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02/08/2007 - Regular Minutes City Council
Mayor Council Members Ron Silvia John Happ Mayor Pro Tempore Ron Gay Ben White Lynn Mcllhaney City Manager Chris Scotti CITY OF COLLEGE STATION Glenn Brown David Ruesink MINUTES College Station City Council Regular Meeting Thursday, February 8, 2007 at 7:00 pm City Hall Council Chamber, 1101 Texas Avenue College Station, Texas COUNCILMEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem White, Councilmembers Gay, Happ, Scotti, Ruesink, Mcllhaney STAFF PRESENT: City Manager Brown, Deputy City Manager Childers, Assistant City Manager Merrill, City Attorney Cargill, Jr., City Secretary Hooks Mayor Silvia called the regular meeting to order at 7:00 pm with all Councilmembers present. He led the audience in the Pledge of Allegiance. Councilmember Ron Gay provided the invocation. A presentation was given by Texas A &M International student Mohammed Seriaji from the Republic of Yemen. Hear Visitors. Council did not receive any public comments. Consent Agenda a. Approved by common consent the minutes for the City Council Workshop and Regular Meeting January 25, 2007. b. Approved by common consent an interlocal agreement between the City of College Station and the College Station Independent School District for the purpose of holding a joint election for the May 12, 2007 College Station General and Special Election. La presentacion, la accion possible y la discusion con respecto a la aprobacion de un acuerdo interlocal entre la Ciudad de College Station y el Districto Independiente de la Escuela con el fin de llevar acabo una eleccion comenzando el dia 12 de Mayo de el ano 2007 en la eleccion general y especial de la Ciudad de College Station. c. Approved by common consent an Agreement for Services with National Reimbursement Services to provide ambulance billing services in an amount not to exceed $60,000. L City Council Regular Meeting February 8, 2007 Page 2 d. Approved by common consent Change Order No. 1 to Contract No. 06 -270 with Brazos Valley Services, Inc., in the amount of $32,790 for the Jones Butler Road Extension Project, Phase II (Project No. ST- 0005). e. Approved by common consent a letter of credit guaranteeing the construction of Southern Breeze Drive connecting the subdivision to W.D. Fitch Parkway. f. Approved by common consent Resolution No. 2 -8- 2007 -2g authorizing a License Agreement with Matthew Moore pertaining to the encroachment of a portion of a structure located at Lot 10, Block 2, Woodland Hills Phase 1 Subdivision, College Station, Texas, according to the plat recorded in Volume 4027, Page 70 of the Official Records of Brazos County, Texas, into the easement area. g. Approved by common consent a change order for the design Contract No. 06 -263 with Edwards and Kelcey, Inc., in the amount of $12,454.00, to add one additional public hearing meeting to the Scope of Services for the development of a Master Plan for the new Municipal Cemetery /Aggie Field of Honor project. Mayor Pro Tem Ben White made the motion to approve Consent Agenda Items 2 a — 2 g. Motion seconded by Councilmember Chris Scotti carried unanimously, 7 -0. Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion on an ordinance rezoning 16.4 acres at 17339 State Highway 6 South from A -O (Agricultural Open) to M -2 (Heavy Industrial), generally located south of the College Station Business Park. Staff removed this item from the agenda. No action taken. Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion on an ordinance approving a Conditional Use Permit for a mixed use development in Wolf Pen Creek with multi - family residential uses on the ground floor at 410 Holleman Drive East, generally located at the southwest corner of the intersection of Holleman Drive East and Dartmouth Street. Staff Planner Molly Hitchcock presented the staff report. Staff recommended approval of the Conditional Use Permit. Planning and Zoning Commission recommended approval of the Conditional Use Permit and the condition of at least 9000 sq. ft. of retail space. The following persons addressed the Council on the development plans: Jane Kee, IPS Group Veronica Morgan, Morgan and Mitchell Engineering Services Mark Lindley, Assets Plus Companies in Houston Transportation Planner Ken Fogle pointed out that the extension of Dartmouth Drive to FM 2818 will generate a 2 -3% traffic increase along Dartmouth Drive. City Council Regular Meeting February 8, 2007 Page 3 Mayor Silvia opened the public hearing. Dennis Maloney of 803 Welsh emphasized the vision of the original master plan along Wolf Pen Creek Corridor. He added that the development is not a proper use for this tract of land. Bill Mather, general manager of Artie Ice Center, ice center urged City Council to consider this development due to the economic growth that will be generated by this development. He pointed out that the land has not been targeted by developers in several years and a housing /retail development is essential for future progress in this area. Mayor Silvia closed the public hearing. Derek Dictson, a Planning and Zoning Commissioner stated that the P &Z Commission expressed similar concerns; however, it was concluded that this development would be an asset to the WPC Corridor. Councilmember Gay moved to approve Ordinance No. 2953 approving the conditional use permit with the condition that the developer includes at least 9000 sq. ft. of retail space. Motion seconded by Councilmember John Happ which carried 6 -1. FOR: Silvia, White, Happ, Gay, Scotti, Ruesink AGAINST: Mcllhaney AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE , SECTION 3.13, "DEVELOPMENT REVIEW PROCEDURES, CONDITIONAL USE PERMIT, OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES; DECLARING A PENALTY, AND PROVIDING AN EFFECTIVE DATE. That the Official Zoning Map of the City of College Station, Section 3.1 3, "Development Review Procedures, Conditional Use Permit ", of Chapter 12, "Unified Development Ordinance ", is hereby amended as follows: That a Conditional Use Permit is hereby granted for first floor multi - family as provided for in Chapter 12, "Unified Development Ordinance ", Section 3.13, "Development Review Procedures, Conditional Use Permit ", of the Code of Ordinances of City of College Station. The property located at 410 Holleman Drive is granted a Conditional Use permit for first floor multi- family with 9000 sq. ft. of retail space. Council took a recess at 8:39 pm. Mayor Silvia reconvened the meeting at 8:51 pm. Regular Agenda Item No. 3 -- Public hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #1 amending ordinance number 2923 which will amend the budget for the 2006 -2007 Fiscal Year and authorizing amended expenditures in the amount of $798,730. Chief Financial Officer Jeff Kersten explained that the proposed budget amendment was to increase appropriations in the 2006 -07 budget by $798,730 for several operational items. kaw City Council Regular Meeting February 8, 2007 Page 4 Mayor Silvia opened the public hearing. No one spoke. He closed the public hearing. �+ Councilmember Chris Scotti made a motion to approve Ordinance No. 2954 (Budget Amendment 1) amending Ordinance Number 2923 amending the Budget for the 12006 -2007 fiscal year and authorizing amended expenditures as therein provided. Councilmember Mcllhaney seconded the motion which carried unanimously, 7 -0. FOR: Silvia, Scotti, McIlhaney, Gay, Happ, White, Ruesink AGAINST: None "PART 1: That the proposed budget as amended by the City Council of the City of College Station, which is made a part hereof to the same extent as if set forth at length herein, is hereby adopted and approved, a copy of which is on file in the Office of the City Secretary in College Station Texas. Amended appropriations for fiscal year 2006 -2007 for the General Fund are $45,873,052, for the Court Technology Fund are $196,837, for the Court Security Fund are $138,805, for the Parks Capital Improvement Projects Fund are $1,728,922, for the General Government Facilities and Technology Capital Improvement Projects Fund are $7,591,230, for the Electric Fund are $68,952,931, for the Water Fund are $12,484,675, for the Wastewater Fund are $11,028,724, for the Sanitation Fund are $6,367,651, for the Parking Fund are $563,590, for the BVSWMA Fund are $7,116,834, for the Equipment Replacement Fund are $7,540,797, for the Utility Customer Service Fund are $2,557,292, for Fleet Maintenance Fund are $1,702,401, for the Print Mail Fund are $492,969, for the Communications Fund are $826,062. All other L appropriations as originally adopted and amended by the City Council remain in full force and effect." Part 2: That this ordinance shall become effective immediately after passage and approval. Council recessed for a short break. They returned to the meeting at 8:50 pm. Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion an ordinance amending City of College Station Code of Ordinances Chapter 12: Unified Development Ordinance, enacting the new Drainage Guidelines as part of the Bryan /College Station Unified Design Guidelines, Standard Details, and Technical Specifications. Senior Assistant City Engineer, Alan Gibbs presented brief comments about the ordinance amendment. This is the third of three ordinance amendments to amend Chapter 12 of the Unified Development Ordinance, enacting new drainage guidelines as part of the Bryan College Station Unified Design Guidelines, Standard Details, and Technical Specifications. Mayor Silvia opened the public hearing. No one spoke. He closed the public hearing. Mayor Pro tem White made a motion to approve Ordinance No. 2955 amending Chapter 12, "Unified Development Ordinance ", of the Code of Ordinances, by enacting the new Drainage Guidelines as part of the Bryan/College Station Unified Design Guidelines, Standard Details, and Technical Specifications. Motion seconded by Councilmember Happ which carried unanimously, 7 -0. cor City Council Regular Meeting February 8, 2007 Page 5 FOR: Silvia, White, Happ, Scotti, Gay, Mclhaney, Ruesink fir► AGAINST: None That Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE ", Article 2. Development Review Bodies, Section 2.7 Development Engineer, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by amending Sub - section C. Powers and Duties. That Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE ", Article 3. Development Review Procedures, Section 3.8 Development Permit, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by amending Sub - section A. That Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE ", Article 11. Definitions, Section 11.2 Defined Terms, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by amending the definition "Drainage Facility ". That Chapter 12, "UNIFIED DEVELOPMENT ORDINANCE ", Article 11. Definitions, Section 11.2 Defined Terms, of the Code of Ordinances of the City of College Station, Texas, is hereby amended, by amending the definition "Drainage System, Primary ". Regular Agenda Item No. 5 -- Presentation, possible action, and discussion regarding a resolution for Outside Agency Funding Policy. Deputy City Manager Terry Childers provided a brief overview of the changes and modifications to the Outside Agency Finding Policy. Original adoption date was by the City Council at its meeting on November 9, 2006. Mr. Childers recognized Sheryl Wilford, Chairman of the Outside Agency Funding Review Committee. Councilmember Mcllhaney made a motion to adopt Resolution No. 2 -8- 2007 -5 adopting the amended policy as presented by staff. Motion was seconded by Mayor Pro Tem White. Councilmember Gay made an amended motion to include that the City Council appoint a member from its body or a citizen at large as members to the Boards of the "Contract Partner" agencies; the Convention and Visitors Bureau Board of Directors, the Arts Council of the Brazos Valley, and the Research Valley Partnership Board of Directors and that all three agencies comply with the Open Meetings Act. Motion seconded by Councilmember Scotti. It was noted that the CVB and RVP have existing Councilmembers or citizens on the Board. Council also indicated that the amended motion include 3 members from College Station serve on each "Contract Partner" agency committee or board. Councilmember Scotti made an amendment to the amended motion to require that each Contract Partner agency provide notice of meetings on their website seven days prior to meeting and open general sessions to the public, and require three representatives from College Station on each board. Motion seconded by Mayor Pro tem White. Motion carried unanimously, 7 -0. Following further Council comments, the original motion as amended carried 6 -1, Councilmember Gay voted against. FOR: Silvia, Mcllhaney, Scotti, Gay, Happ, Ruesink AGAINST: Gay City Council Regular Meeting February 8, 2007 Page 6 Regular Agenda Item No. 6 -- Council discussion regarding the Legislative Program in preparation for the Texas Municipal League Legislative Briefing in Austin beginning February 9, 2007 through February 14, 2007. City Manager Glenn Brown presented the goals and strategies of the College Station Legislative Program proposed for state and federal legislative levels. A trip to Austin sponsored by the Chamber of Commerce was scheduled for the following week. Numerous Councilmembers will be attending. No action was taken. Public hearing, presentation, possible action and discussion approving an ordinance vacating and abandoning a 0.326 acre portion of a twenty ft. wide utility easement located along the northeast common property line of Lot 1 & 2 of the Barron Park Subdivision according to the plat recorded in Volume 939, Page 209 of the Deed Records of Brazos County, Texas. Sr. Assistant City Engineer Alan Gibbs presented the staff report. The easement proposed to be abandoned is a 0.326 acre portion of a twenty foot wide utility easement, which is located along the northeast common property line of Lot 1 & 2 of the Barron Park Subdivision. The existing water main was relocated to another public utility easement and there is no other infrastructure in this easement to be abandoned. Staff recommended approval. Mayor Silvia opened the public hearing. No one spoke. He closed the public hearing. Councilmember Happ made the motion to approve Ordinance No. 2956 vacating and abandoning a 0.326 acre portion of a twenty ft. wide utility easement located along the northeast common property line of Lot 1 & 2 of the Barron Park Subdivision according to the plat recorded in Volume 939, Page 209 of the Deed Records of Brazos County, Texas. Motion seconded by Councilmember Scotti which carried unanimously, 7 -0. FOR: Silvia, White, Gay, Happ, Scotti, Mcllhaney, Ruesink AGAINST: None City Council completed its executive session prior to the regular meeting. Hearing no objection, the workshop and regular meetings adjourned at 9:54 pm. PASSED AND APPROVED this 22 day of February, 2007. APP D: • • Mayor Ron Silvia City Council Regular Meeting February 8, 2007 Page 7 ATT T: /� 1 F'.� LZ_- Cit e ' cretary onnie Hooks L L • Mayor Council Members Ron Silvia John Happ Mayor Pro Tempore Ron Gay Ben White Lynn Mcllhaney City Manager Chris Scotti CITY OF COLLEGE STATION Glenn Brown David Ruesink College Station City Council Workshop Meeting Sign In Sheet Thursday, February 8, 2007 at 3:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas 1. _ v /Y\ 11. 2. ^hg. „� ' , ! 12. 3. l / /.. 13. 4. 14. /” 5. 15. 6. 16. 7. 17. 8. 18. 9. 19. 10. 20. ' Mayor Council Members `'r" Ron Silvia John Happ Mayor Pro Tempore Ron Gay Ben White Lynn Mcllhaney City Manager Chris Scotti CITY OF COLLEGE STATION Glenn Brown David Ruesink College Station City Council Regular Meeting Sign In Sheet Thursday, February 8 , 2007 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas 1. I� Al 11. 04. = 2.----, 53r1 I 12. 0 € ( 6 ....--/Ltil 3. 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