Mayor

City Council

Lynn McIlhaney

James Massey

Mayor Pro Tempore

Ron Silvia

Larry Mariott

Winnie Garner

City Manager

Dennis Maloney

Thomas E. Brymer

Anne Hazen

 

College Station, Embracing the Past, Exploring the Future

 

 

 

DRAFT

 

MINUTES

College Station City Council

Workshop Meeting and Regular Meetings

Thursday, February 8, 2001 at 3:00 p.m. and 7:00 p.m.

City Hall Council Chambers, 1101 Texas Avenue

College Station, Texas

 

COUNCIL MEMBER SPRESENT: Mayor McIlhaney, Mayor Pro Tem Mariott, Councilmembers Massey, Maloney, Silvia, Hazen, 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 Technology & Information services Piwonka, Director of Public Services Smith, Budget and Strategic Planning Manager Kersten, Director of Public Utilities Woody, Director of Economic Development Foutz and Staff Planner Jimmerson

 

Mayor Pro Tem Mariott called the workshop meeting to order at 3:00 p.m.

 

Agenda Item No. 1 - Discussion of consent agenda items listed for Regular Council Meeting.

 

Consent Item No. 9.4

City Manager Brymer explained that the pump station site interconnect involves a water system between the City of College Station and City of Bryan.  Following a site analysis, the location is tentatively selected in College Station.  A conditional use permit is required under the current zoning ordinance.  The conditional use permit was denied by the Planning and Zoning commission at their last meeting.   If council approves this item, it should be approved contingent that the City of College Station obtains a conditional use permit.  If the conditional use permit were not permitted, the agreement would not go into effect. 

 

Consent Item No. 9.7 

Tony Michalsky explained that Union Pacific Resources has requested the City of College Station supply electrical service to Easterwood #3 oil well off Highway 60.  This well is located on the Texas A&M University property.  The City of College Station will provide and supply the conductor and other necessary material to provide the electric service.  The approximate cost to the City is $3,000.  Mr. Michalsky will look into the electric uses and cost and report back to the Council.

 

Consent Item No. 9.8

Police Chief Feldman explained that the grant funds for additional police officers would be allocated in the City’s budget.

 

Agenda Item No. 2 - Presentation, discussion and possible action regarding a status update on the Rail Feasibility and Location Study.

 

City Planner Jane Kee introduced this item.  The purpose was to provide an update to Council on the local rail economic feasibility and location study that is being performed by the Metropolitan Planning Organization (MPO).  The purpose and objective of the study is to identify, evaluate, and recommend, if feasible, a locally preferred rearrangement of the existing railroad tracks through the Bryan/College Station area.  The intent is to improve safety within the rail corridor and to reduce the conflict and “wait time” experience by the traveling public at rail crossings. 

 

Michael Parks MPO Director presented fur alternative routes.  Council asked several questions related to the impact of the railroad realignment and growth expansion of College Station. 

 

No formal action was taken.

 

Agenda Item No. 3 - Presentation, discussion and possible action regarding a report on Development Fee Study Recommendations.

 

Development Services Director Jim Callaway and Budget and Strategic Planning Manager Jeff Kersten presented an overview of the fee study recommendations.  Mr. Callaway stated that the City contracted with DMG-Maximus to conduct a review of the development fees charged by the City of College Station.  The study was prepared to determine the full cost of providing development review services.  Services evaluated included review and inspection services by the Development Services, Fire and Public Works Departments.  Full cost recovery  included all costs that are allocated to development review, including administration and overhead. 

 

By determining the full cost of service for development review, fees can be set that recover costs.  The study identified fee levels as necessary to recover 100% of the cost of each of the City’s development review functions.

 

The report indicated that fees recover approximately 60%, or $678,000, of the cost of development review.  Current fees do not recover approximately 40% of the development review costs.  Staff recommended the following scenarios:   

·       Moving toward full cost recovery over a three-year period.

·       Meet with development community to review consultant’s findings, discuss alternative for setting fees to meet fiscal and budgetary policy.

·       Bring resolution to Council setting new fees in March.

 

Mayor McIlhaney arrived at 4:00 p.m.

 

Numerous questions were asked by councilmembers regarding the proposed fee structure.

 

Council directed staff to verify the development fee structure in Bryan and possibly phase in increases over a longer period of time.  They suggested more tiers and a sliding scale based on acreage.  Also suggested was a desire to utilize a different fee structure for the applicant that has successfully completed the requirements of the application. 

 

No formal action was taken.

 

Agenda Item No. 4 - Council Calendars

 

TML Legislative Briefing, Austin, 2/5

Bryan-College Station, Brazos County Day at the State Capitol, 2/6

Pizza with the Mayor, A&M Student Senate & International Student Senate, Conference Center, 2/21 7:00 p.m.-8:30 p.m.

Council Workshop and Regular Meetings, 2/22

Economic Development Conference, Dallas, 3/1

Joint Retreat with Bryan and A&M Officials, 3/30-3/31

Strategic Planning Retreat, 5/14, 5/15

 

Agenda Item No. 5 - Hear Visitors (5:45 p.m.)

 

At 4:30 p.m. Mayor McIlhaney opened the floor for public comment.

 

David Scarmardo, 3801 Woodmere addressed the council concerning the re-alignment of the railroad.  Mr. Scarmando is a Burleson County farmer.  He stated that the farmland along the Brazos River is in the floodplain and the land is lower than Brazos County.  If the railroad is relocated it will cause the farmland to hold water and create many problems.  Mr. Scarmardo noted that Burleson County Commissioners Court passed a resolution asking Bryan/College Station MPO to stop the study in the Burleson County area.  Mr. Scarmando asked the Bryan/College Station MPO to utilize appropriate monies toward study in the Bryan College Station area with the most economical impact. 

 

Agenda Item No. 6 - Executive Session

 

At 4:35 p.m., Mayor McIlhaney announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.072 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 and to consider economic development negotiations.

           

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-CC1, Brazos County  - Felder v. College Station

16.       Cause No. 52,434-361, Brazos County – College Station v. Wolf Pen Creek, Ltd., et al. 

 

Competitive Matter {Gov’t Code Section 551.086}

 

1.  Continued Evaluation of the City of College Station’s ability to provide electric utility service, advantages, disadvantages, to opt-in/stay out retail competition.

 

Economic Incentive Negotiations {Gov't Code Section 551.086}

 

1. Viatel Incentives

 

The council recessed from executive session at 5:50 p.m.  and reconvened the executive session following Hear Visitors.

 

Agenda Item No. 5 - Hear Visitors (5:45 p.m.)

 

At 5:50 p.m. Mayor McIlhaney opened the floor for public comment.

 

Manuel Pina, 9308 Amberwood Court, addressed the council with concerns regarding the new Marriott Hotel near the Woodcreek Subdivision.  The residents on Amberwood Ct. have concerns regarding safety, drainage, lighting, noise, possible odors and privacy upon completion of the hotel. 

 

Jeffrey Hart, 9306 Amberwood Court, also pointed out concerns related to safety and parking lot lighting. 

 

Raymond Noel, 9304 Amberwood Court, addressed safety, drainage and lighting issues.

 

Jeannie Baggett, 9310 Amberwood Court, addressed the potential decrease of property value due to the hotel being built behind their homes.  Also, she stated that the Marriott Hotel property is considerably built higher than the residential lots.  She urged Council to address their concerns.

 

The City Manager was directed to work with the homeowners on these issues.

 

Agenda Item No. 6 - Executive Session

 

At 6:00 p.m,  Mayor McIlhaney announced that the City Council would reconvene into executive session pursuant to Sections 551.071, 551.072 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 and to consider economic development negotiations.  Refer to executive session list previously mentioned.

 

 


 

 

Regular Meeting

 

Mayor McIlhaney opened the regular meeting at 7:03 p.m.  All council members were present.  She led the audience in the pledge of allegiance.  Rev. Thomas Estes provided the invocation.

 

Mayor McIlhaney read the following proclamations:

·       Heart Rock Café Day

·       Safety Awareness Week

·       International Awareness Month

·       National Engineers Week

 

Consent Agenda

 

9.1       Approved by common consent the minutes for City Council special meeting, January 16, 2001, workshop and regular meeting on January 25, 2001.

9.2       Bid No. 01-11 – Approved by common consent a resolution approving a construction contract for the extension of the water collection pipeline system from Water Well No.5 to Water Well No.6.  Recommend award to the lowest, responsible bidder meeting specifications, Young Contractors, Inc. in the amount of $710,478.00.  Funds available and budgeted in Utility Revenue Bond Fund, Project No. WT0004.

9.3       Bid No. 01-30 – Approved by common consent the purchase of various electrical distribution materials.  Recommend award to the lowest, responsible bidder by item for an annual estimated expenditure by vendor as follows: KBS Electrical for $14,600.00; Priester Supply for $139,156.00; Techline for $221,170.50; Temple for $38,878.80; and Wesco for $67,852.00.  The total annual estimated expenditure for electrical distribution materials is $482,257.30.  Funds available and budgeted in the Electric Fund.

9.4            Discussion and possible action on an Interlocal Agreement with the City of Bryan for reimbursement of 50 percent of the design and construction cost of a water transfer pump station to be located on Tarrow Drive to effectively transfer potable water to either city through an existing interconnection in the municipal water supply systems.  The total project cost obligation to College Station shall not exceed $400,000.  Funds available in the Westside Water Service Project.

City Manager Tom Brymer recommended that council approve the agreement based on a conditional use permit being obtained.  Motion made by Mayor Pro Tem Mariott to approve the agreement based on the approval of the conditional use permit.   Motion seconded by Councilman Silvia, which carried unanimously, 7-0.

9.5       Approved by common consent an agreement with Mitchell Gas Services L.P., for the City of College Station to reimburse Mitchell Gas Services for actual construction costs for the purpose of relocating approximately 5,800 linear feet high pressure gas main.  At a cost not to exceed $165,000.00.  This work is a necessary component of the City's CIP Project No. WT0004: Water Well 6 and Line.  Funds available and budgeted in the Water Revenue Bond fund.

9.6       Approved by common consent an Interlocal Agreement between the City of College Station and the College Station Independent School District (CSISD) for the installation of light fixtures on tennis courts at the A&M Consolidated High School campus.  Funds available and budgeted in the 2001 General Fund includes funding in the amount of $91,500 for this project.  Design and construction costs are budget in the amount of $88,000.

9.7       Approved by common consent authorizing Mayor Lynn McIlhaney to sign a right-of-way Easement to the City of College Station for electrical service to be provided to TAMU Easterwood #3 Oil Well off Hwy 60 (west of the airport). 

9.8       Approved by common consent a resolution of support by the City Council regarding the submission of a grant request to the Criminal Justice Division of the Governor's Office for funding to Brazos County for the Brazos Valley Narcotics Task Force in the amount of $699,788.

9.9       Approved by common consent a resolution approving a contract for professional services agreement with Camp, Dresser & McKee to conduct the Northgate Utilities Master Plan Study at a cost not to exceed $66,840.00.  Funds available and budgeted in the water, sewer and drainage operating funds.

9.10     Approved by common consent a resolution of the City of College Station determining a public necessity to acquire certain property; giving notice of an official determination to acquire property for the Longmire Extension project; and establish procedures for the acquisition of property.  Funds available in the 1999-2000 certificates of obligation.

9.11         Approved by common consent a service contract for the design, initiation and implementation of a variety of activities and services to improve the delivery of health and human services to low-moderate income families of College Station.  Staff recommends contract award to Unity Partners (d.b.a. Project Unity) for $20,000.00

(RFP #01-25).  Funds available and budgeted in the Community Development Block Fund 2000-2001. 

9.12     Approved by common consent a resolution and agreement between the Texas Department of Transportation (TXDOT) and the City of College Station for the City’s ten (10) percent share in the cost of right-of-way acquisition for a State highway project on SH 40 from FM 2154 to SH 6.

Regular Agenda

Agenda Item No. 10.1 - Public hearing, discussion and possible action on a rezoning of approximately 10.25 acres located on the northwest corner of Texas Avenue and Holleman Dr. from R-1 Single Family, C-1 General Commercial, C-3 Planned Commercial, and A-P Administrative-Professional, to PDD-B Planned Development District - Business. (00-124)

Staff Planner Jessica Jimmerson presented this item.  She stated that the applicants, Montana Microgrove and the City of College Station have requested the rezoning change to enable the development of an H.E.B. shopping center and the relocation of the City’s water tower.  The uses proposed for the shopping center include a grocery store, gas pumps, and retail use including the relocation of the existing print shop. 

The developer submitted detailed plans for the rezoning request to address the issues and concerns raised by staff and the neighbors.  Three neighborhood meetings were held and concerns voiced by the residents primarily involve traffic on Park Place, lighting, landscaping along Park Place and landscaping of the proposed water tower.  The developer has incorporated many of the suggestions from the neighborhood meeting into the submitted plan.

The developer hired a traffic engineer to prepare a Traffic Impact Analysis for this site. The City then contracted with a traffic-engineering consultant to evaluate the TIA.  To improve the existing situation the consultant recommends a threefold solution.  Long-term intersectional improvements will need to be made over time to remove the “jog” in Holleman Drive and to allow the intersection to operate more efficiently.  Immediate improvement recommendations included a signal located at the intersection of Texas and the Manual Drive/Outback Steakhouse driveway, and the installation of a median in Holleman to better control the access to the existing and proposed driveways. 

An engineering study of the water distribution system concluded that construction a new facility as near as possible to the existing elevation storage tank along Texas Avenue at Holleman Avenue provided the best functional performance with the water system at the lowest cost.  The property proposed for the elevated storage tank in the HEB plan meets the requirements for size, configuration and surface elevation to accommodate a 3 million gallon tank.

The Planning and Zoning Commission and staff recommended approval with the following conditions.   

·       A median in Holleman must either be constructed or the developer must have paid the City their prorated share prior to the issuance of a Certificate of Occupancy for any structure on the property.

·       At the time of platting an access easement must be provided across the HEB tract for the proposed water tower. 

·       Standard C-1 zoning requirements apply for anything not expressly modified by the proposal.

 

Mike McIntruf, Traffic Engineer with WHM Transportation Engineers addressed the council regarding the traffic issues along Holleman and Park Place.

 

Chuck Ellison, representative for one of the applicants stated that HEB would agree to do whatever they could to mitigate the impact of this development to the residents of Park Place. 

 

Mr. Ellison encouraged the Council to rezone 10.25 acres to PDD-B.

Mayor McIlhaney opened the public hearing.

The following citizens addressed the council. 

 

Mr. Groce, 1632-B Park Place was satisfied with the sidewalks along Park Place. 

 

Mayor McIlhaney closed the public hearing.

 

Councilman Maloney moved to approve Ordinance No. 2491 with staff recommendations listed above.  Motion seconded by Councilman Silvia, which carried unanimously, 7-0.

FOR: Maloney, Silvia, McIlhaney, Mariott, Hazen, Garner and Massey

AGAINST:  None

Mayor McIlhaney directed staff to look into the plan and funding cost for the 11,000 sq. ft.  widening on Holleman and report back to council. 

Agenda Item No. 10.2 - Presentation, discussion and possible action on a real estate contract for sale of a 0.761 acre tract of land located on Holleman Drive to Montana Microgroove Associates, a Texas general partnership.

Director of Economic Development Kim Foutz stated that this real estate transaction involved the sale of a 0.761-acre tract of land located on Holleman Drive to Montana Microgroove Associates (HEB).  In April 2000, the City Council awarded bid and entered into a real estate contract with Montana Microgroove, which involved the City receiving a 1.8071 acre exchange for the property.  Subsequently HEB discovered that it needed more land area to accommodate its development due to adjustments made in their PDD rezoning plan to meet neighborhood concerns.  This contract proposed to sell Montana Microgroove 0.761 acres of the original 1.8071 acre exchange tract at $5.75 per square foot, which was the original contract price.  This transaction would leave adequate land area to accommodate the new water tower and meet bid specifications.

Mayor Pro Tem Mariott made a motion to approve the real estate contract.  Motion seconded by Councilman Silvia, which carried unanimously, 6-0.  Councilman Hazen absent. 

FOR: Mariott, Silvia, McIlhaney, Maloney, Garner,  Massey.

AGAINST: None

 

Agenda Item No. 10.3 - Presentation, discussion and possible action on an ordinance amending Chapter 9, College Station City Code, limiting replatting in subdivisions platted prior to July 15, 1970.

 

Development Service Director Jim Callaway stated that Council tabled this item on January 25, 2001.

 

Councilman Silvia made a motion to remove this item from the table.  Motion seconded by Councilman Massey, which carried unanimously, 6-0.  Councilman Hazen absent.

 

Mr. Callaway explained that the current moratorium on plat applications in the Eastgate and Southside areas would expire on February 15, 2001.  The proposed ordinance provides an alternative measure for addressing residential infill issues in older areas.  The ordinance amended the subdivision regulations, limiting replats in residential subdivisions for which plats were filed for record prior to July 15, 1970.  This date is the effective date for our current subdivision regulations.  Plats filed prior to that date were not subject to the same type of development and infrastructure standards. 

 

This amendment provides that plats, replats or vacating and resubdividing plats cannot be considered in a residential subdivision platted prior to July 15, 1970.  There are three exceptions to that provision where plats can be considered:

 

·       Plat does not create an additional lot or building plot.

·       Plat which does create an additional lot or building plot must meet or exceed the average width on the block.

·       Plats in the Northgate Redevelopment area can be considered.

 

These measures will not prevent infill development in older subdivisions, but will limit residential infill with respect to density based on area lot widths.  Unplatted property is not affected and could be platted and developed in accordance with current standards.  This section if adopted will expire on January 1, 2002.

 

Benito Flores-Meath, 901 Val Verde, expressed support of the proposed ordinance.

Mike Luther, 614 Welsh, presented a handout and historical information regarding Eastgate and Southside areas.

Bob Droleskey, 1109 Ashburn, expressed support of the proposed ordinance.

Mayor Pro Tem Mariott made a motion to approve Ordinance No. 2492 amending Chapter 9, limiting replatting in subdivisions platted prior to July 15, 1970.  Motion seconded by Councilman Garner, which carried unanimously, 6-0, Councilman Hazen absent. 

 

Agenda Item No. 10.4 - Presentation, discussion and possible action on an ordinance amending Chapter 4, Section 4, "Carnivals, circuses, menageries, sideshows, concessions, and special events", of the City’s Code of Ordinances.

 

Economic Development Director Kim Foutz stated that the proposed ordinance amendment to Chapter 4, Section 4, will update the City’s Code of Ordinances by prohibiting gated special events and gated minor events on publicly owned property in the NG-1 and NG-3 Northgate zoning Districts.  The new, proposed language is highlighted with underlining in the attached ordinance.  The proposed revisions have been reviewed by the Fire, Building and Economic Development Departments in addition to the president of the Northgate Merchant’s Association.

 

This amendment is the result of a request by the Northgate Merchants Association.  The ordinance amendment is proposed to prevent access conflicts arising form private gated events blocking access to rear building entrances of Northgate business establishments.  Due to the nature of gated events, this ordinance is also designed to discourage overcrowding of the Promenade, Second Street plaza and other public areas in Northgate. 

 

Ms. Foutz passed out a handout referencing the change of words from permit to license.

 

Councilman Silvia made a motion to approve Ordinance No. 2493 amending Chapter 4, Section 4 in the code of ordinances, with the language replacement of license.  Motion seconded by Councilman Massey, which carried unanimously, 6-0, Councilman Hazen absent. 

 

FOR: Silvia, Massey, McIlhaney, Mariott, Garner, and Maloney

AGAINST: None

 

Agenda Item No. 11 – Executive Session

The City Council completed Executive Session prior to the Regular Meeting.

Agenda Item No. 12 - Final action on executive session, if necessary.

 

No action was taken.

 

 

Agenda Item No. 13 --Adjourn

 

Hearing no objections, the workshop, executive session and regular meetings were adjourned at 8:45 p.m.

 

PASSED AND APPROVED this 22nd day of February 2001.

 

 

                                                                        APPROVED:

 

 

                                                                        ____________________

                                                                        Mayor Lynn McIlhaney

 

ATTEST:

 

 

________________________

City Secretary Connie Hooks