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

 

 

                                               

 

MINUTES

College Station City Council

Workshop and Regular Meeting

Thursday, January 11, 2001 at 3:00 p.m. and 7:00 p.m.

City Hall Council Chambers

 

 

COUNCILMEMBERS PRESENT:  Mayor McIlhaney, Mayor Pro Tem Mariott, Massey,

  Maloney, Silvia, Hazen, Garner

 

STAFF PRESENT:  City Manager Brymer, Assistant City Manager Brown, First Assistant City Attorney Roxanne Nemcik, City Secretary Hooks, Director of Development Services Callaway, Director of Fiscal Services Cryan, Director of Office of Technology & Information Services Piwonka, Director of Public Services Smith, Director of Economic Development Foutz, Senior Planner Kuenzel, Staff Planner Jimmerson, Staff Planner Molly Hitchcock and Assistant City Secretary Casares

 

Mayor Pro Tem Mariott called the workshop meeting to order at 3:12 p.m.

 

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

 

10.05 – Discussion and possible action on the purchase of soccer field topsoil.  Councilman Massey complimented the Parks and Recreation staff for their oversight of the soccer fields.  No action was required. 

 

10.07 – Discussion and possible action on a real estate contract in the amount of $20,364.75 or $2.25 per sq. ft. for the purchase of right-of-way in Tracts N1 and N2 of the Graham Road Widening Project, Phase II.  Councilman Massey inquired about the number of tracts needed to proceed with the construction.  Graduate Engineer, Frank Simoneaux explained there are three more tracts to acquire and the project construction should start in March.  Councilman Massey asked staff to keep the school district apprised of the schedule.  Councilman Hazen expressed disappointment that the city is not paying the appraisal price.  No action was required.

 


Agenda Item No. 2 - Presentation, discussion and possible action on an update on the Wolf Pen Creek Tax Increment Finance (WPC TIF) Board, financial plan and project plan.

 

Director of Fiscal Services Charles Cryan presented an update on the Wolf Pen Creek Tax Increment Finance District.  Mr. Cryan highlighted historical activities of the District and a plan to include five projects listed below: 

·        George Bush East Extension - $1,535,000, $505,000 from, Wolf Pen Creek TIF

·        Parking Lot - $70,000

·        Trails, Upper - $1,083,000, Lower - $825,000

·        Channel Improvements $1,180,000 from Drainage Utility

·        George Bush East WPC Bridge

 

No action was taken.

 

Agenda Item No. 3 - Presentation, discussion and possible action on an overview of changes that are ongoing in the electric utility industry.  Presented by Mr. John Moore of Navigant Consulting, Inc.

Mr. John Moore of Navigant Consulting, Inc. presented a strategic plan for Electric Deregulation.  He discussed three major areas of the plan.  

·        Restructuring of the electric utility market in Texas

·        The impact of restructuring on municipal electric utilities in Texas

·        Electric utility industry deregulation experience in other states; compare/contrast with the plan for Texas

·        Evaluating the option of  “staying in or opting out “possibilities associated with the electric utility

 

This presentation is the first of a three part series.  No action was taken. 

 

Mayor McIlhaney arrived to workshop meeting at 3:30 p.m.

 

Council recessed for a short break.  They reconvened the meeting at 4:46 p.m.

 

Agenda Item No. 4 - Presentation, discussion and possible action regarding the development code update, Unified Development Code project.

 

Lee Ensweiler of Duncan and Associates presented recommendations relating to the Zoning Districts, Use of Regulations, and District Development Standards.  Mr. Einsweiler recommended the following:

 

Design Review Board - establishing a single Design Review Board to perform all the functions of the current Project Review Committee, Northgate Design Review Subcommittee and Wolf Pen Creek Design Review Board. 

 

Revision of Zoning Districts -  this change shall reduce the number of residential and commercial districts.  Included are changes to specific districts to address problems such as the lack of alternatives in the C-1 General Commercial District.

 

District Dimensional Standards – Lot averaging, single-family cluster development and infill cluster development will reduce the “cooker cutter effect” of current Zoning Standards. 

 

Planned Development District process – conceptual plan and detailed development plan will be submitted as part of the rezoning application, Council approves rezoning and concept plan.  Staff, Design Review Board, and Planning and Zoning Commission will complete the technical review for compliance of code standards and standards established through the PDD approval.

 

This presentation continued following the regular meeting agenda.

 

Agenda Item No. 5 - Council Calendars

 

Paperless Packet Training, 1/16, 5:30 p.m. – 8:30 p.m., Administrative Conference Room

Council Workshop and Regular Meetings, 1/25

Breakfast with the Mayor, Jr. High and High School Students, 1/26, 7:30 a.m. - 9:30 a.m., Conference Center

 

Agenda Item No 6 - Hear Visitors (5:45 p.m.)

 

At 5:45 p.m., Mayor McIlhaney opened the floor for public comment.

 

Benito Flores-Meath of 901 Val Verde presented a letter to council about the need to consider dropping the special exemptions for business in the proposed smoking ordinance.

 

Chuck Ellison, of 2902 Camille Drive addressed the council regarding the proposed Development Code.  He asked for clarification on changes to the official zoning map.   He urged staff to include the developers in the Development Code review process.

 

Agenda Item No. 7 - Executive Session

 

At 6:03 p.m., Mayor McIlhaney announced that the City Council would convene into executive session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, to seek the advice of the City Attorney with respect to pending and contemplated litigation, and to consider the appointment and evaluation of public officers.

 

Pending and Contemplated Litigation {Gov’t Code Section 551.071}

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

 

Personnel {Gov't Code Section 551.074}

1.                  City Manager Evaluation

 

Council recessed from executive session at 7:00 p.m.

 

Regular Meeting

 

Mayor McIlhaney opened the regular meeting at 7:05 p.m.  All councilmembers were present.  She led the audience in the pledge of allegiance.  Pastor Bruce Wood from Aldersgate Church provided the invocation.

 

Consent Agenda

 

10.1     Approved by common consent the minutes for City Council workshop and regular meeting on December 14, 2000.

10.2     Bid No. 01-10 – Approved by common consent a resolution approving a construction contract for George Bush Drive East Extension.  Awarded to lowest responsible bidder meeting specifications, Young Contractors, in the amount of $1,343,379.00.  Funds available in Streets Capital Improvement Projects (2000 COs Issued), Drainage Utility Funds, Water Fund, Electric Fund, and Wolf Pen Creek TIF (proposed).

10.3     Bid No. 01-12 – Approved by common consent a resolution approving a construction contract for pump modifications for wells #1,2,3,4, & 5.  Awarded to lowest responsible bidder meeting specifications, Wesinger Water Well, Inc., in the amount of $80,500.00.  Funds available and budgeted in Water Revenue Bond Fund, Capital Outlay.

10.4     Bid No. 01-24 – Approved by common consent the rejection of Bid No. 01-16 and approved a resolution for a construction contract for the purchase and installation of shade structures at Southwood Park Senior League Ballfield (Bid No. 01-24).  Awarded to lowest, responsible bidder meeting specifications, Texas Shade, in the amount of $24,762.00.  Funds available and budgeted in General Fund, Parks and Recreation Maintenance.

10.5     Bid No. 01-26 – Approved by common consent the purchase of soccer field topsoil. Awarded to lowest, responsible bidder meeting specifications, Hurricane Industrial Technologies, in the amount of $16,200.00.  Funds available and budgeted in General Fund, Parks Operations.

10.6     Approved by common consent the renewal agreement for annual blanket purchase order for auto and truck body repairs with Krause Paint and Body Shop in the amount of $50,000.  Funds available and budgeted in the Fleet Services Fund and the Property Casualty Fund.

10.7     Approved by common consent a real estate contract in the amount of $20,364.75 or $2.25/SQ FT for the purchase of right-of-way in  Tracts N1 and N2 of the Graham Road Widening Project, Phase II (151 Graham and adjacent to 475 Graham).  Funds available and budgeted in Capital Improvement Fund, Street Projects.

10.8     Approved by common consent an Interlocal Agreement with Brazos Valley Ground Water Conservation District for reimbursement of administrative services provided by the City of College Station to the District.

10.9     Approved by common consent a resolution for a license to encroach into portions of an electrical easement at two locations within Block 6-7, W.C. Boyett Estates Partition.

10.10   Approved by common consent a Public Hearing to be held on January 25, 2001 for Budget Amendment #1 to the City of College Station 2000-2001 Budget authorizing an increase in appropriations of $1,388,552 in various funds; and authorizing an increase in the maximum limit of approval for expenditures by the City Manager from $15,000 to $50,000.

10.11   Approved by common consent a change order #1 for professional services contract #99-108 authorizing Camp, Dresser & McKee (CDM) to provide engineering design and construction management services for the permanent odor control improvements for the headwork’s facilities at the Carter Creek Wastewater Treatment Plant in the amount of $47, 200.00.

10.12      Approved by common consent the Council meeting schedule for 2001.

Regular Agenda

Agenda Item No. 11.1 - Public hearing, discussion and possible action on an ordinance rezoning 6.63 acres located at 3500 Harvey Road from A-O Agricultural Open to PDD-H Planned Development District-Housing.

Staff Planner Molly Hitchcock presented this item.  She stated that the applicant is requesting a PDD-H rezoning of 6.63 acres at the eastern corner of the intersection of Harvey Road and Linda Lane from A-O to PDD-H to allow for a 59-unit townhouse development.  The townhomes will be oriented inward and screened from the road by a 6-foot high brick fence.  The R-3 Townhouse zoning district was created specifically for townhouses, but the PDD-H is being requested for more flexibility than an R-3 district allows.  The proposed lot sizes will exceed the minimum lot size required of a townhouse, but the lot dimensions will differ from what would normally be required.  Proposed setbacks will be less than the District Use Scheduled requires, but buildings will cover only 32% of the total site.  There will be a density of 8.9 units per acre.    

 

Ms. Hitchcock further explained that Harvey Road is classified as a major arterial and Linda Lane a future major collector on the Thoroughfare Plan.  

 

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

 

·        That the access to Harvey Road remain an exit for all to use and not be restricted for emergency use.

·        That landscaping meet the Zoning Ordinance’s section 11 requirements.

·        That all other items not addressed in the concept plan be held to R-3 standards.

 

Mayor McIlhaney opened the public hearing.

 

The following citizens spoke in opposition to the rezoning.

 

John Vilas, 15 Ranchero Drive

Jean Vilas, 15 Ranchero Drive

Walter Hoke, 37 Pamela Lane

Janet K. Krupa, 17 Vista Lane

Jim Ferguson, 14 Vista Lane

 

Glenda Ross, 1002 Oakhaven Circle, suggested the City and County work together addressing the drainage issues in the Harvey Hillside area.  She did not express her support or disapproval of the project.   

 

Mayor McIlhaney closed the public hearing

 

Councilman Maloney made a motion to approve Ordinance No. 2482 rezoning 6.63 acres from A-O Agricultural Open to PDD-H Planned Development District-Housing with staff recommendations.  Motion seconded by Councilman Massey, which carried by a vote of 7-0.

 

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

AGAINST:  None

 

Agenda Item No. 11.2 - Public hearing, discussion and possible action on an ordinance rezoning 3.219 acres located at 1101 University Drive East from R-4 Apartment Low Density to A-P Administrative Professional.

 

Staff Planner Molly Hitchcock presented this item.  She stated that the applicant is requesting this rezoning in order to prepare the property for office development.  Due to a 7500 sq. ft. TXU gas distribution and transmission facility, two buildings for multiple tenants are being proposed for the site.  An A-P Administrative Professional zoning would allow uses ranging from offices and business schools to art studios and personal service shops.

 

The Land Use Plan shows this area as Regional Retail.  The A-P zoning proposed is more consistent with the plan of regional retail than the current R-4 residential zoning, and provides for a less intense use to abut the development R-4 than pure retail would impose.  The A-P zoning is consistent with the way the area has been developing into more service oriented businesses than retail establishments.    Planning and Zoning Commission and staff recommended approval of the rezoning request.

 

Mayor McIlhaney opened the public hearing.

 

Fred Bayliss of 324 Landsburg spoke in favor of the rezoning. 

 

Mayor McIlhaney closed the public hearing.

 

Councilman Silvia made a motion to approve Ordinance No. 2483 rezoning 3.219 acres from

R-4 Apartment Low Density to A-P Administrative Professional.  Motion seconded by Councilman Garner which carried by a vote of 7-0.

 

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

AGAINST:  None

 

Agenda Item No. 11.3 - Public hearing, discussion and possible action on an ordinance rezoning 7.223 acre tract out of the Morgan Rector League, located at the intersection of Southwest Parkway and Earl Rudder Freeway from R-1, Single Family Residential to C-1, General Commercial.

 

Staff Planner Jessica Jimmerson presented this item.  She stated that the applicant is requesting this zoning change to build a hotel and retail center, which may include a convenience store.  The Land Use Plan shows the subject property as Retail Regional, the property to the west as future office and the property to the south as Mixed Use.  The 2818 Extension Study, which was incorporated into the latest Comprehensive Plan, recommended that this corner be available for a wide range of commercial uses.  This proposed zoning change is in compliance with the Land Use Plan and all of the Development Policies of the City set forth in the Comprehensive Plan. 

 

The Planning and Zoning Commission considered this request and recommended denial without prejudice.   Staff recommended approval of the rezoning.

 

Mayor McIlhaney opened the public hearing.

 

The following citizens spoke in favor of the rezoning.

 

Jay Goss, 306 Lee Avenue

Parviz Vessali explained that the applicant was not in favor of the C-B zoning.

 

Planning and Zoning Commissioner John Happ explained that the Commission was concerned about the number of convenience stores in that area.  It was unclear to the Commission if the applicant was going to build a convenience store on this site.  If that was the intent of the applicant, the commission agreed that a C-B zoning would be reasonable for the subject property.

 

Benito Flores-Meath of 901 Val Verde, came forward to reiterate some of these same concerns.  He noted that he was present at the Planning and Zoning Commission meeting. 

 

Mayor McIlhaney closed the public hearing.

 

Mayor Pro Tem Mariott made a motion to approve Ordinance No. 2484 rezoning 7.223 acres from R-1, single Family residential to C-1, General Commercial.  Motion seconded by Councilman Silvia, which carried by a vote of 4-2-1

 

FOR:  Mariott, Silvia, McIlhaney, Massey

AGAINST:  Hazen and Maloney

ABSTAINED:  Garner

 


Agenda Item No. 11.4 - Presentation, discussion and possible action on an ordinance amending Chapter 3, Section 3 of the Code of Ordinances for the City of College Station, deleting portions of the code related to assessments for street improvements.

 

Director of Public Works Mark Smith presented this item.  Mr. Smith stated that the City Code is not consistent with the Texas Transportation Code.  The City Code restricts the City’s ability to recover its costs by limiting the owners’ costs to a right-of-way width of 56 feet and a pavement width of 38 feet.  The Texas Transportation Code allows the City to assess the entire cost of curb, gutter and sidewalk and nine-tenths of the estimated cost of other roadway improvements against the owner of adjacent properties, subject to showing the property is enhanced in value.  Under the Texas Transportation Code, the assessment may not exceed the enhanced value to the property as determined at a public hearing by the City Council.

 

Staff recommended deleting Paragraph A.  Authority, Paragraph F. Assessment for Minor Street Construction, Paragraph I Assessment for Sidewalk Construction, and Paragraph O. Principal Street Projection; Payment of Assessments, from Section 3: Development of Streets in Chapter 3, Building Regulations in the Code of Ordinances for the City of College Station.  By deleting these sections from the code, the process of assessments for street improvements would then be governed by the Texas Transportation Code.

 

Councilman Silvia made a motion to approve Ordinance No. 2485 amending Chapter 3, Section 3 of the Code of Ordinances as presented.   Motion seconded by Councilman Massey, which carried by a vote of 7-0.

 

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

AGAINST:  None

 

Agenda Item No. 11.5 - Presentation, discussion and possible action on: a) an Economic Development Agreement between the City of College Station, the College Station Business Development Corporation, and Mesa Marble & Stone, Inc., locally known as Marble-Craft; b) a Lease Agreement between the City of College Station and the College Station Business Development Corporation for property located at 3800 Raymond Stotzer Parkway

 

Director of Economic Development Kim Foutz presented this item.  Ms. Foutz explained that the Economic Development Agreement outlined Mesa Marble and Stone’s obligations and representations related to its lease and option to purchase 3800 Raymond Stotzer Parkway from the City of College Station.  The agreement also defined the City’s and College Station Business Development Corporation’s (4B Board) obligations and representations.   This agreement will allow Mesa Marble & Stone, Inc. an option to purchase the property from the City through the 4B Board.  The option to purchase may be made by written notice and shall extend for a period of 180 days commencing on July 2, 2002 and ending on December 31, 2002.  Should Mesa Marble & Stone, Inc choose the option to purchase; the purchase price for the property is $275,800.  This is current appraised value plus 3% appreciation per year for two years.  Mesa Marble & Stone, Inc. may only exercise its option to purchase the property if it meets or exceeds the performance levels established in the agreement.  If Mesa Marble & Stone elects not to exercise its option to purchase, the City will negotiate a new lease at a mutually agreed upon lease rate for an additional three years.  This new lease is conditioned upon Mesa Marble being in compliance with all terms and conditions of the Lease and Economic Development Agreement. 

 

Additionally, Mesa Marble & Stone has agreed to hire seven new employees by December 31, 2001 with a payroll of $131,040; hire 7 additional new employees by December 31, 2002 for a total new payroll of $262,080; retain 21 employees with a payroll of $387,000; and operate in College Station for at least five years. 

 

The term of the lease is February 2, 2002 to December 31, 29002.  The Tenant will pay $0.15 cents per square foot rental rate and will be responsible for property taxes, utilities, insurance, and general repairs to the property.  The City will continue to maintain blanket property insurance coverage on the buildings.  The lease does not have a renewal clause, however a new lease may be negotiated as provided in the Economic Development Agreement.

 

The following citizens spoke in opposition to the Economic Development and Lease agreement.

 

David Anderson, 2304 Brookway

John C. Mayfield, 1403 C Airline

Mike Fulfer, 14537 S. Dowling

 

Following additional discussion, Councilman Garner made a motion to approve the Economic Development and Lease Agreement as presented.   Motion seconded by Councilman Massey.

 

Councilman Garner amended the motion to approve the Economic Development and Lease Agreement with the condition the company obtain the required permits.  Motion seconded by Councilman Hazen, which carried by a vote of 5-2.

 

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

Against:  Silvia and Maloney

 

Council continued discussion of the workshop agenda. 

 

Workshop Agenda Item No. 4 - Presentation, discussion and possible action regarding the development code update - Unified Development Code project.

 

Lee Einsweiler and Jim Callaway continued their presentation regarding updates of chapters from the proposed Unified Development Code.  No action was taken.

 

Regular Agenda Item No. 12 - Executive Session

 

Council did not reconvene into executive session. 

 

Agenda Item No. 13 - Final action on executive session, if necessary.

 

No action was taken.

 

Agenda Item No. 14 - Adjourn

 

Hearing no objections, the workshop, regular and executive sessions were adjourned at

10:23 p.m.

 

 

 

 

 

PASSED AND APPROVED this 25th day of January, 2001.

 

                                                                                    APPROVED:

 

 

                                                                                    ________________________

                                                                                    Mayor Lynn McIlhaney

ATTEST:

 

________________________

City Secretary Connie Hooks