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HomeMy WebLinkAbout01/09/1997 - Regular Minutes City CouncilMayor LYNN MCILHANEY Mayor Pro Tempore HUB KENNADY City Manager GEORGE K. NOE COLLEGE STATION Council Members BILL FOX LARRY MARIOTT DAVID HICKSON DICK BIRDWELL BRAD MARTIN MINUTES COLLEGE STATION CITY COUNCIL REGULAR MEETING Thursday, January 9, 1997 at 7:00 p.m. COUNCILMEMBERS PRESENT: Mayor Protem Kennady, Councilmembers Hickson, Martin, Birdwell, Mariott COUNCILMEMBERS ABSENT: Mayor Mcllhaney and Councilmember Fox STAFF PRESENT: City Manager Noe, Assistant City Manager Brymer, City Secretary Hooks, Acting City Attorney Nemcik, City Planner Kee, Director of Development Services Callaway, Finance Director Schroeder A.qenda Item No. 1 -- Pled.qe of Alle,qiance Audience and councilmembers cited the pledge of allegiance. A.qenda Item No. 2 -- Invocation Joe Gossett, pastor of Trinity Presbyterian Church in College Station provided the invocation. Mayor Protem Kennady welcomed everyone to the meeting. He announced that staff planner Joey Dunn was promoted to a position as City Planner for the City of Bryan. A,qenda Item No. 3 -- Consider request for absence from meetinq. Councilman Mariott moved to approve the absence requests from Mayor Mcllhaney and Councilmember Fox. Councilman Birdwell seconded which carried unanimously, 5-0. Providing Customer Service Excellence Regular 1/9/97 Page 2 A.qenda Item No. 4 -- Presentation -- Certificate of Achievement for Excellence in Financial Reportinq Glenn Schroeder, the city's finance director as well as the Texas representative of the national organization of Government Finance Officers Association presented to the City of College Station the highest recognition in governmental accounting and financial reporting. Mr. Schroeder recognized Kathy Hubbard, Chief Accountant for her efforts on the comprehensive budget. A.qenda Item No. 5 -- Statutory Agenda 5a -- Approved purchase of polyurethane roof repair for two story section of Police department, funds available as budgeted in FY 1996-97 General Fund, Facilities Maintenance division. Award to Pierdolla Custom Spraying, Inc., Seguin, Texas as Iow bidder meeting specifications in the amount of $24,900. Item approved by common consent. A.qenda Item No. 6 -- Consent Aqenda 6a -- Approved minutes for workshop and regular meetings on December 12, 1996. 6b --Awarded construction contract for annual sidewalks projects 1995-96, Project No. ST-9510 to A.E. Construction Co., Inc. in the amount of $155,282.55. The above items were approved by common consent. 6c ~- Consider street project to be selected for the TXDOT's Urban Street Program. Local share expense approximately $150,OOO to $200,000. Councilman Birdwell made a motion to delay action on this item until next meeting to include a section of Kyle street from Texas Avenue to Harvey Road (Highway 30). The motion was seconded by Councilman Hickson which carried unanimously, 5-0. A.qenda Item No. 7a -- Public hearing and consider ordinance for a city initiated rezoninq from A-O Aqricultural Open to C-1 General Commercial for property located on the northeast corner of Greens Prairie and SH 6, totalinq 31 acres. City Planner Jane Kee stated that council directed staff to initiate this rezoning as a result of the Pebble Hills Subdivision master plan. The future land use plan shows commercial at this location and council expressed the importance of establishing this commercial zoning prior to lots being sold in the adjacent Regular 1/9/97 Page 3 subdivision. Staff recommended approval of the rezoning with the condition that a 100 foot buffer be maintained to adequately protect the homes from future commercial development. There is a drainage channel that runs along the eastern boundary with some vegetation at present. If upon development of the commercial tract, it is necessary to alter this drainage channel in some way, then the buffer area should be a minimum of 50 feet wide with plantings to adequately buffer the residential area. Mayor Protem Kennady opened the public hearing. Dr. Marsh, owner of the subject property, informed the Council that he had no objection to the proposed zoning. Ms. Kee reiterated comments made at the Planning and Zoning Commission meeting which related to Dr. Marsh's interest in multi family zoning on the property that backs up to the existing Pebble Hills Subdivision. Ms. Kee informed Dr. Marsh that he may come back and request future rezoning to multi family if he wished to do so. Frank Thurmond, co- owner of property adjacent to the proposed commercial zone expressed no objection as long as the 100 foot buffer is maintained and perhaps when Lakeway is extended, consideration is given to provide for duplex and office development. Mayor Protem Kennady closed the public hearing. Councilman Mariott moved approval of Ordinance No. 2229 as presented. The motion was seconded by Councilman Hickson which carried unanimously, 5-0. A.qenda Item No. 7b -- Approval of landlord's subordination a.qreement between City as owner and lessor of real property located at 3800 Raymond Stotzer Parkway and the Brazos Valley Development Council. City Manager Noe described the item and recommended approval. The motion was made by Councilman Birdwell to approve the agreement as presented. Councilman Hickson seconded the motion which carried unanimously, 5-0. ,Agenda Item No. 7c -- Consider ordinance to establish a new rate structure for industrial rate customers that surpass electrical demand above 1500 kW. City Manager Noe described the item. Bob Pohl came forward to answer questions from Councilman Birdwell on the financial impact to the city and user. Regular 1/9/97 Page 4 Councilman Hickson made a motion to approve Ordinance No. 2230. The motion was seconded by Councilman Mariott which carried unanimously, 5-0. A.qenda Item No. 7d -- Consider revised user fees for recreation proqram.~ and park facilities for 1997 as recommended by Parks and Recreation Board. City Manager Noe explained the item. PARD Director Beachy replied to Councilman Birdwell's question on the city's cost associated with the Junior High natatorium. Councilman Hickson made a motion to approve the fees as presented. The motion was seconded by Councilman Martin which carried unanimously, 5-0. A.qenda Item No. 7e -- Consider development a.qreement with Inte.qroup, Inc. to establish terms for participation in financin.q infrastructure associated with development of West Luther/Jones Butler road area. City Manager Noe noted that this item was withdrawn by the applicant and will be brought back at a future agenda. A.qenda Item No. 7f -- Consider development aqreement to meet conditions of a previously approved rezoninq from WPC to C-1 for 14.7 acres located at the southeast quadrant of Texas Avenue and Holleman, a part of Pooh'$ Park subdivision. City Planner Jane Kee came forward to explain any changes to the agreement. She outlined seven conditions. She noted that there is a major point of disagreement related to the Kyle street dedication. 1. Owner dedicates floodway as per WPC/no construction required. 2. Owner dedicates minimum reservation s per WPC/no construction required. 3. Owner provides metes and bound description of dedication area. 4. Owner dedicates 1/2 Kyle ROW (35 ft.)/City reserves right to assess 5. City abandons Pooh's Lane, waives $250 fee and waives payment for value of estate being abandoned. Owner gives city metes and bounds description. 6. City waives $200 development agreement preparation fee, but not legal costs of preparation. 7. With site plan, maintenance and pedestrian access easements to the dedication areas are to be granted. Regular 1/9/97 Page 5 Art Anderson, 5400 Renaissance Tower in Dallas, came forward to represent the applicant. Mayor Protem Kennady asked Mr. Anderson to identify any changes to other conditions outlined in Exhibit A, the agreement provided in the council packet. Item 1 -- agreed to as written Item 2 - second paragraph add "In conjunction with aforementioned dedication, and at the time of site plan development, Pooh's Park, its heirs or assigns, agrees to dedicate to the city a maintenance access easement at a location mutually agreeable to Pooh's Park and the city that begins at the Kyle Road right of way and terminates at the minimum reservation area." Item 3 -- agreed to as written Item 4 -- agreed to as written Item 6 -- agreed to as written Item 7 -- Mr. Anderson noted a change as follows: "City agrees to waive the $550 fee for preparation of this agreement as established by Council." Item 8-14 -- agreed to as written. Lengthy discussion related to Item No. 5. Mr. Anderson explained his rationale for not supporting a possible assessment of Kyle construction costs Mr. Noe indicated that this development agreement was placed on the agenda because the developer requested this item. Also, the staff has not negotiated with the developer the idea of the developer on the construction of the roadway and selling the right of way to the city in the future. Councilman Birdwell made a motion to delay consideration of this issue until the next meeting on January 23rd. The motion was seconded by Councilman Martin which carried 4-1, Mayor Protem Kennady opposed the motion. Agenda Item No. 8 -- Hear Visitors. City Secretary Hooks read a statement from Bob Leland, President of the Bryan College Station Aquatics Club which thanked the Council for their support. Norma Miller of 504 Guernsey came forward to express comments about the council's position toward economic development. She disagreed with the concept of tax abatement and the city's interest in real estate. Ms. Miller also opposed the drainage fee and wastewater fee. She referred to the city's organizational chart. She protested the expenses by city staff and high taxes. Helen Pugh of 601 Fairview referred to the city organizational chart. She reminded council that the citizens are the highest branch of local government. Regular 1/9/97 Page 6 She urged council to listen to the citizens and find out what the people want. Ms. Pugh quoted an article from Ann Landers column, entitled "Whose Job is it?". Councilman Hickson urged the citizens to write their federal and state government representatives about the laws which are mandated upon local government. John Szabuniewicz of 1004 Shady Drive came forward to ask council to direct staff to look at his suggestion. He asked that the Phase III sewer line that is planned to extend along Graham Drive also include a larger impact area, Lick Creek. Mr. Noe stated that he has spoken with Mr. Szabuniewicz about his suggestion and ask him to visit with Bill Riley. Councilman Birdwell clarified the proposed sewer rate increase. This rate will be based on usage rather than a flat fee and as a result the fee will decrease for a significant number of persons. Nell Smith of 1316 Milner Drive came forward. His comments related to the pending issues on the Pooh's Park owners. Jim Scarmardo of 1404 Post Oak Circle stated that he hoped the council will resolve the issue with Pooh's Park. A.qenda Item No. 9 -- Final action on executive session, if necessary. The workshop and executive sessions concluded at 5:30 p.m. A.qenda Item No. 10 --Adiourn. The meeting was adjourned at 8:20 p.m. PASSED AND APPROVED this 13th day of February, 1997. City-Secretary Connie Hobks May~r Lynn Mcllhaney ~' GUEST REGISTER CITY COUNCIL REGULAR MEETING THURSDAY, JANUARY 9, 1997 7:00 P.M. 11. 2: ¢: