HomeMy WebLinkAbout06/10/2010 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
2b. - Financial Advisory Consulting Services
Coversheet - Financial Advisor Consulting reivsed 7
Contract Amendment - Financial Advisor Consulting 8
Contract Renewal - Financial Advisor Consulting 10
2c. - COPS Hiring Program (CHP) Grant
Coversheet revised 12
Resolution 14
2d. - Annual Paint & Body Repairs
Coversheet revised 16
Resolution 17
Bid Tab 18
2e. - Annual Blanket Type D Hot Mix Installed Concrete
Coversheet revised 19
Resolution 20
Bid Tab 21
2f. - College Station Skate Park, PK-0911 Alternate
Construction Delivery Method
Coversheet revised 22
Resolution 23
Location Map 24
2g. - FM 2818/Jones Butler Water Line Conflict Contingency
Transfer
Coversheet revised 25
Contingency Transfer Form 26
Location Map 27
2h - Right-of-way Maintenance Ordinance
Coversheet revised 28
Ordinance 29
2i - Settlement Agreement with Wellborn SUD
Coversheet revised 31
2j - Neighborhood Parade Permits
Coversheet revised 32
Ordinance 33
No. 1 - Campus Village Rezoning, 1711 Harvey Mitchell
Parkway South
Coversheet revised 36
Background 43
Maps 44
Minutes 46
Ordinance 48
No. 2 - Central College Station Neighborhood Plan
Coversheet revised 58
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Adopted Ordinance 3186 60
Ordinance 62
No. 3 - Wellborn Amended Petition
Coversheet revised 78
May 4 2010 Letter from Jane Cohen 79
Filer's Certification 80
Initiative Petition (copy of one page)81
Ordinance granting consent to Incorporation including
plat 82
Amended affidavit of circulators 84
May 13 memo to City Sec from City Attorney 89
May 27 Letter from Jane cohen to city sec 92
May 28 letter from city attorney to alan bojorquez 93
No. 4 - Annexation Ordinance
Coversheet revised 96
Map 97
Ordinance 98
No. 5 - Horse Haven Subdivision Parking Removal
Coversheet revised 121
Ordinance 122
Map 124
No. 6 - Rock Prairie Road East Widening Project Amendment to
Resolutions Determining Need
Coversheet revised 125
Resolution 126
Location Map 150
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Mayor Council members
Nancy Berry John Crompton
Mayor Pro Tem Jess Fields
Dave Ruesink Dennis Maloney
City Manager Katy-Marie Lyles
Glenn Brown Lawrence Stewart
Agenda
College Station City Council
Regular Meeting
Thursday, June 10, 2010 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Presentation of first place trophy to Mr. Mike Garcia for the Backhoe Rodeo in the recent Health &
Safety Expo.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the posted
Agenda. Registration forms are available in the lobby and at the desk of the City Secretary. This form should
be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks to three minutes. A timer
alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City
Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda.
Topics of operational concerns shall be directed to the City Manager.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration
forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals
who wish to come forward to speak for or against the item. The speaker will state their name and address for
the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for
remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or
"housekeeping" items required by law. Items may be removed from the consent agenda b y majority vote of the
Council.
a. Presentation, possible action, and discussion of Minutes for City Council Workshop and Regular Meeting,
May 27, 2010.
b. Presentation, possible action, and discussion to approve the amendment to the original contract with First
Southwest Company and the renewal of a consulting contract with First Southwest Company in an amount
not to exceed $125,000 for financial advisory services.
c. Presentation, possible action, and discussion on the application and acceptance of a U.S. Department of
Justice, 2010 COPS Hiring Program (CHP) Grant.
City Council Regular Meeting Page 2
Thursday, June 10, 2010
d. Presentation, possible action and discussion regarding approval of a resolution to award a contract to Cal’s
Body Shop for annual automobile & truck paint and body services. Contract amount is not to exceed
$56,000.00.
e. Presentation, possible action and discussion regarding approval of an annual contract with Knife River for
Item 1 – “Asphalt Concrete, Hot Mix Installed” at $67.15 per ton and Item 2 – “Emulsion Installed” at $2.30
per gallon. The cost for the total of Item 1 and Item 2 is not to exceed $677,250.00.
f. Presentation, possible action, and discussion regarding a resolution designating the Request for
Competitive Sealed Proposals (CSP) as an alternative delivery method for the College Station Skate Park
(PK-0911).
g. Presentation, possible action and discussion approving a contingency transfer in the amount of $145,000
for improvements related to the TxDOT 2818/Wellborn overpass project.
h. Presentation, possible action and discussion of an ordinance amending Chapter 3, “Building Regulations”,
Section 2, “Right-Of-Way Maintenance”, of the Code of Ordinances.
i. Presentation, possible action, and discussion to approve the settlement Agreement with the Wellborn
Special Utilities District regarding water service areas from the 2002 annexation.
j. Presentation, possible action, and discussion on an ordinance amending Chapter 4, “Business Regulations,”
Section 3, “Parades and Motorcades” of the Code of Ordinances of the City of College Station, Texas,
providing for an exception for neighborhood parades
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public hearing
shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The Mayor will
recognize you to come forward to speak for or against the item. The speaker will state their name and address
for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining
for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register with the
City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor will recognize
individuals who wish to come forward to speak for or against the item. The speaker will state their name and
address for the record and allowed three minutes. A timer alarm will sound at 2 1/2 minutes to signal thirty
seconds remaining to conclude remarks. After a public hearing is closed, there shall be no additional public
comments. If Council needs additional information from the general public, some limited comments may be
allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official minutes
as being in support or opposition to an agenda item, the individual may complete the registration form provided
in the lobby by providing the name, address, and comments about a city related subject. These comments will
be referred to the City Council and City Manager.
1. Public Hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12,
“Unified Development Ordinance,” Section 4.2, “Official Zoning Map” of the Code of Ordinances of
the City of College Station, Texas by rezoning from C -1 General Commercial and R-4 Multi-Family /
City Council Regular Meeting Page 3
Thursday, June 10, 2010
conditioned PDD Planned Development District to PDD Planned Development District for 42.56 acres
located at 1711 Harvey Mitchell Parkway South.
2. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the City
of College Station Comprehensive Plan by adopting the Central College Station Neighborhood Plan and
the associated Community Character and Future Land Use Map and Bicycle, Pedestrian, and Greenways
Master Plan Map amendments.
3. Presentation, possible action, and discussion of City Secretary review of amended initiative petition
submission on ordinance granting consent for the incorporation of Wellborn.
4. Presentation, possible action, and discussion regarding an ordinance annexing two areas on Rock Prairie
Road West and one area on Greens Prairie Trail under the exempt status.
5. Public Hearing, presentation, possible action and discussion of an ordinance amending Chapter 10
“Traffic Code”, to remove parking along specific streets in the Horse Haven Subdivision.
6. Public Hearing, presentation, possible action, and discussion regarding an Amendment to Resolutions
Determining Need associated with the Rock Prairie Road East Widening Project.
7. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas will be
held on the Thursday, June 10, 2010 at 7:00 PM at the City Hall Council Chambers, 1101 Texas Avenue,
College Station, Texas. The following subjects will be discussed, to wit: See Agenda.
Posted this 7th day of June, 2010 at 2:00 p.m.
________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the City of
College Station, Texas, is a true and correct copy of said Notice and that I posted a true and correct copy of said
notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station, Texas, and the City’s website,
www.cstx.gov . The Agenda and Notice are readily accessible to the general public at all times. Said Notice
and Agenda were posted on June 7, 2010 at 2:00 p.m. and remained so posted continuously for at least 72 hours
proceeding the scheduled time of said meeting.
City Council Regular Meeting Page 4
Thursday, June 10, 2010
This public notice was removed from the official posting board at the College Station City Hall on the following
date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2010 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2010.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service mus t be made
48 hours before the meeting. To make arrangements call (979) 764 -3517 or (TDD) 1-800-735-2989. Agendas may be viewed on
www.cstx.gov . Council meetings are broadcast live on Cable Access Channel 19.
June 10, 2010
Consent Agenda Item No. 2b
Financial Advisory Consulting Services
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion to approve the
amendment to the original contract with First Southwest Company and the renewal of a
consulting contract with First Southwest Company in an amount not to exceed $125,000 for
financial advisory services.
Recommendation(s): Staff recommends approval of the contract amendment and
renewal.
Summary: The City Council approved the original contract in June 2009. This amendment
will lower the “not to exceed” amount of the contract from $250,000 to $125,000. In June
2009, the contract “not to exceed” amount was increased in anticipation of additional cost
associated with the construction of a City owned Convention Center.
This renewal is the first of two renewal options. The City has utilized First Southwest
Company since 1996 for financial advisor services.
First Southwest Company will assist the City in issuing debt, assisting in establishing
timelines for issuance of debt, perform necessary analysis regarding the financial resources
of the City, coordinate the assembly and transmittal of appropriate information to Bond
Counsel, coordinate the preparation and submission of Notice of Sale, the Preliminary
Official Statement and Official Statement and other marketing documents that may be
required, advise financial publication of a forthcoming sale, coordinate the preparation of
information for presentation to rating agencies, coordinate the receipt of bids and advising
the city of best bid, coordinate the expeditious delivery of the bonds, deliver to the city a
schedule of annual debt service requirements delivered to the purchaser and coordinate the
selection of a paying agent registrar.
Budget & Financial Summary: Funds for this expenditure are budgeted and available in
the various capital project funds where debt will be issued this year.
Attachments:
1. Contract Amendment
2. Renewal Agreement
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June 10, 2010
Workshop Agenda Item No. 2c
COPS Hiring Program (CHP) Grant
To: Glenn Brown, City Manager
From: Jeff Capps, Chief of Police
Agenda Caption: Presentation, possible action, and discussion on the application and
acceptance of a U.S. Department of Justice, 2010 COPS Hiring Program (CHP) Grant.
Recommendation(s):
Staff recommends Council approval.
Summary:
In 2009, the Office of Community Oriented Policing Services (COPS Office) announced the
availability of funding under the COPS Hiring Recovery Program (CHRP). At that time, the
COPS Office received funds from the American Recovery and Reinvestment Act of 2009 to
address the personnel needs of state, local, and tribal law enforcement. Similar to the
CHRP, CHP is a competitive grant program that provides funding directly to state, local and
tribal law enforcement agencies nationwide to hire and/or rehire full-time sworn officers to
increase their community policing capacity and crime prevention efforts.
While the City of College Station applied for CHRP funding in 2009, the City was not selected
as an award recipient at that time. Agencies with a pending 2009 CHRP application have
been invited to provide targeted updates to their pending applications which will then be re-
evaluated under the CHP program.
There is no local match requirement for CHP, but grant funding will only be provided for
current entry-level salary and benefits. Therefore, any other associated costs will be the
responsibility of the grantee agency.
CHP grants will provide 100 percent funding for approved entry-level salaries and benefits
for 3 years (36 months) for newly-hired, full-time sworn officer positions (including filling
existing unfunded vacancies) or for rehired officers who have been laid off, or are scheduled
to be laid off on a future date, as a result of local budget cuts.
At the conclusion of federal funding period, grantees must retain all sworn officer positions
awarded under the CHP grant for a period of at least 12 months beyond the time the
funding expires for a given position. The retained CHP-funded position(s) should be added
to the grantees law enforcement budget with local funds, over and above the number of
locally-funded positions that would have existed in the absence of the grant.
The College Station Police Department will be applying to fund 6 full time entry level police
officers identified as staffing needs in the “Blueprint for the Future” but have not yet been
funded.
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Budget & Financial Summary:
Anticipated fiscal impacts for these positions are as follows:
FY10/11- $234,690; FY11/12- $65,680; FY12/13- $65,680; after grant expiration FY13/14-
$457,890. These costs are required costs for the proposed positions above and beyond
those costs approved by the grant. These costs include such items as: equipment,
uniforms, training, patrol cars, maintenance and replacement costs all which are in line with
the department’s “Blueprint for the Future”.
Attachments:
1.) Resolution
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June 10, 2010
Consent Agenda Item No. 2d
Annual Paint & Body Repairs
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding approval of a
resolution to award a contract to Cal’s Body Shop for annual automobile & truck paint and
body services. Contract amount is not to exceed $56,000.00.
Recommendation(s): Staff recommends approval of the resolution.
Summary: The City of College Station solicited bids for automotive and truck paint and
body repairs. Two bids were received with Cal’s Body Shop as the lowest responsible bidder.
Budget & Financial Summary: Funds are available in the Property & Casualty Fund.
Attachments:
1) Resolution
2) Bid tabulation
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City of College Station - Purchasing Division
Bid Tabulation for #10-53
"Annual Contract for Auto Heavy Truck Paint Body Repairs"
Open Date: Wednesday, May 5, 2010 @ 2:00 p.m.
Cal's Body Shop
(Bryan, TX)
Krause Paint and
Body Shop, Inc.
(Bryan, TX)
ITEM UNIT DESCRIPTION UNIT PRICE UNIT PRICE
1.1
Hourly
Rate Body/Fender $36.00 $38.00
1.2
Hourly
Rate Frame $36.00 $38.00
1.3
Hourly
Rate Painting - Labor & Materials $36.00 $58.00
1.4
Hourly
Rate Mechanical $36.00 $22.00
$144.00 $156.00
2.1
Hourly
Rate Body/Fender $36.00 $38.00
2.2
Hourly
Rate Frame $36.00 $38.00
2.3
Hourly
Rate Painting - Labor & Materials $36.00 $58.00
2.4
Hourly
Rate Mechanical $36.00 $22.00
$144.00 $156.00
$288.00 $312.00
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1% 0%
GROUP II - TOTAL
Certification of Bid
GRAND TOTAL (GROUP I + GROUP II)
Prompt Payment Discount
GROUP I - CARS & LIGHT TRUCKS
GROUP II - HEAVY TRUCKS
GROUP I - TOTAL
Page 1 of 118
June 10, 2010
Consent Agenda Item No. 2e
Annual Blanket Type D Hot Mix Installed Concrete
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion regarding approval
of an annual contract with Knife River for Item 1 – “Asphalt Concrete, Hot Mix
Installed” at $67.15 per ton and Item 2 – “Emulsion Installed” at $2.30 per gallon.
The lowest bid represents an increase of 7.5% from the previous contract. The total
expenditure for Item 1 and Item 2 is not to exceed $677,250.00.
Recommendation(s): Staff recommends approval of the contract
Summary: Bids for the Annual Blanket Type D Hot Mix Installed Concrete contract
were received from three vendors; Brazos Valley Services, Knife River and Brazos
Paving, Inc. The bid documents state that “Item 1 and Item 2 will be awarded
together, based on total low bid for both items”. Staff recommends the contract for
Item 1 and Item 2 be awarded to the lowest responsible bidder, Knife River.
Budget & Financial Summary: Funding for the Annual Blanket Purchase Order
for the Installation of Hot Mix Asphalt Concrete is provided from the operating
budget of the Street Maintenance Division.
Attachments:
1. Resolution
2. Tabulation of Bid No. 10-58
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City of College Station - Purchasing Department
Bid Tabulation for #10-58
"Annual Type D Hot Mix Installed"
Open Date: Monday, May 10, 2010 @ 2:00 p.m.
ITEM QTY UNIT DESCRIPTION
UNIT
COST
TOTAL
PRICE
UNIT
COST
TOTAL
PRICE
UNIT
COST
TOTAL
PRICE
1 10000 tons Asphalt Concrete, Hot Mix Installed $67.15 $671,500.00 $75.00 $750,000.00 $80.00 $800,000.00
2 2500 gallons Emulsion Installed $2.30 $5,750.00 $3.25 $8,125.00 $3.75 $9,375.00
Brazos Paving, Inc.
$809,375.00
0%
Brazos Valley Services
$758,125.00
0%0%Prompt Payment Discount
Certification from bid package
GRAND TOTAL
Knife River
Bid bond
$677,250.00
Page 1 of 121
June 10, 2010
Consent Agenda Item No. 2f
College Station Skate Park, PK-0911
Alternate Construction Delivery Method
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
designating the Request for Competitive Sealed Proposals (CSP) as an alternative delivery
method for the College Station Skate Park (PK-0911).
Recommendation(s): Staff recommends approval of the resolution.
Summary: This item provides for the use of CSP for the construction of College Station
Skate Park (PK-0911). CSP is a process that allows the City to consider the qualifications of
the contractor as well as the bid price in selecting a contractor once the construction plans
and specifications are complete.
Certain technical aspects of the skate park design are highly specialized and require
experienced contractors to perform this work. Any variations in quality of shape or finish
from the design will result in a facility that is less safe with a reduced performance,
functionality and an overall reduced value to the operator and the user. An understanding
of these aspects, their functions and interaction through prior experience is vital to the
construction of the project. Staff and the design team agree that in contracting for the
construction of the skate park facility, all bidders must demonstrate this knowledge through
their experience and qualifications. CSP is the delivery method that will enable this
evaluation to occur.
Budget & Financial Summary: This project is funded from the 2008 Bond Authorization
in the amount of $920,000. Funds in the amount of $189,627 have been expended or
committed to date, leaving a balance of $730,373 for construction and related expenses.
Attachments:
1. Resolution
2. Project Location Map
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Skate Park Project Location Map
Southwood Athletic Complex
South Side of Rock Prarie Road
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June 10, 2010
Consent Agenda Item No. 2g
FM 2818/Jones Butler Water Line Conflict
Contingency Transfer
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action and discussion approving a contingency
transfer in the amount of $145,000 for improvements related to the TxDOT 2818/Wellborn
overpass project.
Recommendation(s): Staff recommends approval of the contingency transfer.
Summary: TxDOT is currently building a grade separation for the intersection of FM 2818
(Harvey Mitchell Pkwy) and FM 2154 (Wellborn Road), which includes a frontage road and
drainage channel on the south side of FM 2818, west of FM 2154. An existing 30-inch City
of College Station water transmission line, located inside the State ROW at the intersection
of FM 2818 and Jones-Butler Road, was exposed during the excavation of the drainage
channel. Since the City’s infrastructure is located within State ROW and in conflict with
TxDOT’s project, the City is required to pay for the improvements necessary to resolve the
conflict.
Rather than relocating the 30-inch water transmission line to resolve the conflict in State
ROW, TxDOT has allowed the City to design and construct a box culvert to convey the storm
in lieu of the drainage channel. Staff has estimated that the cost of constructing the box
culvert is approximately half the cost of relocating the 30-inch water transmission line.
Additionally, relocating the 30-inch water transmission line during the summer months
could present some operational challenges for Staff.
Once the design is complete, TxDOT will negotiate a change order with the contractor
constructing the grade separation for the intersection of FM 2818 and FM 2154 to include
the box culvert into their scope of work.
Budget & Financial Summary: Currently there is $145,000 budgeted as contingency the
Water Capital Improvement Projects Fund for projects that arise throughout the year that
are not budgeted. Contingency transfers greater than $15,000 require Council approval. It
is estimated that $150,000 will be needed for the design and construction of these
improvements. Following completion of the project design, if additional funds are needed,
they will likely be transferred from another project.
Attachments:
1. Contingency Transfer
2. Location Map
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June 10, 2010
Consent Agenda Item No. 2h
Right-of-way Maintenance Ordinance
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion of an ordinance amending
Chapter 3, “Building Regulations”, Section 2, “Right-Of-Way Maintenance”, of the Code of
Ordinances.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: This ordinance amendment provides an exemption to permitting for electrical
improvements sharing existing poles owned by College Station Utilities, requires that all
construction of electric utility facilities be in compliance with National Electrical Safety Code
(NESC) standards and establishes that plans of record for electric utilities be submitted to
and maintained by College Station Utilities. These provisions will facilitate the sharing of
aerial facilities by BTU and CSU.
Budget & Financial Summary:
Attachments:
1 Ordinance
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June 10, 2010
Consent Agenda Item No. 2i
Settlement Agreement with Wellborn SUD
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion to approve the settlement
Agreement with the Wellborn Special Utilities District regarding water service areas from the
2002 annexation.
Recommendation: Staff recommends Council approve the settlement agreement.
Summary: Staff has negotiated a settlement agreement to the legal dispute with the
Wellborn Special Utility District regarding who will provide retail water service to the areas
annexed by the City in 2002. The basic deal points are:
· College Station gets Area 2, which is 1,078 acres (31% of the total area)
· Area 2 is south of Greens Prairie Road and west of Arrington Road (see attachment)
· There are 8 customers in this area, which we can take over whenever we are ready
· No cash payments by either party
Staff recommends we accept this offer as a reasonable settlement. We will get a service
area that is prime development area, and we can serve it easily with existing water lines.
A brief background on this dispute:
· Prior to 2000, the City provided Wellborn SUD’s water supply by contract
· Contract stipulated when City annexed, those customers turn over to the City
· WSUD notified City of intent to cancel contract in January 2000
· A three-year termination clause made the official expiration January 2003
· City annexed several areas (~3,400 acres) in November 2002
· WSUD refused to turn over these service areas, claiming contract was not valid
· City has spent over $530,000 so far to contest this claim in multiple lawsuits
· Both District Court and TCEQ, in conflicting decisions, have both stated they do not
have jurisdiction of the controversy
· Lawsuit with TCEQ has been put on hold, pending this settlement
The Wellborn SUD Board supports this settlement, and they will consider formal approval of
this agreement document at their regular meeting on June 15th. This settlement will have
to be conditioned upon USDA approval, since they are a lienholder in Wellborn SUD.
Budget & Financial Summary: No additional cost. This will end the litigation in this
matter.
Attachment:
Settlement Agreement (Available in City Secretary’s office)
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June 10, 2010
Consent Agenda Item No. 2j
Neighborhood Parade Permits
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Presentation, possible action, and discussion on an ordinance
amending Chapter 4, “Business Regulations,” Section 3, “Parades and Motorcades” of the
Code of Ordinances of the City of College Station, Texas, providing for an exception for
neighborhood parades.
Recommendation(s): Staff recommends approval of the proposed amendment.
Summary: At the request of City Council and representatives of various neighborhoods,
Staff was asked to bring forth an ordinance amendment to exempt Neighborhood Parades
from having to seek a Parade Permit.
The proposed amendment exempts neighborhood parades from the permitting process,
along with any applicable fees with the condition that neighborhood parades coordinate with
the College Station Police Department. The amendment also provides a definition for
“neighborhood parades”.
Budget & Financial Summary: N/A
Attachments:
1. Ordinance
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June 10, 2010
Regular Agenda Item No. 1
Campus Village Rezoning
1711 Harvey Mitchell Parkway South
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance amending Chapter 12, “Unified Development Ordinance,” Section 4.2, “Official
Zoning Map” of the Code of Ordinances of the City of College Station, Texas by rezoning
from C-1 General Commercial and R-4 Multi-Family / conditioned PDD Planned Development
District to PDD Planned Development District for 42.56 acres located at 1711 Harvey
Mitchell Parkway South.
Recommendation(s): The Planning & Zoning Commission considered this item at their
regular meeting on May 10, 2010 and unanimously recommended approval (4-0) as
presented by Staff. Staff also recommends approval.
Summary: The Unified Development Ordinance provides the following review criteria for
zoning map amendments:
RELATION TO PREVIOUS REZONING REQUEST
In January of this year, a PDD zoning for this property was conditionally approved by
Council. It was approved with the condition that the PDD would only become effective if a
deed was executed by the current owner to sell the property on or before June 15, 2010. If
a deed was not recorded by that date, the property would retain its current zoning of C-1
General Commercial. The applicant has continued to move forward with the design and
financing of the project. This request has been brought back due to the applicant’s request
to extend that time period to on or before November 15, 2010. Since this condition was
part of an ordinance, a new ordinance is required to amend that date.
In addition to the time extension, the applicant has requested a few other revisions to the
original request that have arisen as they started designing the project. One revision is to
Note 21 on the Concept Plan to clarify that cross access easements will be required on the
central drive aisle when the property is further subdivided for separate ownership. Also, the
uses for the Mixed Use area have been clarified to state that in addition to Health Care,
Medical Clinic and Drive-in / thru window uses, the allowable uses are based on those in the
UDO Use Table for the P-MUD Planned Mixed Use District in effect on the date of the
rezoning ordinance. The final change is to the double landscape island requirements for
parking along the right-of-way. Double islands were already exempted for the Mixed Use
area if it develops as vertical mixed use and this change would exempt double islands in the
Multi-Family area as well if canopy trees are planted along the multi-use path that are equal
in number to the reduction in landscape islands, with one tree for every single-sized island
area that would otherwise be required. If a complete site plan application for vertical mixed
use has not been submitted within five years of the effective date of the zoning ordinance,
then the islands in the Multi-Family area will be modified to comply with the double island
standard. The remainder of the PDD request is as previously approved.
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REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Plan designates the
subject property as Urban, Commercial, and Natural Areas Reserved and part of Growth
Area VI. This Urban Growth Area is described as an area “for intense land use activities
including general commercial, office uses, townhomes, high-density apartments, and
vertical mixed-use.” The proposed development includes commercial uses at the corner
of Southwest Parkway and Wellborn Road with the potential of multi-family units above
the ground floor to create vertical mixed use, multi-family uses on the center portion of
the property, and commercial uses at the south driveway along Harvey Mitchell
Parkway. The FEMA 100-year floodplain is being retained as Natural Area Reserved and
the location for the multi-use path shown on the Bike and Pedestrian Master Plan is
being accommodated and may be constructed in lieu of Neighborhood Park Development
fees as discussed later.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The property at the rear and many in
the general area are zoned and developed as multi-family. The property to the north
across Southwest Parkway is zoned and developed for commercial uses.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The
proposed PDD zoning provides for a mix of uses on the subject property. This mix
allows the proposed and surrounding multi-family uses to utilize the smaller scale
commercial areas that are being retained while allowing them to become more
integrated than what would likely occur if developed independently. The proposed
development also retains the floodplain as open space and proposes to construct the
multi-use path along the Bee Creek tributary through the development to allow better
pedestrian and bicycle connectivity.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
property is located at the intersection of two major arterials (Harvey Mitchell Parkway
and Wellborn Road) and also has frontage on a minor arterial (Southwest Parkway).
This type of frontage is typically well suited for commercial uses. Access to the property
is somewhat limited due to constraints associated with the grade separation of Harvey
Mitchell Parkway and Wellborn Road currently under construction. Though it is also over
40 acres in size, the subject property is relatively narrow in depth for large scale
commercial uses and slopes to the rear, thus reducing its visibility from the adjacent
roadways.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
C-1 General Commercial zoned property is generally considered marketable in College
Station. The property was zoned C-1 General Commercial in 1975 and has remained
undeveloped.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There are existing 12-inch
water mains along the property’s northern, eastern, and western borders, which will be
looped and extended with site development. The subject property is also supported by a
series of 10-inch, 18-inch, and 24-inch sanitary sewer mains. Drainage is mainly to the
north within the Tributary “B” portion of the Bee Creek Drainage Basin. The site is
partially encumbered by the FEMA 100-year floodplain along its northern property line.
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The development proposes to take access with one driveway to Southwest Parkway, one
to Wellborn Road, and two to Harvey Mitchell Parkway. These driveway points will help
distribute traffic and provide alternate routes to destinations. While the traffic impact
analysis (TIA) states the proposed development will result in approximately 823
weekday AM peak hour trips and 1,153 weekday PM peak hour trips, adequate levels of
service will be maintained on the adjacent public roadways. In addition, the number of
trips from the proposed development is less than what would occur if the existing zoning
of C-1 General Commercial remains and solely commercial uses were developed.
REVIEW OF CONCEPT PLAN
The applicant has provided the following information related to the purpose and intent of
the proposed zoning district:
“The purpose of the development is to provide an urban pedestrian and bike friendly
development containing multi-family housing, retail, and related uses in close proximity
to Texas A&M University. The intent of the overall development is to provide for housing
with the retail, restaurant, and related commercial uses being integrated in the overall
development that will support not only the development, but nearby residential as well
as pass by traffic.”
In accordance with this purpose statement, the Concept Plan proposes three different use
areas. Commercial uses are proposed at the corner of Southwest Parkway and Wellborn
Road with the potential of multi-family units above that would create vertical mixed use.
This area will allow for the uses permitted in the P-MUD Planned Mixed Use District as per
the current Use Table with addition of Health Care, Medical Clinic and Drive-in / thru window
uses and will follow the dimensional standards and requirements of the C-1 General
Commercial district as provided in the UDO. The center portion is a multi-family area that
will adhere to the uses and standards of the R-6 High Density Multi-family district, while the
commercial area to the south along Harvey Mitchell Parkway will follow the uses and
standards of the C-1 General Commercial district. The 100-year floodplain is retained as
Natural Areas Reserved and the Concept Plan accommodates the relocation of the existing
hike and bike trail easement so the multi-use path may be constructed.
The applicant proposes some specific aspects to help create a pedestrian, urban-like
environment. A maximum height of five-stories, or roughly 65 feet, is proposed with a
minimum height of two-stories for the primary buildings in the mixed use and multi-family
areas. Accessory structures, ADA accessible dwelling units, and commercial only buildings
may be one-story. A maximum setback of 100 feet is proposed in the mixed use area. The
areas developed with residential uses will have a minimum density of 15 dwelling units per
acre or 40 bedrooms per acre, whichever is less. The Natural Area Reserved / Open Space
and multi-use path areas may be deducted from the total area calculated for density.
Other provisions include that Parking Areas and Access will have pedestrian connections to
the multi-use path and that solid fencing is not permitted adjacent to the public right-of-way
or to the multi-use path. Only parallel parking will be allowed along the main central drive
which will not be gated and will have a cross access easement if the property is subdivided
in the future. Upon development, the existing traffic circles will be modified to meet fire
apparatus road standards and turning radii.
If structured parking is provided in the mixed use or multi-family areas, it will be screened
from the right-of-way by another building or be designed to be compatible in material and
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design to the primary buildings which are adjacent to it. The non-residential buildings and
areas in the commercial and mixed use portions will meet the Non-Residential Architecture
Standards contained in Section 7.9 of the Unified Development Ordinance for building plots
with uses in excess of 50,000 gross square feet in area.
At the time of site plan and plat, the project will need to meet all applicable standards
required by the Unified Development Ordinance. Staff is currently undertaking an effort to
create new zoning districts to implement the different character areas envisioned by the
Comprehensive Plan. In the absence of a defined urban zoning district, the applicant and
Staff have negotiated through various standards to seek to attain an urban-style
appropriate for this portion of the City, while seeking to retain flexibility for both parties.
Through the PDD, the additional standards already described above are intended to achieve
this objective along with the applicant’s request for the following meritorious modifications:
· Section 3.17 “Administrative Adjustment” of the Unified Development
Ordinance
The applicant is requesting that the Administrator be granted additional authority and
flexibility to grant adjustments. Instead of being limited to up to 10% adjustments on
only setbacks and parking standards, the Administrator may grant such adjustments to
any design standard such as landscaping. This will allow the Administrator to exercise
additional discretion in the development of the mixed use and urban areas as necessary.
· Section 5.2 “Residential Dimensional Standards” and 5.4 “Non-Residential
Dimensional Standards” of the Unified Development Ordinance
The applicant is requesting that the minimum building setbacks for internal property
lines shall be 5 feet. An internal property line is defined as a property line not bounded
by a public right-of-way. The effect is to reduce the side and rear setbacks internal to
the development to facilitate more dense and urban-like development.
· Section 7.2.C.7 Subsection of “Dimensions and Access” of the Unified
Development Ordinance
The applicant is requesting a reduction in the “double island” requirement for parking in
the multi-family area located within 15 feet of a right-of-way. Instead of a double island
(18’ x 20’) required for every seven parking spaces, a “single” nine-foot wide island will
be required for every 15 parking spaces. As part of this reduction, canopy trees will be
planted along the multi-use path that are equal in number to the reduction in the
number of landscape islands, with one tree for every single sized island area that would
have otherwise been required. If a site plan application for vertical mixed use has not
been submitted within five years of the effective date of the zoning ordinance, then the
islands in this area will be modified to comply with the double island standard.
· Section 7.2.E “Interior Islands” of the Unified Development Ordinance
The applicant is requesting that landscape areas between abutting head-in parking are
allowed to be counted toward the interior landscape island requirements. To qualify the
middle island area will need to be at least 8 feet in width. This will allow greater
flexibility in the placement of islands and create a more natural appearance than if
limited only to the interior or end of parking rows.
· Section 7.4.N “Freestanding Commercial Signs” of the Unified Development
Ordinance
The subject property is part of a building plot over 85 acres in area, which includes The
Woodlands of College Station development at rear of the site. Existing sign regulations
would limit this building plot to two freestanding signs. The applicant is requesting two
39
additional freestanding signs be permitted within the building plot to allow The
Woodlands of College Station, which does not have frontage to a public street, signage
on Harvey Mitchell Parkway and Southwest Parkway. The proposed signs would be
limited 10 feet in height and 100 square feet in area each.
· Section 7.6.F “Buffer Standards” of the Unified Development Ordinance
The applicant is requesting that no buffer be required between the proposed commercial
and mixed use areas and the existing and proposed multi-family uses. The existing
multi-family uses in the area are already buffered from the proposed commercial uses
by floodplain and open space while the proposed multi-family uses are being integrated
with the proposed commercial uses.
· Section 8.2.A.9.b “Utility Easements” of the Unified Development Ordinance
The applicant is requesting that public utility easements not be required on internal lot
lines if the property is replatted. Easements will be required to serve infrastructure to
each lot. The UDO requires easements on the rear of all lots when platting. Due to the
likely configuration of the future lots, this requirement would otherwise require
easements in floodplain or areas with existing vegetation.
· Section 8.2.A.10 “Blocks” of the Unified Development Ordinance
The applicant is requesting that the property will not be subject to block length
requirements if the property is replatted. When the property was originally platted in
2006, the Commission granted block length variances. In addition, the existing
Christine Lane right-of-way was abandoned. The property ranges between 400 and 600
feet in depth with floodplain and developed property at the rear and access that is
constrained by the Harvey Mitchell Parkway / Wellborn Road grade separation. In lieu of
block length (the construction of public streets), the applicant has proposed to construct
the central drive with a minimum 24-foot paving width, 5-foot sidewalks on both sides,
allow parallel parking and meet driveway spacing standards for a minor collector and
geometry, including centerline radii, for fire apparatus access roads.
· Section 8.2.A.13 “Sidewalks” of the Unified Development Ordinance
The applicant is requesting that when the property is developed, sidewalks will not be
required along Harvey Mitchell Parkway. With the Harvey Mitchell Parkway / Wellborn
Road grade separation, no pedestrian or bicycle facilities will be provided at grade across
the railroad or on the overpass over it. Pedestrian and bicycle modes will be
accommodated away from Harvey Mitchell Parkway on the multi-use path and central
drive that is to be constructed with a sidewalk on each side. Sidewalks will be provided
on Wellborn Road and Southwest Parkway.
· Section 8.7 “Requirements for Parkland Dedication” of the Unified Development
Ordinance
The applicant is requesting that in lieu of the Neighborhood Park Development Fee ($622
per dwelling unit), the developer may design and construct the multi-use path and
receive dollar-for-dollar credit against the neighborhood park development fee. The
Parks and Recreation Advisory Board and Greenways Program Manager have
recommended approval of this modification. Fees in lieu of Neighborhood Park land
acquisition and Community Park land acquisition and development, equaling $1,024 per
multi-family unit, will still be required. The multi-use path will be designed with Phase 1
of the development and will be constructed and dedicated to the City prior to Certificates
of Occupancy of Phase 2. The design is to meet City specifications for a public multi-use
path and include exercise stations. The developer may opt out of the path construction
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but will be required to pay the fee in lieu of Neighborhood Park development for all
units.
The following meritorious modifications apply to the mixed use area only if it is developed as
vertical mixed use. The modifications of these standards are intended to be in keeping with
the intent of an urban, vertical mixed use environment and be incentives for its
development. To qualify as vertical mixed use at least 20% of the gross floor area must
consist of residential uses above the ground floor.
· Section 7.2.C.7 Subsection of “Dimensions and Access” of the Unified
Development Ordinance
The applicant is requesting a reduction in the “double island” requirement for parking
located within 15 feet of a right-of-way. Instead of a double island (18’ x 20’) required
for every seven parking spaces, a “single” nine-foot island will be required for every 15
parking spaces.
· Section 7.4 “Signs” of the Unified Development Ordinance
The applicant is requesting that the area developed as vertical mixed use be permitted
to utilize Hanging Signs and Projection Signs as allowed in the Northgate districts as
described in Section 5.6.B.12.c.3 and 4.
· Section 7.4 “Signs” of the Unified Development Ordinance
The applicant is requesting that banners be permitted on light poles internal to the site
and allow a community flag for the residential development.
· Section 7.9.E.3 “Landscaping” of the Unified Development Ordinance
The applicant is requesting that the vertical mixed use area not be subject to the double
landscaping points required for a building plot in excess of 50,000 square feet. While
double landscaping points would be required if only commercial were developed, the
more intense vertical mixed use would meet the standard landscaping requirements.
The applicant has also requested that if approved, the ordinance “will not become effective
unless a deed executed by Brazos County Markets, LLC is recorded in the Official Records of
Brazos County, Texas on or before the 15th day November, 2010.” This allows the
developer the opportunity to finalize financing while allowing the owner to retain the C-1
General Commercial zoning if the property is not closed on by that date.
The Unified Development Ordinance provides the following review criteria for PDD Concept
Plans:
1. The proposal will constitute an environment of sustained stability and will be in
harmony with the character of the surrounding area; The Concept Plan proposes a
mix of multi-family and commercial uses. As designated on the Comprehensive Plan,
the subject property is proposed as Urban, Commercial, and Natural Areas Reserved. A
mixed-use environment potentially allows better opportunities for residents to shop, dine
and work where they live, thus reducing traffic on nearby streets and encouraging a
more walkable environment.
2. The proposal is in conformity with the policies, goals, and objectives of the
Comprehensive Plan, and any subsequently adopted Plans, and will be
consistent with the intent and purpose of this Section: The proposed Concept Plan
is in general conformity with the policies, goals and objectives of the Comprehensive
41
Plan. The Future Land Use and Character Map designates this area for Urban and
Commercial uses, which is what is proposed.
3. The proposal is compatible with existing or permitted uses on abutting sites
and will not adversely affect adjacent development: The proposed development
includes the potential for a vertical mixed-use structure on the corner of Southwest
Parkway and Wellborn Road with separate multi-family and commercial uses on the
remainder of the property. Properties in the area are developed as similar commercial
or multi-family uses and other vacant properties are anticipated to be developed in a
similar fashion.
4. Every dwelling unit need not front on a public street but shall have access to a
public street directly or via a court, walkway, public area, or area owned by a
homeowners association: The proposed development has frontage to three major
roadways: Harvey Mitchell Parkway, Wellborn Road, and Southwest Parkway. The multi-
family units and commercial uses will access these roadways through a network of
private drive aisles as depicted on the Concept Plan.
5. The development includes provision of adequate public improvements,
including, but not limited to, parks, schools, and other public facilities: The
development proposes to construct the multi-use path located within and adjacent to the
floodplain on the subject property. This will help facilitate bike and pedestrian
movements away from the vehicular modes on Harvey Mitchell Parkway and Wellborn
Road.
6. The development will not be detrimental to the public health, safety, welfare,
or materially injurious to properties or improvements in the vicinity: The subject
property and surrounding area is designated for Urban and Commercial uses. The
proposed development will be complimentary with other uses in the vicinity.
7. The development will not adversely affect the safety and convenience of
vehicular, bicycle, or pedestrian circulation in the vicinity, including traffic
reasonably expected to be generated by the proposed use and other uses
reasonably anticipated in the area considering existing zoning and land uses in
the area: The TIA demonstrates that the proposed development will not adversely
impact the surrounding uses and streets with an undue traffic burden as the most
significant traffic impacts will be retained within the proposed development. Though
additional trips will be generated, the proposed development provides alternate
vehicular, bicycle and pedestrian circulation routes as well as additional commercial
opportunities that are not currently available in the area.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Aerial & Small Area Map (SAM)
3. Draft Planning & Zoning Commission Minutes – May 20, 2010
4. Ordinance
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BACKGROUND INFORMATION:
NOTIFICATIONS
Advertised Commission Hearing Date: May 20, 2010
Advertised Council Hearing Dates: June 10, 2010
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Property owner notices mailed: Nine
Contacts in support: None
Contacts in opposition: None
Inquiry contacts: None
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North
Commercial
(across Southwest
Parkway, a minor arterial)
C-1 General Commercial Commercial Shopping
Center
South
Urban
(across Harvey Mitchell
Parkway, a major arterial)
C-1 General Commercial and
R-1 Single-Family Residential Vacant
East Urban and
Natural Area Reserved
R-4 Multi-Family;
A-O Agricultural Open;
C-1 General Commercial
Multi-family Development;
Undeveloped City Park;
Vacant Commercial Lot
West
Urban and
Natural Area Reserved
(across Wellborn Road, a
major arterial and the Union
Pacific Railroad)
R-1 Single-Family Residential Vacant
DEVELOPMENT HISTORY
Annexation: 1969
Zoning: C-1 General Commercial and R-4 Multi-Family (1975)
Final Plat: A portion of the subject property near Southwest Parkway was platted
in 1982 with the remainder platted in 2006.
Site development: A portion of the property has been developed as driveway access for
the existing The Woodlands of College Station development located
behind the subject property. A site plan application has been
submitted for development of a multi-family portion of this property.
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MINUTES
P LANNING AND ZONING COMMISSION
Regular Meeting
May 20, 2010, 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Doug Slack, Paul Greer and Mike
Ashfield
COMMISSIONERS ABSENT: Hugh Stearns, Tom Woodfin, and Scott Shafer
CITY COUNCIL MEMBERS PRESENT: Mayor Nancy Berry
CITY STAFF PRESENT: Senior Planner Jason Schubert, Graduate Civil Engineer Erika
Bridges, Senior Assistant City Engineer Carol Cotter, Greenways Program Manager Venessa
Garza, Transportation Planning Coordinator Joe Guerra, Planning Administrator Molly
Hitchcock, Assistant Director Lance Simms, First Assistant City Attorney Carla Robinson,
Action Center Representative Kerry Mullins, and Administrative Support Specialist Brittany
Caldwell
1. Call meeting to order.
Chairman Nichols called the meeting to order at 7:05 p.m.
2. Hear Citizens.
None
Regular Agenda
5. Public hearing, presentation, possible action, and discussion regarding a Rezoning from
C-1 General Commercial and R-4 Multi-Family / Conditioned PDD Planned
Development District to PDD Planned Development District for 42.56 acres located at
1711 Harvey Mitchell Parkway. Case #10-00500062 (JS)
Senior Planner Jason Schubert presented the rezoning request and recommended
approval.
There was general discussion amongst the Commission regarding the rezoning.
Chairman Nichols opened the public hearing.
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Chuck Ellison, representing the applicant, stated that the reason the rezoning was being
brought back to the Commission is due to the applicant’s request to extend the
conditioned time period for the deed to on or before November 15, 2010. He also stated
that during the design of the project there were a few revisions to the original request.
Robert Rose, 3201 Walnut Creek Court, Bryan, Texas, asked what material would be
used to construct the multi-use path, as well as what the width would be. He also asked if
lighting would be provided and who would maintain the path.
Greenways Program Manager Venessa Garza stated that concrete would be used to
construct the path and it would be 10-feet wide. She said that lighting would not be
provided because it is not part of the scope and would require additional funding. She
also stated that Public Works would maintain the path.
Chairman Nichols closed the public hearing.
Commissioner Greer motioned to recommend approval of the rezoning.
Commissioner Ashfield seconded the motion, motion passed (4-0).
8. Adjourn.
Commissioner Greer motioned to adjourn the meeting. Commissioner Ashfield
seconded the motion, motion passed (4-0).
The meeting was adjourned at 8:50 p.m.
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June 10, 2010
Regular Agenda Item No. 2
Central College Station Neighborhood Plan
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding an
ordinance amending the City of College Station Comprehensive Plan by adopting the Central
College Station Neighborhood Plan and the associated Community Character and Future
Land Use Map and Bicycle, Pedestrian, and Greenways Master Plan Map amendments.
Recommendation(s): The Planning and Zoning Commission will hear this item at the June
3 rd meeting of the Commission. Their recommendation will be presented to Council at the
meeting.
Summary: This item is for consideration of the Central College Station Neighborhood Plan.
This Plan is the first in a series of neighborhood, district, and corridor plans that are created
to implement the City’s Comprehensive Plan vision to create, promote, and enhance places
of distinction.
The process for the plan began in August, 2009 with the selection and establishment of the
Neighborhood and Planning Resource Teams. Over the past nine months, Staff has worked
with the neighborhood to develop a plan to address community character and land use,
neighborhood integrity, mobility, and sustainability. Over the course of the planning
process, three community-wide meetings were held, along with an online survey.
Additionally, representatives from CSISD and TAMU student groups were involved in the
process.
The Plan focuses on four goals:
1. Promote and protect the suburban residential character in the core of Central College
Station balanced with the need to provide denser redevelopment options along the
neighborhood fringe.
2. Improve neighborhood organizations, property maintenance and City code
compliance in owner-occupied areas to elevate the attractiveness of Central College
Station’s subdivisions as an affordable, family-friendly neighborhood.
3. Promote a safe, well-connected, context-sensitive, multi-modal transportation
system to better connect Central College Station to the rest of the community and its
local neighborhood centers.
4. Increase awareness and participation in resource conservation efforts.
The plan incorporates 25 strategies, and 148 action items to be implemented over the next
five to seven years. Example strategies include coordinated public investments, effective
training and organizational support, and on-going evaluation and indicator systems.
Through the implementation of these strategies, the City aims to stabilize and protect this
area as an attractive and stable single-family neighborhood for future residents of College
Station.
Staff provided a final draft copy of the Plan as well as an overview of the document to the
City Council on May 27th.
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Budget & Financial Summary: Capital and operations and maintenance costs are noted in
the Neighborhood Plan.
Attachments:
1. The Central College Station Neighborhood Plan is on file at the City Secretary’s
Office.
2. Adopted Ordinance #3186
3. Ordinance
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AN ORDINANCE REPEALING THE OFFICIAL CITY OF COLLEGE STATION
CONIPREHENSIVE PLAN (ADOPTED BY ORDINANCE NO. 2617) AND ADOPTING A
NEW COMPREHENSIVE PLAN AND ALL PREVIOUS AND SUBSEQUENT PLANS AS
APPLICABLE, AS THE "OFFICIAL CITY OF COLLEGE STATION COMPREHENSIVE
PLAN," AS SET OUT BELOW, AND PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAnVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS :
PART 1 : That .the Official City of College Station Comprehensive Plan (adopted by
Ordinance No. 26 17) is hereby repealed and a new Comprehensive Plan is hereby
adopted as the "Official City of College Station Comprehensive Plan" as set out in
Exhibit "A" attached hereto and made a part of this ordinance for all purposes.
PART 2: That the Official City of College Station Comprehensive Plan (Comprehensive
Plan) includes all plans, studies and amendments as set out in Exhibit "A"
attached hereto and made a part of this ordinance for all purposes.
PART 3: That if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 4: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor
more than Two Thousand Dollars ($2,000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective ten (10) days after its date
of passage by the City Council, as provided by Section 35 of the Charter of the
City of College Station.
PASSED, ADOPTED and APPROVED this 2sth day of May, 2009.
City Secretary
APPROVED:
APPROVED:
&4*
MAYOR
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ORDINANCE NO. 3186 Page 2
The City of College Station's official Comprehensive Plan consists of the following documents
that have been previously adopted by resolution and / or ordinance; all other documents
previously adopted as a part of the Comprehensive Plan are superseded by the adoption of this
Comprehensive Plan:
The Northgate Redevelopment Plan dated November 1996
The Revised Wolf Pen Creek Master Plan dated 1998
A Network of Greenways for College Station dated May 1999
Bikeway and Pedestrian Master Plan dated October 2002
Northgate Redevelopment Implementation Plan dated July 2003
East College Station Transportation Study dated December 2007
Parks, Recreation and Open Space Master Plan dated May 2005
Park Land Dedication Neighborhood Park Zones Map dated January 2009
Park Land Dedication Community Park Zones Map dated April 2009
Any subsequent plans and studies amending the Comprehensive Plan shall be adopted by
ordinance and incorporated as part of the Official City of College Station Comprehensive Plan.
The Comprehensive Plan is to be used as a guide for growth and development for the entire City
and its Extraterritorial Jurisdiction (ETJ). The Comprehensive Plan depicts generalized locations
of items such as proposed future land uses and thoroughfares that are subject to modification.
The Comprehensive Plan, in particular the Future Land Use and Character Map, and any adopted
amendments thereto, shall not be nor be considered to be a zoning map; shall not constitute
zoning regulations or establish zoning boundaries; and shall not be site or parcel specific, but
shall be used to illustrate generalized locations.
The Comprehensive Plan, in particular the Thoroughfare Plan map, and any adopted amendments
thereto, shall depict generalized locations of future thoroughfares, subject to modification.
Alignments within 1,000 feet of the alignments shown will not require a Thoroughfare Plan
amendment
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ORDINANCE NO.__________________ Page 3
EXHIBIT "A"
CENTRAL COLLEGE STATION NEIGHBORHOOD PLAN
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ORDINANCE NO.__________________ Page 4
EXHIBIT "B"
I
AMENDED AREA OF
COLLEGE STATION COMMUNITY CHARACTER AND FUTURE LAND USE MAP
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the College Station Land Use Plan Map as follows:
The approximately 2.4 acres generally located at Laredo Court is amended from Neighborhood
Conservation to Urban, as shown on the attached Exhibit “C”.
II
AMENDED AREA OF
COLLEGE STATION COMMUNITY CHARACTER AND FUTURE LAND USE MAP
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the College Station Land Use Plan Map as follows:
The approximately 7 acres generally located at Texas Avenue South and Deacon Drive is
amended from General Commercial to Urban, with the following conditions, and as shown on
the attached Exhibit “D”.
Condition: This area may incorporate commercial, multi-family, or a mix of the two uses similar
to requirements for Urban character allowances in Growth Areas.
III
AMENDED AREA OF
COLLEGE STATION COMMUNITY CHARACTER AND FUTURE LAND USE MAP
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the College Station Land Use Plan Map as follows:
The approximately 0.4 acres generally located at 1813 Sara Drive is amended from General
Commercial to Urban, as shown on the attached Exhibit “E”.
IV
AMENDED AREA OF
COLLEGE STATION COMMUNITY CHARACTER AND FUTURE LAND USE MAP
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the College Station Land Use Plan Map as follows:
The approximately 14 acres generally located east of Longmire Drive at Ponderosa Drive is
amended from General Commercial to Business Park, with the following conditions, as shown
on the attached Exhibit “F”.
Condition: Development in this areas should be designed with Suburban Commercial building
and site standards. This would include lower building heights, residential design components and
roof tops, and adequate landscaping to lend a more residential feel to the developments.
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ORDINANCE NO.__________________ Page 5
V
AMENDED AREA OF
COLLEGE STATION COMMUNITY CHARACTER AND FUTURE LAND USE MAP
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the College Station Community Character and Land Use Plan Map as follows:
The approximately 11.7 acres generally located west of Longmire Drive at Ponderosa Drive is
amended from General Commercial to Suburban Commercial, as shown on the attached Exhibit
“G”.
VI
AMENDED AREA OF
COLLEGE STATION COMMUNITY CHARACTER AND FUTURE LAND USE MAP
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the College Station Community Character and Land Use Plan Map as follows:
The approximately 2.8 acres generally located at Sophia Lane is amended from Urban to
Neighborhood Conservation, as shown on the attached Exhibit “H”.
VII
AMENDED AREA OF
COLLEGE STATION COMMUNITY CHARACTER AND FUTURE LAND USE MAP
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the College Station Community Character and Land Use Plan Map as follows:
The 7.5 acres generally located at Pinion Loop is amended from Urban to General Suburban, as
shown on the attached Exhibit “I”.
VIII
AMENDED AREA OF
COMMUNITY ASSETS AND IMAGE CORRIDOR MAP
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the Community Assets and Image Corridor Map as follows:
Adding Neighborhood Image Corridors on Rio Grande Boulevard and Deacon Drive, as
shown on the attached Exhibit “J”.
IX
AMENDED AREA OF
BICYCLE, PEDESTRIAN, AND GREENWAYS PLAN
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the Bicycle, Pedestrian, and Greenway Plan Proposed Bicycle Facilities Map as
follows:
Adding a multi-use path between Balcones Drive to the library property through Fitch
Park, as shown on the attached Exhibit “K”.
66
ORDINANCE NO.__________________ Page 6
X
AMENDED AREA OF
BICYCLE, PEDESTRIAN, AND GREENWAYS PLAN
That the “Comprehensive Plan” of the City of College Station, Texas, is hereby amended by
amending the Bicycle, Pedestrian, and Greenway Plan Proposed Pedestrian Facilities Map as
follows:
Adding a multi-use path between Balcones Drive to the library property through Fitch
Park, as shown on the attached Exhibit “L”,
Adding a sidewalk on Todd Trail between Brothers Boulevard and Longmire Drive, as
shown on the attached Exhibit “L”, and
Moving the sidewalk on Adrienne Drive between Deacon Drive and Ponderosa Drive to
Normand Drive, as shown on the attached Exhibit “L”.
67
ORDINANCE NO.__________________ Page 7
EXHIBIT “C”
68
ORDINANCE NO.__________________ Page 8
EXHIBIT “D”
69
ORDINANCE NO.__________________ Page 9
EXHIBIT “E”
70
ORDINANCE NO.__________________ Page 10
EXHIBIT “F”
71
ORDINANCE NO.__________________ Page 11
EXHIBIT “G”
72
ORDINANCE NO.__________________ Page 12
EXHIBIT “H”
73
ORDINANCE NO.__________________ Page 13
EXHIBIT “I”
74
ORDINANCE NO.__________________ Page 14
EXHIBIT “J”
75
ORDINANCE NO.__________________ Page 15
EXHIBIT “K”
76
ORDINANCE NO.__________________ Page 16
EXHIBIT “L”
77
June 10, 2010
Regular Agenda Item No. 3
Initiative Petition
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion of City Secretary review
of amended initiative petition submission on ordinance granting consent for the
incorporation of Wellborn.
Summary: On Tuesday, May 4, an initiative petition and ordinance were submitted to
the City from members of the Petition circulators. The petition contained language that
directed the College Station City Council to either adopt an ordinance granting consent to
the citizens of Wellborn for an election on the proposition of the incorporation of Wellborn
as a municipality, or call an election placing the proposition before the voters in College
Station. The City Secretary examined the petition and presented the results to the City
Council at its workshop meeting on May 17, 2010. The petition was declared invalid in
accordance with process defined in Article X of the City Charter.
On May 27, 2010, Mrs. Cohen and members of the Citizens for Wellborn committee
submitted supplemental documents to the original petition within the time frame required
by the City Charter Section 87.
The City Secretary reviewed the amended petition and concluded it is insufficient based
on the following issues.
1) Not clear in all sworn affidavits that a complete initiative ordinance was presented
to voters.
If an incomplete ordinance was presented to the voters it is vague, ambiguous
and invalid.
2) The concerns stated by the City Attorney in his letter to City Secretary are not
resolved.
Members of the petition circulation committee are College Brian Alg, Elizabeth Becker,
Louis Bouse, Teri Gerst, and Marcy Halterman, College Station registered voters.
Recommendation: No action is required by City Council.
Attachments:
1. May 4, 2010 Letter from Mrs. Jane Cohen (Citizens for Wellborn)
2. Filer’s Certification
3. Initiative Petition (signature sheet)
4. Ordinance granting consent to Incorporation including Exhibit A (plat)
5. Amended Affidavit of Circulators
6. May 13 memo to City Secretary from City Attorney
7. May 27, 2010 Letter from Mrs. Jane Cohen (Citizens for Wellborn)
8. May 28, 2010 Letter from City Attorney to Alan Bojorquez, Attorney for Citizens
for Wellborn
78
President Jane W. Cohen %$y\ Wellborn Vice Pres. A. P. Boyd & Cindy Robinson
Citizens for Wellborn as Secretary Karen Severn
690-3500 Wellborn, Texas Treasurer Robert 5. Cohen
j-cohen@aggienetwork.com P.O. Box 422, Wellborn, TX 77881
'May 4,2010
HAND
MAY - L 2010
Connie Hooks, City Secretary
1101 Texas Ave., P.O. BOX 9960 DELIVERED
College Station, TX 77842
bear Ms. Hooks:
The Committee of Collectors, Brian K. Alg, Elizabeth (Beth) J. Becker, Louis F. Bouse,
Teri L. Gerst, and Marcy Halterman, who are registered voters of the City of College
Station, respectfully submit the attached Initiative Petition and Ordinance to be adopted
or to hold a special election within the City of College Station allowing the voters of
College Station to vote to allow Wellborn residents the right to vote on incorporation.
This Initiative Petition and Ordinance is governed by Article X of the College Station
City Charter.
The residents of College Station wish that the College Station City Council adopt the
Ordinance or to call a special election on the issue of incorporation at the earliest
possible date under the terms of the City's Charter; to allow Wellborn the right to vote
and meet the required deadlines imposed by State law for such an election. Furthermore,
Article XI Section 86 of the City's Charter requires that you review and cerl-ify the
attached petition and signatures no later than ten (10) days after the petition is
submitted to you. This petition is being filed with you on May 4,2010, therefore, we
expect your review and certification to the City Council to be completed by May 14,2010,
and placement of this Ordinance on the next City Council agenda after your verification
is complete.
If you have any questions, please feel free to contact any of the Committee of
Collectors, me (979-690-3500), or our legal counsel, Alan J. Bojorquez (512) 250-0411.
Thank you,
Jane W. Cohen
3655 McCullough Road
College Station, Tx 77845-6889
79
STATE OF TEXAS
COUNTY OF BRAZOS
FILER'S CERTIFICATION
The document entitled, "Initiative Petition Submission An Ordinance Granting Consent
for the Incorporation of Wellborn", was personally submitted by us to the Office of the
City Secretary for the City of College Station, Brazos County, Texas, on this, the 4' day
of May 20 10.
L~; F. ~obse
Teri Lee Gerst
NOTARIZATION
BEFORE ME, the undersigned authority, on this day personally appeared Louis F.
Bouse, Elizabeth (Beth) J. Becker, Teri Lee Gerst, Brian Alg, who acknowledged to me
and by oath stated that the facts herein stated above are true and correct.
GIVEN UNDER 1\W HF & SEAL of office this, the
printed &@he of Notary public
Commission expire
80
INITIATIVE PETITION SUBMISSION AN ORDINANCE GRANTING
CONSENT FOR THE INCORPORATION OF WELLBORN
WHEREAS, the citizens of the historic community commonly known as Wellborn seek to exercise their right to vote on whether to incorporate the area as a municipality; and
WHEREAS, the proposed municipality is located in the extraterritorial jurisdiction of the City of College Station, Texas, and
WHEREAS, the undersigned individuals favor allowing the citizens of Wellborn the opportunity to vote on whether to incorporate the community as a municipality; and
WHEREAS, the undersigned individuals propose the attached ordinance, Exhibit "A ", either be approved by the College Station City Council, or be placed on an election ballot for
the electors of the City of College Station to determine whether to grant consent for Wellborn to incorporate; and
WHEREAS, this Petition is made pursuant to College Station City Charter: Art. X, Sections 83, 85, 86, 88, and 90; and
WHEREAS, the undersigned individuals are qualified voterslelectors within the municipal limits of the City of College Station; and
NOW THEREFORE, through the power of Initiative, the Petitioners direct the College Station City Council to either adopt the attached ordinance or call an election placing the
proposition before the voters in accordance with the Charter.
Circulated by 1) Louis F. Bouse, 81 1 Plum Hollow Drive, College Station, Tx, 2) Brian K. Alg, 2003 Longmire Court #3, College Station, Tx, 3) Teri L. Gerst, 3923 Hawk Owl
Cove, College Station, Tx, 4) Beth J. Becker, 15203 Post Oak Bend, College Station, Tx, 5) Marcy Halterman, 1605 Rock Prairie Road #222, College Station, Tx.
Date I Applicant's Signature Printed Name of Applicant Date of Birth
(MIDN)
Residence Address
(StreetlCityIStatelZip)
Voter Registration,
Number
81
TO THE INCORPORATION OF WELLBORN
AN ORDINANCE OF THE CITY OF COLLEGE STATION,
TEXAS, GRANTING CONSENT TO THE CITIZENS OF
WELLBORN, TEXAS, FOR AN ELECTION ON THE
PROPOSITION OF THE INCORPORATION OF THE
WELLBORN AREA AS A MUNICIPALITY UNDER THE
LAWS OF TEXAS; PROVIDING AN EFFECTIVE DATE;
AND PROPER NOTICE AND OPEN MEETING
WHEREAS, the City of College Station's annexations have caused the historical community
known as Wellborn to become wholly located within extraterritorial jurisdiction of College
Station; and
WHEREAS, a significant number of citizens of Wellborn have expressed their desire to
incorporate the area as a separate municipality, and have sought consent from the College
Station City Council through submission of an APPLICATION FOR CONSENT TO CONDUCT AN
INCORPORATION ELECTION; and
WHEREAS, Chapter 5 of the Texas Local Government Code provides for incorporation of a
territory as a general-law municipality; and
WHEREAS, Chapter 42 of the Texas Local Government Code allows a territory located in an
existing municipality's extraterritorial jurisdiction to incorporate after obtaining consent from
the existing municipality by ordinance or resolution; and
WHEREAS, a significant number of electors College Station, have expressed their desire to
grant the citizens of Wellborn consent to incorporate the area as a separate municipality, and
have submitted an INITIATIVE PETITION SUBMITTING AN ORDINANCE GRANTING CONSENT FOR
THE INCORPORATION OF WELLBORN; and now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
82
Section 1: This Ordinance constitutes the governing body of the City of College Station's
consent to the incorporation of the proposed municipality of Wellborn, Texas, in the proposed
boundaries delineated on the attached plat.
Section 2: This Ordinance shall take effect immediately from and after its passage and
publication as required by governing law and the City's Charter.
Section 3: A copy of this Ordinance shall be conveyed to the County Judge of Brazos County
immediately upon having been signed by the mayor and verified by the city secretary.
PASSED & APPROVED by the City Council of College Station on this, the th day of
,2010.
CITY OF COLLEGE STATION:
Honorable Mayor
ATTEST:
City Secretary
83
AFFIDAVIT OF CIRCULATOR
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned, on this May 25, 2010, personally appeared Louis F.
Bouse, (name of person who circulated petition) who being duly sworn, deposes and
says: "I called each signer's attention to the petition statements and read them to the
signer before the signer affixed their signature to the petition. I witnessed the affixing of
each signature. The correct date of signing is shown on the petition. I had petition forms,
ordinance Exhibit A, plat, and supporting information on the 140 year old community of
Wellborn for each petition signing. I verified each signer's registration status and believe
that each signature is the genuine signature of the person whose name is signed and that
the corresponding information for each signer is correct."
Louis F. Bouse collected 11 signatures on page 1 of 153 pages.
SWORN TO AND SUBSCRIBED BEFORE ME THIS DATE
Signature of Circulator
(SEAL)
Signature of officer administering oath
Notary Public
Title of officer administering oath
Page la of 153
84
AFFIDA VIT OF CIRCULATOR
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned, on this May 25, 20 10, personally appeared Elizabeth
(Beth) J. Becker, (name of person who circulated petition) who being duly sworn,
deposes and says: "I called each signer's attention to the petition statements and read
them to the signer before the signer affixed their signature to the petition. I witnessed the
affixing of each signature. The correct date of signing is shown on the petition. I had
petition forms, ordinance Exhibit A, plat, and supporting information on the 140 year old
community of Wellborn for each petition signing. I verified each signer's registration
status and believe that each signature is the genuine signature of the person whose name
is signed and that the corresponding information for each signer is correct."
Elizabeth (Beth) J. Becker collected 6 signatures on page 100 of 153 pages.
SWORN TO AND SUBSCRIBED BEFORE ME THIS DATE
S· fC' 117Ignature 0 lrcu ator
(SEAL)
Signature of officer administering oath
\"llflll .."..~.~.f~~::... PATRICIA LASSITERf..:::c.::t~ Notary Public. State of TexasNotary Public ~..;.~..~{ My Commission Expires
"":~{,f,~j~~"" September 28.2013
Title of officer administering oath
Page 101 of153
85
AFFIDA VIT OF CIRCULATOR
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned, on this May 25,2010, personally appeared Teri L. Gerst
, (name of person who circulated petition) who being duly sworn, deposes and says: "I
called each signer's attention to the petition statements and read them to the signer before
the signer affixed their signature to the petition. I witnessed the affixing of each
signature. The correct date of signing is shown on the petition. I had petition forms,
ordinance Exhibit A, plat, and supporting information on the 140 year old community of
Wellborn for each petition signing. I verified each signer's registration status and believe
that each signature is the genuine signature of the person whose name is signed and that
the corresponding information for each signer is correct."
Teri L. Gerst collected 11 signatures on page 130 of 153 pages.
SWORN TO AND SUBSCRIBED BEFORE ME THIS DATE
&~~
ignature of Circulator
AL)
\\\l1l1ltll
,!O......'~..Pr.,,.I'.:',">.!~~1fl No PATRICIA LASSITERSignature of officer administering oath \. ~.~.:;.. s tary PUbliC, State of T&lI~tf.';;\$~ MSY CommisSion Expires as
.. eptember 28, 20 J.3
Notary Public
Title of officer administering oath
Page 131 of 153
86
AFFIDAVIT OF CIRCULATOR
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned, on this May 25,2010, personally appeared Dr. Marcy
Haltennan, (name of person who circulated petition) who being duly sworn, deposes and
says: "I called each signer's attention to the petition statements and read them to the
signer before the signer affixed their signature to the petition. I witnessed the affixing of
each signature. The correct date of signing is shown on the petition. I had petition fonns,
ordinance Exhibit A, plat, and supporting infonnation on the 140 year old community of
Wellborn for each petition signing. I verified each signer's registration status and believe
that each signature is the genuine signature of the person whose name is signed and that
the corresponding infonnation for each signer is correct."
Dr. Marcy Haltennan collected 7 signatures on page 152 of 153 pages.
SWORN TO AND SUBSCRIBED BEFORE ME THIS DATE
~~~Lqc
Signature of Circulator
Signature of officer administering oath
"~~n"t.. fATRICIA LASSITER ~~~~Public. ~tate of :rexas
{~~~~i My Commission Expires ~~:'/o;\\~ September 28. 2013 ~",iIi'\~
Title of officer administering oath
Page 153 of 153
87
AFFIDAVIT OF CIRCULATOR
STATE OF TEXAS
COUNTY OF BRAZOS
BEFORE ME, the undersigned, on this May 25,2010, personally appeared Brian AIg,
(name of person who circulated petition) who being duly sworn, deposes and says: "I
called each signer's attention to the petition statements and read them to the signer before
the signer affixed their signature to the petition. I witnessed the affixing of each
signature. The correct date of signing is shown on the petition. I had petition forms,
ordinance Exhibit A, plat, and supporting information on the 140 year old community of
Wellborn for each petition signing. I verified each signer's registration status and believe
that each signature is the genuine signature of the person whose name is signed and that
the corresponding information for each signer is correct."
Brian Alg collected 11 signatures on page 149 of 153 pages.
BED BEFORE ME THIS DATE
(SEAL)
Signature of officer administering oath
~\\"n"", .t;~~~~.,~~~~~ ~ [ ; ~
~~. "~i ·"'~f.Mj~'(I'
DONNA WATKINS
Notary Publi~. ~tate of Texas
My Commission Expires
February 20, 2013
Title of officer adm istering oath
Page 150 of 153
88
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91
•
President Jane W. Cohen Vice Pres. A. P. Boyd & Cindy Robinson
Citizens for Wellborn Secretary Karen Severn
690-3500 Treasurer Robert S. Cohen
j-cohen@aggienetwork.com P.O. Box 422, Wellborn, TX 77881
HAND
May 27, 2010
MAY Z 7 2010
Connie Hooks, City Secretary
1101 Texas Ave., P.O. Box 9960 DELIVERED
College Station, TX 77842
Dear Ms. Hooks:
Per your e-mail of May 18, with a letter of May 14 to the CS City Council, enclosed are
supplementary petition papers of almost 600 additional printed pages of materials to
amend the original Initiative Petition and Ordinance to let Wellborn vote on
incorporation, signed by 1500 registered voters of College Station, submitted May 4
by the College Station Committee of Collectors -Brian K. Alg, Elizabeth (Beth) J.
Becker, Louis F. Bouse, Teri L. Gerst, and Marcy Halterman, including
70 affidavits by Bouse for pages 1-70, 70 ordinances (front and back), 70 maps
29 affidavits by Becker for pages 72-100, 29 ordinances (front and back), 29 maps
29 affidavits by Gerst for pages 102 -130,29 ordinances (front and back), 29 maps
18 affidavits by Alg pages 132 -149, 18 ordinances (front and back), 18 maps
2 affidavits by Halterman pages 151-152, 2 ordinances (front and back), and 2 maps.
My understanding of the CS Charter requirements was that certification by the City
Secretary should have been done at the next regular meeting, not a workshop.
Reference -CS Charter, Article X, Section 86, page 16-17.
Thank you,
Jane W. Cohen
Citizens for Wellborn
P.O. Box 422
Wellborn, Tx 77881
,• ..'
92
CITY OF COlLEGE STATION
. Home ufTexas A&M Unir;ersity"
May 28, 2010
Mr. Alan J. Bojorquez
Attorney at Law
12325 Hymeadow Drive
Suite 2-100
Austin, Texas 78750
RE: Letter of May 27, 2010
Dear Alan:
The City Secretary has not completed her review of the supplemental
petition. At the completion of her review she will set out her findings.
The first point I will make is that this is not a red-light camera
initiative/petition situation. The current case law provides that annexation issues
are controlled by the statutes dictating your next step. Wellborn's next step is to
request annexation by College Station.
By letter of March 29, 2010, I told you that I would recommend that no
initiative election be called because the precedent, as established by case law, is
that zoning and annexation are not subject to· initiative petition. I sent that letter
in March so that Wellborn and you would know what my recommendation would
be and not be surprised or expend energy circulating the petition, and then
complain the City never told Wellborn that the law might bar Wellborn's request.
In spite of the letter, Wellborn has proceeded. My recommendation stands
as before. I believe for Wellborn to prevail, it will have to change the law as it
currently exists.
For your convenience, look at the cases cited below.
Sincerely,
?~~/
Harvey Cargill, Jr.
City Attorney
Hitchcock v. Longmire, 572 S.W.2d 122
Vora v. Houston, 583 S.W.2d 935
San Pedro v. San Antonio, 562 S.W.2d 260
Hatten v. Houston, 373 S.W.2d 525
Legal Department
p.o. Box 9960 • 1101 TEXAS AVENUE
COLLEGE STATION • TEXAS • 77842
TEL 979.764.3507 • FAX. 979.764.3481
www.cstx.gov 93
Page 2
Alan J. Bojorquez
May 28,2010
Enclosure: Letter of March 29,2010
cc: Connie Hooks, City Secretary
Mayor & Council
Glenn Brown, City Manager
rIo: lharvey\/etters\20 JO.\alle 11. bojorquez 05-28-10. docx
94
·* "
~~'-. .... "-........
..,-" -'-"' ----:
CITY OF COLLEGE STATION ... ----. . --.. ~.~
-•• -~....¥-~ -_....
....___~,..~~, ...-.... -rr· ",.,-:---.---'
March 29,2010
Mr. Alard. Bojorquez
Attorney at Law
12325 Hymeadow Drive
S~te2-100
Austin, Texas 78750
RE: Initiative Petition Wellborn
Dear Alan:
.I saw in the March 25 newspaper that your clients are going t9 circulate a
petition to authorize the incorporation of Wellborn.
Please be advised that as City Attorney {will recommend. to the City
Council that no election be called if a petition is submitted. The precedent as
established by case law is for zQning and annexation cases, both setting out
specific discrete state processes to follow, that "no addit;ional" steps in the process
can be imposed and that these processes are "not subject to City Charter initiative
or referendum." '. "
Please call if you have questions.
Sincerely,
Harvey Cargll, Jr.
City Attorney
Legal Department'
P.O. Box 9960 0 1101 TEXAS AVENUE
COllEGE STATION 0 TEXAS· 77842
TEL. 979.764.3507 • FAX. 979.764.3481
www.cstx.gov 95
10 June 2010
Regular Agenda Item No. 4
Annexation Ordinance
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning and Development Services
Agenda Caption: Presentation, possible action, and discussion regarding an
ordinance annexing two areas on Rock Prairie Road West and one area on Greens
Prairie Trail under the exempt status.
Recommendation: Staff recommends approval of the ordinance as presented.
Summary: This ordinance provides for the annexation of area three areas on the
west side of the City (further described in the attachments). Council approved an
ordinance directing staff to prepare an annexation service plan for the areas on 8
April 2010. Two annexation public hearings were also held before the City Council,
one on 17 May 2010 and another on 18 May 2010.
The annexation service plan is attached to the ordinance and effectively acts as a
contract between the City and the residents of the annexed areas.
Budget & Financial Summary:
Attachments:
1. Annexation Area Map
2. Ordinance
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120
June 10, 2010
Regular Agenda Item No. 5
Horse Haven Subdivision Parking Removal
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public hearing, presentation, possible action and discussion of an
ordinance amending Chapter 10 “Traffic Code”, to remove parking along specific streets in
the Horse Haven Subdivision.
Recommendation(s): Staff recommends approval of the ordinance amendment.
Summary: Horse Haven is a residential subdivision located off the northbound SH 6
Frontage Road behind Gander Mountain. Due to the higher density land usage in this
subdivision, on-street parking along Horse Haven Lane, Horseback Drive, Horseback Court,
and Horseshoe Drive is such that it is impossible for an emergency vehicle to travel through.
Now that houses are being constructed on Mandi Court, this street will soon be congested
with on-street parking.
The city’s Traffic Management Team discussed this item and recommends that parking be
removed from one side of the street. To further improve emergency vehicle response, the
team recommends that the parking be removed from the fire hydrant side of the street.
Letters were mailed to everyone who owns property adjacent to the proposed NO PARKING
areas to notify them of tonight’s public hearing.
Budget & Financial Summary: The “NO PARKING” signs are planned operation and
maintenance expenses accounted for in the Public Works Traffic Operation budget.
Attachments:
1. Ordinance
2. Map
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Appomattox Drive
Horse Shoe Drive
Mandi Court
H o r s e H a v e n L a n e
H o r s e B a
c k D r
i
v e
Horse Back Court
H o r s e H a v e n L a n e
Ü
0 250 500125Feet
124
June 10, 2010
Regular Agenda Item No. 6
Rock Prairie Road East Widening Project
Amendment to Resolutions Determining Need
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding
an Amendment to Resolutions Determining Need associated with the Rock Prairie Road East
Widening Project.
Recommendation(s): Staff recommends approval of the Amendment.
Summary: Council has previously approved three resolutions associated with right-of-way
acquisition along Rock Prairie Road East, from State Highway 6 to William D. Fitch Parkway.
At its September 11, 2008 meeting, Council directed staff to postpone right-of-way
acquisition until the Comprehensive Plan was complete. The Comprehensive Plan was
recently adopted by Council, and Staff is prepared to resume acquiring right-of-way for this
future roadway expansion project.
Rock Prairie Road was once classified as a major arterial (120-foot wide ROW) for the entire
length between State Highway 6 and William D. Fitch Parkway. Revisions to the
Thoroughfare Plan resulting from the East College Station Transportation Study completed
in December 2007 require a 118-foot wide ROW from SH 6 to the proposed re-alignment of
Bird Pond Road (a 4 lane major arterial), a 91-foot wide ROW from the proposed re-aligned
Bird Pond Road to Bradley Road (a 2 lane major collector w/median), and a 115-foot wide
ROW between Bradley Road and William D. Fitch Parkway (a 4 lane minor arterial). The
Comprehensive Plan, adopted by Council on May 28, 2009, included updates and revisions
to the Thoroughfare Plan, but did not change the right-of-way widths recommended in the
East College Station Transportation Study for Rock Prairie Road East.
Approval of this Amendment will affect the dedication of right-of-way and easements when
development (platting) occurs, and authorize staff to purchase right-of-way and utility
easements along Rock Prairie Road East from State Highway 6 to William D. Fitch Parkway.
Budget & Financial Summary: The total current budget for the Rock Prairie Road East
Widening Project is $2,969,000. Funding for this project is from the 2003 general obligation
bond authorization. Funds in the amount of $879,981.82 have been expended or committed
to date, leaving a balance of $2,089,018.18. Remaining funds are for surveying and land
acquisition. Funds for construction are not included in this project budget.
Attachments:
1. Resolution
2. Exhibit “A” – Part 1 – On File in City Secretary’s Office
3. Exhibit “A” – Part 2 – On File in City Secretary’s Office
4. Project Location Map
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SH 6
FRONTAGE 6
ROCK PRAIRIE
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118' R.O.W. HWY 6 - Bird Pond Rd.
91' R.O.W.Bird Pond Rd. - Bradley
115' R.O.W.Bradley - Fitch
B r a d l e y R d
1 inch = 2,000 feet
Rock Prairie Road East Needs ResolutionProject Location Map
$
150