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HomeMy WebLinkAbout02/13/1986 - Regular Minutes City Council MINUTES CITY COUNCIL REGULAR MEETING THURSDAY, FEBRUARY 13, 1986 7:00 P.M. COUNCIL MEMBERS PRESENT: Mayor Halter, Councilman Boughton, Tongco, Bond, Runnels, McIlhaney, Brown COUNCIL MEMBERS ABSENT: None STAFF PRESENT: City Manager Cole, Director of Capital Improvements Ash, City Engineer Pullen, City Attorney Locke, City Secretary Jones, Utilities Office Manager Piwonka, Assistant Director of Planning Callaway, Director of Planning Mayo, Deputy Finance Director Schroeder, Director of Parks and Recreation Beachy, Asst. to the Zoning Official Johnson, Director of Con~unity Development Stevens, Energy Specialist Shear, Acquatics Superintendent Szabuniewicz, Water and Sewer Superintendent Luedke, Administrative Assistant Magoon, Council Coordinator Garrett STUDENT GOVT. LIAISON: VISITORS PRESENT: Mike Hachtman See guest register. Agenda Item No. 1 - Presentation by Representatives of the "Don't Mess with Millican" Organization, sponsored by Brazos Beautiful. Clara Mounce, the Vice-Mayor of Millican, presented Mayor Halter with a "Millican Trash Gig". She also invited the public to attend a running meet for 13 miles and a camp-out in Millican on March 1, 1986. The council and public also heard the original song "Don't Mess with Millican". Mayor Halter thanked the Millican group for the gift and encouraged everyone to attend the event on March 1st. Agenda Item No. 2 - Approval of the Minutes of the City Council Workshop Meeting, January 22, 1986 and Minutes of the City Council Regular Meeting, January 23, 1986. Councilman Runnels moved approval of the minutes of the City Council Workshop meeting, January 22, 1986 and minutes of the City Council REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 2 Regular Meeting, January 23, 1986. Councilman McIlhaney seconded the motion which was approved unanimously, 7-0. Agenda Item No. 3 - A public hearing on the question of rezoning a 54.99 acre tract (the proposed Devonshire Park subdivision) located at the southeast corner of the intersection of Rock Prairie Road and Texas Avenue (SH6) from Agricultural-Open District A-O to Commercial- Industrial District C-2. Jerry Bishop & Associates, applicant; Joe A. Ferreri, owner. (86-100) Assistant to Director of Planning Jim Callaway presented this item. He noted this tract is vacant with a commercial building (vacant) and church to the north. Balance of area is A-0 with scattered residen- tial uses. This tract is located in an area planned for commercial and medium density residential uses. The planned medium density resi- dential area serves as a buffer between the commercial area north of Rock Prairie Road and the low density residential areas planned to the east and south. He pointed out that establishing C-2 zoning on this entire tract will push commercial zoning well into areas planned as buffers and low density residential areas, and then providing adequate buffers around the C-2 tract would push the "buffer zones" further into areas planned for low density residential uses. He also noted the area to the west of the tract (across Tx. Ave.) is zoned C-2 and the commercial area along the west side of Tx. Ave. was planned to extend south to Graham Road. He stated that the applicant revised his rezoning request by providing a 26.63 acre A-P area along the east and southern portion of the tract. This would establish a buffer approximately 600' wide across those portions of the tract. He further stated the proposed commercial and office-commercial areas still extend into areas reflected as medium and low density resideat~al on the land use plan. Mr. Callaway noted that the Planning and Zoning Commission voted 5-2 to deny this rezoning request. Mayor Halter opened the public hearing. Larry Wells of Jerry Bishop & Associates came forward as a representative of the owner of the land. He distributed brochures which explain the owner's plans for development. The area of development will be considered as a medical subdivision to answer various needs of the comunity. He referred to Map A showing the concession the applicant made for a buffer. He noted that they REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 3 provided an ample buffer which exceeds 600' in width. Mr. Wells stated that in order to build the medical subdivision, he would amend the request from C-2 to C-1 if asked to do so by the council. He stated that the Comprehensive Plan is a guideline, and as needs change the council should make decisions according to the changes. He also stated this would not be strip-zoning. Mr. Wells requested affirmative action from the Council to zone this area C-1 with the A-P buffers. Councilman Tongco questioned what area would be changed to C-1. Mr. Wells replied everything requested as C-2 on Map A could be downgraded to C-1 with the A-P buffers adjacent to the property. Councilman Tongco asked Mr. Callaway what the major differences are between C-2 and C-1 zoning. Mr. Callaway replied that C-2 zoning districts allow all the C-1 uses plus light industrial uses. Councilman Brown asked what is the C-3 area next to the Woodcreek Addition. Mr. Callaway responded that this is a vacant area and is part of the Woodcreek Addition. Councilman Bond asked why the area is zoned C-3. Mr. Callaway noted that Woodcreek Developers included this in the zoning request, for possible service businesses and shopping centers. Mayor Halter asked if this is in compliance with the Comprehensive Plan. Mr. Callaway responded negatively. Jerry Bishop spoke on behalf of the owner, Joe A. Ferreri, to explain Mr. Ferreri's plans for a professional complex. He stated that the objections of the P&Z Commission were (1) the C-2 zoning, and (2) the area to be rezoned did not comply with the Comprehensive Plan. He stated that he disagreed with the P&Z's comments. Mr. Bishop referred to the Land Use Map, to Plan B, and to page 33 of the Comprehensive Plan which states Development Suitability. He commented on the existence of commercial zoning along Texas Avenue inconsistent with the Land Use Plan, and quoted from page 3 and page 5 of the Comprehensive Plan. Mr Bishop distributed copies of a memorandum written by A1 Mayo to the P&Z. He discussed the contents of the memo and stated points with which he disagreed. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 4 Mr. Bishop expressed his agreement with the development strategies on development policies of the Comprehensive Plan. He stated that this tract is able to handle the traffic generated within the development. Mr. Bishop quoted a statement made by Mr. Mayo comparing this tract to the area bounded by Lincoln, Munson, Francis, and Walton. Mr. Bishop stated that this tract is vacant and wide open and is not a comparison. Councilman Runnels asked if Mr. Bishop is requesting C-2 for the entire tract. Mr. Bishop replied they are asking for 26.63 acres to be zoned A-P at the back of the tract, for C-2 zoning for the front part of the tract with 28 acres, or, for C-1 for the front if necessary. Jim Gardner, 1216 Ridgefield Circle N, addressed the Council and referred to the Comprehensive Plan. He commented that the Plan should not be taken lightly. He asked Council to consider two points: 1) Is this area a reasonable size for this type of request; and, 2) the location of Humana Hospital across a major freeway. He commented on the "development suitability" guideline as suggested by the Comprehensive Plan. No one else spoke. The public hearing was closed. Agenda Item No. 4 - Consideration of an ordinance rezonin~ the above tract Councilman Runnels asked Director of Planning Mayo if the Land Use Suitability Maps necessarily correspond with the Comprehen- sive Study. Mr. Mayo responded by saying every piece of property is noted on the Land Use Maps and each has different suitabili- ties. The Comprehensive Plan makes other considerations. Mayor Halter stated that the Comprehensive Plan says 960 acres of already zoned and yet undeveloped commercial tracts are avail- able, and other tracts which have not been rezoned. He referred to Mr. Mayo's statement about vacancy rates and unfilled office space which will probably take years to absorb, and questioned Mr. Mayo about the additional commercial areas reflected in the Comprehensive Plan. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 5 After additional discussion relating to commercial zoning requests and the Plan 2000, Councilman Tongco moved approval of Ordinance No. 1632 to rezone the 54.99 acre tract from A-O Agricultural-Open to C-2 Commercial Industrial with A-P buffers. Councilman Bond seconded the motion which was approved by a vote of 5-1-1 as follows: FOR: Mayor Halter, Councilman Tongco, Bond, Boughton, Brown AGAINST: Councilman Runnels Councilman McIlhaney abstained from voting. Agenda Item No. 5 - A public hearing on the question of rezoning 2 tracts of land (10.83 acres) located on the south side of Harvey Road (SH 30) across the street from the intersection of Stallings Drive and Harvey Road, from Administrative-Professional District A-P to General Commercial District C-1. James E. Jett, applicant; Mayfield-Wilkerson-Jefferson Partnership #3, owner. (86-101). Assistant Director of Planning, Jim Callaway, presented this item. He noted this tract is vacant. He explained the Staff recommendation that the Council make any approval of this request contingent upon the extension of Stallings Drive. He also noted that at the time the Comprehensive Plan was adopted, the proposed width of the Holleman Drive extension was 39 feet in a 60-foot right-of-way. In 1984 the proposed width was increased to 47 feet in a 70-foot right-of-way. This tract does not have access to Holleman Drive and a proposed extension of Stallings to Holleman would provide access to the Holleman Drive area. Mayor Halter opened the public hearing. No one spoke. The public hearing was closed. Agenda Item No. 6 - Consideration of an ordinance rezoninG the above tract. Councilman Brown moved approval of Ordinance No. 1633 rezoning 2 tracts of land (10.83 acres) from A-P Administrative-Professional to C-1 General Commercial. Councilman Bond seconded the motion. Councilman Tongco asked if the motion included the contingency of Stallings Drive. Mayor Halter stated that it is a part of the recommendation of the P&Z Commission and the motion reflected same. Councilman Tongco asked if the City will have to provide funding for the extension. Assistant Planning Director Callaway REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 6 replied that a memorandum from City Attorney Locke stated the developer would be responsible. Mayor Halter stated that he thought the Council had at one time decided there was enough C-1 zoning on Hwy 30, given the existing traffic problems; he wondered why additional C-1 zoning was being recommended. He also questioned if Holleman Dr. is wide enough, and suggested widening it before allowing more commercial zoning. He suggested the staff should restudy the plans for Holleman Drive. David Pullen, City Engineer, stated the city has purchased a 70 ft. right-of-way in which to build a 47 ft. wide back-to-back street that will meet commercial standards. Councilman McIlhaney stated that this area is reflected in the flood plain, and noted her concern about too much commercial development. Councilman Runnels referred to Wolf Pen Creek and the Droblems upstream and asked if there would be a major bridge structure and accelerated flow. David Pullen replied that the flood plain can be contained with a channel approximately 100 ft. wide. He noted it will take four 10'xl0' box culverts to carry the sub-surface. He stated that in one of the recent bond elections, monies were voted for oversized participation but the funds have not yet been authorized for expenditures. Councilman Runnels asked about cleaning the channels located at the wooded area east of Texas Avenue. Mr. Pullen replied that the more the channel is cleaned, the hydraulics are improved. He discussed solutions and stated that it will take about a 100' channel with a 40' wide flat bottom. Mayor Halter noted this would help the situation upstream. Councilman Tongco asked if there will be a stop light at Hwy 30. Mr. Pullen replied only if warrants are met. Councilman Tongco asked if driveways were limited. Mr. Pullen replied that because of the configuration of properties across the street, driveways are fairly limited and the city encourages driveways along frontages through internal traffic flow. Councilman Brown's motion passed with a vote of 5-2 as follows: FOR: Councilmen Tongco, Runnels, Bond, Boughton, Brown AGAINST: Mayor Halter, Councilman McIlhaney AGenda Item No. 7 - Consent AGenda: BIDS: Consideration of Bids for a Trailer Mounted Sectional Sewer Rodding Machine PLATS: Final Plat - Herman F. Krenek Phase Two (86-202) Final Plat - Replat of Lots 2&3 Emerald Forest Section Two (86-203) Ail items were approved by common consent. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 7 Agenda Item No. 8 - Consideration of Bids and Award of Contract for Fairview and Eleanor Street Improvements. David Pullen, City Engineer, presented this item to Council. He stated these two streets are a part of a street project in the 1984 Community Development Block Grant Program. His recommenda- tion was that this project be awarded to Young Brothers, Inc. for $139,002.00, to be constructed in 140 calendar days. Councilman McIlhaney asked when the project will begin. Mr. Pullen replied that the project will take about 30 days to begin. Councilman Runnels moved approval of the contract for Fairview and Eleanor Street Improvements be awarded to Young Brothers, Inc. Councilman McIlhaney seconded the motion which was approved unanimously, 7-0. Agenda Item No. 9 - Nomination and appointment of 3 Directors to the Greater East Texas Higher Education Authority. Dr. Malon Southerland addressed the council. He stated that during a previous meeting with the Council, he discussed a $60,000,000.00 bond issue allowing the Authority the opportunity to buy guaranteed student loans from lending institutions. He noted this experience was very enjoyable and the bond issue passed. He also noted the service area has now included all of East Texas. He stated the Board has changed to a 10 member board which will include 6 local board members and 4 members from the specific counties represented by the rest of the division of the East Texas Authority. The even numbered places have gone to College Station and the odd place numbers to the City of Bryan. Dr. Southerland requested his appointment to place 6 and also the appointment of Dr. James Carroll to serve in place 8 and Mr. Truitt Ingram to serve in place 10. Councilman Boughton moved approval of these appointments to the Greater East Texas Higher Education Authority. Councilman Brown seconded the motion which was approved unanimously, 7-0. Mayor Halter thanked Dr. Southerland and Mr. Holt for coming to the meeting and presenting this item to Council. Agenda Item No. 10 - Report from the College Station Library Committee. Dr. Larry Ringer, Chairman of the Library Committee, presented this item to the Council. He first commented that on behalf of the Bryan/College Station Athletic Federation he would like to express his appreciation for the city's cooperation in making the Bryan/College Station/Eagle Straight Shot 10K Run a success. '- REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 8 Dr. Ringer stated that the library committee made recommendations to the Council last year and at that time discussed, first, that College Station should establish a library and this library would operate under contract with the Bryan Library. Currently, the staffs and attorneys of Bryan and College Station are preparing a draft of contract to present to Council shortly. The second recommendation made was that College Station begin operations in a temporary facility as soon as possible, and the third recommendation was that College Station develop long range plans which would include the library with other con~nunity buildings and facilities. Since that meeting, the library committee has studied several options. One option, is a commercial facility which would be suitable and provide adequate parking. He noted the disadvantage was the lack of strength in the upper floors of the building in order to hold stacks of books, accessibility for handicapped, and the major consideration of costs. Another option is the purchase of a temporary building which the City of Bryan has available. The disadvantage to this building would also be the lack of strength in the upper floors, which could not support the book stacks. The costs of moving and renovating the building would be too expensive, and the costs of constructing a new temporary building would be less. He stated the library committee has voted unanimously for the following recommendations: First, that the City locate a "temporary" building at Southwood Athletic Park. The estimates are for the construction of a metal frame building on a concrete slab at a cost of $40.00-$45.00 per sq. ft. He also noted the Library Committee has met with the Brazos Valley Arts Council and the Arts Council has expressed a need for a location for their offices, gallery space, and workrooms for artists to use. They expressed an interest in joining with the Library Committee to share a temporary facility. The Arts Council would need approxi- mately 1000 to 1500 sq. ft. and they would rent this space from the city. The second recommendation from the Library Committe is that the city should work with the Arts Council and any other comnunity organizations which may be interested in trying to develop a community center which would include a library and facilities for the visual and performing arts. Dr. Ringer handed the councilmembers a letter regarding the motion made by the Brazos Valley Arts Council and stating they are strongly in support of joining the College Station Library Committee. Dr. Ringer summarized by emphasizing to the Council the need for a temporary facility to be constructed as soon as possible at the Southwood Athletic Park. Councilman Brown asked what type of temporary building would be constructed. Dr. Ringer replied he has received information on steel truss buildings which can be made attractive and the costs would be less. He noted that when the library is through with REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 9 the building, the Parks Dept. could use it or the City could move it and use it as office space. Councilman Tongco asked what type of funding would be available for either building. Dr. Ringer stated there would be some type of funding from the city. He commented that the funding for a permanent building would involve seeking donations. Mayor Halter stated that $200,000 had been set aside for the operation of the library during the current fiscal year and that a portion of the money was to be used for the purpose of renting, and the other, for operations. He noted this money could be used to obtain Certificates of Obligations which would go toward purchasing a temporary building. Mayor Halter gave a word of caution and stated that temporary buildings could turn into permanent buildings. Mayor Halter expressed appreciation to the Brazos Valley Arts Council and he noted the Council will receive this report and take it under advisement. Agenda Item No. 11 - Discussion and Considerataion of Enforcement of Sign Control in areas of the City's Extraterritorial Jurisdiction. City Manager Cole stated that members of the staff were present to answer questions the Council might have. Mayor Halter noted the current sign ordinance can be applied in the E.T.J. to prevent proliferation of non-conforming signs. A1 Mayo, Director of Planning, referred to the House Bill 1330 which the Texas Legislature passed for state and local regulation of outdoor signs. He stated that this bill should not be confused with the Highway Beautification Act which relates to control of outdoor advertising signs along Federal Highways. He noted that the city's major concern is the regulation of signs on University Drive, Green's Prairie Road, and Rock Prairie Road. Mayor Halter commented that future problems will exist on the East Bypass. Mayor Halter stated that this is a compromised amendment to the sign bill the legislature passed. He explained that many questions raised by city officials in compliance with the old bill concerned the areas that were annexed; the city could not deal with non-conforming signs within the new city limits. The new sign bill made it possible for the city to deal with non-conforming signs. Mayor Halter recommended maintaining the co, unity appearance by regulating signs, and suggested that the city request the right to regulate the signs on SH6 and 2818. Councilman Runnels moved approval of Enforcement of Sign Control in the Extraterritorial Jurisdiction including a request that the city be given the right to regulate the signs on SH6 and 2818. Councilman McIlhaney seconded the motion which was approved unanimously, 7-0. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 10 Agenda Item No. 12 - Consideration of an Ordinance Ordering an Election to be held on April 5, 1986, for the purpose of electing a. mayor and three councilmen to the City Council of the City of Colleqe Station, Texas Councilman Boughton moved approval of Ordinance No. 1634 ordering an Election to be held on April 5, 1986. Councilman Runnels seconded the motion which was approved unanimously, 7-0. Agenda Item No. 13 - Consideration of a resolution authorizing the Mayor t9 execute a contract with Texas Voting Systems for the purpose of providing supplies and services for an election to be held on April 5, 1986. Councilman Bond moved approval of the Resolution No. 02-13-86-13 authorizing the Mayor to execute a contract with Texas Voting Systems. Councilman Tongco seconded the motion. City Secretary Dian Jones noted that the contract is $200.00 less than last year's because the city will be able to use the county's equipment to count the ballots rather than rent the equipment. She also explained that the costs are divided between the City of College Station and the College Station Independent School District. Councilman Bond's motion was approved unanimously, 7-0. Agenda Item No. 14 - Discussion of the "Republic of Texas S.uper Triathlon". Steve Beachy, Director of Parks and Recreation, presented this item. He stated that Charlie Szabuniewicz has been the organizer for this event and responsible for its inception. Of major importance to the event is that it has been recognized as a Sesquicentennial event by the local organization and the State Recreation and Parks Society. This event covers a three-day period, and has also received recognition as a national champion- ship of a staged triathlon. He noted this event begins in Austin with the 2 1/2 mile swim; the second day will consist of a bicycle race from the State Capitol to the Chamber of Commerce office on University Drive in College Station. The third day will be a marathon to Washington-On-The-Brazos. Registration will continue to the end of March; to date, 50 entries have been received. Mr. Beachy hopes to have a total of 900 entrants in all events. He noted this is one of two major events, the other being the completion of Richard Carter Park. He stated that the construction of Richard Carter Park has begun and the park will be dedicated on March 2, 1986. REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 11 Agenda Item No. 15 - Consideration of a resolution to rename Apache Court in Southwood Valley Section 25A to Cimarron Court. Councilman Bond moved approval of the resolution to rename Apache Court to Cimarron Court. Councilman Boughton seconded the motion which was approved unanimously, 7-0. Agenda Item No. 16 - Consideration of funding for the 1986 Load Management Program. City Manager Cole stated this request is a continuation of funding for the load management program, which has been of great benefit to the city during the past two years. He also stated there are ample funds in the Gulf States Utilities Rebate to pay for this program. Councilman Runnels moved approval of the funding request for the 1986 Load Management Program. Councilman Boughton seconded the motion which was approved unanimously, 7-0. Agenda Item No. 17 - Consideration of an Ordinance authorizing the Mayor to execute a contract with the College Station Economic Development Foundation for the sale of the Industrial Park tract to the Foundation. Mayor Halter stated this item would be discussed in closed session. Agenda Item No. 18 - Hear Visitors: Patty Smith, Peyton Street, protested the recent action of the Council on the cable rate increase. She objected to the timing of the meetings, and stated that the first meeting was held during the Christmas season and the second meeting was held at 5:00 p.m. when many people were at work and unable to attend. She stated that taxpayer's money was spent for a consultant and the Council ignored the results Mr. Hopper reported. She noted other objections, and asked for the repeal of Ordinance 1631 and the passage of an ordinance for a lower rate increase. Agenda Item No. 19 - Closed session to discuss pending litigation [6252-17 (2) (e)], personnel [6252-17 (2)(~)] , and land acquisition [6252-17 (2)(f)]. A® Personnel 1. Discussion of Administrative Personnel REGULAR MEETING OF THE CITY COUNCIL THURSDAY, FEBRUARY 13, 1986 PAGE 12 Land Acquisition 1. Discussion of acquisition of right-of-way. The council moved to closed session and later re-opened to the public. Agenda Item No. 20 - Action on closed session. Councilman Boughton moved approval of the Ordinance No. 1635 with recommended changes to be inserted by the city attorney, for the execution of a contract with the College Station Economic Development Foundation for the sale of the Industrial Park tract to the Foundation. Councilman Tongco seconded the motion which was approved unanimously, 7-0. Agenda Item No. 21 - Adjourn. Mayor Halter adjourned the meeting at 10:50 p.m. ~G.ary Ha~c~r, 'Mayor ATTEST: Dian Jone~'ty Secretary GUEST REGISTER Regular City Council Meeting February 13 ,9 1986 7:00 P.M. 21. 22. 23. 24. 25. m 11 26. 27. 28. 29. 30. 33. 34. 5549