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HomeMy WebLinkAbout11/20/1996 - 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 BRAD MARTIN MINUTES COLLEGE STATION CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 20, 1996 7:00 P.M. COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Pro tem Kennady, Councilmembers Hickson, Mariott, Fox, Mariott, Martin STAFF PRESENT: City Manager Noe, Assistant City Manager Brymer, City Secretary Hooks, Acting City Attorney Nemcik, City Planner Kee, Public Information Officer Calliham, Senior Planner McCully, Water/Wastewater Superintendent Riley, Public Works Director Smith Mayor Mcllhaney called the regular meeting to order at 7:00 p.m. She welcomed everyone present and stated that the comprehensive plan consideration will be postponed to a meeting scheduled after the first of next year. Councilmembers expressed a desire to hold a subsequent workshop meeting to ensure that a thorough discussion is held. A.qenda Item No. 1 -- Pledqe of Alleqiance Councilmembers and audience cited the pledge of allegiance. A.qenda Item no. 2 --Invocation Councilmember Bill Fox provided the invocation. A.qenda Item No. 3 -- Request for Absence from meetincl No requests were received. Providing Customer Service Excellence Regular Meeting Wednesday, November 20, 1996 Page 2 Agenda Item No. 4 -- Presentations a. Thomas McKittrick received the historic home plaque #35 for his residence at 300 Pershing b. Municipal Court Judge Randy Michel received a service award from Mayor Mcllhaney and councilmembers for his dedication and many efforts to the City. Mr. Michel served the city for the years 1992-1996. c. College Station lSD Board member Larry Johnson accepted the proclamation signed by Mayor Mcllhaney for Mayors Education Day, November 21. d. Mayor Lonnie Stabler and Mayor Pro rem Kandy Rose of Bryan accepted a gift from the City of College Station in commemoration of Bryan's 125th Anniversary. Agenda Item No. 5 -- Statutory A.qenda 5a. Approved request to purchase decorative street light luminaries by the Public Utilities Electrical Department to be used in the College Station Business Park and Venture Drive in the amount of $16,036.54. Funds available in FY 1996-97 Utility Fund. Awarded to WESCO, San Antonio for $15,644.22 and to Ward Electric, Conroe for $392.32 as Iow bidders. 5b. Ratified sale of HOPE 3 house at 221 Sterling for $42,000 to an eligible Iow income homebuyer. 5c. Authorized $50,000 for second year of an agreement with George Bush Presidential Library Foundation allocated in FY 97 budget. The above items were approved by common consent. Agenda Item No. 6 -- Consent Aqenda 6a. Approved minutes for the following council meetings: workshop, September 26, 1996; regular, September 26, 1996; joint council and P&Z meeting, October 7, 1996; workshop, October 10, 1996; regular, October 10, 1996; workshop, October 24, 1996; regular, October 24, 1996; and, special, October 28, 1996. 6b. Approved reimbursement of $10,000 to BVCAA for acquisition of three vacant lots on Phoenix street for use in their new affordable housing initiatives program. Regular Meeting Wednesday, November 20, 1996 Page 3 6c. Approved four optional relocation program and one HOPE 3 rehabilitation construction contracts (contracts over $15,000 developed and bid by Community Development office) 6d. Approved purchase of sixteen vehicles (fourteen replacement) for various departments through Houston-Galveston Area Council. Staff recommended award to miscellaneous Iow bidders on HGAC contract. Funds available in FY 1996-97 Fleet Replacement Fund in the amount of $334,189. 6e. Approved contract with Power Project Management, Inc. for purchase and installation of variable frequency drive controller for transfer pump number three at the Sandy Point Pump station in the amount of $172,430. Funds available in Water CIP budget. 6f. Approved five year professional services contract with an annual renewal clause for traffic signal installation and enhancements through College Station with Transportation Engineering Analysts and approved resolution to reimburse the city up to $50,000 with proceeds from future bond issue for expenditures related to the contract. 6g. Approved oversize participation in the amount of $7,874.40 for a waterline associated with the LaCour subdivision Phase 1, located in the Wolf Pen Creek District along the south side of SH 30 (Harvey Road), just east of the existing Taco Bell. (96-209). 6h. Approved resolution to join the Texas Coalition of Cities on franchised utility issues. 6i. Approved the appointment of two directors to the Greater Texas Student Loan Corporation, Inc. Malon Southerland, Place 6 and A.D. James, Place 8. 6j. Approved lease of Post Oak Mall parking lot between CBL and Associates for use as patron parking during Wolf Pen Creek Amphitheater events in the amount of $5,000. 6k. Approved contract between the City and the Bryan-College Station Metropolitan Planning Organization for transportation planning services provided by the City. The above items were approved by common consent. Regular Meeting Wednesday, November 20, 1996 Page 4 Regular Aqenda Agenda Item No. 7(a) -- Public hearinq and consider ordinance amendincl Section 7.22 C-B Business Commercial district allowinq for limited outside business activity. City Manager Skip Noe summarized the item. This item was addressed by council at the October 10th workshop. Mayor Mcllhaney opened the public hearing. No one spoke. Mayor Mcllhaney closed the public hearing. Councilman Birdwell moved adoption of Ordinance No. 2220. The motion was seconded by Councilman Martin which carried unanimously, 7-0. A.qenda Item No. 7(b) -- Consider rezoninq request for 589 Graham Road totalinq 3.25 acres located on the northwest corner of Victoria and Graham Road from M-2 Heavy Industrial to C-2 Commercial Industrial (96-115). Senior Planner Sabine McCully explained the item. The applicant requested a change in zoning to allow commercial uses rather than remain in a strictly industrial classification. The applicant has requested that council consider a change in the proposed land use plan to reflect commercial uses in this area. Recently HOK noted this area as not conducive to heavy industrial. Questions were asked by councilmembers. Mayor Mcllhaney opened the public hearing. Applicant David White of 5605 Polo Road came forward to address his support of the request. He stated that the proposed rezoning will allow uses that are more neighborhood friendly than M-2 or M-1. Mary Lind Bryan of 1813 Shadowood emphasized that C-2 is a neighborhood compatible use appropriate for the surrounding area. She urged council to consider this request tonight. Attorney Ed Elmore of 3501 Regal Row representing the applicant summarized the city processes which the applicant has undertaken to this point. He referred to the current ordinance for C-N zoning district and asked staff to consider an amendment to this ordinance if the zoning district is changed to reflect a larger acreage requirement than specified in the current ordinance. Regular Meeting Wednesday, November 20, 1996 Page 5 Mayor Mcllhaney closed the public hearing. Mayor Pro tem Kennady moved adoption of Ordinance No. 2221 rezoning the property from M-2 to C-2. The motion was seconded by Councilman Birdwell. Following council comments, the vote was taken to approve the motion which carried unanimously, 7-0. Agenda Item No. 7(c) -- Public hearinq and consider rezoninq request for 14.74 acres north of Holleman to Wolf Pen Creek and east of Texas Avenue to Arbors of Wolf Pen Creek Apartments (known as Pooh's Subdivision) from WPC Commercial to C-1. Applicant, Dondaco, General Partnership by Dixie Dale for Pooh's Park Development, LTD (96-116). Park IRC, City Planner Jane Kee described the subject property. Property owners have expressed concern over their ability to market the property and develop for retail use under WPC regulations. It is a large tract of land attractive to the big box retailer or shopping center. Allowing this property to develop commercially without the architectural review requirements of WPC district will not harm the future implementation of the Wolf Pen Creek Master Plan as long as certain conditions are placed on this rezoning. Staff recommended approval of the rezoning request with the condition that a development agreement be negotiated to address items such as drainage, erosion control, Kyle extension improvements, and other Wolf Pen Creek Master Plan elements. Ms. Kee referred to a letter from the client's attorney that specifies five provisions to be included in the development agreement. Mayor Mcllhaney opened the public hearing. Art Anderson, 5400 Renaissance Tower representing the applicant addressed the Council. He presented a slide depicting an aerial of the site. He highlighted the issues addressed in the development agreement presented to councilmembers at this meeting from the applicant. Regular Meeting Wednesday, November 20, 1996 Page 6 Henry Hilton, 4978 Afton Oaks Drive, owner of a small parcel at the intersection of Texas Avenue and Holleman Drive came forward to support the rezoning request. Bill Batchelor, 8103 Raintree addressed the Council in support of the rezoning request. Russell Yeates, 904 Pershing announced his support of the request. Jim Scarmardo of 1404 Post Oak Circle acknowledged the contributions of the Dale family to the community and he also supported the rezoning. Steve Utley, President of First Worthing Company, came forward. As a developer of the Arbors at Wolf Pen Creek on Holleman, he encouraged the council to require this applicant to comply with the standards outlined in the WPC zoning district. He stated that this rezoning violates the integrity of the area and hoped the council will continue with the intent of the WPC master plan. He encouraged quality development of the property in a manner similar to the guidelines of the plan. Mr. Utley asked to be a part of the development agreement process. Bill Bingham of 404 Fairview urged councilmembers to delay action on this request until the master land use plan is adopted. Helen Pugh of 601 Fairview and Barnie Welch of 1312 Augustine Court supported the rezoning request. Mayor Mcllhaney closed the public hearing. Councilman Martin made a motion to approve Ordinance No. 2222 to rezone the property from WPC to C-1 with the condition that a development agreement be brought back to council no later than the first regular meeting in January. Second was made by Councilman Fox. Following further comments about the comprehensive plan in this area, a vote was taken on the motion to adopt the ordinance, 7-0. Council recessed for five minutes. Regular Meeting Wednesday, November 20, 1996 Page 7 Agenda Item No. 7(d) -- Public hearinq and consider rezoninq request of 3.5 acres located in the Robert Stevenson Survey on the northeast corner of Wellborn Road and Mortier from C-3 Planned Commercial to C-2 Commercial Industrial (96-117). Senior Planner Sabine McCully presented a staff report on this item. Planning and Zoning Commission recommended approval. Mayor Mcllhaney opened the public hearing. Patricia K. Rogers of 1615 Emerald Lake Court in Houston approached the Council to explain the intended use of the property as a pet resort. Mayor Mcllhaney closed the public hearing. Mayor Pro tem Kennady expressed concern about noise level and its impact on surrounding neighborhoods. Discussion was held on the buffer requirements in this zone and the applicant's willingness to build buffers to ensure noise abatement. Councilman Birdwell moved adoption of Ordinance No. 2223 to rezone property from C-3 Planned Commercial to C-2 Commercial Industrial with the condition that the buffer area be developed as is identified in the Research and Development District and in keeping with condition placed on the Master Plan and original zonings for the Edelweiss Subdivision. Councilman Martin seconded the motion which carried 6-1, Mayor Pro rem Kennady voted against due to the concern of noise. Agenda Item No. 7(e) -- Consider terms for enterinq into a development a.qreement With Inte.qroup, Inc. for participation in the development of infrastructure associated with the development of West Luther/Jones Butler Rd. Jim Callaway presented the history of this item and recommended $200,000 in oversize participation toward infrastructure improvements in 1997 with TIF fund reimbursements for infrastructure development limited to $50,000 per year for three years or a total participation of no more than $350,000. Regular Meeting Wednesday, November 20, 1996 Page 8 Bill Mitchum of 1400 Village Square Blvd. in Tallahassee, Florida came forward to describe his company as the second largest ad valorem tax project in Brazos County, second only to the mall. He presented a video which showed the type of apartment units planned for this area. Councilman Mariott moved approval to direct staff to prepare a development agreement based on staff's recommendation. The motion was seconded by Councilman Fox. Councilman Birdwell argued that from a policy standpoint, the reimbursement into a TIF district is not appropriate. In addition, this scenario is not one which may be utilized toward other apartment developments in the future. The vote was taken and carried 6-1, Councilman Birdwell voted in opposition. A.qenda Item No. 7(f) -- Consider resolution adoptin.q the Comprehensive Plan. Mayor Mcllhaney invited citizens to speak at this time. This item shall be considered at a future meeting. Sherry Ellison of 2705 Brookway and President of Windwood Homeowners Association referred to two petitions containing 111 signatures that were presented to the P&Z and Council on October 7th. She stated the elements of the petition as follows: 1) encourage city to retain the closure of Appomattox closed to the south at Windwood Park. 2) oppose cut through traffic from east bypass frontage road 3) retain land south of Windwood to Wolf Pen Creek and land east of Windwood to Carter Creek as a nature conservancy and arboretum with recreational and educational trails with the added benefit of flood control through grant monies 4) request zoning not be changed at this time The following individuals spoke in favor of the petition. Burt Hermann of 2401 East Bypass Wilford Gardner of 6403 Windwood Drive Regular Meeting Wednesday, November 20, 1996 Page 9 Mayor Mcllhaney reminded the audience of a special council workshop meeting in January to discuss the comprehensive plan. A.qenda Item No. 7(.q) -- Consider license aqreement for mowing, maintenance and a special warranty deed between the city and the Brandon Heiqhts Homeowner's Association for the maintenance of a detention pond in Brandon Heiqhts Subdivision. {96-209) Councilman Birdwell moved adoption of the license agreement. Councilman Martin seconded the motion which carried unanimously, 7-0. A.qenda Item No. 7(h) -- Consider award for construction contract for Rock Prairie Road extension from Victoria to Wellborn Road in the amount of $852,931.56. Councilman Mariott made a motion to approve the construction contract to Young Contractors. The motion was seconded by Councilman Hickson which carried unanimously, 7-0. City Engineer Kent Laza justified the use of asphalt in place of concrete. A.qenda Item No. 7(i) -- Consider resolution authorizing the publication of notice of intention to issue utility system revenue bonds in the amount of $7,400,000. Glenn Schroeder explained the use of funds to be issued on December 12th. Revenue bond funds will be allocated in the various utilities as follows: Electric System - $3,700,000; Water System - $3,200,000; and Wastewater System $500,000. Planned uses include the continued conversion of overhead lines to underground distribution and new service addition and system extensions in the electric fund, distribution system rehabilitation and extension in water fund, and rehabilitation in wastewater fund. Councilman Fox moved adoption of the resolution. The motion was seconded by Councilman Birdwell which carried unanimously, 7-0. Regular Meeting Wednesday, November 20, 1996 Page 10 A.qenda Item No. 7{j) -- Present and consider aqreement for Career Tech Fire Science Proqram to be initiated at A&M Consolidated Hiqh School. Councilman Hickson moved approval of the agreement. The motion was seconded by Mayor Pro tem Kennady. Fire Chief David Giordano explained that this program will initially begin with existing resources. A market survey indicated a need for fire personnel in the range of 11,000 more jobs by the year 2000. The student survey indicated a desire of 168 students to pursue fire service and 246 students expressed a desire to further research the program. The vote was taken and motion carried unanimously, 7-0. A.qenda Item No. 7(k) -- Consider revised Wrecker Ordinance No. 1814 and amended resolutions settinq the administrative fees for wrecker companies and maximum fees for non consent tow. Police Major Mason Newton explained a scenario to describe a non consent tow. Gerald Anderson, 4469 Leonard Road in Bryan, a local wrecker service, expressed concerns about the city's regulation of a fee for an accident scene rotation call list. Mayor Mcllhaney responded that cities are now allowed by legislation. He asked council to review the flat fee based on non consent tow of $60.00 and look at a tiered fee to include costs associated with cleanup including removal of hazardous wastes, formerly performed by Fire Department. Councilman Birdwell made a motion to approve Ordinance No. 2224 and resolutions setting the fees and directed the Police Department to bring back an update of the responses to the new fees in three months. Mayor Pro tem Kennady seconded the motion which carried 5-2. FOR: Mayor Mcllhaney, Mayor Pro tem Kennady, Councilmembers Birdwell, Hickson, Fox AGAINST: Councilmembers Mariott and Martin A.qenda Item No. 7(I) -- Consider interlocal aqreement with Brazos River Authority in the amount of $50,000 for participation in and the City of Colleqe Station's share of the total fundinq for the Brazos County Area Re.qional Water Supply System Feasibility Study. Mayor Pro tem Kennady made a motion to approve the interlocal agreement for the participation in a regional water supply study with amended language brought forth by the Brazos River Authority at this meeting. The motion was seconded by Councilmember Martin which carried unanimously, 7-0. Regular Meeting Wednesday, November 20, 1996 Page 11 Aqenda Item No. 7(m) -- Consider resolution of support for leqislation to be introduced by Senator Tom Haywood to remit 5 cents of each lottery dollar received by the state to the city where the lottery ticket was purchased and to the county in the event the purchase is made in an unincorporated area. Mayor Pro tem Kennady made a motion to approve the resolution. Councilman Fox seconded the motion which carried unanimously, 7-0. Agenda Item No. 7(n) -- Hear Visitors Chuck Ellison of 2902 Camille Drive came forward to commend Acting City Attorney Roxanne Nemcik for her character, legal ability, and advocacy on the various projects he has worked with her. He stated his involvement in a project before the council tonight and commended staff for their helpfulness, friendliness, and hard work. He thanked the council for a customer service oriented staff. A.qenda Item No. 7(0) -- Adjourn No action was taken on the workshop or executive session. executive sessions were adjourned. Mayor Mcllhaney adjourned the regular meeting at 10:30 p.m. PASSED AND APPROVED this 12th day of December, 1996. The workshop and //A~EST: "'-City Secretary Connie Hooks APPROVED: Mayo~r Lynn Mcllhaney GUEST REGISTER WORKSHOP MEETING OF THE CITY COUNCIL WEDNESDAY, NOVEMBER 20, 1996 3:00 P.M. 12. 13. .~q~5::~::::~ ~,~ :::::::::::::::::::::::::: ,:i:i:i:i:i:i:i:i:!:i:i:i:!' 18. o 19. 10. 20. GUEST REGISTER CITY COUNCIL REGULAR MEETING WEDNESDAY, NOVEMBER 20, 1996 7:00 P.M. 19. 20.