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Home My WebLink About03/08/2007 - Regular Minutes City Council Page 1 of 7 Mayor Council Members Ron Silvia John Happ Mayor Pro Tempore Ron Gay Ben White Council McIlhaney City Manager Chris Scotts CI !Y OF COLLEGE STATION Glenn Brown David Ruesink Minutes City Council Regular Meeting Thursday, March 8, 2007 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCILMEMBERS PRESENT: Mayor Ron Silvia, Mayor Pro Tem White, Councilmembers Gay, Happ, Scotti, Ruesink, McIlhaney STAFF PRESENT: City Manager Brown, Deputy City Manager Childers, Assistant City Manager Merrill, City Attorney Cargill, Jr., City Secretary Hooks, Management Team Pledge of Allegiance, Invocation, Consider absence requests Mayor Silvia called the regular meeting to order at 7:03 p.m. on Thursday March 8, 2007. Mayor Pro Tem White provided the invocation. Fire Chief R.B. Alley presented recognition awards to Council members Dave Ruesink, Chris Scott, Ron Gay and Deputy City Manager Terry Childers for their service to the community. Hear Visitors: Jessica Guidry, President of the Northgate Merchants Association announced an upcoming music festival scheduled for the week of March 19 -23, "North by Northgate". Consent Agenda 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. Councilmember Happ made a motion to approve Consent Agenda Items 2a - 2n. Motion seconded by Mayor Pro Tem White. Motion was amended by Councilmember Gay to accept the revision to the regular meeting minutes of February 22 The minutes were corrected to state that "Councilmember Scotti made the motion to approve the settlement agreement with Canyon Creek Partners related to condemnation in the amount of $195,000." Motion seconded by Councilmember Scotti. Original motion as amended carried unanimously, 7 -0. 2a. Approved by common consent a real estate contract in the amount of $260,000 for the purchase of property located in the Northgate area at 306 Spruce Street for use as a neighborhood park. 2b. Approved by common consent the renewal of the annual contract with Elliott Construction Inc. for L . water and wastewater new service tap installation in the amount of $362,250. 2c. Approved by common consent Resolution No. 3 -8- 2007 -2c determining the public necessity to http: // agenda .cstx.gov /Council %20Minutes / 2007 / complete %20070308 %20regular.htm 4/9/2012 Page 2 of 7 acquire right -of -way and easement interests for the Rock Prairie Road Widening Design and ROW Project. 2d. Approved by common consent Ordinance No. 2960 amending Chapter 10, "Traffic Code," of the Code of Ordinances of the City of College Station to allow the City Manager or his designee the ability to temporarily add or remove on- street parking as part of a special event and where safety is a concern. 2e. Approved by common consent Resolution No. 3 -8- 2007 -2e awarding a consultant contract to Randall Scott Architects, Inc. for an amount not to exceed $88,513.00 for the site planning and cost estimating services related to a city center site development plan and a cost estimate for a new city hall. 2f. Approved by common consent an award of bid for annual price agreement for the purchase of electric meters maintained in the electrical inventory. Estimated annual expenditures to Wesco are for $78,660.00. Bid #07 -53. 2g. Approved by common consent an award of bid for the purchase of various street signs and materials maintained in inventory to Osburn Associates, Inc., for $11,153.40; Custom Products Corp., for $6,696.00; Nippon Carbide Industries for $3,598.82 and Vulcan Signs for $30,142.28 for total annual estimated expenditures of $51,590.50. Bid #07 -56. 2h. Approved by common consent Resolution No. 3 -8- 2007 -2h to award engineering design contract 07 -152 with Malcolm - Pirnie, Inc. in the amount of $198,432 for design and construction management services for the Parallel Water Transmission Line phase 3. c 2i. Approved by common consent the purchase of materials in the amount of ($39,311) under State contract and installation contract with Calence, LLC (not to exceed $6,500), to execute the water well facilities mesh radio network project, at a combined cost not to exceed $45,811. 2j. Approved by common consent budget transfers for the Public Works Department in the net amount of $63,768, Parks and Recreation Department in the net amount of $61,641, and the City Manager's Office in the net amount of ($125,409). 2k. Approved by common consent the first reading of an ordinance approving a non - exclusive gas and oil gathering franchise agreement with Energy Transfer Corporation. 2L. Approved by common consent the approval of minutes for the February 22, 2007 City Council Workshop and Regular Meeting as corrected. See action taken at the beginning of the Consent Agenda. 2m. Approved by common consent approval of a contract with Meyers & Associates for federal legislative and consulting services in the amount of $78, 000 plus expenses. 2n. Approved by common consent Resolution No. 3 -8- 2007 -2n designating the Construction Manager at Risk as an alternative procurement method for the proposed renovations to the Municipal Court building. Regular Agenda 4410 .,. Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion on an ordinance rezoning 16.4 acres at 17339 SH 6 South from A -O (Agricultural Open) to C -2 (Commercial Industrial), generally located on the of the east side of State Highway 6, south of the http: // agenda .cstx.gov /Council %20Minutes / 2007 / complete %20070308 %20regular.htm 4/9/2012 Page 3 of 7 College Station Business Park. Lindsey Boyer, Staff Planner presented a staff report about this rezoning application. The Planning and Zoning Commission and staff recommended approval of the rezoning. Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing. Mayor Pro Tem White moved approval of Ordinance No. 2961 as presented. Motion seconded by Councilmember Gay. Motion carried unanimously, 7 -0. AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. THE PROPERTY IS APPROXIMATELY 16 ACRES OF THE ANIMATE HABITAT PROPERTY LOCATED AT 17339 SH 6 SOUTH FROM A -O (AGRICULTURAL OPEN) TO C -2 (COMMERCIAL INDUSTRIAL) GENERALLY LOCATED ON THE EAST SIDE OF STATE HIGHWAY 6, SOUTH OF THE COLLEGE STATION BUSINESS PARK. Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion on an ordinance approving a Conditional Use Permit for a multi - family development with no retail in the Wolf Pen Creek Zoning District located at 1811 George Bush Drive East in the general vicinity of the mid -block of George Bush Drive East between Harvey Road and Holleman Drive East. Lindsey Boyer, Staff Planner presented an overview of the proposed conditional use permit for Miles subdivision. The Planning and Zoning Commission and staff recommended approval. Mayor Silvia opened the public hearing. The following citizens addressed the City Council. Davis Watson and Darrell Dugat expressed concerns regarding this site for a multi - family development in WPC Zoning District. The development is planned to be located behind the existing Arbors Apartments. Jane Kee, IPS Group, 501 University Drive and Bo Miles, developer, requested City Council support of the project. Mayor Silvia closed the public hearing. Councilmember Happ moved to approve Ordinance No. 2962 as presented. Councilmember Scotti seconded the motion. Motion carried unanimously, 7 -0. AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE ", SECTION 3.13, "DEVELOPMENT REVIEW PROCEDURES, CONDITION 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. A CONDITIONAL USE PERMIT IS HEREBY GRANTED FOR MULTI - FAMILY WITHOUT FIRST FLOOR RETAIL IN THE WOLF PEN CREEK ZONING DISTRICT. THE PROPERTY IS LOCATED AT 1811 GEORGE BUSH DRIVE EAST. C ap- Regular Agenda Item No. 3 -- Public Hearing, presentation, possible action, and discussion on an ordinance amending the Comprehensive Land Use Plan from Single - Family Medium Density to Office for 3.611 acres in the Castlerock Subdivision located on the north side of William D. Fitch http: // agenda .cstx.gov /Council %20Minutes / 2007 / complete %20070308 %20regular.htm 4/9/2012 Page 4 of 7 Parkway across from Castlegate Subdivision. Molly Hitchcock described the proposed ordinance amending the Comprehensive Land Use Plan from Single - Family Medium density to Office for 3.61 acres in the Castlerock subdivision. The Planning and Zoning Commission recommended approval. Staff recommended denial of the request. Mayor Silvia opened the public hearing. Wallace Phillips, developer and Joe Schultz, local engineer addressed the Council in support of the project and answered questions of the Council. Mayor Silvia closed the public hearing. Councilmember Gay moved approval of Ordinance No. 2963 as presented. Mayor Pro Tem White seconded the motion which carried unanimously, 7 -0. AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE LAND USE PLAN, FOR THE AREA NORTH OF WILLIAM D. FITCH PARKWAY ACROSS FROM CASTLEGATE PHASE II, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. THE 3.611 ACRES GENERALLY LOCATED ALONG THE NORTH SIDE OF WILLIAM D. FITCH PARKWAY ACROSS FROM CASTLEGATE PHASE II IS AMENDED FROM SINGLE FAMILY MEDIUM DENSITY TO OFFICE. Council recessed for a short break at 8:22 pm. They returned to the regular meeting at 8:35 pm. ADDENDUM TO AGENDA: Presentation, possible action, and discussion approving and authoring the c or Mayor to sign a letter of support for the proposed Brazos County Hotel /Motel Occupancy Tax of two percent for Brazos County. County Judge Randy Sims emphasized the importance of this tax to the economic viability of the community. He encouraged City Council to support their request. Barry Biggar, Executive Director of the Convention and Visitors Bureau, urged City Council to support the resolution. Councilmember Gay moved approval of the resolution as presented. Mayor Pro Tem White seconded the motion. Motion carried unanimously, 7 -0. Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12, City of College Station Code of Ordinances, Section 3.15 of the Unified Development Ordinance, authorizing administrative adjustments for off - street parking standards. Lance Simms, Interim Director of Planning and Development Services provided an overview of the proposed ordinance. Planning and Zoning Commission recommended approval. Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing. Mayor Pro Tem White made the motion to approve Ordinance No. 2964 as presented. Motion % seconded by Councilmember Mcllhaney. Motion carried unanimously, 7 -0. AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," http: // agenda .cstx.gov /Council %20Minutes / 2007 / complete %20070308 %20regular.htm 4/9/2012 Page 5 of 7 SECTION 3.15 ADMINISTRATIVE ADJUSTMENTS, OF THE CODE OF ORDINANCES OF THE L CITY OF COLLEGE STATION, TEXAS, BY AMENDING CERTAIN SECTIONS; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. "(B) Applicability - The Administrator shall have the authority to authorize adjustments of up to ten percent (10 %) from any dimensional standard set forth in Section 5.2 Residential Dimensional Standards, Section 5.4 Non - Residential Dimensional Standards, Section 5.7 Design District Dimensional Standards, and Section 7.23 Off - Street Parking Requirements of the UDO. Any adjustment request greater than ten percent (10 %) shall be treated as a variance handled by the Zoning Board of Adjustment subject to the requirements of Section 3.16, Variances." Regular Agenda Item No. 5 -- Public hearing, presentation, possible action, and discussion regarding an ordinance vacating and abandoning a 996 square foot portion of the Public Utility Easement, in the City of College Station. Alan Gibbs, Senior Assistant City Engineer described this item. Staff recommended approval of the application for abandonment of the portion of the easement. Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing. Councilmember Gay made the motion to approve Ordinance No. 2965 as presented. Motion seconded by Councilmember Ruesink. Motion carried unanimously, 7 -0. AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND VACATING AND ABANDONING A 996 SQUARE FOOT PORTION OF THE FIVE FOOT WIDTH PUBLIC UTILITY EASEMENT, SAID PORTION LYING IN LOTS 1, 2, AND 3, BLOCK 22, OF THE W.C. BOYETT ESTATE PARTITION ACCORDING TO THE PLAT RECORDED IN VOLUME 100, PAGE 440 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND ACCORDING TO THE EASEMENT FOR PUBLIC UTILITIES AS DESCRIBED IN VOLUME 128, PAGE 412 OF THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. Regular Agenda Item No. 6 -- Presentation, possible action, and discussion regarding approval of a resolution awarding the consulting services contract (Contract No. 07 -155) to RCC Consultants, Inc. in an amount not to exceed $79,870.98 for analysis, conceptual design and grant preparation of an interoperable multi - jurisdictional radio system. Olivia Burnside, Chief Information Officer presented this item. Members of the Intergovernmental Subcommittee, James Massey, Kenny Mallard, and Ron Mayworm expressed comments about the project benefits. Councilmember Mcllhaney made a motion to approve Resolution No. 3 -8- 2007 -6 awarding a consulting contract to RCC Consultants, Inc. in an amount not to exceed $79,870.98 for the analysis, conceptual design and grant preparation of an interoperable multi jurisdictional radio system. Motion seconded by Councilmember Scotti. Motion carried unanimously, 7 -0. Regular Agenda Item No. 7 -- Presentation, possible action and discussion on appointment of members to the Outside Agency Funding Review Committee (OAFRC). Jeff Kersten, Chief Financial Officer gave a brief overview of the committee membership. http: // agenda .cstx.gov /Council %20Minutes / 2007 / complete %20070308 %20regular.htm 4/9/2012 Page 6 of 7 Councilmember Gay made a motion to appoint Stephen Sweet and Donald Braune as members of the L Outside Agency Funding Review Committee for a three year term. These individuals replaced Roger Reese and Carolyn Berrow who served a one year term. Motion seconded by Mayor Pro Tem White. Motion carried unanimously, 7 -0. Regular Agenda Item No. 8 -- Presentation, possible action, and discussion regarding approval of a memorandum of understanding to sell the Spring Creek Business Park tract. This item was removed from the agenda and scheduled for a future meeting. Workshop Agenda Item No. 9 -- 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. Mayor Pro Tem White requested a workshop agenda item to discuss the overall Wolf Pen Creek Master Plan. Motion seconded by Councilmember Happ. Motion carried unanimously, 7 -0. Councilmember Happ requested a future workshop agenda to discuss an update on the Hotel Conference Center project. Motion seconded by Councilmember Gay, which carried 6 -1. Councilmember Mcllhaney voted against the motion. Workshop Agenda Item No. 10 -- Discussion, review and possible action regarding the following meetings: Brazos County Health Dept., Brazos Valley Council of Governments, Cemetery Committee, City Center, CSISD /City Joint Meeting, Design Review Board, Fraternal Partnership, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee and School District, Joint Relief Funding Review Committee, Library Committee, Making Cities Livable Conference, Metropolitan Planning Organization, Outside Agency Funding Review, Parks and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley Partnership, Regional Transportation Committee for Council of Governments, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning Board of Adjustments, YMCA Coordinating Board(see attached posted notices for subject matters). Councilmember Ruesink attended the Student Senate Meeting. He expressed gratitude to city staff who made presentations. Councilmember Scotti attended a legislative hearing in Austin in support of the Technology Emergency Fund. Councilmember Mcllhaney attended the Brazos County Board of Health meeting. Mayor Silvia reported on his attendance at the recent MPO meeting. Council Calendars Council reviewed their upcoming events. Regular Agenda Item No. 9 -- Executive Session http: // agenda .cstx.gov /Council %20Minutes / 2007/ complete %20070308 %20regular.htm 4/9/2012 Page 7 of 7 At 9:34 pm, Mayor Silvia announced that the City Council would convene into executive session pursuant to Section 551.087 of the Open Meetings Act to consider Economic Development negotiations. Regular Agenda Item No. 10 - Final action on executive session. Council returned to the Council Chambers at 9:53 pm. No action was taken. Regular Agenda Item No. 11 -- Hearing no objection, the meeting adjourned at 9:54 pm on Thursday, March 8, 2007. PASSED AND APPROVED this 22 day of March, 2007. ATTEST: APPROVED: City Secretary Connie Hooks Mayor Ron Silvia L Carr http: // agenda .cstx.gov /Council %20Minutes / 2007 / complete %20070308 %20regular.htm 4/9/2012 (Ow Mayor Council Members Ron Silvia John Happ Mayor Pro Tempore Ron Gay fr 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, March 8, 2007 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas � rr r G /� 1. Lit/Lr 'v l 11. r1 T / " ci 2. - ` g Co \ v\ 12. 1--i-ci"P‘cikk T., r•.r c� 3. d 13. Zstb`.. -�- SMc- 0 4. CV e) Pk:A:is 14. c ( c�rc , t �/`ee/I 5. (00fr, , / 15. :' Ct J ) '56/145 6. ' e 4) 16. L/1 J G 3 7. 1 7. _,,4/.AA ` 18. r4 &A , 4 8. � 3 , 9. `° N 14;44 19. at 0 CC\ ' Cod( 9‘.1e1, 10. 1 VisLIC 9 C 20. 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