any request for a permanent closing. He stated that the Council might want to consider a proposal to abandon the street for public access, but maintain it for emergency access to the area. SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1985 PAGE 5 Councilman Boughton stated that if the Council considers a perma- nent closing it should consider the entire block of Lodge Street, in order to avoid creating any severe parking problems in the ar- ea. Councilman Runnels moved to direct the staff to begin negotia- tions with representatives of the A&M United Methodist Church concerning the proposal to periodically close Lodge Street be- tween Church Street and Patricia Street on Sunday mornings and return a recommendation to the Council. Councilman McIlhaney seconded the motion which was approved unan- imously, 7-0. A~enda Item No. 7 - Discussion of a proposed gradin~ and erosion control ordinance. Mr. Mark Smith, Assistant to the City Engineer, presented the item. He noted that the proposed ordinance was drafted by staff and members of the Drainage Committee to provide an interim solu- tion to the erosion problems in the city. Councilman Runnels asked if there is sufficient staff to conduct the inspections proposed in the ordinance. Mr. Smith stated that under current economic conditions the city has sufficient staff to perform the duties specified. Director of Capital Improvements Ash stated that the proposed or- dinance will provide the city with the controls necessary to solve some of the erosion problems that have been encountered in the past. Councilman Tongco asked when the Drainage Report is scheduled for completion. Director of Capital Improvements Ash provided a timetable for completion of the study. Councilman Tongco stated her opinion that the proposed ordinance represents excessive regulation. Mr. Steve Esmond, Chairman of the Drainage Committee, stated that when drafting the proposed ordinance the staff and members of the committee tried to keep in mind that it should be cost effective and justify itself. He stated that the Committee perceives that there is a genuine need to control sedimentation and erosion SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1985 PAGE 6 throughout the city. He referred to a study done on four subdi- visions inside the city limits that determined there is an aver- age of twenty-six cubic yards of erosion per acre, resulting in a dollar loss per acre of approximately $150.00 to $200.00. He further stated that sediment lost during construction occupies a certain amount of volume in the stream beds resulting in the loss of carrying capacity in the stream. He pointed out that home- owners are exempted from having to obtain a permit, but must com- ply with erosion guidelines delineated in the ordinance. Councilman Bond asked for further explanation of the constraints placed on homeowners. Mr. Esmond stated that if a homeowner has visible loss of soil onto the street or onto an adjoining neigh- bor's property it represents a violation of the ordinance. He stated that the ordinance specifies "within the boundaries of the property" allowing the homeowner to do almost anything within the confines of his own property. Councilman Brown stated that the proposed ordinance addresses a temporary problem occurring only during construction, and noted that the problem is resolved once landscaping is installed. He stated his opinion that the proposed ordinance adds to the tre- mendous number of problems developers and builders are currently encountering. Mr. Esmond pointed out that erosion will occur on developed property if it is not maintained properly, particularly on steep slopes. Mr. Esmond provided a brief summary of the activities of the com- mittee since its appointment a year ago. He stated that the pro- posed ordinance has the broad concensus of committee members and expressed the committee's opinion that it is in the city's best interest. Councilman Runnels asked if the committee had reviewed comparable ordinances adopted by other cities. Mr. Esmond stated that the committee obtained and reviewed similar ordinances from several other cities. Councilman Boughton pointed out that a number of individuals on the committee are involved in development. Mr. Esmond concurred and listed the names of committee members and their respective occupations. Councilman Bond asked if agricultural use of land is exempted. Mr. Esmond replied affirmatively. SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1985 PAGE 7 Mayor Halter stated that over the years many citizens have com- plained about erosion and flooding, which to some degree is a re- sult of erosion. He stated his opinion that the city needs to adopt an ordinance addressing the erosion problem. Councilman Tongco asked for clarification of Section 13 which ex- empts emergency work authorized by the city. Mr. Ash stated that the city must comply with the erosion regulations delineated, but is exempted from obtaining a permit. Councilman Bond provided an example using the development occur- ring in $outhwood Valley and questioned what constraints develop- ers are placed under in this type of situation. Mr. Ash stated that the developer will be required to submit a proposed plan to control soil loss. He referred to the example given and stated that the developer probably would not do anything since none of the property at the time of development is owned by the city. He stated that the ordinance addresses erosion when it occurs on traveled city streets. Councilman Bond asked for an explanation of the proposed permit- ting process. Mr. Esmond pointed out that most of the steps out- lined in the permitting process are currently required in the platting process. He stated that the committee's concern was that the proposed ordinance should not be onerous and cumbersome to developers. Director of Capital Improvements Ash asked that the Council offer the staff and committee guidance concerning the proposed ordi- nance. He suggested that possibly several members of the Council could meet with staff and committee members to review and refine the proposed ordinance. Councilman Brown stated his opinion that the city needs to have some measure of control during all phases of construction, but too many regulations might limit the number of developers wanting to work in College Station. Mr. James Gaston, a committee member, suggested that any further discussions of the proposed ordinance should include developers in order to ascertain their views. In addition, he suggested that the staff invite firms doing redevelopment projects to par- ticipate in the discussions. Councilman Runnels stated that he would like to be provided with some examples of cities not adversely affected by the adoption of stringent erosion control ordinances. SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1985 PAGE 8 Councilman McIlhaney noted that several years ago Brazos Beauti- ful showed a film that addressed the issue of erosion control and suggested that the Council, staff and committee members might consider viewing it. Councilman Tongco expressed her opinion that there is a need for some type of control in the area of erosion, but a more simpli- fied ordinance should be drafted addressing the major problems. She stated that it would be premature for the Council to provide any direction to the staff and committee without a more thorough review of the information to be provided in the Drainage Report. Mayor Halter suggested that the matter be assigned to the City Affairs Council Committee for further discussion with the Drain- age Committee and staff and return a report to the Council. The Council concurred with the suggestion. Agenda Item No. 8 - Consideration of a resolution sus~endin~ the October 31, 1985 rate increase by McCaw BCS Communications, Inc. Mayor Halter referred to a letter dated November 19, 1985, sub- mitted by McCaw BCS Communications, Inc., which suggests a volun- tary delay in the implementation of the proposed rate increase until January 1, 1986, to provide adequate time for a consultant to conclude his analysis and make a report of his findings to the Council. He stated that the City of Bryan has agreed to hire Mr. Jack Hopper to perform the financial analysis of McCaw's fi- nancial records to determine if the proposed rate increase is justified. He recommended that the Council approve the hiring of Mr. Hopper to perform the analysis, in order to facilitate a de- cision by the Council on the proposed rate increase. City Attorney Locke pointed out that the franchise agreement al- lows the city thirty days prior to the implementation of the new rate to suspend it, noting that the suspension period is from Oc- tober 31, 1985 to November 30, 1985. She stated that approval of the resolution suspending the proposed rate increase will trigger an additional thirty day period to obtain and review McCaw's fi- nancial records as delineated in the resolution. She pointed out that McCaw's offer to delay the implementation of the proposed rate increase until January 1, 1986, would not provide the city with much more time. Mayor Halter asked for comments from the public. SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1985 PAGE 9 Dr. Larry Ringer, Chairman of the Franchise Advisory Committee, confirmed the recommendation of the Committee that the Council should approve the proposed resolution suspending the October 31, 1985 rate increase by McCaw BCS Conm~unications, Inc. and autho- rizing a rate study. Councilman Boughton moved approval of Resolution No. 11-20-85-08 suspending the October 31, 1985 rate increase by McCaw BCS Com- munications, Inc. Councilman Bond seconded the motion which was approved unanimous- ly, 7-0. Agenda Item No. 9 - Discussion and consideration of College Sta- tion Industrial Foundation agreements. Mayor Halter stated that he rescheduled this item to offer the Council an opportunity for further discussion. He suggested that the Council might want to consider approving the proposed Bylaws and Articles of Incorporation. City Attorney Locke pointed out that Council approval of the for- mation of a new corporation and its bylaws must be done by reso- lution. She suggested that a proposed resolution can be sched- uled on the next available agenda. Councilman Bond asked if the bylaws are subject to Council ap- proval. City Attorney Locke replied affirmatively and offered a brief explanation. Councilman Tongco stated her opinion that the initial cost of the land purchased for the industrial park should be paid back to the city. She asked whether or not a time limit should be placed on renewal of Article 3. Councilman Bond stated that most corporations of this nature are created in perpetuity and explained the problems that are inher- ent if a time limit is designated. Councilman Runnels referred to the Bylaws, Article 3, and ques- tioned why the chief executive officer is called the "President" rather than "Executive Director." Mayor Halter stated that the term "Executive Director" is more commonly used in public organi- zations and the term "President" is more commonly used in private organizations. SPECIAL MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1985 PAGE 10 Councilman Bond asked City Attorney Locke to reaffirm that the Bylaws and Charter of the College Station Industrial Foundation are written in a manner that will allow the Council to follow-up and do the things that are intended to be done. City Attorney Locke replied affirmatively. She stated that she had compared the proposed Bylaws with the Development Corporation Act and the Bylaws track it closely. Councilman Bond moved to direct the City Attorney to prepare a resolution expressing Council approval of the creation of a new corporation and its bylaws. Councilman Boughton seconded the motion which was approved unani- mously, 7-0. The Council concurred to schedule consideration of the proposed resolution on the workshop meeting agenda, December 11, 1985. Agenda Item No. 10 - Hear Visitors. No one spoke. A~enda Item No. 11 - Closed session to discuss ~endin~ litigation [6252-17(2)(e)] and land acquisition [6252-17(2)(f)]. A. Land Acquisition [6252-17(2)(f)]. 1. Parkland. The Council moved to closed session and later reopened to the public. Agenda Item No. 12 - Action on closed session. No action was taken on closed session. A~enda Item No. 13 - Adjourn. Mayor Halter adjourned the meeting at 5:50 P.M. Dian J~,n~, City Secretary me e GUEST REGISTER Special City Council Meeting Wednesday, November 20, 1985 4:00 P.M. 19. 20. 21. 22. 23. e 24. 25. Se 26. J 27. 10. 28. 11. 29. 12. 30. 13. 14. 15. 16. 17. 18. 31. 32. 33. 34. 35. 36. 005415