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HomeMy WebLinkAbout12/14/2000 - Regular Minutes City CouncilPage 1 of 16 Mayor Lynn Mcllhaney Mayor Pro Tempore Larry Mariott City Manager Thomas E. Brymer City Council James Massey Ron Silvia Winnie Garner Dennis Maloney Anne Hazen MINUTES College Station City Council Workshop and Regular Meeting Thursday, December 14, 2000 at 3:00 p.m. and 7:00 p.m. City Hall Council Chambers COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Pro Tem Mariott, Councilmembers Massey, Maloney, Silvia, Hazen and Garner STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Director of Development Services Callaway, Director of Fiscal Services Cryan, Director of Office of Technology & Information Services Piwonka, Director of Public Services Smith, Director of Economic Development Foutz, City Planner Kee, Senior Planner Kuenzel, Staff Planner Jimmerson, and Staff Planner Laauwe Agenda Item No. 1 - Discussion of consent agenda items listed for Regular Council Meeting. 13.13 City Manager Brymer explained the variation in language on the City Council agenda and the cover sheet. The correct language is listed on the cover sheet, which states a one-year contract for stop- loss. Mayor Mcllhaney abstained from this discussion. 13.20 Councilmember Hazen asked if Munson Avenue could be the first street considered under the Neighborhood Traffic Calming Policy. Mayor Mcllhaney suggested removing this item at the regular agenda for staff direction. Agenda Item No. 2 - Presentation, discussion and possible action on the adoption of a city center conceptual plan. .Assistant City Manager Brown presented this item. He stated that the City Center Ad Hoc Committee has worked with staff and Brinkley-Sargent Consulting Firm to develop a conceptual plan for the location of a City Center Project. The conceptual plan describes the boundaries of the proposed City Center between Texas Avenue and the East Bypass, Krenek Tap Road and Harvey Mitchell Parkway South. The City currently owns much of the land in this area including Central Park, the land that current City facilities occupy, and the recently purchased Freeman tract. In September 1999, Council appointed the City Center Planning Ad Hoc Committee to work on http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 2 of 16 developing a master plan for the City Center site. In March 2000, a consultant was hired to develop a site master plan. The conceptual plan employs a "new-urbanism" type mix of public and private offices, retail business cultural facilities, and outdoor recreation facilities. The City Center conceptual plan depicts an area of the City where a person can work, live, shop and play within facilities of close proximity to each other. It is envisioned that the City Center would act as a "downtown" for College Station with City Hall being the anchor element of the new development. City Center Ad Hoc Committee members Nancy Crouch and Tom McKittrick addressed the City Council. Mrs. Crouch presented thirteen possible concepts for the City Center Project and three recommendations stated below: Recommendation # 1 - Accept City Center Conceptual Plan as presented Recommendation #2 - Direct staff to create an overlay or special zoning district within the boundaries of Texas Avenue, the East Bypass, and the appropriate land north of Krenek Tap Road and south of Harvey Mitchell Parkway. Recommendation #3 - Allow the ad hoc City Center Committee to advise and oversee staff in the zoning of the proposed City Center site. Mayor Pro Tem Mariott made a motion to accept the City Center Conceptual Plan as presented, directed City Manager Brymer, key staff and the committee to work on the facets of this plan and its cost projections, and return to Council with staff recommendations. Motion seconded by Councilman Silvia, which carried by a vote of 7-0. FOR: Mcllhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No. 3 - Presentation, discussion and possible action regarding a project recommendation for the use of General Obligation Bonds (GOB) approved by the voters in 1995 for the construction of a North- South Thoroughfare. Director of Public Works Mark Smith presented this item. Mr. Smith stated that in 1995, bonds were approved for the purpose of improving north - south traffic movement within the City of College Station. In 1998, those funds were specifically designated to construct an extension of Jones Butler Road from Luther Street north to George Bush Drive. Currently, A&M officials are not interested in making this roadway extension. That project may be realized at some time in the future. Staff recommended that the GOB '95 funding be used to make a north-south connection elsewhere in the city. Mr. Smith outlined alternative projects for the use of these bond funds: Longmire Extension, Central Park Lane, Dartmouth Extension and streets to serve proposed school sites. In consideration of these alternative projects, staff considered the Thoroughfare Plan, traffic volumes, the impact on current traffic congestion, cost and development trends. · Longmire Extension- Estimated cost 2.1 million, 1.8 (unfunded, $387,000 budgeted for right of way) · Central Park Lane - Estimated cost $508,000 (unfunded) · Dartmouth Extension- Estimated cost $2.9 million (unfunded) · Alexandria Drive Extension and East/West Road along Barron- Estimated cost 1.6 million, (unfunded) Mr. Smith described additional construction projects, such as "AMS" street that would connect Emerald Parkway to Sebesta Road, $954,000, budgeted. The cost of this street was expensive due to recent land acquisition experience. He indicated the right-of-way will cost more that the city has budgeted for http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 3 of 16 land. The projected traffic volumes are less than 300 per day. Staff recommended that this street project be removed from the CIP list and the funds be assessed for other pertinent projects. Staff recommended the construction of the Longmire Extension, with the extension of Dartmouth to follow. Mayor Pro Tem Mariott made a motion to approve the Longmire Extension and bring back before the council input from TXDOT regarding an exit ramp, and the reassessment of funds for AMS project and Jones Butler project. Councilman Maloney seconded the motion, which carried by a vote of 7-0. FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Council recessed at 4:55 p.m. for a short break. They reconvened at 5:03 p.m. Agenda Item No. 5 - Presentation, discussion, and possible action regarding a contract with Dean International for development of strategies to accomplish a transportation improvement plan for the City of College Station. Assistant City Manager Brown stated the proposed contract with Dean International is to provide assistance to the City in developing transportation strategies. The proposed strategies include: developing a proactive public policy, performing a comprehensive evaluation of existing mass transit services, maximize the city's ability to work locally through the MPO, identification of potential funding sources, and the execution of strategic mission trips to Austin and Washington D.C. to petition for funding and assistance in the city's meeting its transportation goals. Councilmembers requested the consultant add a section to the contract regarding periodic written reports be provided to the city. The consultant agreed and stated that he would add a paragraph that states: "Prepare periodic written reports regarding the above-described initiatives as directed by the City Manager." Consideration of this item was listed on the regular agenda. Agenda Item No. 4 - Presentation, discussion and possible action on Fiscal and Budgetary Policy Statements regarding paving assessments. Director of Public Works Mark Smith presented this item. Mr. Smith stated that in the last ten years, the City has not used a levying of paving assessments for roadway cost. Currently there is a Council adopted Fiscal and Budgetary Policy statement that provides some general direction to staff on the issue of paving assessments. However, this policy is fairly general and staff needs specific direction regarding the use of paving assessments for City initiated thoroughfare extensions. Property owners who are not ready to develop their property may not view paving assessment favorable. This opposition to the assessment may be voiced at a public hearing before Council, a process required by the assessment policy. Also, assessment of paving cost involves extensive staff time and cost commitment due to the steps that must be followed to comply with State law. The basic steps in making a paving assessment are: http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 4 of 16 Resolution authorizing preparation of plans and specifications Resolution approving plans, ordering improvements, providing for assessment, and directing solicitation of bids Resolution awarding contract and calling a public hearing Filing of notice of paving lien Public hearing letters to property owners and railroads subject to assessment Public Hearing Notice of passage of ordinance leaving the assessment The City currently has capital street projects involving thoroughfare extensions where paving assessments might be used. Staff recommended paving assessments for thoroughfare extensions initiated by the City if it enhances the value of the adjacent property. If the City does levy assessments for thoroughfare extensions, the assessment language in the City Code should be repealed to make the City Code consistent with the State Transportation Code. Councilman Massey made a motion to support the paving assessment policy, directed staff to use the assessment as a tool for thoroughfare extensions and bring before the Council any changes to our current City Code. Motion seconded by Councilman Silvia, which carried by a vote of 7-0. FOR: McIlhaney, Mariott, Maloney, Hazen, Garner, Silvia and Massey AGAINST: None Agenda Item No. 6 - Agenda Request by Councilmembers. Discussion and possible action on request by residents on Munson Avenue for traffic calming measures. Councilman Hazen requested that this item be considered by council due to a recent petition from Munson residents for traffic calming measures. Council decided to consider this issue at the Regular Meeting under Item No. 13.20. Agenda Item No. 7 - Council Calendars Joint Legislative Committee Meeting, 12/12 Council Workshop and Regular Meetings, 1/11 Breakfast with the Mayor, Jr. High and High School Students, 1/26, 7:30 a.m. - 9:30 a.m., Conference Center Councilman Massey informed the Council of a joint retreat with Bryan City Council as a follow up from the July retreat and possible discussion on the smoking ordinance at a meeting in January. Agenda Item No. 8 - Hear Visitors (5:45 p.m.) At 5:45 p.m. Mayor McIlhaney opened the floor for public comment. No one spoke. Agenda Item No. 9 - Executive Session. At 6:10 p.m., Mayor McIlhaney announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.072, 551.074 and 551.086 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation, to discuss the purchase of real property, to consider the appointment and evaluation of public officers, and to consider economic http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 5 of 16 development negotiations. Pending and Contemplated Litigation {Gov't Code Section 551.071 } 1. Cause No. 43,098-85, Brazos County-Bryan v. College Station 2. Cause No. 96-03168, Travis County- Bryan, et al. v. PUC (intervention) 3. Cause No. 97-02587, Travis County- Bryan, et al. v. PUC (intervention) 4. Cause No. 98-13391, Travis County- Bryan, et al. v. PUC (intervention) 5. Cause No. 96-06940, Travis County- Bryan, et al. v. PUC (intervention) 6. Cause No. 97-07000, Travis County- TMPA v. PUC (intervention) 7. Cause No. 98-11817, Travis County - TMPA v. PUC (intervention) 8. Cause No. GN002343, Travis County- San Antonio v. PUC (intervention) 9. Cause No. GN002513, Travis County- San Antonio v. PUC (intervention) 10. Cause No. 49,367-CCL2, Brazos County- Wilkerson v. College Station 11. Cause No. 50,943-CCL - Brazos County - College Station v. SSC Development, et al., Civil 12. Action No. 01-98-011056-CV, Court of Appeals Gold v. College Station 13. Docket Nos. TX96-2-000 and TX96-2-001, FERC- College Station, applicant 14. Cause No. 50,813-85, Brazos County- College Station v. Phillips Swager Associates, Inc.; et al. 15. Cause No. 51,822-CC 1, Brazos County - Felder v. College Station Real Estate {Gov't Code Section 551.072} 1. City Center Land Acquisition 2. Business Center Land Acquisition 3. Cemetery Land Acquisition 4. STATA Corp. Economic Development Agreement Economic Development Negotiations {Gov't Code Section 551.086} 1. Hotel Conference Center 2. Business Center Prospect 3. Big-Box Retail Personnel {Gov't Code Section 551.074} 1. City Manager Annual Evaluation Council recessed from executive session at 6:55 p.m. and reconvened the executive session following the regular meeting agenda. Regular Meeting Mayor Mcllhaney opened the regular meeting at 7:05 p.m. All councilmembers were present. She led the audience in the pledge of allegiance. Dr. Jerry Neff from A&M United Methodist Church provided the invocation. Mayor Mcllhaney and Councilman Massey presented Ms. Kay Henderson with a check for the Brazos AIA for working with the City of College Station on the Wolf Pen Creek Design Charette. This award was donated on behalf of the memory of Linda DeSalvo, former citizen committee member and former AIA member. Mayor Mcllhaney recognized the following employees for their continued education and dedication to the City of College Station. http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 6 of 16 Natalie Ruiz- AICP Certification Lee Battle- AICP Certification Harvey Cargill, Jr.- Texas City Attorney's Association, President James Polasek- Texas Purchasing Management Association, President Consent Agenda 13.1 Approved by common consent the minutes for City Council special meeting, November 2, 2000 and workshop and regular meeting on November 9, 2000. 13.2 Bid No. 00-08 - Approved by common consent the renewal of an annual agreement for PVC pipe and fittings with Dealers Electric for $9,979.50 and Ward Electric Supply for $127,502.50. Expenses will be charged to individual departments and projects as materials are used. 13.3 Bid No. 00-09 - Approved by common consent the renewal of the annual agreement for Gasoline and Diesel Fuel with Brenco Marketing for an estimated annual expenditure of $386,305.00. Expenses will be charged to individuals departments as used. 13.4 Bid No. 01-04 - Approved by common consent the purchase of a mail folding/inserting system for utility billing. Awarded to lowest, responsible bidder meeting specifications, Round Mailing Systems in the amount of $28,000.00 including trade-in. Funds available and budgeted in the Utility Billing Fund. 13.5 Bid No. 01-05 - Approved by common consent the purchase of self-supporting all dielectric fiber optic cable. Awarded to lowest, responsible bidder meeting specifications, Graybar Electric, in the amount of $84,315.00. Funds available and budgeted in General Capital Projects Fund. This equipment will be used to complete the next phase of the fiber optic loop, which supports the city organization's data and voice service. 13.6 Bid No. 01-13 - Approved by common consent the purchase of decorative street light fixtures. Awarded to lowest responsible bidder meeting specifications, Dealers Electrical Supply in the amount of $41,816.80. Funds available and budgeted in the Electric Fund, Capital Outlay. 13.7 Bid No. 01-14 - Approved by common consent the purchase of ultra violet lamps, ballasts, and pans for Wastewater Treatment Plant. Awarded to lowest responsible bidder by line item as follows: 1) Advanced UV Systems for $16,800.00; 2) and 3) Hartwell Environmental for $4,285.00 and $360.00 respectively; and 4) Gregg Ellner Associates for $790.00. Total annual estimated expenditure is $22,235.00. Funds available and budgeted in the Sewer Fund, Sewer Treatment Operations. 13.8 Approved by common consent ratification of a real estate contract for the purchase of 111 George Bush Drive East in the amount of $62,700. Funds available and budgeted in the George Bush East widening project. 13.9 Approved by common consent a request for oversize participation in the amount of $32,729.86 for construction of 447 feet of 18-inch waterline along the Earl Rudder Freeway east feeder road. The line would extend from the Nissan Dealership north through the Greensworld Subdivision to approximately 400 feet from the intersection of University Drive and the east feeder road. 13.10 Approved by common consent a resolution regarding competitive matters relating to the College Station electric utility. 13.11 Discussion and possible action on a contract with Dean International for development of strategies to accomplish a transportation improvement plan for the City of College Station. Mayor Pro Tem Mariott made a motion to amend the contract to include a provision that directs the consultant to prepare periodic written reports regarding the above described initiatives to the City Manager. Motion seconded by Councilman Massey, which carried unanimously 7-0. FOR: Mcllhaney, Mariott, Maloney, Hazen, Garner, Silvia and Massey AGAINST: None 13.12 Approved by common consent an interlocal agreement with the City of Bryan for the supply of http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 7 of 16 water to either party for emergency use through various interconnections between the municipal water supply systems. 13.13 Approved by common consent the Employee Health Benefits Plan. This is Strategy # 1, Vision Statement # 1," pursue competitive, cost-effective health insurance benefits." Specifically, renewal for third party administration (TPA) of claims; renewal with current stop-loss carrier for one month; new two-year contract for long-term disability and life insurance; renewal of employee assistance program, and renewal of prescription card program. FOR: Mariott, Maloney, Hazen, Garner, Silvia and Massey ABSTAINED: Mcllhaney 13.14 Approved by common consent a resolution for an interlocal agreement with the Texas Association of School Board (TASB) Purchasing Cooperative for the purpose of fulfilling the respective public and governmental purposes, needs, objectives and programs in the purchasing of supplies, materials and equipment. 13.15 Approved by common consent a resolution approving the City Manager to act on behalf of the City of College Station to apply for a Texas Parks and Wildlife Department matching grant for the development of Lick Creek Park. The grant request is in the amount of $258,772. The resolution also dedicates the proposed site for permanent public park and recreational uses. 13.16 Approved by common consent Change Order No. 4 in the amount of $32,850.00 to Othon, Inc. for additional design services on the Northeast Sewer Trunkline Project. (ST- 9805). 13.17 Approved by common consent an agreement between the City of College Station and First USA for the City's Procurement Card Program. 13.18 Approved by common consent drug screening services. This purchase is exempt from competitive bidding as allowed in LGC 252.022(a)(4) procurement for personal, professional, or planning services. Recommend approval of drug screening services and physicals from Scott & White Clinic in the amount not to exceed $18,200.00. Funds available and budgeted in various funds, departments, and divisions within the City. FOR: Mariott, Maloney, Hazen, Garner, Silvia and Massey ABSTAINED: Mcllhaney 13.19 Approved by common consent an interlocal agreement with Texas A&M University for the supply of water to either party for emergency use through various interconnections between the water supply systems. 13.20 Discussion and possible action on a policy for Neighborhood Traffic Calming in the City of College Station. Councilman Hazen made a motion to approve the traffic calming policy with direction to staff to notify the Munson Avenue Homeowners Association of the policy so they may apply to participate in the program. Motion seconded by Councilman S ilvia, motion carried 7-0. FOR: Mcllhaney, Mariott, Maloney, Hazen, Garner, Silvia and Massey AGAINST: None http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 8 of 16 13.21 Approved by common consent workers compensation claims. Recommend approval of blanket purchase order to Texas Municipal League in the amount of $146,158.00 to pay claims for prior workers compensation claims arising from prior years. Funds are available and budgeted in the Workers Compensation Fund. FOR: Mariott, Maloney, Hazen, Garner, Silvia and Massey ABSTAINED: Mcllhaney 13.22 Approved by common consent an amendment to lease agreement between the City of College Station and Deluxe Burger Bar, Inc. Regular Agenda Agenda Item No. 14.1 - Public hearing, discussion and possible action on an ordinance rezoning 5.08 acres located adjacent to the Raintree Subdivision from A-O Agricultural/Open Space to R- lB Single Family Housing. Senior Planner Sabine Kuenzel presented this item. She stated that the subject property is located immediately adjacent to the Raintree subdivision, which is zoned R-1 Single family, and is developed, as a single-family neighborhood with the lot sizes ranging from 9000 to 14,000 square feet. The R-1 B request would allow the 5.08-acre tract to build out at a density very similar to the existing Raintree subdivision with a minimum lot size of 8,000 square feet. The remaining 9.15 acre tract is not included in this request but will most likely be developed in conjunction with the subject 5.08 acres. The 9.15 acres are zoned A-O and R-1 and at this time no rezoning requests are pending. The property is reflected as mixed use on the Land Use Plan and the East Bypass Study. This classification is used in areas where infill development could have a negative impact on existing neighborhoods. This property includes part of the floodplain and floodway of Wolf Pen Creek. On January 21, 1999, the Planning and Zoning Commission considered a rezoning of the subject property, 9.15 acres, as well as adjoining tracts to the north and south. The applicant had requested a combination of commercial: apartments and townhomes. Staff recommended denial of the request due to the Land Use Plan and Development Policies that supported only PDD zoning in mixed-use infill cases. Planning and Zoning Commission recommended denial and the applicant returned to the Planning and Zoning Commission on July 15, 2999 with a request of PDD-H, apartment complex and townhomes. The Planning and Zoning Commission and City Council denied that request on August 12, 1999. In August 2000, the Commission and Council heard a request for R-1 on the subject 5.08 acres. The Commission recommended the requested R-1 to Council, who in turn tabled the item pending review of the East Bypass Study. At the P&Z's last meeting, they recommended denial without prejudice to allow the applicant to return with a PDD-H. Staff recommended approval of either an R-lB with rezoning initated on the 9.15 acres to R-lB, or direction to resubmit a single family PDD-H for the entire 14.23 acres. Mayor Mcllhaney opened the public hearing. The following citizens spoke in favor of the rezoning Greg Taggart, Municipal Development Group The following citizens spoke in opposition of the rezoning request. Sherry Ellison, 2705 Brookway Drive Karley Young, 2711 Redhill Boyce Sorell, 7704 Sherman Court William Walker, 7807 Shiloh Court http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 9 of 16 Mayor McIlhaney closed the public hearing Councilman Maloney made a motion to approve R-1B with the city initiated R-1B for the remaining 9.15 acres. Motion seconded by Mayor Pro Tem Mariott, which failed by a vote of 3-4. FOR: Mariott, Mcllhaney and Hazen AGAINST' Maloney, Massey, Silvia and Garner Councilman Maloney made a motion to return the rezoning of 14.23 acres to the Planning and Zoning Commission without prejudice for a PDD-H rezoning. Motion seconded by Councilman Garner, which carried by a vote 7-0. FOR: Mcllhaney, Mariott, Hazen, Maloney, Massey, Garner and Silvia AGAINST: None Agenda Item No. 14.2 - Public hearing, discussion and possible action on an ordinance rezoning 1.7 acres located at 4004 Harvey Road; approximately 300' west of the intersection of Harvey Road and Pamela Lane; from A-O Agricultural Open to PDD-B Planned Development District- Business. Staff Planner Jessica Jimmerson presented this item. She stated that the applicant's primary interest in this rezoning case is to secure the former Jose's tract for future use as a restaurant. The Planning and Zoning Commission and City Council considered a C-B request for the subject property in 1999. The fact that the City's plan for the areas still reflected it as a "holding" zone was an issue at the time, and Council remanded the case to the Commission with direction to staff to begin a study of the area. Since that time, the 30/60 study has been drafted and presented to the Commission. The study indicates that limited commercial is justified in this block. The Commission and Council considered a second C-B request for the subject property and chose to use the draft of the 30/60 study as a guide in evaluating the rezoning proposal. After consideration, both denied the request without prejudice to allow the applicant to return with a PDD-B request as required in the study. At the public hearings for the two previous rezoning requests for this property, several concerns were raised. These concerns were drainage, lighting, noise, adequate parking and odors, but most strongly objected was the possibility of uses other than restaurant type. Staff proposed that the 40-foot buffer should mitigate most of the negative impacts associated with noise, lighting and odors. Staff recommended approval with the following conditions: · The partially paved parking spaces, 47-55, are surfaced to match the existing spaces and have wheel stops placed at the edge of the edge of the pavement. · In the event the parking along Highway 30 is removed with the widening of the road, that the applicant be allowed to replace that parking elsewhere on the site, but within the 40 ft. buffer. · Staff did not receive the revised conceptual plan in time to review the proposed landscaping and therefore recommended that the site, excluding the 40-foot buffer areas, be required to meet the city's standard landscaping and streetscape requirements. It is intended that the buffer remain in a natural state and that area should not count against the applicant in the calculations for landscaping and streetscaping. Mayor McIlhaney opened the public hearing. The following citizens spoke in opposition of the rezoning. http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 10 of 16 Kathy Eugster, 12 Vista Lane John Vilas, 15 Ranchero Drive Ray Rippstein, 16 Vista Lane Benito Flores-Meath, 901 Val Verde The following citizens spoke in favor of the rezoning. Jack Dillard, 2802 Briargrove, Bryan Councilman Silvia made a motion to approve Ordinance No. 2477 rezoning approximately 1.7 acres from A-O Agricultural Open to PDD-B Planned Development District- Business with staff recommendations. Motion seconded by Councilman Maloney, which carried by a vote of 5-1-1. FOR: Silvia, Maloney, Mcllhaney, Mariott, and Massey AGAINST: Hazen ABSTAINED: Garner Council recessed for a short break Mayor Mcllhaney reconvened the regular meeting at 9:10 p.m. Agenda Item No.14.3 - Public hearing, discussion and possible action on an ordinance rezoning 4.35 acres for the Regency South Subdivision for Planned Unit Development #2 (PUD #2) to Planned Development District for Housing (PDD-H) located south of Brothers Avenue between Texas Avenue and Longmire. Staff Planner Jessica Jimmerson presented this item. She stated that the subject tract and several surrounding areas were zoned R-6, High Density Apartments, then later in the year the subject tract was rezoned to Planned Unit Development #2 (P.U.D. #2) and final plat. The property was replatted in 1983 to current configuration. The Land Use Plan shows the area as Attached Residential, which would have a corresponding density of 10 to 20 dwelling units per acre. The proposed rezoning would result in a density of approximately 7.35 dwelling units per acre. The actual development around Regency South consists of a commercial strip center to the North, 20 duplex units to the east, a City park to the south and 19 townhomes to the west along Longmire. During the rezoning process, four primary concerns were identified through the neighborhood meetings; building height, drainage, use of the alley adjacent to the Longmire townhomes and use of the connector drive between the alley and Regency South's private road. The Planning and Zoning Commission directed staff to work with the developer and the property owners of Regency South and the adjacent properties to find a solution to better address the concerns of all involved. The City's Zoning Ordinance currently has only one district that allows the flexibility necessary to address the existing problem and the concerns that have been risen. These proposed district regulations have been determined after much communication between the area residents, the developer, and staff. The Planning and Zoning Commission and staff recommended approval of the rezoning request. Mayor Mcllhaney opened the public hearing. The following citizens spoke in favor of the rezoning. Lois Beach, 1816-1 Brothers Blvd Mayor McIlhaney closed the public hearing. Councilman Silvia made a motion to approve Ordinance No. 2478 rezoning 4.45 acres for the Regency South Subdivision from Planned Unit Development #2 to Planned Development District. Motion seconded by Councilman Garner, which carried by a vote of 7-0. http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 11 of 16 FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No. 14.4 - Public hearing, discussion and possible action on an ordinance rezoning 6.00 acres in Crawford Burnett, located at 1267 Harvey Mitchell Parkway South from R-1 Single- Family Residential to C-1 General Commercial. Staff Planner Shauna Laauwe presented this item. She stated the applicant is requesting this rezoning in order to prepare the property for commercial development. The applicant indicated a desire to construct a hotel on the property. The proposed commercial zoning is not in compliance with the Land Use Plan or the development pattern of this area. This site does not meet the City's current development policy for the placement of C-1 General Commercial zones. The City's adopted development policies support commercial uses at intersections rather than to allow "strip" style development along all major road frontages. The intended purpose for Harvey Mitchell is to serve as a high-speed traffic loop around our community. It is not intended to provide a commercial corridor and should not develop in a strip commercial style with multiple access points that would slow traffic, and deteriorate the function of Harvey Mitchell as an expressway. Staff considered this request to be of "strip" commercial nature due to the subject property only having access to Harvey Mitchell Parkway, with the Thoroughfare Plan anticipating no other major roadways or intersections in this area. Staff recommended denial of the rezoning due to the requested C-1 use classification and location having characteristics of a spot zoning. The Planning and Zoning Commission recommended denial of the rezoning request. Mayor McIlhaney opened the public hearing. No one spoke. Mayor McIlhaney closed the public hearing. Councilman Maloney made a motion to deny the rezoning of 6.00 acres in Crawford Burnett tract located at 1267 Harvey Mitchell Parkway South from R-1 Single Family to C-1 General Commercial. Motion seconded by Councilman Silvia, which carried by a vote of 7-0. FOR: Mcllhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No. 14.5 - Public hearing, discussion and possible action on an ordinance rezoning 3.698 acres in Steeplechase Phase 7, located near the intersection of Wellborn and Navarro Roads, from R-3 Townhouse to PDD-H Planned Development District for housing. Staff Planner Jessica Jimmerson presented a staff report and recommended approval of the rezoning request. Ms. Jimmerson explained that the applicant is requesting this PDD-H rezoning to allow for modifications to the R-3 townhomes zoning requirements. The R-3 zoning district has a set lot size of 2000sf and a minimum dimension requirement of 20 x 100. The applicant is proposing to meet the lot size requirement for the R-3 district of 2000 SF and would like the flexibility to plan for different lot dimensions than those prescribed by the zoning ordinance. Also, the applicant would like to modify the setback requirements of the interior lots to simplify the lot line layout for the project. The Planning and Zoning Commission and staff recommended approval of the rezoning request. Mayor McIlhaney opened the public hearing. The following citizens spoke in favor of the rezoning. Mike McClure, 9626 Brookwater Circle http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 12 of 16 Mayor McIlhaney closed the public hearing Councilman Silvia made a motion to approve Ordinance No. 2479 with staff recommendations rezoning approximately 3.698 acres in Steeplechase Phase 7 from R-3, Townhouse to PDD-H, Planned Development District for Housing. Motion seconded by Councilman Massey, which carried by a vote of 6-1. FOR; Mcllhaney, Mariott, Hazen, Maloney, Silvia and Massey AGAINST: None ABSTAINED: Garner Agenda Item No. 14.6 - Public hearing, discussion and possible action on an ordinance rezoning the new College Station Business Center, approximately 339 acres located near the northeast intersection of State Highway 6 and Greens Prairie Road, from C-l, R-l, R-2, and A-O to M-1 Planned Industrial. Staff Planner Jessica Jimmerson presented this item. She stated the City Council recently purchased this property with the intent of developing a new business park in this location. This proposal does not match the Land Use Plan for this area; the decision of the Council to purchase the property for this purpose is a decision to amend the Land Use Plan. The next small area planning project will be in this area to determine what other adjustments, if any, will be necessary to the Land Use and Thoroughfare Plans. Another area of the Comprehensive Plan, the Greenways Master Plan, is also addressed with this project. A large portion of the property will be a dedicated greenway. These areas will also serve a secondary purpose of buffering much of the proposed business park from surrounding land uses. The Planning and Zoning Commission and staff recommend approval of the rezoning. Mayor McIlhaney opened the public hearing. No one spoke. Mayor McIlhaney closed the public hearing. Councilman Garner made a motion to approve Ordinance No. 2480 rezoning the New College Station Business Center, 339 acres from C-l, R-l, R-2 and A-O to M-1 Planned Industrial. Motion seconded by Councilman Silvia, which carried by a vote of 7-0. FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No 14.7- Public hearing, discussion and possible action on an ordinance amending Section 7.22D of Ordinance No. 1638, the Zoning Ordinance of the City of College Station to add "commercial amusements" to the list of conditional uses in the C-B Commercial Business District. City Planner Jane Kee presented this item. She stated that the owners of Champion Firearms want to relocate to The Village Shopping Center and expand their business by including an indoor shooting range. An indoor range is defined in the Zoning Ordinance as a commercial amusement. The Village Shopping Center is zoned C-B Business Commercial. Commercial amusements are not permitted by right of allowed as a conditional use in the C-B zoning district. There are only three ways to locate a commercial amusement in this center. The property can be rezoned to C-1 General Commercial where these uses are permitted by right. The C-B zone can be amended to allow an indoor shooting range and/or other commercial amusements by right. Lastly, the C-B zone can be amended to allow an indoor shooting range and/or other commercial amusements as a conditional use. The latter option gives the City the greatest amount of control. http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 13 of 16 The zone was amended to add convenience stores and gas stations as possible conditional uses. At present, the list of conditional uses included nightclubs, convenience stores, gasoline and service stations and cleaners with on-site cleaning facilities. Ms Kee stated the ordinance amendment will expand the list of conditional uses in the C-B zone to include commercial amusements. An individual decision can be made each time a commercial amusement is proposed and the Commission can decide whether it is appropriate as proposed. However, it is possible that this amendment will open the door for more requests for commercial amusements in C-B zones and associated public hearings and potential controversies. The C-B zone restricted outdoor business activity so any commercial amusements proposed will be largely an indoor activity. The Planning and Zoning Commission and staff recommended approval as presented. Mayor Mcllhaney opened the public hearing. The following citizens spoke in favor of the ordinance amendment. Mike Gentry, 1515 Emerald Plaza Benito Flores-Meath, 901 Val Verde Buddy Micklitz, P.O. Box 1497, Bryan Clay Winder, 4035 Sulfur Springs Michael Stulee, 2407 Colgate Frank Malinak, 1209 Skyline Ct. John Clark, 504 Crescent, Bryan Mayor McIlhaney closed the public hearing. Councilman Silvia made a motion to approve Ordinance No. 2481 adding indoor gun range to the Conditional uses permit list. Motion seconded by Mayor Pro Tem Mariott, which carried by a vote of 7- 0. FOR: Mcllhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No. 14.8 - Presentation, discussion and possible action on an Economic Development Agreement between the City of College Station and Lane College Station Limited Partnership, locally known as the Hilton Hotel. Councilman Maloney made a motion to approve the Economic Development Agreement between the City of College Station and Lane College Station Limited Parmership. Motion seconded by Councilman Massey, which carried by a vote of 7-0. FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No. 14.9 - Presentation, discussion and possible action on two resolutions providing grants for: 1) the payment of permits and fees related to redevelopment of property at 801 University Drive East in an amount not to exceed $7,500.00; 2) a maximum of $275,000.00 cash reimbursement for construction of a retaining wall and other property improvements to Lane College Station Limited Partnership for economic development. http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 14 of 16 Councilman Silvia made a motion to approve two resolutions providing grants for the payments of permits and fees related to redevelopment of property at 801 University Drive East in an amount not to exceed $7,500.00 and a maximum of $275,000.00 cash reimbursement for construction of a retaining wall and other property improvements to Lane College Station Limited Partnership for economic development. Motion seconded by Councilman Hazen, which carried by a vote of 7-0. FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No. 14.10 - Discussion and possible action on the appointment of a chairperson for the Wolf Pen Creek Tax Increment Finance Board, Reinvestment Zone No. 1 for calendar year 2001. Councilman Maloney made a motion to appoint Sharon Colson as chairperson for the Wolf Pen Creek Tax Increment Finance Board Reinvestment Zone 1, for calendar year 2001. Motion seconded by Councilman Silvia, which carried by a vote of 7-0. FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No. 14.11 - Discussion and possible action on the appointment of a chairperson for the Melrose Project Tax Increment Financing Reinvestment Zone No. 4 for calendar year 2001. Councilman Maloney made a motion to appoint Sharon Colson as chairperson to the Melrose Project Tax Increment Financing Reinvestment Zone #4, for calendar year 2001. Motion seconded by Councilman Silvia, which carried by a vote of 7-0. FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No. 14.12 - Presentation, discussion and possible action on making a nomination for the municipalities "jointly appointed" members of the E-911 Board of Managers. Mayor Pro Tem Mariott made a motion to nominate Chief Feldman to serve on the E-911 Board of Managers. Councilman Hazen seconded the motion, which carried by a vote of 7-0. FOR: McIlhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No. 14.13 - Presentation, discussion and possible action on a first amendment to the Economic Development Agreement and Tax Abatement Agreement between the City of College Station, the Bryan/College Station Economic Development Corporation, and STATA Corporation. Director of Economic Development Kim Foutz presented this item. Ms. Foutz stated that this request for amendment provides for extension of the date STATA Corporation is required to occupy its building in the Business Center as specified in the Economic Development Agreement. The date is proposed to be extended from December 31, 2000 to February 28,2001. In addition, the amendment would expand the definition of gross payroll to include the number that STATA repons through other payroll reports certified, at STATA's expense, by a certified public account or in-house account of STATA and http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 15 of 16 President, or other designated officer of the corporation. Also, the amendment expands the abatement schedule to eight years, inserting 0% abatement for year one. The remaining years follow the original abatement schedule: 0%, 70%, 70%, 60%, 50%,40%,30%, 20%, 10% abatement. Currently STATA has not exceeded the capital investment thresholds of Phase # 1 ($1,000.000 capital investment and 10,000 s.f. building) as provided for in the Economic Development Agreement and Tax Abatement Agreements. STATA is currently constructing an 18,800 sf facility. In addition, they are currently in compliance with gross payroll requirements of both agreements. Due to construction delays, the company is anticipating a default related to its ability to complete and occupy the building by December 31, 2000 as required in the Economic Development Agreement. Staff recommended approval of the amendment as presented. Benito Flores-Meath, 901 Val Verde inquired about moving the abatement for one year and its cost effect to the taxpayers. City Manager Brymer stated if the City grants an amendment to the abatement schedule as provided for in the proposed amendment agreement, costs to the City are estimated at $3,000.00 in property taxes. Councilman Garner made a motion to approve the amendment to the Economic Development Agreement and Tax Abatement Agreement between the City of College Station, the Bryan/College Station Economic Development Corporation, and STATA Corporation as presented by staff. Motion seconded by Mayor Pro Tem Mariott, which carried by a vote of 7-0. FOR: Mcllhaney, Mariott, Hazen, Maloney, Garner, Silvia and Massey AGAINST: None Agenda Item No. 15 - Executive Session At 10:15 p.m. Mayor Mcllhaney announced that the Council would reconvene into executive session pursuant to Sections 551.071, 551.072, 551.074 and 551.086 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation, to discuss the purchase of real property, to consider appointment and evaluation of public officers, and to consider economic development negotiations. Refer to executive session list previously mentioned. Agenda Item No. 16 - Final action on executive session, if necessary. The Council concluded its executive session at 12:15 a.m. Friday, December 15, 2000. They returned to open session. No action was taken. Agenda Item No. 17- Adjourn Hearing no objections, the workshop, regular and executive sessions were adjourned at 12:15 a.m. on Friday, December 15, 2000. PASSED AND APPROVED this 11 th day of January 2001. APPROVED: http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003 Page 16 of 16 Mayor Lynn McIlhaney ATTEST: City Secretary Connie Hooks http ://citynet/Council%20Minutes/2000/min 12-14-00.htm 1/6/2003