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HomeMy WebLinkAbout09/10/2009 - Regular Agenda Packet - City CouncilMayor Council members Ben White John Crompton Mayor Pro Tem James Massey Dave Ruesink Dennis Maloney City Manager Katy-Marie Lyles Glenn Brown Lawrence Stewart Agenda College Station City Council Regular Meeting Thursday, September 10, 2009 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 6:30 pm. Please limit remarks to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to conclude your remarks. The City Council will receive the information, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the City Manager. Consent Agenda Individuals who wish to address the City Council on a consent or regular agenda item not posted as a public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will recognize individuals who wish to come forward to speak for or against the item. The speaker will state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to signal thirty seconds remaining for remarks. 2. Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Presentation, possible action, and discussion of minutes for Council workshop and regular meeting held on Thursday, August 27, 2009. b. Presentation, possible action, and discussion on a Construction Contract with Alsay Incorporated, in the amount of $2,236,250 for the construction of the Groundwater Well No. 8. c. Presentation, possible action, and discussion regarding Change Order # 1 to Contract 08-099, Water/Wastewater Master Plan Study, with HDR Engineers, in the amount of $38,300.00. d. Presentation, possible action, and discussion approving a modified Advance Funding Agreement with the Texas Department of Transportation (TxDOT) and the City of Bryan, to design and construct additional lanes on State Highway 30 from 4.20 miles west of F.M. 244 to 4.63 miles west of F.M. 244 and adjacent to 1 City Council Regular Meeting Page 2 Thursday, September 10, 2009 the BVSWMA Twin Oaks Landfill site for the purpose of providing safe ingress and egress from said facility. e. Presentation, possible action, and discussion regarding renewal of contract #08-084 with Envirosolve and the City of College Station and City of Bryan to provide Household Hazardous Waste collection services in an amount not to exceed $229,510.00. f. Presentation, possible action and discussion on an Agreement for Services with Emergicon to provide ambulance billing services in an amount not to exceed $75,000. 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. Presentation, possible action, and discussion on an ordinance adopting the City of College Station 2009- 2010 Budget; and presentation, possible action and discussion ratifying the property tax increase reflected in the budget. 2. Presentation, possible action, and discussion on approval of an ordinance adopting the City of College Station 2009-2010 advertised ad valorem tax rate of $0.439400 per $100 assessed valuation, the debt service portion being $0.229433 per $100 assessed valuation and the operations and maintenance portion being $0.209967 per $100 assessed valuation. 3. Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, “Utilities” Section 4, “Electric Service” of the Code of Ordinances of the City of College Station, Texas having the effect of raising revenues for electric services approximately nine percent (9%). 4. Public hearing, presentation, possible action, and discussion regarding 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 changing the zoning district boundaries of an area consisting of 14.27 acres located at 2429 Earl Rudder Freeway, north of Raintree Drive, from R-1 Single-Family Residential and A-O Agricultural Open to PDD Planned Development District. 2 City Council Regular Meeting Page 3 Thursday, September 10, 2009 5. Public hearing, presentation, possible action, and discussion regarding an Ordinance amending Chapter 12, Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas changing the Zoning District Boundaries of 3.364 acres from R-1 Single-Family Residential to R-4 Multi-Family and A-O Agricultural Open located at 1270 Harvey Mitchell Parkway. 6. Public hearing, presentation, possible action, and discussion on an ordinance amending the Unified Development Ordinance, Section 5.6.A.11 regarding signage in the Wolf Pen Creek District. 7. Presentation, possible action, and discussion regarding approval of a resolution establishing the sale price of cemetery spaces for the College Station Municipal Cemetery System. 8. Presentation, possible action, and discussion designating the chair of the Council Transportation Committee. 9. 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, September 10, 2009 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 4th day of September, 2009 at 5:00 p.m. E-Signed by Connie Hooks VERIFY authenticity with ApproveIt ________________________________ 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 September 4, 2009 at 5:00 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 ________________, 2009 By______________________________________ Subscribed and sworn to before me on this the _____day of ________________, 2009. 3 City Council Regular Meeting Page 4 Thursday, September 10, 2009 ______________________________ 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. 4 Mayor Ben White Mayor Pro Tem Dave Ruesink City Manager Glenn Brown Councilmembers John Crompton James Massey Dennis Maloney Katy-Marie Lyles Lawrence Stewart Minutes City Council Workshop Meeting Thursday, August 27, 2009 at 3:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL PRESENT: Mayor White, Mayor Pro Tem Ruesink, Council members Crompton, Massey, Maloney, Lyles, and Stewart STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team 1. Presentation, possible action, and discussion on items listed on the consent agenda. Item No. 2g -- Council member Massey inquired about TxDot beautification project on University Drive and maintenance responsibility. Chuck Gilman, Director of Capital projects explained that City will assume maintenance after the completion of the project. 2. Presentation, possible action, and discussion regarding an update on the European Union Center and Grant Symposium projects, programs and activities impacting the City of College Station. Mario Rojo Del Busto, Director of International Faculty & Scholar Services for Texas A&M University updated the Council on several upcoming symposiums being coordinated through the European Union Center. John Happ, Director of the Easterwood Airport, Royce Hickman, Executive Director of Chamber of Commerce, and Chuck Martinez from Research Valley Partnership expressed support of the symposiums. No formal action was taken. 4. Presentation, possible action, and discussion on an update for Council regarding the public engagement process and park site recommendation. 5 Page | 2 City Council Minutes Thursday, August 27, 2009 Chuck Gilman, Director of Capital Projects presented an overview of the data collected from an on-line poll and comments received during public meetings. Staff recommended approval of the skate park location at Southwood Athletic Complex and to proceed with preliminary design of the College Station Skate Park at the Southwood Athletic Complex. Council directed staff to proceed with the process of the construction of College Station Skate Park. No formal action was taken. 5. Presentation, possible action and discussion regarding Cell Phone Use in School Zones. Mark Smith, Director of Public Works reported on new state legislation to the Transportation Code, allowing Cities to enforce the prohibition of wireless communication devices by drives in school zones Clark Ealy, Superintendent of CSISD stated the school’s support of the legislation. However, no discussion between school and city has been held about funding the posting of signs, etc. Jeff Capps, Interim Chief of Police commented about the enforcement. There are several exemptions in the new law that may require an officer to ask the driver of vehicle additional questions before citing an individual. With a 4-3 vote, Council recommended the issue be discussed by the Transportation Committee for research and review, and bring back to Council at a later date. No formal action was taken. 3. Presentation, possible action, and discussion on the FY 2009-2010 Proposed Budget. Jeff Kersten, Chief Financial Officer presented an overview of the FY ‘10 proposed budget. Staff sought Council direction regarding changes to the budget. Mr. Kersten reviewed the following items. Budget Issues · General Fund Financial Forecast - Fire Station #6 Operations and Maintenance - Police Blue Print Implementation - Revised General Fund Financial Forecast · General Fund Purchased Services · Legal Fees · Enterprise Fund for Athletics · Parks and Recreation Costs · Property Taxes paid by Residents and Investors · Historic Program Service Levels · Cost of Rental Facility for Senior Center · Convention and Visitors Bureau Funding · Arts Council Building 6 Page | 3 City Council Minutes Thursday, August 27, 2009 · Arts Council Funding – Council recommended 7-0 for Option 2 · Bush Library Funding · Veteran's Memorial Funding No formal action was taken. 6. Council Calendar Council reviewed upcoming events. 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. Councilmember Lyles made a motion for a future workshop item on the proposed convention center. Councilmember Massey seconded motion, which failed, 1-6. FOR: Council member Lyles AGAINST: Mayor White, Council members Crompton, Massey, Maloney, Ruesink, Stewart Council member Massey made a motion for a future workshop item to discuss the animal control ordinance. Council member Maloney seconded motion, which carried 7-0. 8. Discussion, review and possible action regarding the following meetings: Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Wide Area Communications Task Force, Cemetery Committee, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning Organization, National League of Cities, 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, Texas Municipal League, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning Board of Adjustments, BVSWMA, Signature Event Task Force, (Notice of Agendas posted on City Hall bulletin board). No discussion was held. ______________________________________________ At 5:30 pm, Mayor White announced that the City Council would convene into executive session pursuant to Sections 551.071, and 551.072 of the Open Meetings Act to seek the advice of our city attorney, and to consider the purchase of real property. 7 Page | 4 City Council Minutes Thursday, August 27, 2009 9. Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. Consultation with Attorney {Gov't Code Section 551.071}; possible action. The City Council may seek advice from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or attorney-client privileged information. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply Corporation b. Sewer CCN permit requests for Brushy & Wellborn Services Areas c. Water CCN permit requests for Brushy & Wellborn Services Areas d. Bed & Banks Water Rights Discharge Permits for College Station and Bryan e. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites f. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos Valley Groundwater Conservation District g. TMPA v. PUC (College Station filed Intervention) h. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid Waste Management Agency contract, on proposed methane gas contract i. Update on legal proceedings for Grimes County Landfill site and contracts for development of Grimes County site j. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and Ben White k. Chavers et al v. Tyrone Morrows, Michael Ikner, City of Bryan, City of College Station, et al l. Rogers Sheridan v. Barbara Schob & Greg Abbott m. Clancey v. College Station, Glenn Brown, and Kathy Merrill n. Legal issues related to Economic Development Agreement between City of College Station & Sahara Realty o. Legal Aspects of Petition, Possibilities of and Restrictions on Political Activity regarding Upcoming City Election Real Estate {Gov’t Code Section 551.072}; possible action The City Council may deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a 8 Page | 5 City Council Minutes Thursday, August 27, 2009 third person. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Possible Purchase or Exchange of Property near E. University and Tarrow 10. Action on executive session or any workshop agenda item not completed or discussed in today's workshop meeting may be discussed in tonight's Regular Meeting if necessary. Council recessed from the executive session at 7:00 p.m. No formal action was taken. 11. Adjourn. The workshop meeting concluded at 7:00 p.m. PASSED AND APPROVED this September 1, 2009 ATTEST: _____________________________ City Secretary Connie Hooks APPROVED: ______________________________ Mayor Ben White 9 Mayor Ben White Mayor Pro Tem David Ruesink City Manager Glenn Brown Councilmembers John Crompton James Massey Dennis Maloney Katy-Marie Lyles Lawrence Stewart Minutes City Council Regular Meeting Thursday, August 27, 2009 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL PRESENT: Mayor White, Mayor ProTem Ruesink, Council members Crompton, Maloney, Massey, Lyles, and Stewart STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager Neeley, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team 1. Pledge of Allegiance, Invocation, Consider absence request. Mayor White called the meeting to order at 7:00 pm with all Council members present. Mayor White led the audience in the Pledge of Allegiance. Fire Chief R.B. Alley provided the invocation. Hear Visitors: Beverly Arnold, 3502 Carter Creek, Bryan – mentioned a concern about the pool water temperature at the natatorium. Many senior citizens participate in the water aerobatics class. Jacque Flagg, new Director of the Brazos Valley Museum of Natural History invited Mayor and City Council members to visit Brazos Valley Museum of Natural History. Mike Luther, 614 Welsh thanked the Council for their consideration of maintaining the Heritage Programs and Project Hold. 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. Approved minutes for Council workshop meeting held on Thursday, July 23, 2009. 10 Page | 2 City Council Minutes Thursday, August 27, 2009 b. Approved furniture purchases for the Municipal Court Renovations Project (GG- 0701). Furniture purchases will be made through the TxMAS contract (state contract) to Vanguard Environments in an amount not to exceed $130,000.00. c. Approved change order to the Professional Services Contract 07-174 with Edwards and Kelcey in the amount of $73,449 for the engineering services associated with the College Station Memorial Cemetery and Aggie Field of Honor. d. Approved change order credit (reduction to the contract amount) in the amount of $1,464.59 to Construction Contract 08-116 with Acklam Construction for the construction of the College Station Memorial Cemetery and Aggie Field of Honor. e. Presentation, possible action, and discussion of a Resolution authorizing a special election to be held on November 3, 2009 in the City of College Station for the purpose of proposing ordinance, submitted as Section 83, initiative petition, providing that camera enforcement of red light violations shall be unenforceable; authorizing the Mayor to sign notice of election designating early voting and election day precincts; providing a severability clause; and providing an effective date. Removed from Agenda and rescheduled for September 1, 2009 Agenda f. Approved Resolution No. 08-27-09-2f adopting an interlocal agreement between the City of College Station and Brazos County for the conduct and management of the City of College Station special election to be held on Tuesday November 3, 2009. g. Approved Resolution No. 08-27-09-2g on an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) to construct the first phase of the University Drive Beautification Project at the interchange with HWY 6. h. Approved real estate contract in the amount of $413,880 between the City of College Station (Buyer) and Janie A. Cargill and Thomas H. Cargill (Sellers) for the purchase of four lots at 310, 314 and 316 Spruce Street. i. Approved change order to Contract #08-277 to Brazos Valley Services in the amount of $113,912.94 for additional construction services related to the College Park/Breezy Heights Rehabilitation Project. j. Approved change order to the Design Contract 08-266 with Jacobs Edwards & Kelcey in the amount of $80,775, for the re-design of the Discovery Drive Phase I Extension and design of Raymond Stotzer Sidewalks & Traffic Signal. k. Approved Resolution No. 08-27-09-2k awarding a construction contract for the Discovery Drive Extension Phase I to Brazos Paving, Inc. of Bryan, TX, in the amount of $434,217.25. 11 Page | 3 City Council Minutes Thursday, August 27, 2009 Council member Lyles moved to approve items 2a thru 2h and 2j thru 2k. Council member Maloney seconded the motion, which carried 7-0. Council member Maloney abstained from item 2i. FOR: Mayor Ben White, Mayor Pro Tem Ruesink, Crompton, Massey, Maloney, Lyles and Stewart AGAINST: None ABSTAINED ITEM 2i: Council member Maloney 1. Presentation possible action and discussion of an ordinance providing for a special election on an ordinance submitted by petition, providing that camera enforcement of red light violations shall be unenforceable. Connie Hooks, City Secretary presented an ordinance calling special election on November 3, 2009 ballot for the purpose to submit question to voters regarding red light camera enforcement system in College Station and submitted as Section 83, initiative petition, providing that camera enforcement of red light violators shall be unenforceable. Council member Maloney moved to approve Ordinance No. 3199 for a special election submitted by petition. Council member Lyles seconded the motion, which carried 7 - 0. FOR: Mayor Ben White, Mayor Pro Tem Ruesink, Crompton, Massey, Maloney, Lyles, and Stewart AGAINST: None 3. Public hearing, presentation, possible action and discussion on the City of College Station 2009-2010 advertised ad valorem tax rate of $0.439400 per $100 valuation resulting in an increase in tax revenues. Also discussion and possible action on announcing the meeting date, time and place to adopt the tax rate. Jeff Kersten, Chief Financial Officer presented an overview of the FY ‘10 ad valorem tax rate and the first public hearing of the tax rate. Ad Valorem Tax Rate Current Tax Rate 43.9400 cents Effective Tax Rate 42.9033 cents Rollback Tax Rate 44.5815 cents Proposed Tax Rate 43.9400 cents Public Hearing Rate 43.9400 cents Proposed Tax Rate – Debt Service 22.9433 cents – General Fund 20.9967 cents – Total 43.9400 cents Shift from Debt Service to General Fund Funds the proposed General Fund budget. 12 Page | 4 City Council Minutes Thursday, August 27, 2009 Mayor White opened the public hearing: Dick Birdwell, 3 Forest Dr. spoke against the increase of ad valorem tax rate. James Woodall, 2902 Colton Pl., concurred with Dick Birdwell. Mayor White closed the public hearing. Mayor White announced that Council will vote on the ad valorem tax rate on Thursday, September 10, 2009, regular city council meeting at 7:00 p.m. in the Council Chambers at College Station City Hall. No formal action was taken. Bob Cowell, ACIP, Director of Planning and Development Services presented Council a resolution increasing fees for development review services in two phases. The first phase will be effective on October 1, 2009 and the second phase will be effective on October 2010. Staff recommended Council to approve this resolution. Council member Crompton moved to approve Resolution No. 08-27-09-02 of the increase of fees for development review services in two phases. Council member Maloney seconded the motion, which carried 6 - 1. FOR: Mayor Ben White, Mayor Pro Tem Ruesink, Crompton, Massey, Maloney, and Stewart AGAINST: Council member Lyles 4. Public hearing, presentation, possible action, and discussion on the City of College Station 2009-2010 Proposed Budget. Jeff Kersten, Chief Financial Officer, presented Council a brief overview of the 2009-2010 Proposed Budget. Mayor White opened the public hearing: Citizens speaking for a Senior Citizens Building: Joanna Yeager, 100 Mortier 1004 Clifford Linsey, 9100 Stonebrook Jean Roberts, 5007 Commonwealth Ct. Anne Hazen, 1309 Wilshire Ct. Citizens supporting the retention of Historic Programs full time position: Earl Apgar, 4413 Rocky Meadows Barbara Althaus, 2101 Hillside, Bryan Susan Irza, 605 Summerglen Dr. 2. Presentation, possible action, and discussion regarding a resolution of the City Council of the City of College Station, Texas repealing Resolution 8-23-2001-11.06 adopted on August 23, 2001 and establishing fees for development review applications, permits, and services provided by the Planning & Development Services Department and the Public Works Department. 13 Page | 5 City Council Minutes Thursday, August 27, 2009 Henry Dethloff, 8709 Bent Tree Tom Turbiville, 3205 Innsbruck Jerry Cooper, 602 Bell Street W.M.T. Harper, 4752 Tiffany Pk. Linda Harvell, 504 Guernsey Citizens supporting the Arts Council’s budget: Carol Wagner, President of the Arts Council, 203 Emberglow Beth Taylor, Executive Director of Arts Council, 422 University Oaks Mike Green, 824 Pine Valley Citizens against particular items within the FY10 proposed budget: Les Fiechtner, upset with the increase of baseball fees Buck Pruitt, encouraged Council to be more conservative. Mayor White closed the public hearing. No formal action was taken. 5. Public hearing, possible action, and discussion on an ordinance Budget Amendment #4 amending ordinance number 3114 which will amend the budget for the 2008-2009 Fiscal Year and authorizing amended expenditures in the amount of $1,623,743 and increase the number of regular full-time positions in the budget by two; and presentation, possible action and discussion on an interfund transfer. Jeff Kersten, Chief Financial Officer presented an overview of Amendment #4 amending the FY 09 Budget. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. Council member Crompton moved to approve Ordinance No. 3200 on Budget Amendment #4 for the FY’09 Budget in the amount of $1,623,743 and to increase the budget by two positions. . Council member Massey seconded the motion, which carried 7 - 0. FOR: Mayor Ben White, Mayor Pro Tem Ruesink, Crompton, Massey, Maloney, Lyles, and Stewart AGAINST: None 6. Public hearing, presentation, possible action, and discussion regarding an Ordinance amending Chapter 12, Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas changing the Zoning District Boundaries of 3.714 acres from R-1, Single-Family Residential and PDD, Planned Development District to PDD, Planned Development District located at 1600, 1600A, 1604, 1606A, 1608A, 1624, 1624A, 1626, 1626A, 1626B and 1628 Park Place and more generally located east of Scandia Apartments. Matt Robinson, Staff Planner presented staff report on a rezoning request of 3.714 acres from R-1, Single-Family Residential and PDD, Planned Development District to PDD, 14 Page | 6 City Council Minutes Thursday, August 27, 2009 Planned Development District located at 1600, 1600A, 1604, 1606A, 1608A, 1624, 1624A, 1626, 1626A, 1626B and 1628 Park Place and more generally located east of Scandia Apartments. Staff recommended approval. Planning and Zoning Commission unanimously recommended approval. Mayor White opened the public hearing. No one spoke. Mayor closed the public hearing. Council member Maloney moved to approve Ordinance No. 3201 to rezone 3.714 acres from R-1, Single-Family Residential and PDD, Planned Development District to PDD, Planned Development District located at 1600, 1600A, 1604, 1606A, 1608A, 1624, 1624A, 1626, 1626A, 1626B and 1628 Park Place located east of Scandia Apartments. Council member Stewart seconded the motion, which carried 7 - 0. FOR: Mayor Ben White, Mayor Pro Tem Ruesink, Crompton, Massey, Maloney, Lyles and, Stewart AGAINST: None Hearing no objections, Mayor White adjourned the meeting at 9:00 p.m. on Thursday, August 27, 2009. PASSED AND APPROVED September 10, 2009 ATTEST: _____________________________ City Secretary Connie Hooks APPROVED: ______________________________ Mayor Ben White 7. Adjourn. 15 September 10, 2009 Consent Agenda Item No. 2b Project Number WF1097966 Groundwater Well No. 8 To: Glenn Brown, City Manager From: Chuck Gilman, Director of Capital Projects Agenda Caption: Presentation, possible action, and discussion on a Construction Contract with Alsay Incorporated, in the amount of $2,236,250 for the construction of the Groundwater Well No. 8. Recommendation(s): Staff recommends approval of the construction contract. Summary: The scope of the Groundwater Well No. 8 is for construction of the water well. With the projected construction budget of $2,236,250 Alsay Incorporated was selected to construct the project because they were the lowest responsible bidder in response to the city’s solicitation of bids. Budget & Financial Summary: The budget for this project is currently $4,200,000. It is anticipated, however, that a total of $3,200,000 or less will be needed for the project. $394,869.30 has been expended on design and bidding. The construction portion of this budget has not yet been appropriated. Therefore, funds will be transferred from projects that have established budgets which are available for transfer due to delays or changes in priorities. $500,000 is currently appropriated for this project. $1,300,000 will be transferred from the Purchased Annexed Areas project, $900,000 from Raymond Stotzer West and $500,000 from Land Acquisition – Future Well Sites. The budgets for the Raymond Stotzer West and Land Acquisition project will be re-established in FY10. The revised project budget for the Well #8 project will be $3,200,000. A debt reimbursement resolution for the Well #8 project was approved by Council on October 23, 2008 when the engineering contract was awarded. Attachments: 1.) Resolution 2.) Project Location Map 3.) Summary of Bid Tabulation 16 17 18 Summary of Bid Tabulation ITB #09-84, Water Well No. 8 Opens: Thursday, August 13, 2009 @ 2:00 p.m. BIDDER TOTAL BASE BID TOTAL BASE BID + ALTERNATE BID ITEMS ACCEPTED Alsay Incorporated - Houston, TX $2,197,000.00 $2,236,250.00 Weisinger Water Well, Inc. - Conroe, TX $2,217,290.00 $2,254,260.00 W. W. Payton Corporation - Katy, TX $2,450,000.00 $2,497,850.00 Friedel Drilling Company - Hochheim, TX $4,763,720.00 $4,822,860.00 19 September 10, 2009 Consent Agenda Item No. 2c Change Order #1 to Water/Wastewater Master Plans To: Glenn Brown, City Manager From: David Coleman, Director of Water Services Agenda Caption: Presentation, possible action, and discussion regarding Change Order # 1 to Contract 08-099, Water/Wastewater Master Plan Study, with HDR Engineers, in the amount of $38,300.00. Recommendation: Staff recommends Council approve this change order. Summary: The Master Plan contract, 08-099, was approved by City Council on January 24, 2008 to update our 10 year old water and wastewater master plans. These master plans will be used to assist in determining system improvements and rehabilitation as areas develop or re-develop. These master plans will also be used to help determine City–wide Water and Wastewater Impact Fees should Council decide to implement such fees. Several important tasks were omitted from the original contract due to budget constraints. However, as the updated master plans have been developed and the impact fee study has progressed, it has become obvious that some of these tasks must be done. The completed study needs to compare the relative costs of possible alternative sludge handling methods with our current ATAD system, to ensure we are using the most cost-effective disposal method. Funds are available in the 2009 budget, and staff recommends this important aspect of the wastewater master plan be put back into the scope of the study. Budget & Financial Summary: Funds are available in the FY-09 Wastewater Operating Budget. Attachments: Change Order #1 20 21 CPR #1 City of College Station, TX 1 of 2 8/25/2009 CHANGE OF PROPOSAL REQUESTCHANGE OF PROPOSAL REQUESTCHANGE OF PROPOSAL REQUESTCHANGE OF PROPOSAL REQUEST NO. 1NO. 1NO. 1NO. 1 EXHIBIT EXHIBIT EXHIBIT EXHIBIT AAAAAAAA CITY OF COLLEGE STATIONCITY OF COLLEGE STATIONCITY OF COLLEGE STATIONCITY OF COLLEGE STATION WASTEWATER SYSTEMS INVESTIGATIONWASTEWATER SYSTEMS INVESTIGATIONWASTEWATER SYSTEMS INVESTIGATIONWASTEWATER SYSTEMS INVESTIGATION Task 3Task 3Task 3Task 3.0.0.0.0AAAA –––– Sludge ProcessSludge ProcessSludge ProcessSludge Processinginginging Alternatives Alternatives Alternatives Alternatives Additional Additional Additional Additional AnalysisAnalysisAnalysisAnalysis Reason for Change: Reason for Change: Reason for Change: Reason for Change: The City and Contractor entered into an Agreement on February 2, 2008, to perform engineering services. The City has requested additional services be performed by the Contractor. The terms and conditions therein remain unchanged other than those outlined in Exhibit AA, and any previously executed change orders. DescriptiDescriptiDescriptiDescription of Changeon of Changeon of Changeon of Change:::: Prepare revised Wastewater Facilities Planning Study Technical Memorandum (TM) to include planning level analysis of up to three additional sludge processing alternatives, as directed by the City Project Manager. The scope of work for the Sludge Processing Alternatives Additional Analysis is to: • Evaluate the combustion of sludge and yard waste at Carter’s Creek and Lick Creek Wastewater Treatment Plants (WWTPs). The planning level evaluation will include an energy recovery system for power generation and heat recovery. • Expand the anaerobic digestion evaluation to include: o an energy recovery system for power generation and heat recovery o a grease receiving station to directly feed brown grease to the anaerobic digesters • Increase capacity of the existing ATAD system at Carter’s Creek WWTP to include processing sludge received from the Lick Creek WWTP. Subtask 3Subtask 3Subtask 3Subtask 3AAAA----1 1 1 1 Technical MemorandumTechnical MemorandumTechnical MemorandumTechnical Memorandum The existing TM, Section 6.0: Sludge Treatment and Disposal Options, will be revised and include: • an evaluation of the additional three sludge processing options • a life cycle cost for all alternatives discussed • an update to the recommendations 22 CPR #1 City of College Station, TX 2 of 2 8/25/2009 Subtask 3Subtask 3Subtask 3Subtask 3AAAA----2222 OpinionOpinionOpinionOpinion of Probable Construction Costof Probable Construction Costof Probable Construction Costof Probable Construction Cost HDR will develop a planning level construction cost estimate for the additional sludge processing alternatives, and review and update the costs for the existing alternatives. The costs will be included in the TM. Subtask 3Subtask 3Subtask 3Subtask 3AAAA----3333 Life Cycle CostLife Cycle CostLife Cycle CostLife Cycle Cost HDR will develop a life cycle cost for all sludge processing alternatives and include in the TM. Equipment is assumed to have a 15 year life. Structures are assumed to have a 30 year life. Subtask 3Subtask 3Subtask 3Subtask 3AAAA----4 Deliverables4 Deliverables4 Deliverables4 Deliverables • Draft Technical Memorandum report for WW Task 3.0A (3 copies). • Final Technical Memorandum report for WW Task 3.0A (5 copies). Subtask 3Subtask 3Subtask 3Subtask 3AAAA----5 Workshops5 Workshops5 Workshops5 Workshops Two workshops are anticipated for Task 3.0A. Workshop #1: Task kickoff meeting to discuss goals and objectives. Collect sludge data. Workshop #2: This workshop would be at the draft submittal of the evaluation to present the report and findings, and receive City comments. SCHEDULESCHEDULESCHEDULESCHEDULE HDR will provide draft deliverables within the following timeframe from date of executed change order: Revised Wastewater Facility Planning Study TM 2 months FEEFEEFEEFEE HDR will perform the above outlined work for a not-to-exceed, lump sum fee of: Task 3.0A: Sludge Processing Alternatives Additional Analysis $38,300 23 September 10, 2009 Consent Agenda Item 2d Modified Advanced Funding Agreement with the Texas Department of Transportation for the State Highway 30 Widening Project To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion approving a modified Advance Funding Agreement with the Texas Department of Transportation (TxDOT) and the City of Bryan, to design and construct additional lanes on State Highway 30 from 4.20 miles west of F.M. 244 to 4.63 miles west of F.M. 244 and adjacent to the BVSWMA Twin Oaks Landfill site for the purpose of providing safe ingress and egress from said facility. Recommendation(s): Staff recommends approval of the modified Advance Funding Agreement. Summary: In order to issue a driveway permit for the Twin Oaks Landfill, the Texas Department of Transportation (TxDOT) is requiring BVSWMA to design and construct improvements on State Highway 30 in order to ensure safe vehicle ingress and egress to the facility. Improvements will consist of 3330 feet or 0.63 miles of deceleration and acceleration lanes, signage, and related infrastructure. BVSWMA’s participation rate will be at 100%, and no right-of-way acquisition or utility relocation will be required for this project. TxDOT has waived direct state costs such as plan review, inspection, and construction oversight expenses related to this project. The total construction cost for the project is an estimated $656,750. On May 18, 2009, the College Station City Council approved a TXDOT AFA for the State Highway 30 Widening Project, and the Bryan City Council approved the agreement on May 26, 2009. However, while the agreement was being routed at TXDOT, their legal counsel determined that the entity description was not suitable for execution. TXDOT changed all references to the Cities from ‘Local Governments’ to ‘City of Bryan and the City of College Station’ and returned the modified document to the Cities with the original executed signature sheet attached. The modifications to the document do not change the terms and conditions of the agreement, and only clarify the names of the municipal entities that will be participating in the project. Budget & Financial Summary: Funding for this Advance Funding Agreement is available in the BVSWMA Capital Improvements Fund. Attachments: 1. Modified Advance Funding Agreement 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 September 10, 2009 Consent Agenda Item No. 2e Contract Renewal w/ Envirosolve To: Glenn Brown, City Manager From: Mark Smith, Director of Public Works Agenda Caption: Presentation, possible action, and discussion regarding renewal of contract #08-084 with Envirosolve and the City of College Station and City of Bryan to provide Household Hazardous Waste collection services in an amount not to exceed $229,510.00. Recommendation(s): Staff recommends approval of the contract renewal. Summary: Envirosolve was the successful bidder for a 2008 annual contract to supply the Cities with collection and disposal services for household hazardous waste. The total cost of all services provided under contract #08-084 may not exceed One Hundred Fourteen Thousand Seven Hundred Fifty-Five and No/100 Dollars ($114,755.00) for completed and accepted work for each collection event held during the term of said contract as set forth and adjusted in accordance with the terms of the contract documents; provided, however, that the total maximum expenditure for the total number of collection events shall not exceed Two Hundred Twenty-Nine Thousand Five Hundred and no/100 Dollars ($229,510.00). This 2009 renewal is the first of two optional annual renewals of the 2008 contract #08-084. This agreement will be good for the term of November 14, 2009 through November 14, 2010. Budget & Financial Summary: Funds are available and budgeted in the Brazos Valley Solid Waste Management Agency. This purchase exceeds $50,000, thus requiring approval by both College Station and Bryan City Councils as per the BVSWMA mediated settlement between the two cities. Attachments: 1. Renewal Letter 47 mNEWAL ACCEPTANCE By signing herewith, I acknowledge and agree to renew contract No. 08-084, for Household Hazardous Waste Collection Services in accordance with all terms and conditions previously agreed to and accepted. I understand this renewal term will be for the period beginning October 20,2009 through October 19,20 10 ENVIROSOLVE, INC. 4 - - AFMORIZED REPRESENTATIVE CITY OF COLLEGE STATION Mayor ATTEST: City Secretary APPROVED: 3-1 cl-09 DATE DATE DATE DATE DATE Chief Financial Officer DATE 48 STATE OF TEXAS, CORPORATE ACKNOWLEDGMENT COUNTY OF -. This instrument was acknowledged on the barn& 6. ~&KI. in hisher capacity as Vlh of en Y irclsOl~e , JMC, . a h /ar+by~(state) Corporation, on behalf of said cornoration. ~iate of Texas ACKNOWLEDGMENT COUNTY OF BRAZOS This instrument was acknowledged on the day of ,2009, by , in the capacity as Mayor of the City of College Station, a Texas home-rule municipality, on behalf of said municipality. Notary Public in and for the State of Texas 49 CITY OF BRYAN Mayor ATTEST: City Secretary APPROVED: City Manager City Attorney Chief Financial Officer STATE OF TEXAS COUNTY OF BRAZOS DATE DATE DATE DATE DATE ACKNOWLEDGMENT This instrument was acknowledged on the day of ,2009, by , in the capacity as Mayor of the City of Bryan, a Texas home-rule municipality, on behalf of said municipality. Notary Public in and for the State of Texas 50 HHW Collection Services BID #08-88 Cancellation The City reserves the right to cancel this contract or any portion thereof immediately should supplier's delivery or service be unsatisfactory or for suppliers failure to comply with terms stated in contract. Certification Bids must be completed and submitted on the form included within the specifications of this bid. Certification of Bid must be fully completed. Collusion Advanced disclosures of any information to any particular bidder which gives that particular bidder any advantage over any other interested bidder in advance of the opening of bids, whether in response to advertising or an informal request for bids, made or permitted by a member of the governing body or an employee or representative thereof, will cause to void all proposals of that particular bid solicitation or request. Communication The City shall not be responsible for any verbal communication between any employee of the City and potential bidder(s). Only written specifications and price quotations will be considered. Confidentialitv Public agencies in Texas are subject to the Public Information Act. Deliverv All prices quoted shall be F.O.B. City of College Station. No freight or delivery charges will be accepted unless shown on bid. Exceptions The bidder will note any exceptions to the conditions of this bid. If no exceptions are stated, it will be understood that all general and specific conditions will be complied with, without exception. Extension of Contract Upon completion of the term of the original contract and mutual agreement of both parties, the contract may be extended for up to two (2) additional one (1) year terms [three (3) years total]. In the event a new contract cannot be executed at the anniversary date of the original term or any renewal term, the contract may be renewed month-to-month until a new contract is executed. Financial Condition Contractor must provide audited financial statements, if requested, to the City. Fiscal Funding This contract includes fiscal funding provisions. If, for any reason, funds are not appropriated to continue this contract, said contract shall become null and void. Page 4 of 25 51 1101 Texas Avenue College Station, EX 77840 www.cstx.gov ANNUAL PRICE AGREElVIENT AND SPECIFICATIONS FOR HOUSEHOLD HAZARDOUS WASTE COLLECTION SERVICES BID #O8-88 BID OPENING DATE: AUGUST 18,2008 @2:00 P.M. CST Bids will be received at the City of College Station Purchasing Department, 1 101 Texas Avenue, College Station, TX 77842, until Monday, August 18, 2008, at 2:00 p.m. CST, and publicly opened and read aloud at City Hall, 1101 Texas Avenue, College Station, TX. Any questions concerning the bid should be directed to Cynthia Sciulli, C.P.M., Buyer, Purchasing Services Division, 979.764.3437. Clearly mark return bid envelope with Bid # and Bid Opening Date. INTRODUCTION Bids are solicited for Household Hazardous Waste Collection Services with the following definitions, term and conditions of bidding. Should this bid contain the City's standard contract terms, conditions and insurance requirements, they will be attached as Exhibit A. The bid will be for the categorization, packaging, manifesting, transporting, and disposal of household hazardous waste (HHW) in accordance with Federal, State, and Local environmental regulations on behalf of the Brazos Valley Solid Waste Management Agency (BVSWMA). BVSWMA is a solid waste management agency jointly owned by the Cities of College Station and Bryan and operated for the Cities by College Station under the authority of an interlocal cooperation agreement and is hereinafter referred to in this bid as "BVSWMA". BVSWMA is planning a series of HHW collection events for at least two weekends during a twelve (12) month period. The first collection will be held October 4, 2008 and the second event will be Spring 2009. The collections events will take place regardless of weather conditions. This program will give the citizens of College Station and Bryan and other cities within the Brazos Valley region an environmentally safe and convenient method to dispose of hazardous household wastes. NOTE: Bid opportunities are posted on our website at www.cstx.gov. Some bids, but not all, are conducive to receipt of bids via the City of College Station's On-Line Bidding System. These bids are encrypted and remain effectively locked until the due date and time. If you 52 September 10, 2009 Consent Agenda Item No. 2f Agreement with Emergicon for Ambulance Billing Services To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action and discussion on an Agreement for Services with Emergicon to provide ambulance billing services in an amount not to exceed $75,000. Recommendation(s): Staff recommends the approval of the Agreement for Services with Emergicon. Summary: A total of 7 responses were received on an RFP for ambulance billing services. Interviews with a staff team were held with 3 firms, and Emergicon was the top ranked firm. This Agreement for Services provides ambulance billing services for the City’s EMS operation. This billing is currently being performed by National Reimbursement Services (NRS). Ambulance billing is unique in that it requires specialized knowledge, training, and software in order to code the transports for billing, and it requires a tremendous amount of follow-up after the bill is sent to work with Medicare, Medicaid, and private insurance companies. Dealing with patient confidential information necessitates specialized training in federal HIPPA and Privacy Act legislation compliance. Budget & Financial Summary: Funds are available in the General Fund - Accounting Division. The fee that will be charged for all new bills is 5% of the amount collected. The current service provider, NRS, is receiving 7% of the amount collected. Attachments: Contract #09-260 is available in the City Secretary’s Office. 53 September 10, 2009 Regular Agenda Item No. 1 Fiscal Year 2009 - 2010 Budget Adoption To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on an ordinance adopting the City of College Station 2009-2010 Budget; and presentation, possible action and discussion ratifying the property tax increase reflected in the budget. Recommendation(s): Staff recommends the City Council approve the ordinance adopting the proposed 2009-2010 budget with any changes the Council wishes to include. A summary of changes the City Council has discussed will be presented to the Council for consideration. Staff also recommends the Council ratify the property tax increase reflected in the budget. Summary: There are two actions in this agenda item. First is the consideration of the 2009 - 2010 proposed budget. The City Council received the proposed budget on August 17, 2009 and held budget workshops on July 7, August 17, and August 20. The City Council held a public hearing on the proposed budget on August 27. The charter requires that the City Council adopt a budget no later than September 27. The City Council will need to include any proposed revisions to the budget in the motion to adopt the budget. The second action is ratification of the property tax increase reflected in the budget. This action is required due to legislation approved in 2008. House Bill 3195 amends the local government code to say the following: "(c) Adoption of a budget that will require raising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26, Tax Code, or other law." The proposed budget will result in additional property tax revenues over last year totaling $1,563,007, or 7.1%, and of that amount $909,109 is tax revenue to be raised from new property added to the tax roll this year. The proposed tax rate is $0.4394 per $100 assessed valuation which is the same as the FY 2008-2009 tax rate. Budgetary and Financial Summary: The following is an overall summary of the proposed budget. Subtotal Operation and Maintenance: $206,289,546 Subtotal Capital: 53,210,063 Total Proposed Budget: $259,499,609 Attachments: 1. FY 10 Budget Ordinance 54 55 56 57 58 59 60 September 10, 2009 Regular Agenda Item No. 2 Ad Valorem Tax Rate Adoption To: Glenn Brown, City Manager From: Jeff Kersten, Chief Financial Officer Agenda Caption: Presentation, possible action, and discussion on approval of an ordinance adopting the City of College Station 2009-2010 advertised ad valorem tax rate of $0.439400 per $100 assessed valuation, the debt service portion being $0.229433 per $100 assessed valuation and the operations and maintenance portion being $0.209967 per $100 assessed valuation. Recommendation(s): Adopt tax rate of $0.439400 per $100 assessed valuation, the debt service portion being $0.229433 per $100 assessed valuation and the operations and maintenance portion being $0.209967 per $100 assessed valuation. Summary: The Texas Property Tax Code requires that if an entity wishes to increase tax revenues over the effective tax rate then that entity must call and hold two public hearings on the proposed tax rate. The City Council called public hearings on a tax rate of $0.439400 per $100 assessed valuation. Following each public hearing the City Council announced the meeting date, time and place to adopt the tax rate. The two public hearings were held on August 27 and on September 1. If the City Council wishes to adopt a tax rate above the effective tax rate of $0.429033 cents per $100 assessed valuation, the motion to adopt such a tax rate will need to be stated as follows: "I move that property taxes be increased by the adoption of a tax rate of $0.439400 per $100 assessed valuation, which is effectively a 2.416364 percent increase in the tax rate". The current tax rate of $0.439400 per $100 assessed valuation was used to prepare the proposed budget. If the City Council adopts a tax rate lower than the current rate, the budget will have to be amended and reduced. Budgetary and Financial Summary: The current tax rate of $0.43940 per $100 assessed valuation will generate approximately $23.71 million. The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. The property tax revenue also provides funds for the TIF in Wolf Pen Creek. For the current tax rate of $0.439400 per $100 assessed valuation, the debt service portion is $0.229433 per $100 assessed valuation and the operations and maintenance portion is $0.209967 per $100 assessed valuation. Attachments: 1. Tax Rate Ordinance - $0.4394 per $100 assessed valuation 61 ORDINANCE NO AN ORDINANCE LEVYING THE AD VALOREM TAXES FOR THE USE AND SUPPORT OF THE MUNICIPAL GOVERNMENT OF THE CITY OF COLLEGE STATION TEXAS AND PROVIDING FOR THE GENERAL DEBT SERVICE FUND FOR THE YEAR 200910AND APPORTIONING EACH LEVY FOR THE SPECIFIC PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION TEXAS SECTION 1 That there is hereby levied and there shall be collected for the use and support of the municipal government of the City of College Station Texas and to provide General Debt Service for the 200910 fiscal year upon all property real personal and mixed within the corporate limits of said city subject to taxation a tax of forty three and ninety four hundredths cents 0439400 on each one hundred dollar 10000 valuation of property and said tax being so levied and apportioned to the specific purpose herein set forth 1 For the maintenance and support of the general government General Fund twenty and ninety nine hundredths and sixty seven thousandths cents 0209967 on each one hundred dollar 10000 valuation of property and 2 For the general obligation debt service Debt Service Fund twenty two and ninety four hundredths and thirty three thousandths cents 0229433 on each one hundred dollars 10000 valuation of property to be used for principal and interest payments on bonds and other obligations of the fund SECTION II All moneys collected under this ordinance for the specific items therein named shall be and the same are hereby appropriated and set apart for the specific purpose indicated in each item and the Assessor and Collector of Taxes and the Chief Financial Officer shall keep these accounts so as to readily and distinctly show the amount collected the amounts expended and the amount on hand at any time belonging to such funds It is hereby made the duty of the Tax Assessor and Collector to deliver a statement at the time of depositing any money showing from what source such taxes were received and to what account General Fund or General Debt Service Fund the funds were deposited Section III THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEARS TAX RATE THE TAX RATE WILL EFFECTIVELY BE RAISED BY 2416364AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A 100000 HOME BY APPROXIMATELY 1662 SECTION IV That this ordinance shall take effect and be in force from and after its passage PASSED AND APPROVED THIS 10th DAY OF September 2009 APPROVED Mayor ATTEST City Secretary APPROVED ity Attorney 62 September 10, 2009 Regular Agenda Item No. 3 Electric Rate Ordinance To: Glenn Brown, City Manager From: David Massey, Director of Electric Utilities Agenda Caption: Presentation, possible action, and discussion regarding an ordinance amending Chapter 11, “Utilities” Section 4, “Electric Service” of the Code of Ordinances of the City of College Station, Texas having the effect of raising revenues for electric services approximately nine percent (9%). Recommendation(s): Staff recommends approval of the ordinance. Summary: The attached ordinance authorizes the implementation of a rate increase to raise revenues by approximately nine percent (9%). This rate increase is necessary to cover increased wholesale power costs resulting from higher fuel, transmission and administrative fees in the Electric Reliability Council of Texas (ERCOT) market. In addition, the rate increase is necessary due to CSU system expansion projects associated with transmission, substation and distribution. Budget & Financial Summary: The proposed rates will increase revenues by approximately nine percent (9%) and are needed to continue to meet financial policies and bond covenants. Attachments: 1. Electric Rate Ordinance 63 64 65 66 67 68 69 70 71 72 September 10, 2009 Regular Agenda Item No. 4 2429 Earl Rudder Freeway South - Rezoning To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion regarding 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 changing the zoning district boundaries of an area consisting of 14.27 acres located at 2429 Earl Rudder Freeway, north of Raintree Drive, from R-1 Single-Family Residential and A-O Agricultural Open to PDD Planned Development District. Recommendation(s): The Planning and Zoning Commission recommended approval of the amendment and the associated Concept Plan (including the requested meritorious modifications as shown on the Plan) with the condition that neither restaurants nor drive- thrus of any kind be permitted. The motioned passed by a vote of 4 to 1 at their August 20th meeting. Staff recommended approval of the PDD Planned Development District as presented with the exception of the requested modification to Section 8.2.A.7.e of the Unified Development Ordinance that would allow Appomattox Drive to remain a dead-end street. The City has current sanitation service issues in this location and anticipated fire service issues if the need arises. Staff recommended a turn-around at the end of Appomattox Drive. Summary: The Unified Development Ordinance provides the following review criteria for zoning map amendments: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: With the adoption of the City’s Comprehensive Plan, the subject property was designated Suburban Commercial and Natural Areas – Reserved. The Suburban Commercial designation is intended for commercial activities that cater primarily to nearby residents and are areas that tend to be small in size and located adjacent to major roadways. The design of these structures is compatible is size, roof type and pitch, architecture, and lot coverage with the surrounding single-family residential uses. The Natural Areas – Reserved designation is intended for areas that should be preserved for their natural function or open space qualities. The PDD Planned Development District proposes open space on the north side of the property and neighborhood commercial uses on the south side of the property. Since the adoption of the Comprehensive Plan, City staff has begun the process of creating new zoning districts to better implement the form-based nature of the new Land Use and Character Map. During the interim, the PDD Planned Development District is the most appropriate zoning district to implement the Suburban Commercial land use designation. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: In July, the City hosted a meeting 73 with the developer and neighborhood representatives from the Windwood and Raintree subdivisions. The purpose of the meeting was to discuss issues of land use compatibility, buffering, building placement and architectural compatibility. Approximately 10 neighborhood representatives were in attendance. The proposed land uses and concept plan reflect the agreements that were reached during the meeting. 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 would permit the following land uses: natural areas of floodplain and open space; sit-down restaurants without drive-thru facilities (aggregate square footage up to 22,000); professional offices; medical clinics; banks, pharmacies and dry cleaners (all with drive-thru options); and other neighborhood retail uses or personal service shops that could serve the surrounding area. The subject property is located along and takes access to Earl Rudder Freeway (SH 6). A large portion of the property is proposed to remain undeveloped for floodplain protection. The property is suitable for the development of neighborhood commercial uses. 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 R-1 Single Family Residential and A-O Agricultural Open which would generally allow for the development of single-family homes. Because of the limited area zoned for single-family development, the large amount of floodplain on the property, and access to State Highway 6, single-family development may not be the most appropriate use of the property. 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: Because few lots could be developed on the property and an extensive amount of infrastructure and fill would be necessary in this area, marketability of the property for single-family development may be limited. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The subject tract is located adjacent to a 12-inch water main that runs along State Highway 6. The subject tract is located adjacent to a 15-inch sanitary sewer main which runs through the middle of the property, west to east. The subject tract is located in the Wolf Pen Creek Drainage Basin and is encroached by a FEMA-regulated Special Flood Hazard Area, Zone AE, with base flood elevation established, per FEMA FIRM Panel 144C & 163D. The subject tract will take access from State Highway 6 (Freeway/Expressway) pending TxDOT approval. A Traffic Impact Analysis (TIA) was completed for this project. Based on the trip generation of 50 VPH or more for the proposed driveway, a right turn deceleration lane will have to be provided as mitigation on the State Highway 6 northbound frontage road. The proposed driveway should be located at the furthest southern most location on subject tract in order to provide enough weaving distance for traffic wanting to get on the entrance ramp to State Highway 6. REVIEW OF CONCEPT PLAN The following land uses are proposed for the PDD: natural areas of floodplain and open space; sit-down restaurants without drive-thru facilities (aggregate square footage up to 74 22,000); professional offices; medical clinics; banks, pharmacies and dry cleaners (all with drive-thru options); and other neighborhood retail uses or personal service shops that could serve the surrounding East Bypass area. The applicant has provided the following information related to the purpose and intent of the proposed zoning district: “The PDD zoning district will allow the development of this tract to include restaurant, retail and office uses compatible with the adjacent neighborhood while also acknowledging freeway frontage that is attractive to retail and restaurant users. Issues of concern can be addressed through collaboration by the developer, existing nearby residents and the City. There will be a maximum of three restaurants in the development. The pad sites may contain retail office or restaurant uses. The aggregate square footage of uses will not exceed that which results in a total number of trip ends greater than 319 PM peak hour trips. According to the UDO, for this site, an acceptable level of service is maintained up to 319 trip ends as per the Traffic Impact Analysis. At the detailed site plan stage, as specific square footage is allocated per lot, trip ends will be reviewed based on the specific use to ensure aggregate trip ends to not exceed 319 in the PM peak hour. “The type, scale and design of the buildings will be more residential in character in that there will be no flat roof lines. Buildings shall not exceed 35 feet in height to the highest point of the roof. Maximum number of stories for restaurant or retail uses will be one-story and for office uses will be 2.5 stories. Any use having a drive-thru facility that may occur on the pad site nearest Raintree will have the drive-thru located on the north side of the building. Pedestrian access to the development from the adjacent neighborhood will be provided. Vehicular connectivity is not desired from this development via Appomattox by either this developer or the neighborhood residents. “The developer has met with the City’s Greenways Manager and is currently negotiating transfer of the majority of the existing floodplain portion of the tract and will be consolidating development on the southern portion. There will be a 15-foot buffer area adjacent to the neighborhood. Any parking lot lighting adjacent to the Raintree property line will utilize back light deflectors to preclude light from spilling over the property line.” Through the PDD, the applicant is requesting meritorious modifications to the following: 1. Section 8.2.A.7.e “Dead-End Streets” of the Unified Development Ordinance The applicant is requesting to allow Appomattox Drive to remain as a dead-end street and requests that no vehicular access be provided between this development and the Raintree subdivision through Appomattox. 2. Section 7.6.F “BufferStandards” of the Unified Development Ordinance The applicant is requesting to allow flexibility in the design of the landscape buffer adjacent to the Raintree subdivision. The buffer area is proposed to be 15 feet in width, but the location of the wall will vary (up to 15 feet from the property line) to protect existing natural vegetation. Any canopy trees (4” caliper or larger) located in the buffer area, up to 12 feet away from the property line, that are removed during construction will be replaced with one or more canopy trees equaling the tree points removed. The goal of the buffer area will be the preservation of existing vegetation in lieu of specific buffer plantings. 75 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 applicant has proposed neighborhood retail uses. City staff, the developer, and representatives from the Windwood and Raintree neighborhoods met in July to discuss issues of land use, building, and site compatibility. The proposal is the result of the discussion during that meeting. The large majority of the floodplain, as well as areas outside of the floodplain, will remain as open and undeveloped. 2. The proposal is in conformity with the policies, goals, and objectives of the Comprehensive Plan, and any subsequently adopted Plans, and will be consistent with the intent and purpose of this Section: The proposed concept plan is in conformity with the policies, goals and objectives of the Comprehensive Plan. The Future Land Use and Character Map calls for Suburban Commercial and Natural Areas – Reserved in this area, which is what is currently proposed on the concept plan. 3. The proposal is compatible with existing or permitted uses on abutting sites and will not adversely affect adjacent development: The proposed development calls for neighborhood retail uses that are proposed to be compatible in scale, size, roof pitch and architecture with the adjacent single-family residential. Approximately half of the property is in the floodplain and will remain undeveloped. 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: No dwelling units are proposed with this development. 5. The development includes provision of adequate public improvements, including, but not limited to, parks, schools, and other public facilities: The development includes a provision for public pedestrian access from the end of Appomattox Drive in Raintree to the proposed development. 6. The development will not be detrimental to the public health, safety, welfare, or materially injurious to properties or improvements in the vicinity: The concept plan includes protection of the floodplain. In addition, the concept plan includes a 15-foot buffer that will help preserve the natural vegetation along the property line adjacent to Raintree Subdivision. 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: A Traffic Impact Analysis (TIA) was completed for the proposed development. Based on the trip generation of 50 VPH or more for the proposed driveway, a right turn deceleration lane will be provided as mitigation on the State Highway 6 northbound frontage road. A public pedestrian access has been provided on the concept plan that will extend from the end of Appomattox Drive in Raintree to the proposed development. Budget & Financial Summary: N/A 76 Attachments: 1. Background Information 2. Aerial & Small Area Map (SAM) 3. Concept Plan 4. Draft Planning & Zoning Commission Minutes – August 20, 2009 5. Ordinance 77 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: August 20, 2009 Advertised Council Hearing Dates: September 10, 2009 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: Raintree HOA Windwood HOA Property owner notices mailed: 24 Contacts in support: None as of date of staff report Contacts in opposition: None as of date of staff report Inquiry contacts: One as of date of staff report. ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Natural Areas - Reserved & General Commercial PDD Planned Development Floodplain & Academy South Restricted Suburban & Suburban Commercial R-1 Single Family Raintree Subdivision & Vacant along SH 6 East Natural Areas - Reserved A-O Agricultural Open Vacant West Highway N/A Earl Rudder Freeway (SH 6) DEVELOPMENT HISTORY Annexation: 1971 and 1977 Zoning: Front portion zoned R-1 Single Family Residential upon annexation Rear portion zoned A-O Agricultural Open upon annexation Final Plat: Unplatted Site development: Vacant 78 79 80 81 August 20, 2009 P&Z Regular Meeting Minutes Page 1 of 2 MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, August 20, 2009, 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Acting Chairman Scott Shafer, Doug Slack, Paul Greer, Mike Ashfield, Tom Woodfin, and Hugh Stearns COMMISSIONERS ABSENT: Chairman John Nichols and Tom Woodfin CITY COUNCIL MEMBERS PRESENT: Dennis Maloney and Larry Stewart CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Jason Schubert, Staff Planner Matthew Hilgemeier, Planning Intern Felix Landry, Assistant City Engineer Josh Norton, City Engineer Alan Gibbs, Transportation Planning Coordinator Joe Guerra, Greenways Program Manager Venessa Garza, Graduate Engineer Donald Harmon, Budget/Management Analyst Courtney Kennedy, Assistant IT Director Erin Provazek, Senior Parks Planner Pete Vanacek, Planning Administrator Molly Hitchcock, Assistant Director Lance Simms, Director Bob Cowell, First Assistant City Attorney Carla Robinson, Action Center Representative Kerry Mullins, and Staff Assistant Brittany Caldwell Regular Agenda 7. Public hearing, presentation, possible action, and discussion regarding a Rezoning from R-1 Single-Family Residential and A-O Agricultural Open to PDD Planned Development District for 14.27 acres located at 2429 Earl Rudder Freeway South, generally located 300 feet northwest of the intersection of Raintree Drive and Earl Rudder Freeway. Case #09-00500139 (JP) Jennifer Prochazka, Senior Planner, presented the Rezoning and recommended approval of the PDD Planned Development District with the exception of the requested modification to Section 8.2.A.7.e of the Unified Development Ordinance that would allow Appomattox Drive to remain a dead-end street. She stated that the City has current sanitation service issues in the location and anticipated fire service issues if the need arises. She said that staff recommends a turn-around at the end of Appomattox Drive. There was general discussion regarding the Rezoning. Acting Chairman Scott Shafer opened the public hearing. 82 August 20, 2009 P&Z Regular Meeting Minutes Page 2 of 2 Jane Kee, IPS Group, stated that she thought that an agreement had been reach with Raintree at the neighborhood meeting that was held. She said that the Rezoning is appropriate for the Suburban Commercial designation. Commissioner Stearns said that he did not feel like the development was neighborhood appropriate. Susan Irza, 605 Summerglen Drive, College Station, Texas; John and Sherry Ellison, 2705 Brookway Drive, College Station, Texas; Adrian Vogel, 2218 Raintree Drive, College Station, Texas; Myra Bright, 7701 Sherman Court, College Station, Texas; Charles Hamilton, 7714 Appomattox, College Station, Texas; Robert Striker, 2501 Antietam Drive, College Station, Texas; Mr & Mrs. Alton Sorell, 7704 Sherman Court, College Station, Texas; Ronald Ross, 7717 Appomattox, College Station, Texas; Mark Buxkemper, 7708 Sherman Court, College Station, Texas; Simaan Shini, 7715 Appomattox, College Station, Texas; Paul Pausky, 2510 Sumter, College Station, Texas. Some of the concerns of the citizens were the smells that come from restaurants, traffic generated by restaurants, crime, noise, neighborhood integrity and the turn-around at Appomattox. Acting Chairman Scott Shafer closed the public hearing. Commissioner Ashfield asked if coffee shops and ice cream shops would be considered sit-down restaurants. Ms. Prochazka stated that coffee shops and ice cream shops would be considered sit- down restaurants. Commissioner Greer stated the he was concerned that the traffic generated by students was not included in the Traffic Impact Analysis since it was completed in July. Joe Guerra, Transportation Planning Coordinator, stated that the Traffic Impact Analysis that was completed for the subject tract also added a 15% increase to account for the traffic generated by students. He said that the numbers given in the Traffic Impact Analysis were comparable to the East College Station Transportation Study that was completed in 2007 before the 15% increase. He said that there was an increase of 881 vehicles per day from when the East College Station Transportation Study was completed until now. Commissioner Stearns motioned to recommend approval of the Rezoning as submitted with the condition that sit-down restaurants and banks, pharmacies and dry cleaners with drive-thru options are not permitted. Commissioner Slack seconded the motion, motion passed (4-1). Commissioner Ashfield was in opposition. 83 84 85 86 87 88 89 90 September 10, 2009 Regular Agenda Item No. 5 1270 Harvey Mitchell Parkway – Rezoning To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion regarding an Ordinance amending Chapter 12, Section 4.2, “Official Zoning Map” of the Code of Ordinances of the City of College Station, Texas changing the Zoning District Boundaries of 3.364 acres from R-1 Single-Family Residential to R-4 Multi-Family and A-O Agricultural Open located at 1270 Harvey Mitchell Parkway. Recommendation(s): The Planning and Zoning Commission recommended approval of the amendment as presented by Staff by a vote of 4 to 1 at their August 20th meeting. Staff also recommended approval with the condition that the subject tract provides a shared driveway to Harvey Mitchell Parkway with the adjacent lift station and 6.2-acre tract. The driveway and access is to meet the requirements of a TxDOT driveway permit, Unified Development Ordinance Section 7.3 Access Management and Circulation, and the City’s fire lane standards. Summary: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The subject tract is designated as Urban and Natural Areas – Reserved on the Comprehensive Plan Future Land Use and Character Map. It is also located within Growth Area VI which states that the “growth area should be used for intense land use activities including general commercial, office uses, townhomes, high-density apartments, and vertical mixed use. Single-family uses (excluding townhomes) should be prohibited from this area due to issues of incompatibility.” While multi-family is one of the broad range of uses that can be contemplated for this tract, it is important to consider the implications of any particular one given the context of its relationship to the surrounding area and properties. These implications will be further discussed in the other Review Criteria items. The Comprehensive Plan states that Natural Areas – Reserved are “generally for areas that represent a constraint to development and that should be preserved for their natural function or open space qualities. These areas include floodplains and riparian buffers, as well as recreational facilities.” A portion of the request lies within the floodplain and is being rezoned with this request to A-O Agricultural Open to be retained for its natural function. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The majority of the nearby properties are zoned and developed as multi-family uses. The 6.2-acre tract to the northwest is zoned R-1 Single-Family Residential but is vacant and utilized for minor agricultural uses and a City sanitary sewer lift station. To the south and west is a tract over 500 acres in size owned by Texas A&M University and zoned C-U College and University. Current facilities in the vicinity on the A&M tract include the Poultry Science Center and some 91 A&M Sanitation facilities. The proposed request is not immediately adjacent to the A&M tract as a 0.765 remainder of the original tract will remain zoned R-1 Single-Family Residential and provide a buffer ranging from 85 to 115 feet in depth. This remainder portion is heavily encumbered by floodplain and easements. The closest portion of the proposed request is over 450 feet away from the existing A&M Sanitation facilities, about 1,000 feet away from the Poultry Science Center, and about a half mile from Disaster City training facilities (See Figure 1). These distances provide sufficient buffer between these industrial type uses and future multi-family uses on the subject tract. In May 2008, a Comprehensive Plan Amendment to Residential Attached (multi-family) for the adjacent 6.2 acre tract was recommended for denial by Staff and denied by Council. The denial was largely based on the incompatibility of any type of residential uses in immediate proximity to these facilities. This request, however, has a significant more amount of distance from these uses and would be compatible with other uses in the area. Figure 1: Distance of Request from Texas A&M Facilities 3. Suitability of the property affected by the amendment for uses permitted by the district that would be made applicable by the proposed amendment: Like other multi-family uses in the area, the subject tract is located along Harvey Mitchell Parkway, a freeway on the Thoroughfare Plan. With the R-4 Multi-family district having a maximum density of 20 multi-family units per acre, up to 63 multi-family units could potentially be developed with this 3.178-acre request. As discussed later, the subject tract will have access to Harvey Mitchell Parkway at an unsignalized location and therefore traffic safety is a concern for this or any other potential use. The subject tract has approximately a five percent slope from Harvey Mitchell Parkway down to the back of the request. Typically residential buildings have more flexibility in their footprint and layout than non-residential uses and buildings and can better incorporate existing slopes and grades. Though 63 units would be possible, building 92 layout, number of bedrooms per unit, parking, landscaping and other site requirements may constrain the total number units. The Comprehensive Plan designates Harvey Mitchell Parkway as Primary Image Corridor though no specific plans have been developed to address this designation. Streetscaping consisting of one canopy tree for every 25 feet of frontage will be required of any proposed use. 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: Upon annexation into the City in 1970, the subject tract is zoned R-1 Single-Family Residential. As stated in the Urban land use designation description, single-family residential should be prohibited from the area due to issues of incompatibility. In addition, single family uses are not desirable on this tract as it is located along Harvey Mitchell Parkway, a freeway on the Thoroughfare Plan, and in close proximity to Easterwood Airport. 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 current owner purchased a portion of the subject tract in February of this year and has submitted this request to enhance the marketability of the property for multi-family uses. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: The subject tract will be served by the City of College Station for water, sanitary sewer and electric utilities. The tract is located adjacent to an 18-inch water main which runs along Harvey Mitchell Parkway and a 10-inch main which runs along the eastern property line. The subject tract is located adjacent to an 18-inch sanitary sewer main which runs across the rear portion of the property. The subject tract is located in the Whites Creek Drainage Basin and is encroached by a FEMA-regulated Special Flood Hazard area, Zone AE, with base flood elevations established, per FEMA FIRM Panel 182C. The subject tract will take access off Harvey Mitchell Parkway (FM 2818), a freeway on the Thoroughfare Plan, and require TxDOT approval. Based on the size of the rezoning, a traffic impact analysis (TIA) is not required with this request and will not likely be required at the time of site plan. A map of Existing Traffic Volumes in the Comprehensive Plan shows this roadway has over 40,000 trips per day, though Levels of Service A or B have been maintained as of 2007. In October 2007, the City installed traffic signals on Harvey Mitchell Parkway at the intersections with Luther Street West and Holleman Drive. The subject tract and the adjacent 6.2-acre tract to the northwest do not have access to either of these signalized locations, though they will likely benefit from breaks in traffic resulting from them. A driveway to the City’s sanitary sewer lift station is also located on the adjacent tract. The consolidation of driveways in this area of Harvey Mitchell Parkway will help to mitigate traffic safety issues. Budget & Financial Summary: N/A Attachments: 1. Background Information 2. Aerial & Small Area Map (SAM) 3. Draft Planning and Zoning Commission Minutes, August 20, 2009 4. Ordinance 93 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: August 20, 2009 Advertised Council Hearing Dates: September 10, 2009 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: None Property owner notices mailed: Five Contacts in support: None Contacts in opposition: One, letter in opposition from Texas A&M University System Inquiry contacts: Two ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Thoroughfare - Highway N/A Harvey Mitchell Parkway South Texas A&M University C-U Texas A&M sanitation area East Urban and Natural Areas- Reserved R-4 and A-O Multi-family West Urban R-1 Vacant DEVELOPMENT HISTORY Annexation: 1970 Zoning: R-1 (upon annexation) Final Plat: Not Platted Site development: Vacant 94 95 96 August 20, 2009 P&Z Regular Meeting Minutes Page 1 of 2 MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, August 20, 2009, 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Acting Chairman Scott Shafer, Doug Slack, Paul Greer, Mike Ashfield, Tom Woodfin, and Hugh Stearns COMMISSIONERS ABSENT: Chairman John Nichols and Tom Woodfin CITY COUNCIL MEMBERS PRESENT: Dennis Maloney and Larry Stewart CITY STAFF PRESENT: Senior Planners Jennifer Prochazka and Jason Schubert, Staff Planner Matthew Hilgemeier, Planning Intern Felix Landry, Assistant City Engineer Josh Norton, City Engineer Alan Gibbs, Transportation Planning Coordinator Joe Guerra, Greenways Program Manager Venessa Garza, Graduate Engineer Donald Harmon, Budget/Management Analyst Courtney Kennedy, Assistant IT Director Erin Provazek, Senior Parks Planner Pete Vanacek, Planning Administrator Molly Hitchcock, Assistant Director Lance Simms, Director Bob Cowell, First Assistant City Attorney Carla Robinson, Action Center Representative Kerry Mullins, and Staff Assistant Brittany Caldwell 1. Call meeting to order. Acting Chairman Scott Shafer called the meeting to order at 7:05 p.m. 6. Public hearing, presentation, possible action, and discussion regarding a Rezoning from R-1 Single-Family Residential to R-4 Multi-Family and A-O Agricultural Open for 3.364 acres located at 1270 Harvey Mitchell Parkway. Case #09-00500140 (JS) Jason Schubert, Senior Planner, presented the Rezoning and recommended approval with the condition that the subject tract provide a shared driveway to Harvey Mitchell Parkway with the adjacent lift station and 6.2-acre tract. The driveway and access is to meet the requirements of TxDOT driveways and Unified Development Section 7.3 Access Management and Circulation. There was general discussion regarding the shared driveway. Acting Chairman Scott Shafer opened the public hearing. 97 August 20, 2009 P&Z Regular Meeting Minutes Page 2 of 2 Fred Bayliss, 7610 River Ridge, stated that the Rezoning was consistent with the Comprehensive Plan and the 6.2-acre tract would provide a buffer to Texas A&M’s property. Acting Chairman Scott Shafer closed the public hearing. Commissioner Stearns stated that he would like to encourage a connection with Parkway Place Apartments to create a better connected community. Commissioner Ashfield motioned to recommend approval of the Rezoning with the condition that the subject tract provide a shared driveway to Harvey Mitchell Parkway with the adjacent lift station and 6.2-acre tract that meets the requirements of TxDOT requirements and the Unified Development Section 7.3 Access Management and Circulation. Commissioner Stearns seconded the motion, motion passed (4-1). Commissioner Greer was in opposition. 9. Adjourn. Commissioner Greer motioned to adjourn the meeting. Commissioner Ashfield seconded the motion, motion passed (5-0). Meeting adjourned at 10:20 p.m. Approved: ____________________________________ John Nichols, Chairman Planning and Zoning Commission Attest: _____________________________________ Brittany Caldwell, Staff Assistant Planning and Development Services 98 99 100 101 102 103 104 105 September 10, 2009 Regular Agenda Item No. 6 UDO Amendment – Wolf Pen Creek Signage To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion on an ordinance amending the Unified Development Ordinance, Section 5.6.A.11 regarding signage in the Wolf Pen Creek District. Recommendation(s): The Planning and Zoning Commission considered this item at their September 3rd meeting and unanimously recommended approval with minor technical amendments. Staff recommended approval. Summary: On July 9, 2009, the City Council directed the Planning & Development Services staff to bring an ordinance forward that would allow projection signs within the Wolf Pen Creek District. This amendment allows projection signs for all types of development, which includes residential, non-residential, and mixed-use developments. The projection sign standards are modeled after those allowed in NG-1 Core Northgate and NG-2 Transitional Northgate, and would allow the signs to be affixed to the face of a building. In addition, projection signs are proposed to be allowed on light poles located on private property. As with any proposed sign in the Wolf Pen Creek District, the Design Review Board is the final authority on the design and integration of the sign in the development. This amendment would be added to Section 5.6.A Wolf Pen Creek District where other site design standards are listed. Staff held a stakeholder meeting on July 30th for all property and business owners in Wolf Pen Creek to present the proposal and gather feedback. Staff received several comments regarding the size of the sign and allowable materials. These comments were taken into consideration when drafting the proposed amendment. Budget & Financial Summary: N/A Attachments: 1. Proposed ordinance amendment 2. Map of the Wolf Pen Creek District 106 107 108 109 H a r v e y R d Texas Av H o l l e m a n D r D a r t m o u t h S t M a n u e l D r D o m i n i k D r S o u t h w e s t P w C o l g a t e D r U n i v e r s i t y O a k s B l B r e n t w o o d D r George Bush Dr Central Park Ln S t e r l i n g S t R i c h a r d s S t F r o nta g e 6 R d Munson AvGilchrist A v Stalli n g s D r Cypress Dr A z a l e a C t C ornell Dr Eastmark Dr Colgat e C r C a m e l l i a C t Athens Dr Central Park Ln George Bush Dr Rhett B u t l e r D r A shburn A v Lassie Ln P a r k P l a c e O nra m p 6 Crest St Teal St Hickory Dr Olympia Wy Walton D r Williams St L a n s i n g C t F r o nta g e 6 R d Wolf Pen Creek District 110 September 10, 2009 Regular Agenda Item No. 7 Presentation, Possible Action, and Discussion Regarding Approval of a Resolution Establishing the Sale Price of Cemetery Spaces for the College Station Municipal Cemetery System To: Glenn Brown, City Manager From: Marco A. Cisneros, Director, Parks and Recreation Department Agenda Caption: Presentation, possible action, and discussion regarding approval of a resolution establishing the sale price of cemetery spaces for the College Station Municipal Cemetery System. Recommendation(s): During the Cemetery Advisory Committee meeting of August 19, 2009, the Committee made a recommendation to the City Council to maintain the current price structure for the cemetery system. The current price structure is: College Station Cemetery Memorial Cemetery of College Station Municipal Aggie Field of Honor -Standard space $950 -Standard space $950 $2,000 -Cremate space $300 -Columbaria niche $600 $1,200 -Infant space $150 -Infant space $150 N/A Staff recommends the following price structure which is partially reflected in the Pro Forma developed for the Memorial Cemetery of College Station. The Pro Forma has yearly increases for spaces within the Memorial Cemetery of College Station. The Staff recommendation also includes price increases for infant and cremate spaces that are not addressed in the Pro Forma. The Staff recommended price structure is: College Station Cemetery Memorial Cemetery of College Station Municipal Aggie Field of Honor -Standard space $1,125 -Standard space $1,125 $2,350 -Cremate space $350 -Columbaria niche $690 $1,380 -Infant space $175 -Infant space $175 N/A Summary: The price structure of cemetery spaces in the College Station Municipal Cemetery System establishes the same price for like cemetery spaces at both of the City’s cemeteries. The only differences in sale prices between the two cemeteries is that only the College Station Cemetery has cremate spaces for sale, and only the Memorial Cemetery has columbaria niches for sale. Budget & Financial Summary: the approval of this resolution is needed so that the College Station Municipal Cemetery system can continue its efforts to meet its financial obligations for the new fiscal year. Attachments: 1. Resolution #______________ 2. College Station Cemetery Advisory Committee Minutes 8/19/2009 3. College Station Benchmark Cities Cemetery Space Price Comparison (This attachment will be provided at the Council meeting.) 111 112 113 114 115 September 10, 2009 Regular Agenda Item No. 8 Designating Chair to Council Transportation Committee To: Glenn Brown, City Manager From: City Manager’s Office Agenda Caption: Presentation, possible action, and discussion designating the chair of the Council Transportation Committee. Recommendation(s): N/A Summary: The Council Transportation Committee is a subcommittee of the Council tasked with studying and making recommendations of transportation issues in College Station. In the past, the Chair of this committee has been a Council member designated by the City Council. The current Council members on this committee are: Council members Dennis Maloney James Massey Larry Stewart Budget & Financial Summary: N/A Attachments: N/A 116