The URL can be used to link to this page

Home My WebLink About02/26/2004 - Regular Minutes City CouncilCollege Stdtton, Embra¢otg tke Pa~t. Explortng tke Future Mayor Ron Sflwa Mayor Pro Tempore Anne Hazen City Manager Thomas E Brymer City Council John Happ Robert Waremg Scott Mears Dennis Maloney James Massey Minutes College Station City Council Workshop and Regular Meetings Thursday, February 26, 2004 at 3:00 p.m. and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor Sllv,a, Mayor Pro Tern Hazen, Councd members Massey, Happ Waremg, Meats, Maloney, Massey STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Auomey Cargill Jr., City Secretary Hooks, Director of Development Servmes Temphn, Director of Budget and Strategm Planning Kersten. Director of Fiscal Services Cryan, ChiefofPohce Feldmun, Director of Parks and Recreatmn Beachy, Assistant to the City Manager Curtis, Assistant City Secretary Casares Mayor SIlvla called the workshop meeting to order at 3'01 p.m. Workshop Agenda item No. ! - Discussion of consent agenda items listed for Regular council Meeting. I I. I - Discussion and possible action on the minutes for workshop and regular meet[ngs for February 12, 2004 and special meeting February 5, 2004 Council member Maloney moved to clan~ reformation recorded in the February 12, 2004 minutes related to the Aggm Field of Honor. He d~rected staffto add correspondence to the minutes of February 12~h from the Chairman of the Cemetery Committee, Katherine Edwards. Her correspondence reflected the position of thc Cemetery Committee on the subject of the proposed Aggm Field of Honor. Council member Meats seconded the motion, which carried unammously, 7-0. FOR' Sllvla, Hazen, Massey, Happ, Wareing, Meats, Maloney AGAINST None C~ty Councd Meet,ng 2/26/04 Page 2 Workshop Agenda Item No. 2 - Presentation, discuss!on and possible action regarding the racial profiling report required annually by Senate Bill 1074, Texas 77rh Legislative Session. Assistant Pohce CMefM~ke Patterson introduced Dr. Del Carmen He came forward to make a prenentatlon regarding College Statton Police Department 2003 Racml Profile report He assured the C,ty Councd that the College Statmn Pohce Department continues to address the issue of mc,al profil,ng m a serious manner He noted that ~t was clear from ,ts approach of the collection and analys~a of traffic related data. that they are comm,tted to ~dentffy and addressing 0f necessary) areas of concern w~th respect to the profiling ofmmomy motorists It ~s ewdent ,n the report: the College Station Police Department has, comphed w~th the Texas Racml Profihng Law No formal action was taken Workshop Agenda Item No. 3 - Presentafion~ discussion and possible action on Issues related to neighborhood integrity and rental housing. Ass,slant City Manager Glenn Brown ~nrroduced F~re CMef Dave G~ordano, Assistant F~rc Ch~ef-Opemtmns Erie lturt, and Director of Development Serwces Kelly Temphn. lie noted at the January 22. 2004 C~ty Councd meeting. Council d~reeted staff to investigate other college commumt~es and how these communities are reducing the impact on single-family neighborhoods and neighborhood integrity ,ssues such as: I ) number of unrelated tenants m single family restdenees. 2) rental rcg~stratmn, 3) mspectwn and conservatwn, and 4) historic overlay dmtrletS. Mr. Brown pointed out that staff has not completed the legal research at th~s t~me to understand the eth,eal and legal ~mphcatmns F~re CMefG~ordano remarked that the purpose of the survey was to obtain information from umvers~ty commumtles on how they were addressing neighborhood integrity and rental housing ~ssues. Approximately thirty-five umvers~ty eommumtles were surveyed e~ther by phone, site ws~t, or using mformatwn avatlable on their web rote. Staffselected and wsited slx sites, which were: · Blacksburg. VA · Boulder. CO · Manhattan. KS · Lawrence. KS · Norman, OK · Stlllwater, OK These s,tes were selected based on their reputauons for effective code enforcement programs or communmes that have been mentioned by our Counol on various occasions. l~qdmg Cttstomer Seth,ice .Excellence OI~lt'C' OJ the Ct0 Secretar~ College Statton, Teru~ City Council Meeting 2/26/04 Other communities contacted were: Page 3 · Lubbock · San Man:os · Huntsville · Tempe, AZ · Ft Collins, CO · Ames, IA · Gamesville, FL · 22 other cities Fire Chief Giordano noted that all the communities contacted have similar concerns with neighborhood integrity and rental housing. These issues will have an impact on our neighborhood, citizens, business community, and the students that live in our community He addressed six areas ofconcero: · Family Definition · Zoning Ordinance · Requirements/Amortization · Further Research · Limit On-street Parking · Rental Registration Program As staff surveyed communities, most communities had an unrelated occupancy of three or four. However, staffdld find several communities that had unrelated occupancy limited to two. All of the contacted communities stated their enforcement efforts were comp[rant driven. Proof of the number of unrelated could be difficult to enforce and the burden of proof is on the mty. The City of College Station had taken an aggressive approach with parking issues. Staffd~d not find anyone that had the same resources as College Station on parking issues. Some communities have parking permit programs for certain areas of their cities while others did not put a lot of effort into dealing with parking issues. Also, Fire Chief Glordano noted that in the survey, staffdid not find any cities that require garages for single-family housing. Some cities have ordinances addressing off-street parking, with I. 1 to I 5 parking spaces per bedroom. Only one community required 1.8 parking spaces per bedroom. In other cities, the conservation Overlay/Historic Preservation Ordinance can be established by the City Council or a neighborhood can request to have their area identified as a specific overlay. Director of Development Services Kelly Temphn explained the accomplished in the Umfied Development Ordinance. He reviewed the following items- · Buffenng reqmrements · Lighting standards · Set back requirements Providing Cttstomer Setn~ce F~vcellence 0.~c¢ of the Ctn, Sec~vtar~ College Shtllon, Tevus City Council Meeting 2/26/04 Supplemental standards permitted with a number of safety · Clustefing option to leave green space · Discussion of changing the unrelated · Extensive discussion regarding the issues · Comprehensive Plan Page 4 Mr Templin presented maps of the City of College Station Land Use Plan and areas where students tend to live within the city Mayor Pro Tern Hazen requested proposals from staffregardmg in-fill development Council member Waremg made the following comments and asked that the comments be made a part of this record. "He stated that the matter before this Council is very important. I would like to thank the citizens of College Hills who corresponded to h~m about this issue, and the issue that concerns the integrity of an historical neighborhood and the property rights oflndwlduals. It is a privilege to serve m a commumty where people feel smcerely and passionately about their neighborhoods. The scope and nature of the problem involves several issues, among the most Important are: I. The quality of life ofall our citizens. 2. Neighborhood integrity and preservation, 3 Rights of property and home owners: 4. Rights of developers; 5. Landlord rights; 6 Investors' fights; 7. The nature of private property: 8 Legal issues related to zoning, statutes, codes, enforcemem, ete 9. Students' rights, privileges and responsibilities; and, 10. The historical connection between College Station and Texas A&M University students, professors and, In particular their hying arrangements. Considering the number of issues involved in this matter, would it be just. considerate, wise. or fair for us to make a decision before all parties have an opportunity to make their views, concerns and legal/quality of life issues considered? Have we not a moral obligation and legal duty to weigh all rights, to give due deliberation to all patties' concerns, and to ensure that we adhere to basic principles of due process before we decide or vote on this matter?. We -know that emotions are heated. We know that fears exist. However, the best way for us to handle this is in a deliberate and fair manner. Our method must represent our desire to handle this as quickly as possible, but we can not be unfair. We must consider the rights of all part,es With fairness in mind, may I suggest that we direct the staff to conduct a study that will examine all the issues afore mentioned and report back to us no later than 90 days from today (February 26. 2004), or on June I. 2004, whichever is sooner or more feasible. Prm~dtng Cttstomer Set, tee Iqvcellence O~lice oJ ttte Cttt, Set'tx'tart College Station. Te~:ds Council Me~ng 2/26/04 Page 5 As a Council we have a respons,bllity to cons,der the rights of all, regardless of how some may be considered as more vocal, more important, wealth,er or more connected We must be fa,r; we must act out of wisdom and m accordance with due process. If we do not act m such a manner, tt is my fear that we will lose out integrity and find ourselves recons,denng matters that should be settled Our ulumate goal is to ensure a high quahty ofhfe for all cmzens, that ,ncludes home owners, renters, adults, students and. yes, even those who revest in our commumty at personal risk. and who ensure that our tax base remains health and our future bright. Please give every cons,deration to my request that any dec,s,on on this matter be delayed untd a study can be completed as requested above" Councd member Robert Warelng moved to d,rect staffto conduct a study tbat will examine all ,ssues mentioned above and report back to Courted no later than 90 days from today (February 26. 2004) or June 1. 2004. wh,chever ,s sooner or more feas,ble Council member Meats seconded the mot,on. Mayor Pro Tern Hazen requested a moratorium on in-fill development dunng the time of the study. She asked ffth,s would be legal. City Attorney Harvey Cargill remarked that Section 18 provismn would covers most s~tuations. Mr. Cargill added that the hmltations on moratoriums have been restricted by the leg,slature at the last session. Mayor Pro Tem Hazen stressed the need to make sure we do not have any more ne,ghborhood development (hke Thomas Park area) unt,I the study Is completed. City Attorney Harvey Cargdl d,d not think ,t was possible to prevent development Councd member Maloney stated he will vote against the motion. He was not in favor of staff conducting a study that wdl examine all issues and report back to Council no later than 90 days He pointed out that staff has conducted a study and the t,me ,s now for the staffto work on certain issues Mayor Sdvm reminded the City Council that staffdld conduct a study around umverslty communmes. He pointed out that staff'will have to research the legal issues surrounding their findings. Cotmcfl member Maloney expressed the need to explore the issue of smgle-famdy housing being used as a busmess Council member Happ remarked that the Council should consider alternat,ves and how ,t relates to the C,ty of College Station. He quesuoned the Cities authority m controlling how property owners manage rental property The Council would have to define family before any recommendations could be made Council member Massey stated that he will support the mot,on He expressed m,xed views with separating single family dwelhngs units and rental property from the em,re city. Providing Customer Set. lee F. xeellenee Ofl~ce oJ the Ctt~ S~:retat~ College Shlttolt, City Council Meeting 2/26/04 Page 6 Mayor Pm Tem Hazen stated that she will not support the motion due to the 90 days clause tn the motion Councd member Maloney concurred with Mayor Pro Tem Hazen CRy Manager Tom Brymer suggested an Ad Hoc Task Force w~th the involvement by the following · Apartment Managers Assoclatzon · Landlord Assooatlon · Neighborhood Association · Impacted Cmzens · Off-Campus Students Assocmtlon · Appropriate City Staff Councd member Ware~ng repeated h~s motion, to direct staff to conduct a study that will examine all ~ssues mentIoned in bis statement and report back to Councd no later than 90 days from today (February 26, 2004) or June 1,2004, which ever ~s sooner or more feastble Council member Meats seconded the motion, which earned by a vote of 5-2. FOR' Sdvta, Massey, Happ Ware~ng, Mears AGAINST Maloney and Hazen Counc,I members expressed the following ~ssues to address wzthm the study · Reducing tile number of unrelated md,vlduals allowed ~n a single famdy dwelling unit · C~ty Wide R-I Single Famdy · Overlay District · OffStreet Parking Reqmrements · Safety Issues · Enforcing V~olatlons. · lnfill Development m R-I Single Family · Rental Registration Program Council member Massey suggested a program to educate thc students and an economic impact report tncluded m the study. Council recessed at 4:48 p.m. for a shor~ break and returned to the workshop meeting at 5:05 pm. Workshop Agenda Item No. 4 - Pres~ntntinn; discussion and possible action regardlr.~ intergenerational park improvements; neighborhood parks status; athletic field equity and usane: and Veterans Park and Athletic Complex update. D~rector of Parks and Recreation Steve Beachy presented an overview of the ~mplementat~on of the Intergenemt~onal park report: the status of neighborhood parks throughout the commumty, comparison of the various types ofathletm fields and utilization of those facdmes; and Providtng Customer Service Excellence Office o£the Cm $cc~vtarv College Station Te~av Ctty Council Meeting 2/26/04 Page 7 implementation of the Veterans Park and Athletic Park master plan. Mr. Beachy recognized Chmrman of the Parks and Recreation Board John Nichols. After a brief discussion. Council d~rected staffto begin developing Steeplechase Park and investigate the availability of funds for add~tmnal hghtlng of soccer fields. Council member Happ stressed the need to begin upgrading Eastgate Park John Nichols, Chairman of the Parks and Recrcat.on Board, conveyed pos~ttve comments pertaining to park pnorttles. Workshop Agenda Item No. 5 -- Discussion and pnaaihle action on future aeenda items - A Council Member may inquire about a sub]ect for which notice has not been given. A statement of specific factual information or the recitation of existin~ oolicv may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent mectinR. Mayor Sdvla requested a workshop agenda item to invite Kelly Durham of the Brazos Ammal Shelter to give an updated report ofact~wties. Council member Waremg seconded the motion, whtch canned unanimously, 7-0 FOR Sdwa, Hazen, Massey, Happ Waremg, Meats, Maloney AGAINST' None Workshop Agenda Item No. 6 - Council Calendar Agenda Planning Calendar as of February 20, 2004 February 23 Cmzen's Umvers~ty Sesston 5, 6'00 p.m, City Hall Council Chambers February 24 Chamber of Commerce Luncheon honoring African American Businesses, I I 30 a.m, Bnarcrcst Country Club February 26 March 1 March 4 March 8 March 27 City Council Workshops and Regular Meeting Citizen's University Session 6, 6.00 p.m. Public Works City Council Special Meeting, 5 30 pm. C~ttzens Umvers~ty Session 7, 6'00 p.m., CS Utlht~es International Festival-Ambassador's Ball, 6:00 p.m., Hilton Workshop Agenda Item No. 7 - Executive Session will immediately follow the workshop meeting in the Administrative Conference Room At 6 04 p.m. Mayor Sllwa announced in open session that the city courted would convene into executive session pursuant to Section 551.071, 551.074 and 551 087of the Open Meetings Act, to seek the admce of the c~ty attorney with respect to pending and contemplated ht~gation and economic development negotiations. Cause No. 52,434-36 I, Brazos County - College Station v. Wolf Pen Creek. Ltd, et al. Case No. G-02-108, U.S. D~stnct Court - Lester v. College Station and Plersall. Cause No. 02-001154-CV-85; Brazos County- Mumclpal Dnlhng vs. College Station C~ty Council Meeting 2/26/04 Page 8 Cause No. 02-002445-CV-272, Brazos County - Evelyn L Brace v College Station, C.D. Henderson, Inc., and Scott Elhott, d/b/a Elhott Construction Cause No 03-000617-CV-272, Brazos County- TCA Holdings, et al. v. College Station Cause No. 03-CV-129115, Fort Bend County-College Station v. Contract Land Staff, Inc. TCEQ Docket No. 2002-1147-UCR: Applications of Brushy Water Supply and College Station (Westslde/Highway 60) TCEQ Docket No 2003-0544MWD; Application of Nantucket, Ltd. TXU Lone Star Gas Rate Request. Wellborn Special Utility District Personnel {Gov't Code Section 551.074}, possible action The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public The following public officer(s) may be discussed' I. City Secretary Evaluation Economic Incentive Negotiations {Gov't Code Section 551.087}; possible action The City Council may deliberate on commercial or financial information that the City Council has received from a business prospect that the City Council seeks to have locate, stay or expand in or near the city with which the City Council in conducting economic development negotiations may deliberate on an offer offinancla[ or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: I. The proposed city conference center and associated private development. Workshon Anenda Item 8 - Final action on Executive Session~ if necessary,. Council recessed from executive session at 6 50 p.m No action was taken. Regular Meeting Mayor Sflma called the regular meting to order at 7 00 p m He led the audience in the pledge of allegiance. Council member Happ moved to approve the absence of Council member Massey and Warelng. Mayor Pro Tem Hazen seconded the motion which carried unanimously, 5-0. City Manager Tom Brymer and Mayor Sllvla presented the Soar Award to James Skinner and Elmer Vanhoorebeke for their superior customer service to the Brazos County A&M Mothers' Club Reeular Aeenda Item No. 10 - Hear Visitors: Stephen Hollas, 3102 Westchester, expressed concerns regarding the reduction of unrelated occupancy In a single farmly dwelhng He stressed that reducing the number of unrelated occupants could create a hardship among students Prm~ding Customer Service F-vcellence O['~ce of thc Cts.' Secr¢,larl College Statton. Terns City Council Meeting 2/26/04 Page 9 Scott Shemll, I 19 Oakleaf, addressed the City Council on the number of unrelated occupants ~n a single family dwelling. He supported the current ordinance that allows four tenants to a dwelhng unit. Dave Hill, 1113 Ashbum, expressed support of the current development in the Thomas Park area. He stressed that the developers comphed with c~ty ordinances, gmdehnes and obtained approval from the homeowner association before the development occurred Jeff Murray, 316 Schumacher Hall, Student Senate Ltatson to the City Council, ~nmted the C~ty Council to speak at the Student Senate meetings and asked the City Council to keep the Student Senate informed on the neighborhood integrity and rental housing ~ssues. Christopher Faust, 1003 Walton, addressed the Counctl regarding sustalnabfl,ty. Karen Beltner 1222 Puryear, remarked that she agreed with Counol member Waremg's motion: however, she d~sagreed wnh the nmehne of 90 days or June I, 2004. The 90 days will continue to allow m-fill development to occur tn a high dens~ty area. Glenn Hudson, 2 [ 11 Maplewood Court, noted that reducing the number of unrelated occupants could cause financial stxess to the landlords and the decline in property value. He requested that everyone work together to find a hlgh-quahty solunon that ~s appropriate for the Ctty of College Station Arthur Wright, 1008 Holt, expressed comments regarding rental rates, property values, and rental registration/annual inspections. Francme Ayres, 1023 Hamngton, recommended that the City Council consider modf~ng the ordinance govermng new construcnon and decrease the number of md,vlduals living m a single family unit m order to preserve neighborhoods Ms. Ayres suggested that the City Council rewrite the definition for R-I Single Family Chris Dean, 601 Luther Street West, suggested that tnput from the students would be appropriate during the staffs review on th~s issue. Doug Pederson, Carter Creek Parkway, presented before and after p~ctures of home ~mprovements ofh~s rental property m College Station Mr. Pederson expressed areas of concern regarding the reductmn of individuals hvmg tn a single family umt. Brian Stagner. I 114 Neal Pickett. questioned the enforcement ora three person hm,t m a s~ngle family dwelling unit and expressed comments made at the workshop meeting. Jack Threadgfll. 1602 Brookhollow. summarized his thoughts regarding the ~ssue of IImmng the number of,nd~wduals living tn a single family unit. Prmqding Customer Serplce Excellence Office of the Ctt¥ Seo~.,tarv College Statton. Texas C~ty Council Meet,ng 2/26/04 Page 10 Mark Conlee. 833 South Rosemary, requested the C~ty Councd review current ordinances to ensure enforcement, before changes are considered Mr. Conlee expressed concerns regard,ng rental registrat~on. Don Jones. 804 Berry Creek. conveyed comments pertaining to policy changes and how it will affect the Cny of College Statmn m the future. Gwenth Edwards. 305 East Frances Drive. expressed comments regarding the areas of development and netghborhood mtegmy. John Ram,re. 1104 Merry Oaks, requested the City Council cons,der making the landlords responsible for the behaviors of the tenants. Shabeer Jaffer. 3808 Goldfinch C,rele. suggested that landlords should include provls,ons m the tenants lease agreement to hm,t parking, excessive veh,cles, large gathenngs, no,se, etc. Consent Agenda 11. I Approved by common consent the minutes for workshop and regular meeting for February 12. 2004 as amended and Special Meeting February 5. 2004 11.2 Bid No. 04-21 - Approved by common consent annual bid for purchase of various electrical d,stnbutmn materials maintained m inventory, with annual est,mated expend,tures totaling 5;392.42 ! 04 il.3 Approved by common consent Resolution No. 2=26-2004-11.03 authorizing the Chief of Pohce to sign a user agreement w,th the Texas Department of Pubhc Safety allowing the College Stat,on Police Department to utdize the driver license image retrieval system. I 1.4 Approved by common consent Change Order Number 2 to a contract w~th Epsdon Engineering for des,gn of Forest Ridge Elementary Access Improvements. 11.5 Approved by common consent Resolution No. 2=26=2004=11.05 provld,ng for an exemptton from reqmrements for C,ty of College Stat,on owned vehicles and authorizing the Purchasing Manager and Purchasing Assistant to sign apphcatmns, registrar,on forms and/or affidavits necessary to obtain undercover hcense plates for vehtcles on behalf of the C,ty. I I 6 Approved by common consent the first reading oran ord,nance approving a non- exclusive natural gas franch,se agreement with TXU Gas Company. 117 Approved by common consent Resolution No. 2=26-2004=i 1.07 regarding a profesmonal services contract w,th Malcolm P,rme. Inc (MPI) to provide engineering for the 2004 Water System Improvements in the amount of $541.685 00 Prorldtttg Customer Service F..z'cellence O~ce of the Cttv Secretary College Stotton. Tcvas City Council Meeting 2/26/04 Page II 11.8 Approved by common consent Resolution No. 2-26-2004-11.08 ordenng a general mumcipal election to be held on May 15, 2004 for the purpose of electing a Mayor. Couned Places2,4, and6 Thisresolutmnprovidesforajomteleetlontobeheld between the City of College Station and the College Station Independent School District. This resolution also orders a runoff election on June 26, 2004 if necessary. 11.9 Approved by common consent an [nterloeal Agreement with Bryan Independent School D~stnct for the purpose of fulfilling and implementing thetr respective pubhc and governmental purposes, needs, object~ves, programs and services for all procurement related activities 11 10 Approved by common consent Ordinance No. 2697 vacating and abandoning ora portion ora variable w,dth slope easement encompassing a total area of 0.101 acres ,n Lot I, Block 19. Emerald Forest Subdivision Phase I IA, City of College Stauon II II Approved by common consent a real estate contract and authonz,ng the Mayor to sign the real estate contract, which will affect the purchase of real property needed at 1208 Foster Avenue. I 1.12 Approved by common consent an amendment to the ground lease between the City of College Station and the Arts Council of Brazos Valley. 11.13 Discuss]on and possible action on an amendment to Chapter 9. Subdivision Regulations. of the C,ty's Code of Ordinances altenng Sect,on 18, Platting and Replattmg w,thin older residential subdlwslons. Council member Mears moved to approve Ordinnnee No 2698 amending Chapter 9. Regulations. of the C~ty's Code of Ordinances altering Section 18. Platting and Replatting within older residential subd~visions. Council member Happ seconded the motion, which carried 3-2. FOR S,lvia, Mears, Happ AGAINST' Hazen and Maloney ABSENT Massey and Wamng Reuular Aeenda Re~,ular Anenda Item No. 12.1 - Public hearing~ disc-aalnn and possible action on on ordinance rezoning Fairhaven Cove consisting of 12 lots on a 1.81 acre tract located in the Nantucket Subdivision offof Nantucket Drive from A-O ARrieultural Open to R-I Sim,lc- Family. Director of Development Services Kelly Templin remarked that the subject property was almexed into the city limits as A-O Agricultural Open The rezomng was necessary In order to bnng the lots into compliance with the lot reqmrements as well as the Comprehensive Plan that shows this area as Single Famdy-medlum density The Planning and Zoning Commission and staff recommended approval of the rezomng. Prm~dlng Customer Senqce Excellence O. ffice of thc Ctn. Secrctar~ College Station, C~ty Council Meeting 2/26/04 Page 12 Mayor SHvia opened the public heanng. No one spoke. He closed the pubhc heanng. Council member Mears moved to approve Ordinance No. 2699 rezomng Fairhaven Cove cons,sting of 12 lots on a I 81 acre tract located m the Nantucket subdivls,on off of Nantucket Dave from A-O Agr,culmral Open to R-I Single-Family Mayor Pm Tem Hazen seconded the mot,on, which earned unanimously, 5-0. FOR: Salvia. Hazen. Happ, Meats and Maloney AGAINST: None ABSENT. Massey, Waremg Reeular Agenda Item No. 12.2 - Public hearing~ discussion and possible action on an ordinance rezoning 4506 State Hiehwav 6 South, con*t**ing of 9.22 acres, from A-O Aerfcuitural Open to 3.61 acres of C-1 General Commercial and 5.61 acres of C-? Commercial Industrial. Director of Development Services Kelly Temphn noted that the applicant has requested the rezomng tn order to develop the property for commercial purposes. He added that the property and the surrounding area were designated as Retail Regional by an amendment to the Comprehensive Plan on January 8. 2004. The land use study concluded that both C-I and C-2 uses would be appropriate m this area because of the location of the property and the adjacent uses The Planning and Zoning Comm,ssion and staff recommended approval ofthe rezonmg. Mayor SiIv,a opened the public heanng. Don Jones, 804 Berry Creek, spoke in favor of the rezon,ng. Mayor SiIvla closed the pubhc heanng. Council member Maloney moved to approve Ordinance No. 2700 rezonmg 4506 State Htghway 6 south, cons,sting of 9.22 acres, from A-O Agricultural Open to 3 61 acres of C-I General Commercial and 5.61 acres of C-2 Commercial Industrial. Council member Happ seconded the motion, carried unammously, 5-0 FOR' Sllv,a, Hazen. Happ. Meats and Maloney AGAINST: None ABSENT: Massey, Waremg Reeular Agenda Item No. 12.3 - Public hearing~ discussion and possible action on an ordinance rezoning a future phase of Shenandoah consisting of 39.943 acres I_neA*~d west of Southern Plantation Drive from A-O Agricultural Open to R-I Single Family Residential. Director of Development Serv,ces Kelly Temphn expla,ned that the apphcant ,s requesting the rezomng m order to prepare the property for single famdy development. The southern port,on of Proptding Cttstomer Serrice Excellence OJ~c¥ of the Ct,", Secreta~ Collcg¢ Station. Tevaa City Council Meeting 2/26/04 Page l3 the property will mmmn A-O m order to preserve the floodplain. The property is surrounded by R-I and A-O that is shown for Single Famdy Resident~al on the Land Use Plan. This property has access to Southern Plantation Drive and Barron Road. The Planning and Zoning and staff recommended approval of the rezonmg. Mayor Sllvla opened the pubhc hearing. ProJect Engineer Mike McClure of Brookway Circle expressed support of the proposed rezonlng and offered to answer questions of the city council. Mayor Sflvla closed the public hearing. Council member Happ moved to approve Ordinance No. 2701 rezomng the future phase of Shenandoah consisting of 39 943 acres located west of Southern Plantation Drive from A-O Agricultural Open to R-I Single Family Residential. Mayor Pm Tern Hazen seconded the monna, which earned unanimously, 5-0 FOR Sflwa, Hazen, Happ, Waremg, Mears and Maloney AGAINST' None ABSENT' Massey, Waremg Regular Agenda Item No. 13 - Discussion, review and possible action regarding following meetings: Brazos County kloalth Department~ Brazos Animal Shelter~ Brazfla Valley Council of Governments, Cemetery Commi~ee~ College Station Busine?.; Development Corporation, Facade Improvement Program Advisory CflmrnHtee~ Historic Preservation Committee, Intergovernmental Committee and School District, Joint Relief Funding Review Committee~ Library Committee, Metropolitan Plannin~ Parks and Recreation Board, Planning and Zoning Commi~ion, Sister City AssoclatJon~ TAMU Student Senate, The Research Valley Partnership, Transportation Committee, Wolf Pen Creek Oversight Committee, Zoning Board of Adiustments, International Festivnle Committee. Couno I member Maloney presented a brief overview of the International Festival Committee. Research Valley Parmership and the Transportation meeting. Council member Meats conveyed posluve comments regarding the African Student Association meeting Providing Cnstomer Sernce Excellence O~ice ol th; Cm Secretan. College Statton. City Council Meeting 2/26/04 Page 14 Mayor Pro Tern Hazen asked the Assistant City Manager Glenn Brown to brief the Councd on the Intergovernmental Committee meeting pertaining lo development regulations. Mr. Brown presented highlights of the Intergovernmental Committee meeting. Councd member Happ expressed comments on an item from the Intergovernmental meeting regarding the Joint Park Project Sub-committee. Council member Happ nominated Council member Massey to serve on the Joint Park Project Sub-committee. The City Council members concurred. Mayor SIIwa presented highlights of the Brazos Animal Shelter meeting. Couned member Happ conveyed positive comments regarding the THSRTC Board meeting. Regular Agenda Item No. 14 - The City Council may convene the executive sess~n followin~ the reeular meetinn to discuss matters posted on the executive session agenda for February 26~ 2004. Council concluded their executive session prior to tile regular meeting. Regular Aeenda Item No. 15 - Final action on executive session~ if necessary. No action taken Rel~ular Attenda Item No. 16 - Adjourn- Hearing no objections, the meeting adjourned at 8'48 p.m. on Thursday, February 26, 2004 PASSED and APPROVED this I Ith day of March, 2004 ATTEST- City Secretary Connie Hooks APPROVED: Provldmg Customer Service F. xcellenee Office ot th; Ctlx. SectYtarv Collegc Slattolt. Tea:ay STATEMENT BY COUNCIL MEMBER ROBERT O. WAREING 26 Febr,~ary 2004 Mr. Mayor: The matter before this council is very important. I would like to thank all the citizens of College Hills who have written me about this issue, an issue that concerns the integrity of an historical neighborhood and the property rights of individuals. It is a privilege to serve in a community where people feel sincerely and passionately about their neighborhoods. The matter at hand involves several issues, among the most important are: l. The quality of life of all our citizens; 2. Neighborhood integrity and preservation: 3. Rights of property and home owners; 4. Rights of developers; 5. Landlord rights; 6. Investors' rights: 7. The nature of private property; 8. Legal issues related to zoning, statutes, codes, enforcement, etc. 9. Students' rights, privileges and responsibilities; and, I 0. The historical connection between College Station and Texas A&M University students, professors and, in particular their living arrangements. I Considering the number of issues involved in this matter, would it be just, considerate, wise or fair for us to make a decision before all parties have an opportunity to make their views, concerns and legal/quality of life issues considered? Have we not a moral obligation and legal duty to weigh all rights, to give due deliberation to all parties' concerns, and to ensure that we adhere to basic principles of due process before we decide or vote on this matter.'? We know that emotions are heated. We know that fears exist. However, the best way for us to handle this is in a deliberate and fair manner. Our method must represent our desire to handle this as quickly as possible, but we can not be unfair. We must consider the rights of all parties. With fairness in mind, may I suggest that we direct the staffto conduct a study that will examine all the issues afore mentioned and report back to us no later than 90 days from today, or on June I, whichever is sooner or more feasible? 2 As a Council we have a responsibility to consider the rights of ail, regardless of how some may be considered as more vocal, more important, wealthier or more connected. We must be fair, we must act out of wisdom and in accordance with due process. If we do not act in such a manner, it is my fear that we will lose our integrity and find ourselves reconsidering matters thai should be settled. Our ultimate goal is to ensure a high quality of life for all citizens, that includes home owners, renters, adults, students and, yes, even those who invest in our community at personal risk, and who ensure that our tax base remains healthy and our future bright. Please give every consideration to my request that any decision on this matter be delayed until a study can be completed as requested above. May I ask that this statement be included in our minutes? Thank you, 3 College Stanon, Embracing the Past. Exploring the Future Mayor Ron Sflwa Mayor Pro Tempore Anne Hazen City Manager Thomas E Brymer City Council John Happ Robert Ware~ng Scott Mears Denms Maloney James Massey )'~ ////_ ~ College Station City .Council ~-/~ Wo.r.kshop Meeting ..~., ~-, . ~ , Sign In Sheet ..~ E ~;alw]p Thursday, February 26, 2004 at 3:00 p.m. ~EIL ~'/ City Hall Council Chambers, 1101 Texas Avenue ~,~ ~1 ~f,*~ ~ College Station, Texas College Sta:~on, Embr~cm~ the Past. Explurin~ the Future Mayor Ron S~lv~a Mayor Pro Tempore Anne Hazen City Manager Thomas E Brymer City Council John Happ Robert Ware~ng Scott Mears Dennm Maloney James Massey College Station City Council Regular Meeting Sign In Sheet Thursday, February 26, 2004 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas Providing Customer Servtce Excellence OJficc of the Ctlx. Sceretarv College St, tttott Te:r&t$ College Statfon. Embmcfng the Past. Exploring tke Future Mayor Ron Silwa Mayor Pro Tempore Anne Hazen City Manager Thomas E Brymer City Council John Happ Robert Ware~ng Scott Mears Denms Maloney James Massey College Station City Council Regular Meeting Sign In Sheet Thursday, February 26, 2004 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Te~ Providing Customer Service Excellence O.~ice of ttte Ctt~ Sccretarv College Statton, Teros