HomeMy WebLinkAbout05/22/2008 - Regular Minutes City Council(*41
Mayor
CITY OF COLLEGE STATION Councilmembers
Ben White
John Crompton
James Massey
Dennis Maloney
Lynn McIlhaney
City Manager
Lawrence Stewart
Glenn Brown
David Ruesink
Minutes
City Council Regular Meeting
Thursday, May 22, 2008 at 7:00 pm
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor White, Council members Crompton, Massey, Maloney,
Mcllhaney, Stewart, and Ruesink
STAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., Deputy City Secretary McNutt,
Management Team
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Hear visitors.
Mayor White called the meeting to order at 7:00 p.m. Mayor White led the audience in the Pledge of
Allegiance. Council member Ruesink provided the invocation.
Hear Visitors
Emma Gaskin, 4105 Picadilly, requested Council to develop an ordinance on minors wearing helmets
while riding motorcycle, dirt bikes or ATV's.
Shirley Kim, 2500 Central Park Lane #803, CS High School student requested recycling for apartment
complexes.
Anum Chagani, 1501 Harvey Rd., CS High School student requested a Super Wal -Mart in the City of
College Station.
Christian M. Birmingham, 2508 Monitor Crt., asked parks staff to look into parks maintenance at the
Raintree Neighborhood Park.
Consent Agenda Item No. 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. Approval of minutes for City Council Workshop and Regular Meeting, May 8, 2008.
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Thursday, May 22, 2008
b.Approval of a Memorandum of Understanding regarding each party's communication capabilities
during emergencies by permitting access to the City's 800 MHz band radio communication system
and the City's paging system.
c. Approval of an amendment to the Update and Support Agreement and License Agreement with
Azteca Systems, Inc. approved by Council on December 9, 1999 which amends the covered
products, MicroPaver interface.
d. Approval of an agreement between the City and Phi -ton Investments for the development of
Eagle Avenue in the Dove Crossing development. Estimated construction cost is $800,000 funded
by certificates of obligation.
e. Approval of Resolution No. 5- 22 -08 -2e authorizing the Director of Electric Utilities to be the
signatory authority for all standard form agreement documents related to the Electric Reliability
Council of Texas (ERCOT).
f. Approval of the revisions to the City's Homebuyer Down - Payment Assistance Program
Guidelines.
g.Approval of an Interlocal Agreement between the City of College Station and City of Bryan for
On -Line Bidding Services.
h. Approval of a renewal agreement with Badger Meter, Inc. for the annual purchase of water meters
to be maintained in inventory, Bid No. 07 -74, for an annual expenditure of $131,880.00.
i. Approval of Resolution No. 5- 22 -08 -2i authorizing a License Agreement with Matthew Moore
pertaining to the encroachment of a portion of a structure located at Lot 20, Block 1, Spring
Meadows Phase 2 Subdivision, College Station, Texas, according to the plat recorded in Volume
5838, Page 177 of the Official Records of Brazos County, Texas, into easement area.
A motion was made by Council member Massey to approve Consent Agenda Items 2a thru 2i and
seconded by Council member Crompton. Council member Maloney and Stewart abstained from all
consent items. Motion carried 5 -0.
FOR: Mayor White, Crompton, Massey, McIlhaney and Ruesink
AGAINST: None
ABSTAINED: Maloney and Stewart
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action and discussion
regarding a rezoning of 130.81 acres from A -O Agricultural -Open to 38.73 acres A -OR
Agricultural -Open, Residential and 92.08 acres R -1B Single Family Residential for the property
located at 3998 Rock Prairie Road West, Generally located at Rock Prairie Road West and
Great Oaks Drive.
Bob Cowell, Director of Planning and Development Services presented the staff report on the rezoning
application of 130.81 acres from A -O Agricultural -Open to 38.73 acres A -OR Agricultural -Open,
Residential and 92.08 acres R -1B Single Family Residential for the property located at 3998 Rock
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Thursday, May 22, 2008
Prairie Road West, generally located at Rock Prairie Road West and Great Oaks Drive. Staff and
Planning and Zoning Commission recommended approval of the rezoning request.
Mayor White opened the public hearing. The applicant Steve Arden spoke in support of the project
and answered questions of Council. No one else spoke. Mayor White closed the public hearing.
A motion was made by Council member Massey to approve Ordinance No. 3074 rezoning 130.81
acres from A -O Agricultural -Open to 38.73 acres A -OR Agricultural -Open, Residential and 92.08
acres R -113 Single Family Residential for the property located at 3998 Rock Prairie Road West,
Generally located at Rock Prairie Road West and Great Oaks Drive. Motion seconded by Council
member Ruesink which carried 7 -0.
FOR: Mayor White, Crompton, Massey, Maloney, Mcllhaney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion on an
ordinance amending the Land Use Plan element of the Comprehensive Plan from Industrial /
R &D to Residential Attached for 6.2 acres located at 1250 Harvey Mitchell Parkway generally
located at the southwest corner of the intersection of Harvey Mitchell Parkway and Luther
Street West.
Introduced by Bob Cowell, Director of Planning and Development Services.
Staff Planner Jason Schubert presented the staff report. Planning and Zoning Commission
recommended approval at their May 1 St meeting by a vote of 5 -2. Staff recommended denial of the
request due to the compatibility with the remainder of the comprehensive plan.
Mayor White opened the public hearing.
The following_ persons addressed the Council.
Tim Coffey, TAMU legal counsel opposed the ordinance amendment.
Phyllis Young, 4101 S. Texas Ave. Suite B, REMAX, represented the owner.
Ervin Williams, owner of the property addressed the Council.
Glenn Schroeder, P &Z Commissioner discussed the Commission's decision to recommend approval to
City Council.
Eric Mach of Tucker Mach Development addressed the Council.
Mayor White closed the public hearing.
A motion was made by Council member Crompton to deny the request to rezone property located at
1250 Harvey Mitchell Parkway due to the safety element and quality of life concerns. Seconded by
Council member Stewart which carried 6 -0. Council member Massey abstained.
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Thursday, May 22, 2008
FOR: Mayor White, Crompton, Maloney, McIlhaney, Stewart and Ruesink
AGAINST: None
ABSTAINED: Massey
Regular Agenda Item No. 3-- Public hearing, presentation, possible action, and discussion
regarding a rezoning of 71.09 acres from A -O Agricultural -Open to R -1 Single Family
Residential for the property located at 450 William D. Fitch Parkway, generally located
southwest of the intersection of Barron Road and William D. Fitch Parkway.
Bob Cowell, Director of Planning & Development Services presented the staff report on rezoning
request of 71.09 acres from A -O Agricultural -Open to R -1 Single - Family Residential for the property
located at 450 William D. Fitch Parkway, generally located southwest of the intersection of Barron
Road and William D. Fitch Parkway. Staff and Planning and Zoning Commission recommended
approval of the request.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
A motion was made by Council member Massey to approve Ordinance No. 3075 rezoning 71.09 acres
property located at 450 from A -O Agricultural -Open to R -1 Single Family Residential for the property
located at 450 William D. Fitch Parkway, generally located southwest of the intersection of Barron
Road and William D. Fitch Parkway. Motion seconded by Council member McIlhaney which carried
7 -0.
FOR: Mayor White, Crompton, Massey, Maloney, McIlhaney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 4 -- Public hearing, presentation, possible action and discussion
concerning approval to advertise the College Main Sidewalks Project for construction bids.
Chuck Gilman, Director of Capital Improvement Department presented an overview of the College
Main sidewalks project that will provide for the construction of new sidewalks between Louise and
Cherry Streets on College Main. Staff requested Councils' approval to advertise the College Main
Sidewalks Project for construction bids.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
A motion was made by Council member McIlhaney to approve the advertisement for bids on the
College Main sidewalks project and seconded by Council member Maloney which carried 7 -0.
FOR: Mayor White, Crompton, Massey, Maloney, McIlhaney, Stewart and Ruesink
AGAINST: None
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Thursday, May 22, 2008
Regular Agenda Item No. 5 -- Public hearing, possible action, and discussion on an ordinance
Budget Amendment 92 amending ordinance number 2999 which will amend the budget for the
2007 -2008 Fiscal Year and authorizing amended expenditures in the amount of $8,003,706; and
presentation, possible action and discussion on budget transfers between departments and
approval of a contingency transfer.
Janet Dudding, Assistant Director of Fiscal Services presented an overview of the proposed Budget
Amendment #2 that will increase appropriations in the 2007 -2008 budget by $7,997,702 and to
increase the number of regular full -time positions in the budget by two, as well as the budget transfers
between departments and contingency transfers.
-Operation Budget Amendments
-Capital Improvement Projects
-Budget Contingency /Transfers
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
A motion was made by Council member McIlhaney to approve Ordinance No. 3076 amending
Ordinance No. 2999 that shall amend the budget for FY '07 -'08 and authorize expenditures in the
amount of $7,997,702, increase the number of regular full -time positions in budget by two, and to
approve budget transfers between departments and approval of contingency transfer. Motion seconded
by Council member Maloney which carried 7 -0.
FOR: Mayor White, Crompton, Massey, Maloney, McIlhaney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 6 -- Presentation, possible action, and discussion regarding the first
reading of an ordinance amending the current gas franchise with Atmos Energy Corporation to
increase the franchise fee from four percent (4 %) to five percent (5 %).
Hayden Migl, Assistant to the City Manager presented the recent Settlement Agreement from Atmos
Energy Corporation amending the current gas franchise fee from four percent (4 %) to five percent
(5 %).
Ken Fogle, Manager of Public Affairs was present to answer questions.
A motion was made by Council member Massey to approve Ordinance No. 3077 amending the
current gas franchise fee from four percent (4 %) to five percent (5 %) with Atmos Energy Corporation.
Seconded by Council member Stewart which carried 7 -0.
FOR: Mayor White, Crompton, Massey, Maloney, McIlhaney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 7 -- Presentation, possible action, and discussion regarding adoption of
a resolution awarding the sale, exchange or combination thereof regarding approximately 5
acres of land owned by the City of CS located near the intersection of Jones Butler Road and
Dowling Road.
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Thursday, May 22, 2008
Bob Cowell, Director of Planning & Development Services presented an overview of the resolution to
award the sale, exchange or combination of approximately 5 acres of land owned by the City of
College Station located near the intersection of Jones Butler Road and Dowling Road. The purpose for
the land exchange is to permit the future relocation of Jones Butler Road while continuing to
accommodate the construction of a new electric sub - station and the expansion of the existing water
facilities.
A motion was made by Council member Massey to approve Resolution No. 5- 22 -08 -07 awarding the
sale, exchange or combination of approximately five acres of land owned by the City of College
Station located near the intersection of Jones Butler Road and Dowling Road. Motion seconded by
Council member Ruesink which carried 7 -0.
FOR: Mayor White, Crompton, Massey, Maloney, McIlhaney, Stewart and Ruesink
AGAINST: None
At 8:33 pm, Mayor White stated that the City Council would convene into executive session pursuant
to Section 551.087 of the Open Meetings Act to discuss economic development negotiations.
1. Hotel Conference Center
Council returned to open session. No action was taken.
Regular Agenda Item No. 8 -- Adjourn
Hearing no objections, Mayor White adjourned the meetings at 9:07 p.m. on Thursday, May 22, 2008.
PASSED and APPROVED this 12` day of June 2008.
APPROVED:
Mayor Ben White
TTEST: 146
WIZ
y Secretary Connie Hooks