HomeMy WebLinkAbout06/09/2011 - Regular Agenda Packet - City CouncilTable of Contents
Agenda 3
Item 2a - Minutes
Coversheet revised 6
May 26 Workshop Minutes 7
May 26 Regular Minutes 12
Item 2b - Service Disconnect Agreement with Wellborn SUD
Coversheet revised 16
Agreement 17
Item 2c - Conveyance of 6810 Appomattox to Brazos Valley
Community Action Agency
Coversheet revised 26
Attachment 1 - Resolution to Convey 6810 Appomattox 27
Attachment 2 - Real Estate Contract 6810 Appomattox 29
Attachment 3 - Property Location Map - 6810
Appomattox 36
Item 2d - Conveyance of 1123 Phoenix to Bryan/College Station
Habitat for Humanity
Coversheet revised 37
Attachment 1 - Resolution 38
Attachment 2 - Real Estate Contract 40
Attachment 3 - Property Location Map 47
Attachment 4 - Letter of Request from Habitat for
Humanity 48
Item 2e - Debt Reimbursement Resolution for Electric Utility
Capital Projects
Coversheet revised 49
Resolution 50
Item 2f - Lincoln Avenue Sidewalk Project No. ST-0910
Resolution Determining Need for Easement Acquisition
Coversheet revised 53
Project Map 54
Resolution Determining Need 55
Exhibit A to Resolution Right-of-Way Map, Field Notes
and Survey Plats 76
Item 2g - Hot Mix Asphalt Price Agreement
Coversheet revised 92
Tabulation of Bid 11-69 93
Item 2h - Medical Waste Hauling Franchise with Stericycle, Inc.
Coversheet revised 94
Item 2i - Demolition and Construction Debris Franchise
Agreement with BCS Stop ‘N Go Potties
Coversheet revised 95
Item 2j - COPS Hiring Recovery Program (CHRP) Grant
Coversheet revised 96
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Resolution 97
No. 1 - Emerald Ridge Estates – 20 ft Sanitary Sewer Easement
Abandonment
Coversheet revised 99
Map 100
Location Map 101
Ordinance 102
Ordinance Exhibit 104
No. 2 - Rezoning for 3100 Haupt Road
Coversheet revised 109
Background Information 117
Maps & Photos 118
Draft P&Z minutes 120
Ordinance 123
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Mayor Council members
Nancy Berry Blanche Brick
Mayor Pro Tem Jess Fields
Dave Ruesink Karl Mooney
City Manager Katy-Marie Lyles
David Neeley Julie M. Schultz
Agenda
College Station City Council
Regular Meeting
Thursday, June 09, 2011 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
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 5:30 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. Comments should not personally attack
other speakers, Council or staff.
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 by majority vote of the
Council.
a. Presentation, possible action, and discussion of minutes for May 26, 2011 Workshop and Regular Council
Meeting.
b. Presentation, possible action, and discussion regarding the approval of an agreement with Wellborn SUD
to disconnect service for non-payment issues.
c. Presentation, possible action, and discussion regarding a Resolution approving a conveyance agreement to
transfer ownership of 6810 Appomattox, an undeveloped property, to Brazos Valley Community Action
Agency.
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Thursday, June 9, 2011
d. Presentation, possible action, and discussion regarding a Resolution approving a conveyance agreement to
transfer ownership of 1123 Phoenix, a vacant property, to Bryan/College Station Habitat for Humanity.
e. Presentation, possible action, and discussion regarding approval of a “Resolution Declaring Intention to
Reimburse Certain Expenditures with Proceeds from Debt” for expenditures related to Electric Utility
Capital projects.
f. Presentation, possible action, and discussion regarding approval of a Resolution that will authorize City
staff to negotiate for the purchase of public access easements needed for the Lincoln Avenue Sidewalk
Project.
g. Presentation, possible action, and discussion regarding award of bid #11-69 to Knife River to provide a six
month agreement for the purchase of Type D Hot Mix Asphalt for the maintenance of streets in an amount
not to exceed $600,000 ($60.00 per ton).
h. Presentation, possible action and discussion on the second reading of a non-exclusive franchise agreement
with Stericycle, Inc. for the purpose of collecting and disposing treated and untreated medical waste from
various health care related facilities.
i. Presentation, possible action and discussion on the second reading of a non-exclusive franchise agreement
with CCA, LLC d/b/a BCS Stop ‘N Go Potties for the purpose of collecting demolition and construction
debris from residential sites.
j. Presentation, possible action, and discussion on the application and acceptance of a U.S. Department of
Justice, 2011 COPS Hiring Recovery Program (CHRP) Grant.
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 approving an ordinance vacating and
abandoning a 0.445 acre, 20-foot wide sanitary sewer easement, which is located on a 0.54 and a 26.12
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Thursday, June 9, 2011
acre tract as described by a deed to Emerald Ridge Estates, Ltd. recorded in Volume 8843, Page 107 &
110 of the Deed Records of Brazos County, Texas, as well as a 4,651 square foot, 20-foot wide sanitary
sewer easement, which is located on an 18.45 acre tract as described by a deed to Emerald Ridge
Estates, Ltd. recorded in Volume 8337, Page 36 of the Deed Records of Brazos County, Texas.
2. Public Hearing, presentation, possible action, and discussion regarding an amendment to 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 108.88 acres located at 3100 Haupt Road from A-O
Agricultural Open to PDD Planned Development District.
3. 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 09, 2011 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 6th day of May, 2011 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 6, 2011 at 6:00 p.m. and remained so posted continuously for at least 72 hours
proceeding the scheduled time of said meeting.
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 ________________, 2011 By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2011.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign interpretive service must 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.
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June 9, 2011
City Council Consent Agenda Item No. 2a
City Council Minutes
To: David Neeley, City Manager
From: Sherry Mashburn, City Secretary
Agenda Caption: Presentation, possible action, and discussion of minutes for May 26, 2011
Workshop and Regular Council Meeting.
Attachments:
· May 26, 2011 Workshop Minutes
· May 26, 2011 Regular Minutes
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WKSHP052611 Minutes Page 1
MINUTES OF THE CITY COUNCIL WORKSHOP
CITY OF COLLEGE STATION
MAY 26, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie Schultz
Dave Ruesink
City Staff:
David Neeley, City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Workshop of the College Station City Council was called to order by
Mayor Nancy Berry at 3:03 p.m. on Thursday, May 26, 2011 in the Council Chambers of the
City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Presentation, possible action, and discussion on items listed on the consent agenda.
No items were pulled.
2. Presentation, possible action, and discussion of City Council appointments to various
Boards, Committees, and Commissions.
Shelley Major, Records Management Coordinator, briefed the Council on the application process
for Boards and Commissions. Openings, as well as the new application, are located on the City
website. Applicants must be College Station residents and registered voters. Some boards have
additional specific requirements. Board members eligible for re-appointment are required to re-
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apply if they wish to remain on the Board. Board appointments will be made once a year. In the
past, appointments have been made when terms expire, and the expectation is to get all boards on
the same schedule. This new process will be more efficient and will help us get information out
to the public faster. The key word with this new process is consistency.
Council directed staff to proceed with Board appointments to be brought back to Council at the
second meeting in July.
3. Presentation, possible action, and discussion of appointments to the Citizens' Charter
Review Advisory Commission.
Mayor Berry announced that Jim Maness submitted his Letter of Resignation, which she has
accepted. He does not live within the city limits. Council consensus was that Lynn McIlhaney
be moved from Vice Chair to Chair, with the Commission appointing a Vice Chair.
4. Presentation, possible action, and discussion regarding update to the existing ordinance
regulating taxicabs operating within the city limits of College Station.
This item was pulled from the agenda.
5. Presentation, possible action, and discussion on the FY 12 Budget process.
Jeff Kersten, Chief Financial Officer, updated the Council on the FY 12 budget process. Budget
objectives include: 1) prepare a balanced budget that meets basic service levels, within available
resources; and 2) position city to meet future needs with limited resources. He briefly reviewed
the budget calendar with the proposed budget presented to the Council in late July or early
August. He expects a Budget Public Hearing on August 25; however, additional Public Hearings
may be required for the tax rate. The budget and the tax rate will be adopted either September 8
or 22. The budget must be adopted by September 27, per our City Charter. If Council does not
meet that deadline, the City Manager’s budget is adopted by default. The new fiscal year begins
on October 1. Current conditions that will impact our budget include the state legislative
session, with it impacts on education; modest economic growth; slow growth in sales tax; and
property value growth projected to be minimal (1% - 2%). Key General Fund revenue streams
include: 1) sales tax at 35%; 2) property tax at 23%; 3) Return on Investments (utility transfers)
at 22%; and 4) all other revenues at 19%. Sales tax for FY 11 to date is slightly above estimate.
The FY 12 forecast has slow to moderate growth. The City has reduced its budget $5.3 million
from FY 09 – FY11. In FY 11, fifteen vacant positions were eliminated, and four positions were
held vacant for part of FY 11. Mowing services were also contracted out. Other reductions
include travel and training, overtime, employee benefits (long term disability), etc. FY 11
budget additions include four additional police positions and the first phase of Fire Station #6
operations and maintenance (nine positions added to the budget, and positions to remain vacant
until April 2012.
The budget policies provide parameters for the budget preparation. Key policies include
Revenue Policies for the tax rate and enterprise rates; capital maintenance and replacements; and
Fund Balance policies. The budget is prepared using the existing tax rate. As for Enterprise
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Rates, the Return on Investment Policy has the Electric Fund at 10.5% and the
Water/Wastewater and Sanitation Fund at 10%. Staff is considering changing the policy to
reduce the transfer in one or more funds. Capital Maintenance and Replacement is for funds set
aside for street maintenance, parking lots, technology, etc. These are significant investments of
the City. Our Fund Balance is our reserve for emergency types of situations. Currently, we have
15% in the General Fund, as well as the Utility Funds. The Council may wish to make some
changes in these policies.
FY 12 budget issues include: 1) minimal revenue increases; 2) Return on Investment Policy
(reduction in the Electric ROI over the next two years - the Electric Fund cannot sustain the
current levels); consider further reductions in budgets to address further economic slowdown.
Staff is looking at the impacts on services. The demand for services continues, and staff is
looking at permanent reductions in the General Fund of $1.5 million to stay balanced. While
identifying potential budget reductions, staff will be evaluating service level impacts, and
proposals will be made in the FY 12 proposed budget. Budget reductions can be realized
through reorganization, outsourcing, program reductions/eliminations, and staffing
considerations.
Beyond FY 12, the financial forecast impacts the General Fund with moderate revenue increases,
reductions in the ROI, in public safety, and additional service level demands. Additional
revenue and/or reductions will be needed in FY 13 and future years. Our next steps will be to
monitor the economic conditions, monitor revenues, identify service priorities, and reduce
expenditures as necessary.
Consensus was to have the budget workshops close together instead of spread out over several
weeks.
6. Council Calendar
· May 30 City Offices Closed – HOLIDAY
· June 2 Planning & Zoning Commission Meeting in Council Chambers at 6:00 p.m.
· June 8 Council Orientation at 8:30 a.m.
· June 9 City Council Workshop/Regular Meeting at 3:00 p.m. & 7:00 p.m.
There was no discussion.
7. Presentation, possible action, and discussion on future agenda items: a Council Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall
be limited to a proposal to place the subject on an agenda for a subsequent meeting.
Council requested items for the retreat and future workshops and meetings.
Councilmember Lyles wants to address political material on City property and in City Hall and
formalizing the policy.
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Councilmember Mooney asked to have the Comprehensive Plan and the Unified Design
Ordinance.
Councilmember Fields wants to discuss the possibility of ETJ residents and other non-citizen
appointees to boards and commissions. He also wants an update on a rental property specific
code enforcement program and a review of recent economic development programs and events
such as Duck Jam. Another agenda item is an update on staffing levels for the police and fire.
He also asked for a discussion on form-based zoning and incorporating that into the
comprehensive plan.
Councilmember Brick asked for a discussion on the Biocorridor.
8. Discussion, review and possible action regarding the following meetings: Animal Shelter
Board, Arts Council of the Brazos Valley, Audit Committee, Bicycle, Pedestrian, and
Greenways Advisory Board, Brazos County Health Dept., Brazos Valley Council of
Governments, Brazos Valley Wide Area Communications Task Force, BVSWMA,
BVWACS, Cemetery Committee, Code Review Committee, Design Review Board, Historic
Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee,
Joint Relief Funding Review Committee, Landmark Commission, Library Board, Mayor’s
Council on Physical Fitness, Mayor’s Development Forum, Metropolitan Planning
Organization, National League of Cities, Outside Agency Funding Review, Parks and
Recreation Board, Planning and Zoning Commission, Research Valley Partnership,
Regional Transportation Committee for Council of Governments, Signature Event Task
Force, Sister City Association, TAMU Student Senate, Texas Municipal League,
Transportation Committee, Wolf Pen Creek Oversight Committee, Zoning Board of
Adjustments.
Mayor Berry reported that the BVSWMA grand opening will be June 24. They also discussed
the conversion of methane gas. She also reported on the meeting with the Health Department
and noted they received a clean audit. Funding will be reduced by $25,000 for the City. The
RVP discussed various prospective companies and the recruiting process.
Councilmember Ruesink reported that the Salamanca delegation was unable to come as
scheduled. Also, the CVB Retreat was yesterday. They are expecting the report on the most
effective use of HOT tax at the end of June. They also want the affiliates to have better and
more restrictive guidelines for use of the HOT tax. The Intergovernmental Committee also
discussed the best use of HOT tax.
Councilmember Lyles provided an update on the Arts Council and noted two upcoming events,
one being an Art Camp.
9. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.072-Deliberation Regarding Real Property, and §551.074-Personnel, the College Station
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City Council convened into Executive Session at 5:15 p.m. on Thursday, May 26, 2011 in order
to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to
wit:
· City of Bryan’s application with TCEQ for water & sewer permits in Westside/Highway
60 area, near Brushy Water Supply Corporation to decertify City of College Station and
certify City of Bryan
· Clancey v. College Station, Glenn Brown, and Kathy Merrill
· Rachel Rahn v. Alma Martinez, The Arkitex Studio, Inc. et al, cause No. 09-000656-
CV361
· Chavers et al v. Tyrone Morrow, Michael Ikner, City of Bryan, City of College Station, et
al
B. Consultation with Attorney to seek legal advice; to wit:
· Legal issues regarding the interlocal agreement related to the bio-corridor.
C. Deliberation Regarding Real Property; to wit:
· 701 University Drive
· Holleman Tract - which includes 204, 206, 208, 210, 212, 214, 216, 218 and 220
Holleman
· 6810 Appomattox
· 1123 Phoenix
D. Deliberation Regarding Personnel; to wit:
· Council Self Evaluation
The Council recessed at 7:00 p.m. and reconvened at 7:30 p.m.
The Executive Session adjourned at 9:29 p.m. on Thursday, May 26, 2011.
No action was required from Executive Session.
10. Adjournment
There being no further business, Mayor Berry adjourned the workshop of the College Station
City Council at 9:30 p.m. on Thursday, May 26, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
_______________________
Sherry Mashburn, City Secretary
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MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
MAY 26, 2011
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy-Marie Lyles
Julie Schultz
Dave Ruesink
City Staff:
David Neely, City Manager
Kathy Merrill, Assistant City Manager
Carla Robinson, City Attorney
Sherry Mashburn, City Secretary
Tanya McNutt, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to
order by Mayor Nancy Berry at 7:08 p.m. on Thursday, May 26, 2011 in the Council Chambers
of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842.
1. Pledge of Allegiance, Invocation, consider absence request.
· Citizen Comments
Jeremy Lewis, 210 Landsburg, provided written comments, attached.
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CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for May 12, 2011 Workshop
and Regular Council Meeting, and May 19, 2011 Special Meeting.
2b. Presentation, possible action, and discussion regarding the approval of a change order
to the construction contract (11-013) with Brazos Paving in the amount of $25,539.25 for
the Barron Road Widening Phase 2 Project.
2c. Presentation, possible action, and discussion regarding Resolution 05-26-11-2c,
approving a construction contract (11-216) with Marek Brothers Construction, Inc. in the
amount of $96,121.60 for the Electrical Substation Driveway Project, and approval of
Resolution 05-26-11-2c-a, declaring intention to reimburse certain expenditures with
proceeds from debt.
2d. Presentation, possible action, and discussion regarding the ratification of the release of
a paving assessment lien against a portion of the property with frontage along Holleman
Drive South in the amount of $55,790.46.
2e. Presentation, possible action, and discussion on obtaining approval for the medical,
dental and prescription drug plan Administrative Services Agreement contract renewal
with Blue Cross and Blue Shield of Texas for claims administration for calendar year 2011,
in the amount of $434,189.
2f. Presentation, possible action and discussion on the first reading of a non-exclusive
franchise agreement with Stericycle, Inc. for the purpose of collecting and disposing treated
and untreated medical waste from various health care related facilities.
2g. Presentation, possible action, and discussion to approve a City Portal Use Agreement
with Texas Municipal Retirement System (TMRS).
2h. Presentation, possible action and discussion on the first reading of a non-exclusive
franchise agreement with CCA, LLC d/b/a BCS Stop 'N Go Potties for the purpose of
collecting demolition and construction debris from residential sites.
2i. Presentation, possible action, and discussion regarding Resolution 05-26-11-2i, awarding
the bid and approval of a construction contract (Contract # 11-199) with Follis-Cole
Construction, LLC in the amount of $57,132.50 for new sidewalks, drinking fountain, pea
gravel for playground, earthwork, sodding, and resurfacing of existing basketball court at
Woodcreek Park.
2j. Presentation, possible action, and discussion regarding Ordinance 2011-3346, amending
Chapter 4, section F (1), “Business Regulations”, of the code of ordinances of the City of
College Station, which would exempt the City of College Station for the purpose of
distributing public safety handbills.
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MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda. The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2011-
3347, 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
1.3 acres located at 1301 University Drive East from A-P Administrative Professional and
OV Overlay District to C-1 General Commercial, A-O Agricultural- Open, and OV
Overlay District.
At approximately 7:20 p.m. Mayor Berry opened the Public Hearing.
Fred Paine, 4101 S. Texas, Bryan, engineer for the applicant, said he is in favor of the project
and is available for questions.
There being no further comments, the Public Hearing was closed at 7:21 p.m.
MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember
Fields, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011-
3347, 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 1.3 acres
located at 1301 University Drive East from A-P Administrative Professional and OV Overlay
District to C-1 General Commercial, A-O Agricultural- Open, and OV Overlay District. The
motion carried unanimously.
2.Public Hearing, presentation, possible action, and discussion on Ordinance 2011-3348,
amending Chapter 12 “Unified Development Ordinance,” Section 7.4 “Signs” and Section
11.2 “Defined Terms” specifically related to sign requirements.
At approximately 7:24 p.m. Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:24 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011-
3348, amending Chapter 12 “Unified Development Ordinance,” Section 7.4 “Signs” and Section
11.2 “Defined Terms” specifically related to sign requirements. The motion carried
unanimously.
In accordance with the Texas Government Code §551.071-Consultation with Attorney,
§551.072-Deliberation Regarding Real Property, and §551.074-Personnel, the College Station
City Council reconvened into Executive Session at 7:30 p.m.
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3. Adjournment.
There being no further business, the Mayor adjourned the Regular Meeting of the City Council at
9:30 p.m. on Thursday, May 26, 2011.
________________________
Nancy Berry, Mayor
ATTEST:
___________________________
Sherry Mash burn, City Secretary
15
June 9, 2011
Consent Agenda Item No. 2b
Service Disconnect Agreement with Wellborn SUD
To: David Neeley, City Manager
From: David Coleman, Director of Water Services
Agenda Caption: Presentation, possible action, and discussion regarding the approval of
an agreement with Wellborn SUD to disconnect service for non-payment issues.
Relationship to Strategic Goals: Financially sustainable city providing response to core
services and infrastructure.
Recommendation: Staff recommends approval.
Summary: In several new developments, Wellborn Special Utility District provides the
water service, and the City of College Station provides sewer service. These customers are
billed separately by the two service providers, which can create a problem in the event of
non-payment of the City’s sewer bills. It is not feasible to “disconnect” sewer service, so
the City has no practical means to enforce payment requirements.
Wellborn SUD has graciously agreed to assist the City in this situation. The proposed
agreement will allow the City to request Wellborn SUD to disconnect a customer’s water
service until that customer becomes fully paid on their sewer bills. The City will pay a $50
service fee for these service disconnects, which is a reasonable fee. The agreement has
been written to comply with State law, to ensure that water service disconnects will not be
done when a serious health issue would result.
The proposed agreement will allow the City to collect unpaid bills, and staff recommends
approval. Please note, the Wellborn SUD Board has approved a prior version of this
agreement, but subsequently we had to make one change to the Indemnification clause. If
City Council approves this document, it will go back for the WSUD Board for reconsideration.
If this Agreement is approved by the City Council and the Wellborn SUD Board, then staff
will return to Council at a future meeting, requesting a modification to our utility rate
Ordinance to recoup the $50 service fee paid to WSUD. Current City policy is to have the
disconnected customer pay all disconnection costs, so the $50 fee from WSUD should be
passed along to that customer.
Budget & Financial Summary: NA
Attachment:
Agreement
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June 9, 2011
Consent Agenda Item No. 2c
Conveyance of 6810 Appomattox to Brazos Valley Community Action Agency
To: David Neeley, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding a Resolution approving a
conveyance agreement to transfer ownership of 6810 Appomattox, an undeveloped property, to Brazos
Valley Community Action Agency.
Relationship to Strategic Goals: Goal I.1 Spending taxpayer money efficiently and Goal III.12 Housing
affordability
Recommendation(s): Staff recommends approval for the Mayor to sign the resolution and deed
conveying this property to Brazos Valley Community Action Agency for the construction of one unit of
affordable housing.
Summary: The subject property was acquired by the City for the New Construction Program to provide
affordable home-ownership opportunities to low- and moderate-income homebuyers. On October 14,
2010, Council directed ECD staff to retire the New Construction Program and to more actively work with
area nonprofit partners to carry out the City’s affordable housing goals.
Brazos Valley Community Action Agency (BVCAA) is certified as one of the City’s Community Housing
Development Organizations (CHDO), and receives HOME funds from the City to develop affordable
housing. This lot will allow the BVCAA, using HOME grant funding, to develop a new, affordable home
available to low- and moderate-income homebuyers. The transfer of this lot will facilitate the timely
expenditure of the City’s HOME funds as construction of an affordable home must begin within one year
of the acquisition date of the property.
Budget & Financial Summary: HOME Investment Partnership Grant funds in the amount of $38,392.76
were used to acquire this property in June 2010.
Attachments:
Attachment 1: Resolution
Attachment 2: Real Estate Contract
Attachment 3: Location Map
26
RESOLUTION NO.___________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING THE REAL ESTATE CONTRACT WITH BRAZOS VALLEY
COMMUNITY ACTION AGENCY, INC.
WHEREAS, the City of College Station, Texas (“City” hereinafter) has the objective of
providing for the development of low- and moderate-income housing for citizens of the City
through its Economic and Community Development Department;
WHEREAS, Brazos Valley Community Action Agency, through its express purpose as set forth
in its corporate bylaws, shares this common goal with the City;
WHEREAS, the City has previously acquired real property, Lot Sixty-Nine (69), Block One (1),
Phase Four (4), Horse Haven Estates neighborhood (6810 Appomattox), an addition to the City
of College Station, Texas, according to plat recorded in Volume 8976, Page 266 of the Deed
records of Brazos County, Texas ("Land" hereinafter) by means other than condemnation;
WHEREAS, Brazos Valley Community Action Agency, Inc., a non-profit corporation, has
requested that the City convey this property to facilitate each entity’s mutual objective of
providing for the development of adequate, decent, safe, and sanitary low-to-moderate income
housing for the City's citizens;
WHEREAS, the City has determined that transfer of the Land to the Brazos Valley Community
Action Agency, Inc. will facilitate development of the Land into low-to-moderate income
housing and thereby serves a valid public purpose; and
WHEREAS, the City has determined that the Brazos Valley Community Action Agency, Inc. is
qualified to receive real property conveyances pursuant to LOCAL GOVERNMENT CODE
§272.001(g), §253.011, and applicable Department of Housing and Urban Development
Regulations, 24 CFR 570.201 (a) & (b); now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that the City is authorized to convey land to
Brazos Valley Community Action Agency Inc., a non-profit corporation, for the
development of low- to moderate-income housing.
PART 2: That the City Council hereby approves the Real Property Conveyance Agreement
with Brazos Valley Community Action Agency, Inc. to convey Lot 69, Block 1,
Phase 4, Horse Haven Estates neighborhood (6810 Appomattox).
PART 3: That the City Manager is hereby authorized to execute the Real Estate contract upon
passage.
27
RESOLUTION NO. __________________________ Page 2
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2011.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
City Attorney
28
Page 1 of 7
Contract No.: ______
City Of College Station
Real Estate Contract
with
Brazos Valley Community Action Agency, Inc.
This contract is made and entered into on this the ____ day of ________, 2011, by and
between the CITY OF COLLEGE STATION ("City" and/or "Grantor" hereinafter), a Home
Rule Municipal Corporation incorporated under the laws of the State of Texas, and BRAZOS
VALLEY COMMUNITY ACTION AGENCY, INC. ("Agency" and/or "Grantee" hereinafter), a
Texas non-profit corporation.
WHEREAS, the City has the objective of providing for the development of low- to moderate-
income housing for citizens of the City through its Economic and Community Development
Department;
WHEREAS, the Agency, through its express purposes as set forth in its corporate bylaws, shares
this common goal with the City as a Department of Housing and Urban Development (“HUD”
hereinafter) approved Community Housing Development Organization;
WHEREAS, the City has previously acquired certain real property ("Land" hereinafter, further
identified herein below) by means other than condemnation;
WHEREAS, the Agency has requested that the City convey said Land to the Agency to facilitate
their mutual objective of providing for the development of adequate, decent, safe, and sanitary
low-to-moderate-income housing for the City’s citizens;
WHEREAS, the City has determined that transfer of the Land to the Agency will facilitate
development of the Land into low-to-moderate-income housing and thereby serves a valid public
purpose;
WHEREAS, the City has determined that the Agency is qualified to receive real property
conveyance(s) pursuant to Local Government Code §272.001(g), Local Government Code
§253.011, and applicable Department of Housing and Urban Development regulations; and
WHEREAS, the City has determined that it is appropriate to convey title of the Land to the
Agency to facilitate the development of adequate, decent, safe, and sanitary low- to moderate-
income housing for the City’s citizens;
NOW, THEREFORE, the City and the Agency for and in consideration of the covenants
and promises as set forth herein, do agree as follows:
29
Page 2 of 7
Contract No.: ______
TERMS AND CONDITIONS:
Article I – Conveyance(s)
1. For the consideration of ten dollars ($10) and the further covenants and promises
contained herein, the City shall provide to the Agency a Special Warranty Deed conveying the
following real property for the purposes described herein:
1.1. 6810 Appomattox, College Station, Texas, being more particularly described by
its legal description as follows:
Lot Sixty Nine (69), Block One (1), Phase Four (4), HORSE HAVEN
ESTATES neighborhood, an addition to the City of College Station,
Texas, according to plat recorded in Volume 8976, Page 266 of the Deed
records of Brazos County, Texas.
Being the same property described in General Warranty Deed dated June
25, 2010, executed by TDG Management, L.P. to City of College Station,
Texas, recorded in Volume 9701, Page 136, of the Official Records of
Brazos County, Texas.
Said tract(s) collectively referred to as the “Land” hereinafter.
2. The Agency acknowledges and agrees that said Special Warranty Deed shall contain the
following reservations and/or exceptions, among others as may be deemed appropriate in the sole
discretion of the City, from and to conveyance and warranty of the particular tract listed above:
2.1. This conveyance is conditioned on the construction of the dwelling beginning no
later than June 24, 2011.
2.2 This conveyance is conditioned on the construction of a dwelling meeting the
specifications in paragraph 4.2 of this agreement, and HUD approved
requirements on the property within eighteen (18) months from date of this deed.
If GRANTEE does not complete construction of such dwelling in the time period
allotted, GRANTOR shall have an automatic reversion of GRANTOR’s interest.
It is further conditioned on and Agency agrees that such dwelling shall provide
low- to moderate-income housing and thereby serves a valid public purpose.
2.3 The Agency shall facilitate development of the land into low- to moderate-income
housing. If the Agency at any time fails to use the property for development of
low-to-moderate-income housing, ownership of the property automatically reverts
to the City.
30
Page 3 of 7
Contract No.: ______
3. The Agency agrees that any subsequent conveyance of the Land or any portion thereof by
the Agency shall be by Special Warranty Deed, to provide housing for a low-to-moderate-
income family.
Article II – Construction of Dwelling Unit(s)
4. The Agency agrees to the following terms and conditions regarding construction of
dwelling unit(s) on each tract of land described herein:
4.1. The Agency, having previously inspected the property to determine the feasibility
of low- to moderate-income dwelling development, will accept the conveyance of
the property and shall complete the construction of the dwelling unit not later
than September 11, 2012. Failure to complete construction by the stated date
shall constitute grounds, pursuant to this Contract, for the City to exercise its
reversionary interest in the tract of land.
4.2 The City’s Economic and Community Development Department shall have final
approval of design for the project. Constructed dwelling unit(s) shall have a fully
bricked exterior and a garage. Agency shall submit final plans and specifications
to the City’s Economic and Community Development Department, and shall
comply with all other applicable City of College Station ordinances prior to
commencement of construction, or the City may terminate this agreement.
Article III – Property Maintenance
5. As part of the consideration for the conveyance described above, the Agency agrees to
comply with all of the following terms in reference to the Land and the contemplated dwelling
(the Property) for so long as the Agency holds title to the Land:
5.1. The Property must be constructed and maintained to meet all applicable City code
requirements;
5.2. All debris on the Property, both during and after construction, must be regularly
collected in a neat and orderly manner and properly disposed;
5.3. All vegetation on the Property, including any lawn, turf, shrubs, bushes, and trees,
must be maintained and trimmed on a regular basis;
5.4. The interior of the dwelling shall be kept in a clean and sanitary living condition;
Article IV – Records and Reports
6. The Agency shall submit activity reports during construction to the City as may be
required in writing by the City. The format of such reports shall, at a minimum, consist of a
31
Page 4 of 7
Contract No.: ______
narrative summary of activities and an activity report that describes the client(s) served by the
Agency through the Land conveyance under this Contract. The Agency will maintain supporting
back-up documentation regarding all reports and make such available to the City upon request.
Final activity report(s) and reimbursement request(s), including documentation, shall be
submitted to the City within thirty (30) days following the sale of the property. Such final
report(s) shall include information on the following: racial and ethnic identification; household
income information as to whether low- or moderate-income (as stipulated by HUD regulations);
head of household status; and city of residence status.
Article V – Administrative Requirements
7. The Agency further agrees to comply with all the terms and conditions contained in the
City's Community Development Administrative Guidelines and the Deed referenced in
paragraph 1, et seq., herein.
8. The Agency further agrees to comply with all applicable local, State, and Federal laws,
ordinances, and regulations, including but not limited to HUD requirements and the following:
8.1. For any property rehabilitated under this Contract that lies within the 100 year
flood plain, the Agency agrees to purchase Federal Flood Insurance as required under the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4001 et. Seq.
8.2. The Agency agrees to comply with the policies and procedures relating to
removal and non-use of lead-based paints in accordance with the Lead-Based Paint
Poisoning Prevention Act, 42 U.S.C. § 4822, and the implementing regulations at 24
C.F.R. § 35.
8.3. The Agency agrees to comply with the provisions of 24 C.F.R. § 24 relating to the
employment, engagement of services, awarding of contracts, or funding of any
contractors or subcontractors during any period of debarment, suspension, or placement
on ineligibility status.
Article VI – General Provisions
9. The City and the Agency attest that, to the best of their knowledge, no member of the
City of College Station City Council and no other officer, employee or agent of the City, who
exercises any function or responsibility in connection with the carrying out of this Contract, has
any personal interest, direct or indirect, in this Contract.
10. The Agency certifies that it will not limit services or give preference to any person
assisted through this Contract on the basis of race, color, religion, sex, national origin, familial
status, or disability.
32
Page 5 of 7
Contract No.: ______
11. The parties to this Contract agree and understand that the Agency is an independent
contractor and not an agent or representative of the City, that the obligation to compensate
Agency’s employees and personnel furnished or used by the Agency to provide the services
specified herein shall be the sole responsibility of the Agency, and that said employees and
personnel shall not be deemed employees of the City for any purpose.
12. No amendment to this Contract shall be effective and binding unless and until it is
reduced to writing and signed by duly authorized representatives of both parties.
13. This Contract has been made under and shall be governed by the laws of the State of
Texas.
14. Performance and all matters related thereto shall be in Brazos County, Texas, United
States of America.
15. Each party has the full power and authority to enter into and perform this Contract, and
the person signing this Contract on behalf of each party has been properly authorized and
empowered to enter into this Contract. The persons executing this Contract hereby represent that
they have authorization to sign on behalf of their respective organizations.
16. Failure of any party, at any time, to enforce a provision of this Contract, shall in no way
constitute a waiver of that provision, nor in any way affect the validity of this Contract, any part
hereof, or the right of either party thereafter to enforce each and every provision hereof. No term
of this Contract shall be deemed waived or breach excused unless the waiver shall be in writing
and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a
breach will not constitute consent to or waiver of or excuse of any other different or subsequent
breach.
17. The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Contract.
18. This Contract and the rights and obligations contained herein may not be assigned by any
party without the prior written approval of the other parties to this Contract.
19. It is understood and agreed that this Contract may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
20. If any provision of this Contract shall be held to be invalid, illegal, or unenforceable by a
court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties shall use
their best efforts to replace the respective provision or provisions of this Contract with legal
terms and conditions approximating the original intent of the parties.
33
Page 6 of 7
Contract No.: ______
21. It is understood that this Contract contains the entire agreement between the parties and
supercedes any and all prior agreements, arrangements, or understandings between the parties
relating to the subject matter. No oral understandings, statements, promises, or inducements
contrary to the terms of this Contract exist. This Contract cannot be changed or terminated
orally. No verbal agreement or conversation with any officer, agent, or employee of any party
before or after the execution of this Contract shall affect or modify any of the terms or
obligations hereunder.
22. Unless otherwise specified, written notice shall be deemed to have been duly served if
delivered in person or sent by certified mail to the last business address as listed herein. Each
party has the right to change its business address by giving at least thirty (30) days advance
written notice of the change to the other party. Written notices shall be delivered as follows
unless otherwise notified by either party:
Agency: City:
Attn: Attn: David Gwin
Brazos Valley Community Action Agency, Inc. Economic and Community
1500 University Drive East, Suite 100 Development Department
College Station, Texas 77840 City of College Station
1207 Texas Avenue
P.O. Box 9960
College Station, Texas 77842
23. Headings provided herein are for convenience only and in no manner limit or effect the
provisions contained herein.
EXECUTED this of , 2011.
CITY OF COLLEGE STATION BRAZOS VALLEY COMMUNITY
ACTION AGENCY, INC.
By: By:
David Neeley, City Manager
Printed Name:
Title:
34
Page 7 of 7
Contract No.: ______
APPROVED:
City Attorney Dated
Chief Financial Officer Dated
Director of Economic & Community Development Dated
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of , 2011,
by David Neeley, as City Manager of the City of College Station, Texas, Texas Home Rule
Municipality, on behalf of said municipality.
___________________________________
Notary Public in and for the State of Texas
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of , 2011,
by , as _____________ of BRAZOS VALLEY COMMUNITY
ACTION AGENCY, INC., a Texas non-profit organization, on behalf of said organization.
___________________________________
Notary Public in and for the State of Texas
35
Attachment 3 – Location Map – 6810 Appomattox
36
June 9, 2011
Consent Agenda Item No. 2d
Conveyance of 1123 Phoenix to Bryan/College Station Habitat for Humanity
To: David Neeley, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, possible action, and discussion regarding a Resolution approving a
conveyance agreement to transfer ownership of 1123 Phoenix, a vacant property, to Bryan/College
Station Habitat for Humanity.
Relationship to Strategic Goals: Goal I.1 Spending taxpayer money efficiently and Goal III.12 Housing
affordability
Recommendation(s): Staff recommends approval for the Mayor to sign the resolution and deed
conveying this property to Bryan/College Station Habitat for Humanity for the construction of one unit of
affordable housing.
Summary: The subject property was acquired by the City for the New Construction Program to provide
affordable home-ownership opportunities to low- and moderate-income homebuyers. On October 14,
2010, Council directed ECD staff to retire the New Construction Program and to more actively work with
area nonprofit partners to carry out the City’s affordable housing goals.
Bryan/College Station Habitat for Humanity has partnered with the City of College Station for over 20
years to build affordable housing. Since 1991, Habitat for Humanity has built twenty-two homes in
College Station; eighteen of these lots were conveyed by the City of College Station. The conveyance of
1123 Phoenix will allow Bryan/College Station Habitat for Humanity to continue to develop new,
affordable homes available to low- and moderate-income homebuyers. The transfer of this lot will also
facilitate the timely expenditure of the City’s HOME funds as the City will require and fund an upgraded
product with brick and garage.
Budget & Financial Summary: Community Development Block Grant (CDBG) funds in the amount of
$29,978.00 were used to acquire this property in August 2007 and $6,800 were used to demolish the
existing, vacant, substandard structure in October 2007. HOME Investment Partnership Grant funds will
be used as a deferred, zero percent interest loan for the cost of upgrading the product with brick and
garage.
Attachments:
Attachment 1 - Resolution
Attachment 2 - Real Estate Contract
Attachment 3 - Location Map
Attachment 4 - Letter of Request from Habitat for Humanity
37
RESOLUTION NO.___________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING THE REAL ESTATE CONTRACT WITH BRYAN/COLLEGE
STATION HABITAT FOR HUMNAITY, INC.
WHEREAS, the City of College Station, Texas (“City” hereinafter) has the objective of
providing for the development of low- and moderate-income housing for citizens of the City
through its Economic and Community Development Department;
WHEREAS, Bryan/College Station Habitat for Humanity, Inc., through its Methods of
Operation as set forth in its Affiliate Covenant agreement between the local affiliate and Habitat
for Humanity International, shares this common goal with the City;
WHEREAS, the City has previously acquired real property, Lot Sixteen (16), Block Three (3),
McCulloch’s Subdivision (1123 Phoenix), an addition to the City of College Station, Brazos
County, Texas ("Land" hereinafter) by means other than condemnation;
WHEREAS, Bryan/College Station Habitat for Humanity, Inc., a non-profit corporation, has
requested that the City convey this property to facilitate each entity’s mutual objective of
providing for the development of adequate, decent, safe, and sanitary low-to-moderate income
housing for the City's citizens;
WHEREAS, the City has determined that the transfer of the Land to the Bryan/College Station
Habitat for Humanity, Inc. will facilitate development of the Land into low-to moderate-income
housing and thereby serves a valid public purpose; and
WHEREAS, the City has determined that the Brazos Valley Community Action Agency, Inc. is
qualified to receive real property conveyances pursuant to LOCAL GOVERNMENT CODE
§272.001(g), §253.011, and applicable Department of Housing and Urban Development
Regulations, 24 CFR 570.201 (a) & (b); now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that the City is authorized to convey land to
Bryan/College Station Habitat for Humanity, Inc., a non-profit corporation, for the
development of low- to moderate-income housing.
PART 2: That the City Council hereby approves the Real Property Conveyance Agreement
with Bryan/College Station Habitat for Humanity, Inc. to convey Lot 16, Block 3,
McCulloch’s Subdivision (1123 Phoenix).
PART 3: That the City Manager is hereby authorized to execute the Real Estate contract upon
passage.
38
RESOLUTION NO. __________________________ Page 2
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this day of , A.D. 2011.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
City Attorney
39
Page 1 of 7
Contract No.: ______
City Of College Station
Real Estate Contract
with
Bryan/College Station Habitat for Humanity, Inc.
This contract is made and entered into on this the ____ day of ________, 2011, by and
between the CITY OF COLLEGE STATION ("City" and/or "Grantor" hereinafter), a Home
Rule Municipal Corporation incorporated under the laws of the State of Texas, and
BRYAN/COLLEGE STATION HABITAT FOR HUMANITY, INC. ("Agency" and/or
"Grantee" hereinafter), a Texas non-profit corporation.
WHEREAS, the City has the objective of providing for the development of low- to moderate-
income housing for citizens of the City through its Economic and Community Development
Department;
WHEREAS, the Agency, through its Methods of Operation set forth in a separate agreement
("Affiliate Covenant") between the Agency and Habitat for Humanity International, shares this
common goal with the City;
WHEREAS, the City has previously acquired certain real property ("Land" hereinafter, further
identified herein below) by means other than condemnation;
WHEREAS, the Agency has requested that the City convey said Land to the Agency to facilitate
their mutual objective of providing for the development of adequate, decent, safe, and sanitary
low-to-moderate-income housing for the City’s citizens;
WHEREAS, the City has determined that transfer of the Land to the Agency will facilitate
development of the Land into low-to-moderate-income housing and thereby serves a valid public
purpose;
WHEREAS, the City has determined that the Agency is qualified to receive real property
conveyance(s) pursuant to Local Government Code §272.001(g), Local Government Code
§253.011, and applicable Department of Housing and Urban Development regulations; and
WHEREAS, the City has determined that it is appropriate to convey title of the Land to the
Agency to facilitate the development of adequate, decent, safe, and sanitary low- to moderate-
income housing for the City’s citizens;
NOW, THEREFORE, the City and the Agency for and in consideration of the covenants
and promises as set forth herein, do agree as follows:
40
Page 2 of 7
Contract No.: ______
TERMS AND CONDITIONS:
Article I – Conveyance(s)
1. For the consideration of ten dollars ($10) and the further covenants and promises
contained herein, the City shall provide to the Agency a Special Warranty Deed conveying the
following real property for the purposes described herein:
1.1. 1123 Phoenix, College Station, Texas, herein referred to as the “Land”, being
more particularly described by its legal description as follows:
Lot Sixteen (16), Block Three (3), McCulloch’s Subdivision City of
College Station, Texas, according to plat recorded in Volume 122, Page
91, of the Official Records of Brazos County, Texas.
2. The Agency acknowledges and agrees that said Special Warranty Deed shall contain the
following reservations and/or exceptions, among others as may be deemed appropriate in the sole
discretion of the City, from and to conveyance and warranty of the particular tract listed above:
2.1 This conveyance is conditioned on the construction of a dwelling meeting the
specifications in paragraph 4.2 of this agreement, and HUD approved
requirements on the property within eighteen (18) months from date of this deed.
If GRANTEE does not complete construction of such dwelling in the time period
allotted, GRANTOR shall have an automatic reversion of GRANTOR’s interest.
It is further conditioned on and Agency agrees that such dwelling shall provide
low- to moderate-income housing and thereby serves a valid public purpose.
2.2 The Agency shall facilitate development of the land into low- to moderate-
income housing. If the Agency at any time fails to use the property for
development of low- to moderate-income housing, ownership of the property
automatically reverts to the City.
3. The Agency agrees that any subsequent conveyance of the Land or any portion thereof by
the Agency shall be by Special Warranty Deed, to provide housing for a low-to-moderate-
income family.
Article II – Construction of Dwelling Unit(s)
4. The Agency agrees to the following terms and conditions regarding construction of
dwelling unit(s) on each tract of land described herein:
4.1. The Agency, having previously inspected the property to determine the feasibility
of low- to moderate-income dwelling development, will accept the conveyance of
the property and shall complete the construction of the dwelling unit not later
than October 14, 2012. Failure to complete construction by the stated date
41
Page 3 of 7
Contract No.: ______
shall constitute grounds, pursuant to this Contract, for the City to exercise its
reversionary interest in the tract of land.
4.2 The City’s Economic and Community Development Department shall have final
approval of design for the project. Constructed dwelling unit(s) shall have a
minimum of 25% brick veneer, with the remainder being fiber-cement siding and
a garage. Agency shall submit final plans and specifications to the City’s
Economic and Community Development Department, and shall comply with all
other applicable City of College Station ordinances prior to commencement of
construction, or the City may terminate this agreement.
Article III – Property Maintenance
5. As part of the consideration for the conveyance described above, the Agency agrees to
comply with all of the following terms in reference to the Land and the contemplated dwelling
(the Property) for so long as the Agency holds title to the Land:
5.1. The Property must be constructed and maintained to meet all applicable City code
requirements;
5.2. All debris on the Property, both during and after construction, must be regularly
collected in a neat and orderly manner and properly disposed;
5.3. All vegetation on the Property, including any lawn, turf, shrubs, bushes, and trees,
must be maintained and trimmed on a regular basis;
5.4. The interior of the dwelling shall be kept in a clean and sanitary living condition;
Article IV – Records and Reports
6. The Agency shall submit activity reports during construction to the City as may be
required in writing by the City. The format of such reports shall, at a minimum, consist of a
narrative summary of activities and an activity report that describes the client(s) served by the
Agency through the Land conveyance under this Contract. The Agency will maintain supporting
back-up documentation regarding all reports and make such available to the City upon request.
Final activity report(s) and reimbursement request(s), including documentation, shall be
submitted to the City within thirty (30) days following the sale of the property. Such final
report(s) shall include information on the following: racial and ethnic identification; household
income information as to whether low- or moderate-income (as stipulated by HUD regulations);
head of household status; and city of residence status.
42
Page 4 of 7
Contract No.: ______
Article V – Administrative Requirements
7. The Agency further agrees to comply with all the terms and conditions contained in the
City's Community Development Administrative Guidelines and the Deed referenced in
paragraph 1, et seq., herein.
8. The Agency further agrees to comply with all applicable local, State, and Federal laws,
ordinances, and regulations, including but not limited to HUD requirements and the following:
8.1. For any property rehabilitated under this Contract that lies within the 100 year
flood plain, the Agency agrees to purchase Federal Flood Insurance as required under the
Flood Disaster Protection Act of 1973, 42 U.S.C. 4001 et. Seq.
8.2. The Agency agrees to comply with the policies and procedures relating to
removal and non-use of lead-based paints in accordance with the Lead-Based Paint
Poisoning Prevention Act, 42 U.S.C. § 4822, and the implementing regulations at 24
C.F.R. § 35.
8.3. The Agency agrees to comply with the provisions of 24 C.F.R. § 24 relating to the
employment, engagement of services, awarding of contracts, or funding of any
contractors or subcontractors during any period of debarment, suspension, or placement
on ineligibility status.
Article VI – General Provisions
9. The City and the Agency attest that, to the best of their knowledge, no member of the
City of College Station City Council and no other officer, employee or agent of the City, who
exercises any function or responsibility in connection with the carrying out of this Contract, has
any personal interest, direct or indirect, in this Contract.
10. The Agency certifies that it will not limit services or give preference to any person
assisted through this Contract on the basis of race, color, religion, sex, national origin, familial
status, or disability.
11. The parties to this Contract agree and understand that the Agency is an independent
contractor and not an agent or representative of the City, that the obligation to compensate
Agency’s employees and personnel furnished or used by the Agency to provide the services
specified herein shall be the sole responsibility of the Agency, and that said employees and
personnel shall not be deemed employees of the City for any purpose.
12. No amendment to this Contract shall be effective and binding unless and until it is
reduced to writing and signed by duly authorized representatives of both parties.
13. This Contract has been made under and shall be governed by the laws of the State of
Texas.
43
Page 5 of 7
Contract No.: ______
14. Performance and all matters related thereto shall be in Brazos County, Texas, United
States of America.
15. Each party has the full power and authority to enter into and perform this Contract, and
the person signing this Contract on behalf of each party has been properly authorized and
empowered to enter into this Contract. The persons executing this Contract hereby represent that
they have authorization to sign on behalf of their respective organizations.
16. Failure of any party, at any time, to enforce a provision of this Contract, shall in no way
constitute a waiver of that provision, nor in any way affect the validity of this Contract, any part
hereof, or the right of either party thereafter to enforce each and every provision hereof. No term
of this Contract shall be deemed waived or breach excused unless the waiver shall be in writing
and signed by the party claimed to have waived. Furthermore, any consent to or waiver of a
breach will not constitute consent to or waiver of or excuse of any other different or subsequent
breach.
17. The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Contract.
18. This Contract and the rights and obligations contained herein may not be assigned by any
party without the prior written approval of the other parties to this Contract.
19. It is understood and agreed that this Contract may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
20. If any provision of this Contract shall be held to be invalid, illegal, or unenforceable by a
court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties shall use
their best efforts to replace the respective provision or provisions of this Contract with legal
terms and conditions approximating the original intent of the parties.
21. It is understood that this Contract contains the entire agreement between the parties and
supercedes any and all prior agreements, arrangements, or understandings between the parties
relating to the subject matter. No oral understandings, statements, promises, or inducements
contrary to the terms of this Contract exist. This Contract cannot be changed or terminated
orally. No verbal agreement or conversation with any officer, agent, or employee of any party
before or after the execution of this Contract shall affect or modify any of the terms or
obligations hereunder.
22. Unless otherwise specified, written notice shall be deemed to have been duly served if
delivered in person or sent by certified mail to the last business address as listed herein. Each
party has the right to change its business address by giving at least thirty (30) days advance
written notice of the change to the other party. Written notices shall be delivered as follows
unless otherwise notified by either party:
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Page 6 of 7
Contract No.: ______
Agency: City:
Attn: Attn: David Gwin
Bryan/College Station Habitat for Humanity, Inc. Economic and Community
119 Lake Street Development Department
Bryan, Texas 77801 City of College Station
1207 Texas Avenue
P.O. Box 9960
College Station, Texas 77842
23. Headings provided herein are for convenience only and in no manner limit or effect the
provisions contained herein.
EXECUTED this of , 2011.
CITY OF COLLEGE STATION BRYAN/COLLEGE STATION HABITAT
FOR HUMANITY, INC.
By: By:
David Neeley, City Manager
Printed Name:
Title:
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Page 7 of 7
Contract No.: ______
APPROVED:
City Attorney Dated
Chief Financial Officer Dated
Director of Economic & Community Development Dated
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of , 2011,
by David Neeley, as City Manager of the City of College Station, Texas, Texas Home Rule
Municipality, on behalf of said municipality.
___________________________________
Notary Public in and for the State of Texas
STATE OF TEXAS §
§ ACKNOWLEDGMENT
COUNTY OF BRAZOS §
This instrument was acknowledged before me on the day of , 2011,
by , as _____________ of BRYAN/COLLEGE STATION HABITAT
FOR HUMANITY, INC., a Texas non-profit organization, on behalf of said organization.
___________________________________
Notary Public in and for the State of Texas
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Attachment 3: Project Location Map - 1123 Phoenix Street 1123DE
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B"m$eei;ion
for Humanity"
Building
houses,
building
hope
May 11,2011
Mr. David Gwin
Director of Economic and Community Development
City of College Station
1207 Texas Avenue
College Station, Texas 77840
Dear Mr. Gwin,
I write on behalf of the Board of Directors of Bryan/College Station Habitat for Humanity to request the
donation of a lot at 1123 Phoenix Street in College Station, for the construction of a simple, affordable
home for a local family in need.
The donation of this lot will allow local volunteers to build the home for a low-income family that
currently lives in substandard housing. Funds and labor for construction will be provided by donors
from the community.
We appreciate all that the City of college Station has done for its citizens, especially for the low-income
families we serve, and we look forward to partnering with you on this endeavor.
Thanks again for your consideration of this matter.
Sincerel B Peter Witt
Board President
Interim Executive Dir.ector
119 Lake Street
Bryan, TX 77801
(979) 823-7200
fax (979) 775-7412
www.habitatbcs.org
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June 9, 2011
Consent Agenda Item No. 2e
Debt Reimbursement Resolution for
Electric Utility Capital Projects
To: David Neeley, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
“Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from
Debt” for expenditures related to Electric Utility Capital projects.
Recommendation(s): Staff recommends approval of the “Resolution Declaring
Intention to Reimburse Certain Expenditures with Proceeds from Debt”.
Summary: On capital projects for which spending will occur in advance of the debt issue,
a “Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from
Debt” must be approved by Council. This “Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt” is being brought to Council to cover
expenditures for electric system capital projects on which spending is estimated to occur in
advance of the debt issue scheduled for FY11 and FY12.
These electric capital projects include: General plant projects, overhead system
improvement projects, underground system improvement projects, new services and
system extension projects, residential street lighting projects, thoroughfare street lighting
projects, distribution projects and transmission projects.
Budget & Financial Summary: The “Resolution Declaring Intention to Reimburse
Certain Expenditures with Proceeds from Debt” is necessary for this item because not all of
the long term debt has been issued for these projects. The debt that this resolution is
intended to cover is estimated to be issued in FY11 and FY12.
Attachments:
1. Resolution Declaring Intention to Reimburse Certain Expenditures with
Proceeds from Debt
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June 9, 2011
Consent Agenda Item No. 2f
Lincoln Avenue Sidewalk Project No. ST-0910
Resolution Determining Need
for Easement Acquisition
To: David Neeley, City Manager
From: Chuck Gilman, PE, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
Resolution that will authorize City staff to negotiate for the purchase of public access
easements needed for the Lincoln Avenue Sidewalk Project.
Relationship to Strategic Goals: Improving Multi Modal Transportation.
Recommendation(s): Staff recommends Council approval of the Resolution.
Summary: Included in the 2008 Bond Authorization was a project for the construction of
new sidewalks. This project was identified by Staff as a high priority because it provides
access, improves connectivity and increases pedestrian safety to key destinations, including
Texas A&M University.
The City is planning to construct a six foot (6’) wide sidewalk along the northwest side of
Lincoln Avenue. The sidewalk will extend from just west of Avenue A (near Best Buy),
toward the northeast, terminating near Munson Avenue.
Approval of the Resolution will authorize staff to negotiate for the purchase of seven (7)
easements necessary to complete the project. Surveying and design have been completed
and most of the right of way is already in place.
Budget & Financial Summary: Funds in the amount of $149,167 are currently budgeted
for this project. $31,398 has been expended or committed to date, leaving a balance of
$117,769 for land acquisition, construction and related expenses. It is estimated that an
additional $100,000 will be needed for completion of this project and it is anticipated that
this budget will come from sidewalk funds authorized as part of the 2008 General Obligation
Bond authorization.
Attachments: 1. Project Map
2. Resolution Determining Need
3. Exhibit “A” to Resolution – Right-of-Way Map, Field Notes and
Survey Plats
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University DrLincoln AvTarrow St
Francis DrEisenhower St
Nimitz St
Ashburn Av
Munson Av
Williams StAsh StRose CrPuryear Dr
Walton DrPoplar StTurner St
Avenue ALive Oak StPeyton StHarrington Av
Macarthur St Rose CrLincoln Avenue Sidewalk Project Map
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June 9, 2011
Consent Agenda Item No. 2g
Hot Mix Asphalt Price Agreement
To: David Neeley, City Manager
From: Chuck Gilman, P.E., Public Works Director
Agenda Caption: Presentation, possible action, and discussion regarding award of
bid #11-69 to Knife River to provide a six month agreement for the purchase of Type
D Hot Mix Asphalt for the maintenance of streets in an amount not to exceed
$600,000 ($60.00 per ton).
Relationship to Strategic Goals: Financially Sustainable City Providing Response
to Core Services and Infrastructure
Recommendation(s): Staff recommends approval of the bid award to Knife River
for a six month period in the amount of $60.00 per ton.
Summary: Knife River submitted the only bid for a price agreement to provide
Type D Hot Mix Asphalt for the maintenance of streets in the City. The bid was for
the purchase of hot mix asphalt to be picked up at the production plant. Due to the
rising petroleum prices the bid was requested as both an annual agreement and an
alternate six month agreement. Knife River offered a bid for an annual agreement in
the amount of $62.00 per ton. They also offered an alternate bid for a six month
agreement in the amount of $60.00 per ton. Staff recommends that the six month
agreement be accepted for the amount of $60.00 per ton. After six months the City
and Knife River may renew this agreement for an additional six months or the City
may invite another bid for this product. The City of Bryan also participated in this
bidding process. The contract supports maintenance operations in the Street
Maintenance Division. HMAC-Type D is the primary material used in the repair of
asphalt pavement streets. It is used in both the asphalt base failure repair
operations and by the crew of the Bergkamp pothole repair truck. The material
needs to be purchased within a 40 mile radius of the City to maintain the optimum
temperature of the mix and the proper chemical makeup.
Budget & Financial Summary: This price represents a 28% increase from last
year due to the increase in petroleum prices. Funding is available in the operating
budget of the Street Maintenance Division.
Attachments: Tabulation of Bid 11-69
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City of College Station - Purchasing Department
Bid Tabulation for #11-69
"Annual Type D Hot Mix Pick Up by City Crews"
Joint Bid with City of Bryan
Open Date: May 10, 2011 @ 2:00 p.m.
ITEM QTY UNIT DESCRIPTION
UNIT
COST
TOTAL
PRICE
1 20000 tons Type D Asphalt Picked Up by City Crews $62.00 $1,240,000.00
ITEM QTY UNIT DESCRIPTION
UNIT
COST
TOTAL
PRICE
1 2500 tons Type D Asphalt Picked Up by City Crews $62.00 $155,000.00
ITEM QTY UNIT DESCRIPTION
UNIT
COST
TOTAL
PRICE
1 10000 tons Type D Asphalt Picked Up by City Crews $60.00 $600,000.00
ITEM QTY UNIT DESCRIPTION
UNIT
COST
TOTAL
PRICE
1 1250 tons Type D Asphalt Picked Up by City Crews $60.00 $75,000.00
Emergency requests after 6:00pm price per event $750.00
$600,000.00
Semi-Annual Estimates - City of Bryan
GRAND TOTAL $75,000.00
Semi-Annual Estimates - City of College Station
0%
Annual Estimates - City of College Station
Prompt Payment Discount
Certification from bid package
GRAND TOTAL
Knife River
Delivery Date (calendar days)
$1,240,000.00
5 days as required
GRAND TOTAL $155,000.00
Annual Estimates - City of Bryan
GRAND TOTAL
Page 1 of 193
June 9, 2011
Consent Agenda Item No. 2h
Medical Waste Hauling Franchise
with Stericycle, Inc.
To: David Neeley, City Manager
From: Jason Stuebe, Assistant to the City Manager
Agenda Caption: Presentation, possible action and discussion on the second reading of a
non-exclusive franchise agreement with Stericycle, Inc. for the purpose of collecting and
disposing treated and untreated medical waste from various health care related facilities.
Recommendation(s): Staff recommends approval.
Summary: Section 120 of the City Charter states that “The City of College Station shall
have the power by ordinance to grant any franchise or right mentioned in the preceding
sections hereof, which ordinance, however, shall not be passed finally until it shall have
been read at three (3) separate regular meetings of the City Council.”
This proposed non-exclusive five (5) year franchise agreement allows for the collection,
hauling, and disposal of treated and untreated medical waste from various health care
facilities within the city limits. The disposal of medical waste, a State mandated service,
was privatized in 2005 because untreated medical waste cannot be depositing in any
BVSWMA landfill. Staff maintains that continuing this practice is the most cost-effective
way to offer this service to our community.
The Council unanimously approved a five (5) year agreement with BCS Stop ‘N Go Potties in
August 2005 that has since expired.
Budget & Financial Summary: The franchisee agrees and shall pay to the City five
percent (5%) of the franchisee’s monthly gross delivery and hauling revenues generated
from the collection services provided for in the Franchise Agreement.
Attachments:
1. Franchise Ordinance is on file with the City Secretary
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June 9, 2011
Consent Agenda Item No. 2i
Demolition and Construction Debris Franchise Agreement
with BCS Stop ‘N Go Potties
To: David Neeley, City Manager
From: Jason Stuebe, Assistant to the City Manager
Agenda Caption: Presentation, possible action and discussion on the second reading of a
non-exclusive franchise agreement with CCA, LLC d/b/a BCS Stop ‘N Go Potties for the
purpose of collecting demolition and construction debris from residential sites.
Recommendation(s): Staff recommends approval.
Summary: Section 120 of the City Charter states that “The City of College Station shall
have the power by ordinance to grant any franchise or right mentioned in the preceding
sections hereof, which ordinance, however, shall not be passed finally until it shall have
been read at three (3) separate regular meetings of the City Council.”
This proposed non-exclusive five (5) year franchise agreement allows for the collection,
hauling and disposal services for residential construction debris generated within the
corporate limits of the City of College Station in a solid waste industry containers.
The Council unanimously approved a five (5) year agreement with BCS Stop ‘N Go Potties in
June 2005 that has since expired.
Budget & Financial Summary: The franchisee agrees and shall pay to the City five
percent (5%) of the franchisee’s monthly gross delivery and hauling revenues generated
from the collection services provided for in the Franchise Agreement.
Attachments:
1. Franchise Ordinance is on file with the City Secretary
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June 9, 2011
Consent Agenda Item No. 2j
COPS Hiring Recovery Program (CHRP) Grant
To: David Neeley, 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, 2011 COPS Hiring Recovery Program (CHRP)
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.
While the City of College Station applied in 2009 and 2010, the City was not selected as an
award recipient at that time.
There is no local match requirement for CHRP, 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.
CHRP 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, grantees must retain all sworn officer positions
awarded under the CHRP grant for a period of at least 12 months beyond the time the
funding expires for a given position. The retained CHRP-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.
Budget & Financial Summary:
Anticipated fiscal impacts for these positions are as follows:
FY12 - $109,366; FY13- $65,860; FY14- $65,860; after grant expiration FY15 - $457,890.
These costs are required costs for proposed positions above and beyond those costs
approved by the grant. These costs include such items as: equipment, uniforms, and
training.
Attachments:
1.) Resolution
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June 9, 2011
Regular Agenda Item No. 1
Emerald Ridge Estates – 20 ft Sanitary Sewer Easement Abandonment
To: David Neeley, City Manager
From: Bob Cowell, Director of Planning and Development Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion approving
an ordinance vacating and abandoning a 0.445 acre, 20-foot wide sanitary sewer easement,
which is located on a 0.54 and a 26.12 acre tract as described by a deed to Emerald Ridge
Estates, Ltd. recorded in Volume 8843, Page 107 & 110 of the Deed Records of Brazos
County, Texas, as well as a 4,651 square foot, 20-foot wide sanitary sewer easement, which
is located on an 18.45 acre tract as described by a deed to Emerald Ridge Estates, Ltd.
recorded in Volume 8337, Page 36 of the Deed Records of Brazos County, Texas.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: This easement abandonment accommodates future development of this
subject tract. The previously existing 21 & 24 inch sanitary sewer mains have been re-
located. There are no public or private utilities in the subject portion of easement to be
abandoned.
The 0.445 acre, 20-foot wide sanitary sewer easement, which is located on a 0.54 and a
26.12 acre tract as described by a deed to Emerald Ridge Estates, Ltd. recorded in Volume
8843, Page 107 & 110 of the Deed Records of Brazos County, Texas, as well as a 4,651
square foot, 20-foot wide sanitary sewer easement, which is located on an 18.45 acre tract
as described by a deed to Emerald Ridge Estates, Ltd. recorded in Volume 8337, Page 36 of
the Deed Records of Brazos County, Texas.
Budget & Financial Summary: N/A
Attachments:
1. Attachment 1 - Vicinity Map
2. Attachment 2 - Location Map
3. Attachment 3 - Ordinance
4. Attachment 4 - Ordinance Exhibit "A"
5. Attachment 5 - Application for Abandonment (On file with the City Secretary)
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C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance.docC:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance.doc
ORDINANCE NO. _________________
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.445 ACRE, 20-FOOT WIDE SANITARY
SEWER EASEMENT, WHICH IS LOCATED ON A 0.54 AND A 26.12 ACRE TRACT
AS DESCRIBED BY A DEED TO EMERALD RIDGE ESTATES, LTD. RECORDED
IN VOLUME 8843, PAGE 107 & 110 OF THE DEED RECORDS OF BRAZOS
COUNTY, TEXAS, AS WELL AS A 4,651 SQUARE FOOT, 20-FOOT WIDE
SANITARY SEWER EASEMENT, WHICH IS LOCATED ON AN 18.45 ACRE
TRACT AS DESCRIBED BY A DEED TO EMERALD RIDGE ESTATES, LTD.
RECORDED IN VOLUME 8337, PAGE 36 OF THE DEED RECORDS OF BRAZOS
COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a 0.445 acre, 20-foot wide sanitary sewer easement, which
is located on a 0.54 and a 26.12 acre tract as described by a deed to Emerald Ridge
Estates, Ltd. recorded in Volume 8843, Page 107 & 110 of the Deed Records of Brazos
County, Texas, as well as a 4,651 square foot, 20-foot wide sanitary sewer easement,
which is located on an 18.45 acre tract as described by a deed to Emerald Ridge Estates,
Ltd. recorded in Volume 8337, Page 36 of the Deed Records of Brazos County, Texas, as
described in Exhibit "A" attached hereto (such portion hereinafter referred to as the
“Easement”); and
WHEREAS, in order for the Easement to be vacated and abandoned by the City Council
of the City of College Station, Texas, the City Council must make certain affirmative
findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Easement
described in Exhibit "A" attached hereto and made a part of this ordinance
for all purposes.
1. Abandonment of the Easement will not result in property that does
not have access to public roadways or utilities.
2. There is no public need or use for the Easement.
3. There is no anticipated future public need or use for the Easement.
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C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance.doc
4. Abandonment of the Easement will not impact access for all public
utilities to serve current and future customers.
PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated
by the City.
ORDINANCE NO. __________________ Page 2
PASSED, ADOPTED and APPROVED this _______ day of _________________, 2011.
APPROVED:
____________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
______________________________
City Attorney
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June 9, 2011
Regular Agenda Item No. 2
Rezoning for 3100 Haupt Road
To: David Neeley, City Manager
From: Bob Cowell, AICP, CNU-A, Director of Planning & Development Services
Agenda Caption: Public Hearing, presentation, possible action, and discussion regarding an
amendment to 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 108.88
acres located at 3100 Haupt Road from A-O Agricultural Open to PDD Planned Development
District.
Recommendation(s): The Planning and Zoning Commission considered this item at their
May 5, 2011 meeting and voted 5-0 to recommend approval with conditions. Staff also
recommended approval of the request.
Summary: The Unified Development Ordinance provides the following review criteria for
zoning map amendments:
REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The Comprehensive Plan designates the
subject property as General Suburban and is located in Growth Area 5. It states that the
area between Cain Road and Rock Prairie Road should be used for General Suburban
activities, including high-density single-family lots (minimum 5,000 square feet), townhomes,
duplexes, as well as suburban or neighborhood commercial and office uses. The proposed
rezoning includes single-family detached residences, townhomes, office and commercial
uses.
2. Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood: The property is currently zoned A-O, Agricultual
Open and is generally surrounded by A-O zoned property. However, there are properties to
the south that are zoned and developed for single-family residences and townhomes. These
include The Barracks, a townhome development, as well as the Williamsgate and Buena
Vida subdivisions that are zoned R-1, Single-Family Residential.
The PDD is proposing a mix of uses that include townhomes, single-family detached
residences, retail, office and commercial uses. Townhomes and single-family detached
residences are compatible with other single-family and townhome uses and can be
compatible with retail, office and commercial uses when proper controls are utilized as
outlined in the Comprehensive Plan. The General Suburban land use designation is
generally for areas that should have an intense level of development activity that tend to
consist of high-density single-family residential lots. This area is however classified as a
growth area, which means it is a more market responsive area that will offer a greater level
of land use flexibility. For Growth Area 5, this specifically means that high-density single-
family lots, townhomes, duplexes and suburban or neighborhood commercial uses are
appropriate. While A-O uses are compatible to adjacent single-family properties, through
this PDD, additional controls are being applied that address issues related to architectural
design, size, scale, and buffering as well other specific items that are not possible under the
current zoning.
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Additional uses beyond what are currently allowed under the C-3 Neighborhood Commercial
designation are proposed with the development. These uses include a shooting range-
indoor, car wash, commercial garden/greenhouse/landscape maintenance, commercial
amusement, office and retail sales/service with storage areas being greater than 50% of the
space, and self-storage allowing the storage of equipment, materials, recreational vehicles,
or boats in buildings with at least three enclosed sides. As mentioned above, controls are in
place to address issues of design, size, scale and buffering. Additionally, a couple of the
proposed uses are presently allowed to some degree under a general C-3 Neighborhood
Commercial zoning district. This includes commercial amusement, which is allowed under a
Conditional Use Permit, and self-storage without the storage of equipment and vehicles
outside.
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 includes a mix of residential, commercial and office uses. Residential uses are capped
at a proposed density of 8.45 units per acre and will continue the type of residential
development immediately to the south of the subject property, which consists of townhomes
and single-family detached residences. Commercial uses are primarily proposed to be
located along Old Wellborn Road, which runs parallel to the existing railroad tracks. In
general, residential uses are not appropriate along the railroad tracks due to concerns over
noise.
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 currently zoned A-O Agricultural Open. In this area, the A-O district is used as a
holding zone for property that is projected in the Comprehensive Plan for conversion to
general suburban land uses at such time as the need for the uses is present and when it is
possible to adequately serve development with necessary infrastructure and public services.
While the permitted uses in A-O, including low density residential, agricultural or open space
uses, are generally compatible with residential development, not all agricultural uses may be
appropriate on the property due to its location and the level of development that has
occurred in the area. Generally, the uses permitted in the A-O district are less intense,
generate less traffic, and have lower utility demands than the proposed PDD uses.
Agricultural Open uses generally have fewer service, infrastructure and facility needs. The
property is generally suitable for A-O uses.
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: The subject
property is currently zoned A-O Agricultural Open, which limits potential development to
agricultural, low-intensity residential, or open space uses. Properties to the south have
recently developed or are in the process of being developed as single-family residences and
townhomes. Much of the remaining land in the area immediately adjacent to the subject
property is currently zoned A-O and undeveloped. For the general vicinity (between Old
Wellborn Road and Holleman Drive South) most of the properties consist of undeveloped
land or non-conforming residential and commercial uses on A-O zoned property. However,
there is approximately 43.54 acres of land that is zoned for single-family, townhome or
commercial uses. This includes the University Heights subdivision and the property
immediately south of the Las Palomas duplex development. Overall, there are 1,818 acres
of property zoned for C-1 General Commercial and C-3 Neighborhood Commercial uses
within the City, of which 191 acres are currently undeveloped.
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6. Availability of water, wastewater, storm water, and transportation facilities generally
suitable and adequate for the proposed use: The subject tract is located in Wellborn
Water’s service area. Future development of the tract will have to meet the City’s minimum
fire flow requirements. The subject tract is located adjacent to a 12-inch sanitary sewer
main which runs along the south and east property boundaries. The tract is located in the
Steeplechase Sanitary Sewer Impact Fee Area that gravity flows into the Bee Creek Trunk
Line. This respective trunk line’s sub-basin currently serves many developments along
FM2818, from areas east of Wellborn Road, to the Carters Creek Wastewater Treatment
Plant. Much of the existing trunk line was constructed in 1973 and was shown to have
several surcharging line segments in the 2011 HDR Sanitary Sewer Collection System
Master Plan Update. The City is currently in the process of initializing a capital improvement
project entitled the ‘Bee Creek Relief Line’ that will install a larger diameter gravity line to
increase the system capacity of the overall sub-basin in order to accept the ultimate build-
out demand anticipated in this respective area. This trunk line capacity increase is
necessary to proactively prevent surcharge events, possible fines from TCEQ, and customer
service disruptions. Preliminary analysis of this area has identified that the existing sanitary
sewer capacity can support the increased sanitary sewer demand from the proposed
development, however, future demands in this respective sub-basin will need to be
evaluated as development occurs.
The subject tract is in the Bee Creek Tributary “B” drainage basin. The subject tract is not
located within a FEMA regulated Special Flood Hazard Area per FEMA FIRM panel 182C.
Future development of the tract will have to meet the requirements of the City Storm Water
Design Guidelines. The subject tract is located adjacent to Old Wellborn Road (local) to the
east and Holleman Drive West (4 Lane Major Collector – Suburban Context) to the west.
Three future thoroughfares bi-sect the property: Deacon Drive (3-Lane Major Collector –
Urban Context), General Parkway (2-Lane Minor Collector – Suburban/Urban Context) & a
future un-named 2-Lane Minor Collector – Suburban/Urban Context adjacent to the school
district owned property.
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 Barracks II Subdivision is to provide a community of blended land
uses that co-exist to form a sustainable, attractive and desirable place to live and work.
This development will consist of townhomes, detached homes, commercial properties,
parks, and other amenities that target the 18-30 year old demographic population. The
Concept Plan has been developed with strong consideration given to the guidelines
outlined in the City’s Comprehensive Plan. It includes unique, innovative designs that
will serve as models for similar developments in the City.”
In accordance with this purpose statement, the Concept Plan proposes a mixture residential,
commercial and office uses. Commercial uses are proposed primarily along Old Wellborn Road,
with an additional commercial tract located at the future intersection of Deacon Drive and
Holleman Drive South. These areas will be limited to C-3 Neighborhood Commercial uses, with
additional allowed uses consisting of a shooting range –indoor, car wash, commercial
garden/greenhouse/landscaping, commercial amusement, office and retail sales/service with
storage areas being greater than 50%, and self-storage allowing equipment, materials,
recreational vehicles and boats in a building enclosed on three sides. These uses would be
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limited to commercial tracts 2, 3 and 4, which are located along Old Wellborn Road.
Additionally, commercial tract 4 is the only commercial tract where self-storage units would be
permitted. All commercial structures will be required to be in compliance with the Non-
Residential Architectural Standards as well as being compatible in size, roof type and pitch,
materials, and architecture with the surrounding residential uses. A Wake Board Ski Park is
proposed to utilize two of the three detention ponds that are necessary to serve the
development. The amenities, office and parking will be required to meet all UDO requirements
and will include an accessory food service use that is tied to the Ski Park remaining open for
business.
Residential uses consisting of single-family detached residences and townhomes are proposed
for the remainder of the site. Residential density is proposed at 8.45 dwelling units per acre. The
townhomes are proposed to be located around a 1.6 acre park at the center of the development
with an additional 2.17 acres of park land located around the perimeter of the townhomes.
Single-family detached residences are proposed to be located nearest the school district owned
property, located along Holleman Drive South that could potentially be the location of a new
school.
At time of site plan and plat, the project will need to meet all applicable standards required by
the UDO except those discussed below. 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 general suburban zoning district, the applicant and staff have
negotiated through various standards to seek to attain a general suburban style that is
appropriate for this portion of the City, while seeking to retain flexibility for both parties.
Base Zoning and Meritorious Modifications
The applicant has proposed to utilize R-1 Single-Family Residential; R-3 Townhouse; and C-3
Light Commercial as the base, underlying zoning districts for standards not identified in the
PDD. At the time of site plan and plat, the project will need to meet all applicable site,
architectural and platting standards required by the Unified Development Ordinance except
where meritorious modifications are granted with the PDD zoning. The applicant has requested
the following meritorious modifications:
1. Section 6.3 “Specific Use Standards”
The applicant has requested that the following uses be permitted within the Commercial
Tracts shown on the concept plan in addition to the uses currently allowed under the C-3
zoning district:
· Shooting Range – Indoor
· Car Wash
· Commercial garden/greenhouse/landscape maintenance
· Commercial Amusement
· Office and retail sales/services with storage areas being greater than 50% of the
space (i.e., office/warehouse with overhead doors)
· Self-storage – equipment, materials, recreational vehicles, or boats in buildings
with at least three enclosed sides
2. Section 5.2. “Residential Dimensional Standards” of the Unified Development
Ordinance
The applicant has proposed the following modified setback requirements (UDO
requirements are in parentheses):
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Use R-1 R-3
Min. Front Setback 20’ (25’) 20’ (25’)
Min. Side Setback 5’ (7.5’) 5’ (7.5’)
The applicant states that the purpose is to allow slightly larger buildings and slightly more
units within the same space, while maintaining a density that is compatible with the
Comprehensive Plan.
3. Section 6.3.Q “Specific Use Standards - Restaurant” for C-3 Zoning:
The applicant has requested an increase in the maximum allowable restaurant size to 3,500
square feet. The current UDO requirements limit restaurants to no more than 2,500 square
feet, with drive-ins and drive-thrus being prohibited in C-3 zoning districts. The applicant has
requested an increase in size to accommodate more seating and to enhance the economic
viability of a restaurant.
4. Section 5.4 “Non-Residential Dimensional Standards”
The applicant has requested that the minimum rear setback for self storage structures
adjacent to a public alley be five feet. Current UDO requirements for commercial buildings
located within a C-3 zoning district is 15 feet. The applicant’s justification is that the alley will
have a 24-foot right-of-way that provides adequate separation distance and that the rear
wall of these units will have no openings or vehicular or pedestrian traffic on that side of the
storage facility. Additionally, the intent is to utilize the rear wall of the self-storage building to
act as the buffer wall between land uses as requested in modification number 5 listed below.
5. Section 7.6 “Buffer Standards” of the Unified Development Ordinance
The applicant is requesting the ability to count the rear wall of a self-storage building that is
adjacent to an alley serving residential units as meeting the buffering requirement for
commercial uses abutting single-family uses. The wall height would be a maximum of 15
feet and consist of approved materials found in UDO Section 7.6.F.3.a “Fences and Walls”.
The applicant’s justification is that the maximum height for a buffer wall is 8-feet and that the
buffer requirements produce a 15-foot buffer yard that would be hidden from view.
6. Section 7.4 “Signs”
The applicant is requesting that Commercial Tracts 2, 3, and 4 each be permitted to erect a
freestanding sign that is no taller than 20 feet in height. Current, UDO requirements limit
signage in C-3 zoning districts to low profile signs, which are a max of 4 feet in height and
60 square feet in area. The applicant’s justification for the request is that the commercial
tracts are situated next to elevated railroad tracks and that the view to the commercial
businesses will be obstructed from view.
7. Section 8.2 “Blocks” of the Unified Development Ordinance
a) The applicant is requesting that block lengths of up to 1000 feet be permitted on
designated single-family and townhome blocks. Specifically, these blocks are noted as
SF Block 4, SF Block 9, and TH Block 7. Current UDO requirements limit block lengths
to 900 feet in areas designated as General Suburban. The applicant’s justification for the
longer block lengths is to limit the number of street connections between single-family
and townhome areas in an effort to eliminate the occurrence of townhome residents
parking in front of single-family homes. A 15-foot wide common area is proposed along
TH Block 7 to allow for future pedestrian traffic through the block.
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b) The applicant is requesting a 1250-foot block length along Deacon Drive for the Ski Park
(WBP Block 1). The Ski Park is comprised of two ponds that serve as detention areas.
Combined with the third detention area adjacent to Commercial Tract 2, these ponds are
necessary to accommodate the drainage needs for the development and are located at
the point where the natural drainage system exits the site. With the proposal to utilize
two of these ponds as a Ski Park, a long block without an intermediate break in it is
necessary.
8. Section 8.2.E.6 “Dead-End Streets” and Section 8.2.F “Alleys” of the Unified
Development Ordinance
The applicant is requesting that dead end streets in residential areas (single-family and
townhome) be allowed to extend a maximum of 100 feet in length and that the dead-end
alley adjacent to Commercial Tract 4 be allowed to extend to the property line
(approximately 110 feet). Current subdivision requirements limit dead-end streets and dead-
end alleys to 100 feet in length or the depth of one lot, whichever is less. This affects the
areas near Commercial Tract 1 and the Ski Park as the proposed lot width of the townhome
lots are 30 feet wide along the right-of-way. Additionally, the alley adjacent to Commercial
Tract 4 exceeds 100 feet in width, which is longer than the proposed townhome lot width. In
this instance it would leave a small strip of privately-owned land between the alley and the
property line. In both instances, future extension of the street/alley would be sought when
the adjoining properties developed.
9. Section 6.3.Q “Specific Use Standards – Storage (Self-Service)” of the Unified
Development Ordinance
The applicant is requesting that accessory uses of an office and living quarters be allowed in
the self-storage facility. Each of these uses would be limited to no more than 1000 square
feet in size. Additionally, the selling, renting, leasing of trucks or trailers would not be
permitted. Current UDO requirements prohibit accessory uses for self-storage businesses
located within a C-3 zoning designation. The applicant’s justification is that due to the large
concentration of townhomes, they anticipate moving to be a common occurrence and that
the need for the sale of related materials for moving and extended hours may be needed.
10. Section 7.5 “Landscaping” and Section 7.8 “Drainage and Stormwater Management”
The applicant is requesting that the landscaping requirements for the Ski Park development
be limited to the building, parking and amenity areas of the Ski Park. The ponds themselves
would be removed from the landscaping point calculations, but would still be subject to
streetscaping requirements along the rights-of-way. UDO requirements for landscaping point
calculations are based on the overall size of the site and require that detention ponds be
incorporated into the landscape design. Given that the majority of the Ski Park area is
comprised of the ponds, it would be difficult, if not impossible to meet the landscaping
requirements.
11. Section 8.2.E.4 “Adequate Street Access”
The applicant is requesting that a Remote Emergency Access be permitted to serve as a
connection to the requirement that when there are more than 30 lots to be served by
external street connections, a minimum of two connections to external paved public streets
be provided. Current UDO subdivision requirements state that the Commission may allow a
Remote Emergency Access when the development is being phased or when the constraints
of the land prevent the provision of a second street connection. The applicant is requesting
this modification in an effort to phase subsequent streets accordingly. The requirement for
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two street connections to external paved public streets would still be required when 100 or
more lots are served.
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 provides for
single-family detached residences and townhomes generally located at the core of the
property with surrounding commercial, office and retail uses located at the periphery of the
property. In specific, the commercial, office and retail uses would be located at the corner of
Holleman Drive South and future Deacon Drive extension, as well as along Old Wellborn
Road. Additionally, a Wake Board Ski Park is proposed along the northern side of the
development. Development of tracts located along the periphery of the site are proposed to
have increased aesthetic requirements, and will generally have a scale and elements /
materials similar and complementary to the existing and proposed neighborhoods.
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 Concept Plan reflects the policies, goals
and objectives of the Comprehensive Plan as it relates to land use and character,
connectivity, market flexibility and sustainability. Under the General Suburban designation
for Growth Area 5 in the Comprehensive Plan, it calls for development of general suburban
activities that can consist of single-family lots, townhomes, duplexes and suburban or
neighborhood commercial. For the commercial tracts that are to be developed on the
subject property, the proposal includes elements that complement the proposed single-
family residences and townhomes. These elements include limitations on the size/scale of
commercial buildings, pitched roofs, lot coverage consistent with surrounding residential
uses and materials that are similar and complementary to residential uses as outlined in the
Suburban Commercial designation in the Comprehensive Plan.
3. The proposal is compatible with existing or permitted uses on abutting sites and will
not adversely affect adjacent development: Abutting properties are largely vacant (to the
north and west), but are designated for future General Suburban uses that are consistent
with what is proposed for the subject property. Additionally, property to the south is
developed or being developed as single-family residences and townhomes, which is
consistent with the proposal. The proposed development includes the extension of three
thoroughfares through the property, which will help accommodate future development on the
adjacent properties.
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: Every dwelling unit has frontage on a public street and will take access via a
local street or public alley. In general, the majority of the townhomes will take access via an
alley, with the majority of the single-family detached residences taking access via a local
street. No residential dwelling takes direct access to a collector roadway.
5. The development includes provision of adequate public improvements, including, but
not limited to, parks, schools, and other public facilities: The applicant has proposed
3.79 acres of park located central to the development that will satisfy a portion of the
neighborhood parkland development requirement. Fee-in-lieu of land is proposed for the
approximate 0.38 acres of the remaining land required.
6. The development will not be detrimental to the public health, safety, welfare, or
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materially injurious to properties or improvements in the vicinity: Aside from the
requested meritorious modifications, the proposed development will be required to meet all
City requirements.
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 applicant has submitted
a Traffic Impact Analysis, as required by the Unified Development Ordinance. Site
development includes the construction of two 2-Lane Minor Collector roadways (General
Parkway and a future unnamed road) a 3-Lane Major Collector, as well as a system of local
streets and public alleys. The Collector roadways will include bike lanes and sidewalks to
facilitate bicycle and pedestrian movement through the area. In addition, sidewalks will be
provided on both sides of all public streets.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Small Area Map (SAM) & Aerial
3. Draft Planning & Zoning Commission Minutes – May 19, 2011
4. Ordinance
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BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: May 19, 2011
Advertised Council Hearing Dates: June 9, 2011
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:
Barracks at Rock Prairie Owner’s Association
Property owner notices mailed: 26
Contacts in support: None at time of staff report
Contacts in opposition: None at time of staff report
Inquiry contacts: 1
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Urban – Growth Area
5
A-O Agricultural Open Vacant
South General Suburban –
Growth Area 5
R-1 Single-Family
Residential; R-3
Townhouse; A-O
Agricultural Open
Vacant, townhomes
(The Barracks),
single-family
residences
(Williamsgate
Subdivision and future
Buena Vida
Subdivision)
East 6-lane major arterial
on Thoroughfare Plan
Old Wellborn Road,
Railroad tracks and
FM 2154
West General Suburban –
Growth Area 5, Major
Collector on
Thoroughfare Plan
A-O Agricultural Open Vacant, Holleman
Drive South
DEVELOPMENT HISTORY
Annexation: 2002
Zoning: A-O Agricultural Open upon annexation (2002)
Final Plat: Not currently platted
Site development: Vacant
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May 19, 2011 P&Z Regular Meeting Minutes Page 1 of 3
MINUTES
PLANNING & ZONING COMMISSION
Regular Meeting
May 19, 2011, 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Acting Chairman Mike Ashfield, Craig Hall, Jodi Warner,
Hugh Stearns, and Bo Miles
COMMISSIONERS ABSENT: Scott Shafer
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Jason Schubert, Matt Robinson, Lauren Hovde, Joe Guerra, Josh
Norton, Carol Cotter, Molly Hitchcock, Lance Simms, Bob Cowell, Adam Falco, and Brittany
Caldwell
1. Call meeting to order.
Acting Chairman Ashfield called the meeting to order at 7:00 p.m.
2. Hear Citizens.
None
Regular Agenda
3. Public hearing, presentation, possible action, and discussion regarding a request to rezone
108.88 acres located at 3100 Haupt Road, and more generally east of Holleman Drive
South and north of the Williamsgate and Barracks subdivisions, from A-O Agricultural
Open to PDD Planned Development District. Case # 10-00500191 (MR) (Note: Final
action on this item is scheduled for the June 9, 2011 City Council Meeting--subject
to change)
Senior Planner Robinson presented the rezoning and recommended approval.
Transportation Planning Coordinator Guerra addressed the Traffic Impact Analysis and
the transportation aspects of the development.
There was general discussion amongst the Commission regarding the concept plan.
Heath Phillips, applicant, reviewed the concept plan and the different proposed land uses.
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May 19, 2011 P&Z Regular Meeting Minutes Page 2 of 3
Kent Laza, engineer, addressed questions from Commissioner Hall regarding where
excess water from the detention ponds would go. He said that all of the flow is designed
to go out the primary outlet structure and water would not flow out onto Commercial
Tract Two.
There was general discussion amongst the Commission regarding the concept plan.
Commissioner Stearns expressed concern about not connecting to undeveloped
properties.
Wallace Phillips, 4309 Valencia, College Station, Texas, stated that the applicant was
proposing a single entrance into the student housing portion of the development because
it would help to divide the student housing from the single-family properties.
Acting Chairman Ashfield opened the public hearing.
John Barger, Trustee for Mable M. Barger Trust, expressed concern about the safety of
the water park, noise pollution, lighting pollution, and the impact on property values. He
suggested a 15-foot buffer wall with dense plantings be located along the back of the
water park. He also wanted to ensure the construction of Deacon Drive.
Acting Chairman Ashfield closed the public hearing.
There was general discussion amongst the Commission regarding the meritorious
modifications.
Commissioner Stearns motioned to recommend approval of the rezoning and the
meritorious modifications with the exception that there be one street projection to
the Turner tract. He also recommended conditions to the rezoning by proposing
that the buffer wall proposed between the Townhomes and Commercial Tract Four
be constructed of stone and construction of Deacon Drive across the length of the
College Station ISD property be constructed with Phase One. Commissioner Miles
seconded the motion, motion passed (5-0).
4. Adjourn.
Commissioner Warner motioned to adjourn the meeting. Commissioner Hall
seconded the motion, motion passed (5-0).
The meeting adjourned at 10:25 p.m.
Approved:
____________________________________
Scott Shafer, Chairman
Planning and Zoning Commission
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May 19, 2011 P&Z Regular Meeting Minutes Page 3 of 3
Attest:
____________________________________
Brittany Caldwell, Admin. Support Specialist
Planning and Development Services
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