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HomeMy WebLinkAbout06/27/1996 - 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 MINUTES COLLEGE STATION CITY COUNCIL REGULAR MEETING THURSDAY, JUNE 27, 1996 7:00 P.M. COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Protem Kennady, Councilmembers Fox, Hickson, Birdwell, Mariott STAFF PRESENT: City Manager Noe, City Secretary Hooks, Assistant City Attorney Nemcik, City Planner Kee, Senior Planner Kuenzel, Director of Economic and Development Services Ash, Director of Finance Schroeder, Assistant City Engineer Morgan, Director of Development Services Callaway, Public Information Officer Calliham Prior to opening the regular meeting at 7:00 p.m., Mayor Mcllhaney entertained action from councilmembers related to the following items. Councilman Birdwell made a motion to cast the City of College Station ballot toward the appointment of a mediation committee with relation to the GTE litigation as follows: Mike Bucek, Bob Horton, Francis Parks, Tripp Walter, and Linda Piwonka representing College Station. Councilman Mariott seconded the motion which carried unanimously, 6-0. Councilman Birdwell made a motion to direct the Mayor and City Manager to negotiate a separation agreement with the former City Attorney. The motion was seconded by Councilman Mariott which carried unanimously, 6-0. Mayor Mcllhaney adjourned the meeting at 7:06 p.m. Mayor Mcllhaney opened the regular meeting. Providing Customer Service Excellence Regular 6127/96 Page 2 A.qenda Item No. 1 -- Pled.qe of Alle,qiance Councilmembers and audience cited the pledge of allegiance. A.qenda Item No. 2 -- Invocation Councilman Fox provided the invocation. A.qenda Item No. 3 -- Consider request for absence from meetinq No action was taken. A.qenda Item No. 4 -- Historic Home Plaque #31 at 900 Hereford Rusty and Randy Merrill accepted the plaque from Mayor Mcllhaney. A.qenda Item No. 5 -- Consent Agenda 5a. Approved name change of Southwood pool to Cindy Hallaran swimming pool. 5b. Approved name change of Fairview Park to Luther Jones Park. 5c. Approved revisions to program guidelines for the facade improvement program. 5d. Approved advanced funding contract with Texas Department of Transportation for $10, 570.38. Funds available in FY 1995-96 Bond funds. 5e. Approved consultant agreement with Klotz Associates, Inc. of Houston to provide design documents and construction assistance for reconstruction of Southwest Parkway in the amount of $160,200 included in 1996 Capital Project Bond Program. 5f. Approved adoption of Ordinance No. 2184 creating a water conservation and emergency water management plan. All items were approved by common consent. Agenda Item No. 6(a) -- Public hearinq and consider rezoninq of 32.72 acres located on the northeast corner of Schaffer and Graham Road intersection in the Robert Stevenson Leaque from A-O Aqricultural Open to R-2 Duplex {96-105) Regular 6~27~96 Page 3 City Planner Jane Kee presented the item. She provided background information on the events leading to the consideration of this rezoning request. Staff recommended approval of the duplex zoning because it is in compliance with current development policies and comprehensive plan. Mayor Mcllhaney opened the public hearing. Earl Havel, engineer representing applicant Joe Courtney spoke in favor of the request. He referred to the meeting held the previous evening and noted the displeasure by the residents. At the request of Councilman Mariott, Mr. Havel reviewed the proposed project. The following individuals spoke in opposition to the request. Elizabeth Tabor of 604 Aster Andy Bland of 703 Hasselt Steven Chambers of 708 Hasselt Bill Mac Coil of 719 Hasselt Randy Patton of 610 Aster Jerry Xiong of 610 Hasselt Lynn Pollock of 705 Hasselt MayOr Mcllhaney read letters from Robed and Elizabeth Tabor and the Mac Coil family opposing the rezoning. Mayor Mcllhaney closed the public hearing. Councilman Birdwell made a motion to approve Ordinance No. 2185 rezoning 32.72 acres located on the nodheast corner of Schaffer and Graham Road intersection in the Robed Stevenson League from A-O Agricultural Open to R-2 Duplex. Councilman Mariott seconded the motion. Following councilmember's comments, the motion carried 5-1, Mayor Mcllhaney voted against. Agenda Item No. 6(b) -- Public hearing and consider rezoninq of 34.1 acres located east of Highway 6 and south of Sebesta Road, from R-1 Single Family Residential and A-O Aqricultural Open to R&D Research and Development. Applicant, City of Colle.qe Station (96-106) Regular 6~27~96 Page 4 Jane Kee introduced the item. No opposition was received and staff recommended approval. Mayor Mcllhaney opened the public hearing. Bob Bower, owner of the property, came forward and asked support of the rezoning. He commented on the restrictions outlined in the R&D zoning and he expressed no objections. Jimmy Bond, 9218 Brookwater Circle, came forward and commended Mr. Bowers' efforts in meeting with the Woodcreek Homeowners Association. He encouraged support of the project. He did, however, express concern about the buffer which will abut the adjacent property owners. Richard Crooks, 2516 Fitzgerald Circle, questioned the urgency of the rezoning request and the unusual approach for the city to initiate the rezoning. Mr. Bower responded to Mr. Bond's concern about the buffer. He noted that the plat designated the land south of the creek as a permanent "no build" area. Mayor Mcllhaney closed the public hearing. Councilman Mariott moved approval of Ordinance 2186 to rezone 34.1 acres located east of Highway 6 and south of Sebesta Road from R-1 Single Family Residential and A-O Agricultural Open to R&D Research Development. Councilman Fox seconded the motion which carried unanimously, 6-0. ARenda Item No. (6c) -- Consider ordinance creatin~ a drainage utility system~ Public Works Director Mark Smith presented a brief overview of the proposal. Mayor Mcllhaney opened the floor for public comment. Nancy Crouch of 8700 Appomattox expressed her support for the utility district to address the drainage project demand. James Hennigan of 405 Timber expressed a concern about a precedent this utility fee might establish. Robert Mooney of 1111 Haley Place, supported the concept of usage fees as the only viable method for operating drainage systems. Regular 6~27~96 Page 5 Marianne Oprisko of 2475 Barron Road, addressed council. As a proponent of the utility district, she encouraged developer's participation in the maintenance of detention ponds throughout the city. Mayor Mcllhaney responded that an ordinance currently exists which prevents runoff onto adjacent property due to developed land. Councilman Hickson moved approval of Ordinance No. 2187, excluding the list of exemptions at this time, Section 1, sub category paragraph 4. Mayor Protein Kennady seconded the motion. Councilman Birdwell acknowledged his opposition toward the proposed concept to address the drainage issues. He proposed a more effective way to address the drainage problems in the following manner, increase ad valorem taxes, phase in the projects over a longer period of time through a "pay as you go concept", and utilize current bond monies of $2.5 million for the critical needs. Mayor Mcllhaney asked staff to place the fee structure on the workshop agenda for Thursday, July 11th. The vote was taken on the motion to approve the ordinance and carried 5-1, Councilmember Birdwell opposed the motion. Mayor Mcllhaney recognized a phone call she received from Bob Mansfield to express his opposition to the drainage fee. A.qenda Item No. 6(d) -- Consider participation in submission of a grant application to the Texas Water Development Board for matchinq funds for a joint reqional water sup~31v study. Councilman Mariott moved approval of the grant application. Councilman Birdwell seconded which carried unanimously, 6-0. Councilmember Birdwell asked staff to work closely with the other entities to reduce the cost of study and concentrate on other aspects of the job scope. Water Superintendent Riley replied that staff does not intend to duplicate work already completed, rather use the projections of the Texas Water Development Board. A.qenda Item No. 6(e) -- Consider revised land use assumptions and capital improvement plan for sanitary sewer service area "92-01", the impact fee area currently desi.qnated in the Graham Road area. Assistant City Engineer Morgan explained the impact fee assessment and collection period. Regular 6~27~96 Page 6 Councilman Birdwell moved approval of the resolution to increase the impact fee to $289.77 with a grace period of 90 days, to allow all plats that are currently in the process to be assessed the current fee of $152.18. Councilman Fox seconded the motion which carried unanimously, 6-0. Council directed staff to place on a future workshop agenda, the collection period for receipt of the fee. A.qenda Item No. 6(f) -- Consider ordinance amendments to facilitate the collection of water and sewer line reimbursement fees by individuals who oriRinall¥ construct the line. Assistant City Manager Morgan made a brief presentation to clarify the time frame and circumstances when owners are required to connect to a line. Mayor Mcllhaney opened the floor for public comment. Bonnie Byram of 1104 Finney Circle, representing the Foxfire Homeowners Association stated concerns related to the fact that these lots are large and the expenditures associated with an extension may be a financial burden. She referred to the statute in Local Government Code, 43.056. Assistant City Attorney Nemcik responded that the city is not obligated to provide a level of service to recent annexed subdivisions in the city if sewer services have not been extended to other areas throughout the city. She identified a five year time frame for septic system permits followed by a one year time frame to connect only if a sewer line were adjacent to said property. Hub Kennady of 8900 Sandstone expressed disagreement toward the definition of a "rural subdivision" with respect to Sandstone and Foxfire. Richard Crooks, 2517 Fitzgerald, remarked about the unfairness of this proposal, as well as the cost factors. Raymond Long, a resident in Sandstone Subdivision stated his opposition to the provisions in the ordinance because it seems he may have to extend sewer through his three acre corner lot to an end user as well as pay a user fee, a cost which seems unfair. John Leonard of 2516 Fitzgerald explained that the cost to connect to a sewer system is cost prohibitive, approximately $34,000. Regular 6/27/96 Page 7 Marianne Oprisko of 2475 Barron Road expressed comments about septic systems. Paul Wallace of 2509 Fitzgerald encouraged the council to consider other alternatives. No additional comments were expressed by the public. Councilmembers Hickson and Birdwell made suggestions for further review by staff. Councilman Birdwell moved to refer this issue back to staff in view of present concerns expressed by homeowners and councilmembers. Councilman Hickson seconded the motion which carried 4-2, Mayor Protem Kennady and Councilmember Fox abstained. Agenda Item No. (6.q) -- Consider interlocal a.qreement with Brazos County Health Department to provide the inspection and licensing of on site sewage disposal systems within the City of College Station. Councilman Hickson made a motion to approve the interlocal agreement with the Brazos County Health Department. Councilman Birdwell seconded the motion which carried unanimously, 6-0. Assistant City Engineer Morgan noted a change in the agreement which provides the city to enforce the permit process. Councilman Hickson made an amendment to the original motion to include in the agreement a provision that the city shall be the enforcement authority. Councilman Birdwell seconded the motion. A,qenda Item No. (6h) -- Consider ordinance amendment to the subdivision regulations to allow the development of rural residential subdivisions within the city limits. Councilman Fox made remarks about the ordinance requirements for the sanitary sewer master plan. Councilman Mariott moved approval of Ordinance No. 2188. The motion was seconded by Councilman Hickson which carried unanimously, 6-0. Agenda Item No. (6i) -- Consider purchase approval of conversion software from Seay Systems, Inc. to move current utility billing software from NCR hardware to IBM system hardware for new utility billing computer system. Funds available in Electric ClP budqet. Total expenditure, $27,555. Regular 6~27~96 Page 8 Councilman Hickson moved approval of the conversion software from Seay Systems, Inc. Councilman Fox seconded the motion which carried unanimously, 6-0. A~enda Item No. (6j) -- Appoint member to Brazos County Health Board and Brazos 2020 Vision Board of Directors. Mayor Protem Kennady made a motion to appoint Mayor Mcllhaney and Councilmember Birdwell to the Brazos County Health Board. Councilman Hickson seconded the motion which carried unanimously, 6-0. Mayor Mcllhaney will appoint someone on the council to attend the meetings of Brazos 2020 Vision. ARenda Item No. (6k) -- Consider desiqnation of ActinR City Attorney in the absence of City Attorney, Councilman Mariott made a motion to appoint Roxanne Nemcik as Acting City Attorney. Councilman Hickson seconded the motion which carried unanimously, 6-0. A,qenda Item No. (6(I) -- Hear Visitors Richard Crooks, 2517 Fitzgerald asked if the new rural subdivision pertains to Foxfire Subdivision. Mayor Mcllhaney replied negatively and added that a current ordinance exists which relates to Foxfire. A.qenda Item No. 6(m) --Adjourn There being no further business, Mayor Mcllhaney adjourned the meeting at 10:15 p.m. APPROVED: //~.~.~ES'i': , ,, j ' ,,?l, O , City Sec, etary Connie Hooks May~t~r Lyn~ Mcllhaney ~" GUEST REGISTER REGULAR MEETING OF THE CITY COUNCIL THURSDAY, JUNE 27, 1996 7:00 P.M.