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HomeMy WebLinkAbout03/13/2008 - Regular Agenda Packet - City Council (3) Mayor Councilmembers Ben White John Crompton Mayor Pro Tem James Massey Ron Gay Lynn McIlhaney City Manager Chris Scotti Glenn Brown David Ruesink Agenda College Station City Council Regular Meeting Thursday, March 13, 2008 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. ON BEHALF OF THE CITIZENS OF COLLEGE S TATION, HOME OF TEXAS A&M UNIVERSITY , WE WILL CONTINUE TO PROMOTE AND ADVANCE THE COMMUNITY'S QUALITY OF LIFE. 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 approval of City Council workshop and regular meeting minutes, February 28, 2008. b. Presentation, possible action and discussion regarding the approval of a resolution to update the Interlocal Agreement for Emergency Medical Ambulance Service to respond to emergencies in Brazos County and to establish the annual fee for FY 2008 at $175,000. 1 City Council Regular Meeting Page 2 Thursday, March 13, 2008 c. Presentation, possible action, and discussion regarding a Resolution approving a Real Estate Contract to transfer ownership of 1119 Georgia Street, an undeveloped residential lot, to the local Habitat for Humanity affiliate. d. Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of a construction contract (Contract Number #08-063) with R.M. Dudley Construction in the amount of $1,127,628.00, for the construction of University, Edelweiss Gartens, and Woodland Hills Neighborhood Parks. e. Presentation, possible action, and discussion regarding a three year professional services contract with McCord Engineering, Inc. for $1,800,000.00 for electrical engineering services. 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 regarding an ordinance annexing property within the City of College Station’s extraterritorial jurisdiction under the exempt status. 2. Public hearing, presentation, possible action, and discussion on a Comprehensive Plan Amendment from Retail Neighborhood and Single-Family Residential, Medium Density to Single-Family Residential, High Density for 10.44 acres located at 2950 Rock Prairie Road West generally located west of the intersection with Old Wellborn Road on the north side of Rock Prairie Road West. 3. Public hearing, presentation, possible action, and discussion on an ordinance rezoning Glenhaven Subdivision Phase 1 and 3 to apply a Neighborhood Prevailing Overlay (NPO) for those properties located on Summerglen Drive between University Drive East and Glenhaven Drive. 4. Public hearing, presentation, possible action, and discussion on a rezoning from A-O, Agricultural Open to C-1, General Commercial for a 28.34 acres tract located at 3990 and 3994 University Drive East located approximately 1600 feet west of the intersection of University Drive East and SH 30. 2 City Council Regular Meeting Page 3 Thursday, March 13, 2008 5. 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, March 13, 2008 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 10th day of March, 2008 at 2:30 pm. 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 March 10, 2008 at 2:30 pm 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 ________________, 2008. By______________________________________ Subscribed and sworn to before me on this the _____day of ________________, 2008. ______________________________ 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. 3 Mayor Council members Ben White John Crompton Mayor Pro Tem James Massey Ron Gay Lynn McIlhaney City Manager Chris Scotti Glenn Brown David Ruesink Draft Minutes City Council Workshop Meeting Thursday February 28, 2008 at 3:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor White, Mayor Pro Tem Gay, Council members Crompton, Massey, Scotti, Ruesink, McIlhaney STAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team. Mayor White Called meeting to order at 3:00 p.m. Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the consent agenda. No discussion was held Workshop Agenda Item No. 2 -- Presentation, possible action and discussion on an update of the city’s Red Light Camera Program and approval of a citizen replacement for the Red Light Camera Citizen Advisory Committee. Introduced by Mark Smith, Director of Public Works Troy Rother, Assistant City Engineer, presented to the council agendas to provide an update on the city’s red light camera program, including the distribution of funds to regional trauma centers A motion was made by Council member Crompton to appoint Charles Rognon to the Red Light Enforcement Citizen Advisory Committee. Seconded by Council member Massey which carried 5-0 FOR: Mayor White, Massey, Crompton, McIlhaney, and Ruesink AGAINST: None Absent: Mayor Pro Tem Gay and Council member Scotti 4 Workshop Minutes 2-28-08 Page 2 Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion regarding trends for next year’s legislative session and beginning the process of creating the City’s 2009 State Legislative Action Plan. Mayor Pro Tem Gay arrived to the meeting Introduced by Kathy Merrill, Assistant City Manager Dan Shelley, City’s State Legislative Lobbyist presented updates to the Council on expected legislative trends for the 2009 session, affecting Texas Municipalities. No formal action taken Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion regarding growth management including the Comprehensive Plan, regulations in the ETJ, and infill practices. Bob Cowell, AICP, Director of Planning and Development Services presented to the council an update on staff’s recent activities in an effort to implement Council’s direction regarding growth management and to seek additional direction from the Council. Bob Cowell briefly discussed the recommendations on how this discussion is incorporated into the Comprehensive Plan Updates, the content and timeline for proposed UDO and Subdivision Regulations amendments, citizen and stakeholder engagement, and efforts at promoting infill development within the City. Recommendation 1. Proceed w/ 20 acres, etc. – Could be delivered March 27th 2. Send discussion to CPAC – Immediate delivery 3. Proceed w/ limited scope and CPAC – Could be delivered March 27th 4. Other options Council member Scotti arrived at 4:00 p.m. A motion was made by Mayor Pro Tem Gay to send growth management issues for the comprehensive plan back to CPAC. Seconded by Council member McIlhaney which carried 4-3. FOR: Mayor White, Gay, McIlhaney, and Scotti AGAINST: Massey, Crompton, and Ruesink Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion on an ordinance amending Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance Section 7.9.B.6 (Traffic Impact Analysis), Section 7.9.H (Submittal Requirements) and adding Section 7.12 (Traffic Impact Analysis). Bob Cowell, AICP, Director of Planning and Development Services presented an overview of the UDO amendment pending on the Regular Agenda regarding traffic 5 Workshop Minutes 2-28-08 Page 3 impact analysis. Recommendation to approve the amendment to the UDO to incorporate the proposed TIA language as requested by the Council and as recommended for approval by the P&Z Commission. Proposed Ordinance ●Incorporates existing TIA ordinance language ●Establishes standardized trip generation rates for Rezoning TIA’s ●Requires neighborhood street analysis in some instances No formal action taken Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion concerning the City Internal Auditor’s Purchasing Card Audit Report. Ty Elliott, City Internal Auditor presented a brief overview of the audit findings on the purchasing card program; including ten audit recommendations. Mr. Elliott emphasized that the recommendations would strengthen internal controls to help ensure the future success of the purchasing card program. A motion was made by Mayor Pro Tem Gay to approve the audit report as presented. Seconded by Council member McIlhaney which carried 7-0. FOR: Mayor White, Gay, Massey, Crompton, Ruesink, Scotti, and McIlhaney AGAINST: None Workshop Agenda Item No. 7 -- Presentation, possible action, and discussion concerning the 2005 Bike Loop project preliminary design. Introduced by Mark Smith, Director of Public Works Chuck Gilliam, Capital Improvement Director briefly discussed the 2005 Bike Loop project preliminary design. This project included several projects that will benefit pedestrians and the biking community, including Phase III of the College Station Bike Loop Project, the Bee Creek crossing, and Longmire Drive Pedestrian Improvements. Direction was given for staff to refer to record archives on the public hearings for this project. A motion was made by Mayor Pro Tem Gay to move forward with the 2005 Bike Loop project. Motion died for lack of second. Workshop Agenda Item No. 8 -- Council Calendar. Council reviewed their upcoming events Workshop Agenda Item No. 9 -- Presentation, possible action, and discussion on future agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the 6 Workshop Minutes 2-28-08 Page 4 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. No future item requests. Workshop Agenda Item No. 10 -- Discussion, review and possible action regarding the following meeting: Arts Council Subcommittee of the Council, Audit Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Cemetery Committee, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning Organization, Outside Agency Funding Review, Parks and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley Partnership, Regional Transportation Committee for Council of Governments, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning Board of Adjustments (Notice of Agendas posted on City Hall Bulletin Board). No reports made. Workshop Agenda Item No. 11 -- Executive Session will immediately follows the workshop meeting in the Administrative Conference Room. At 5:46 p.m., Mayor White announced in open session that the City Council would convene into executive session pursuant to Sections 551.071 and 551.087 of the Open Meetings Act, to seek the advice of our attorney with respect to pending and contemplated litigation, and economic development negotiations. Consultation with Attorney {Gov’t Code Section 551.071}; The City Council may seek advice from its attorney regarding a pending and 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: Application with TCEQ in Westside/Highway 60 area, near Brushy Water Supply Corporation. Civil Action No. H-04-4558, U.S. District Court, Southern District of Texas, Houston Division, College Station v. U.S. Dept. of Agriculture, etc., and Wellborn Special Utility District. Cause No. GN-502012, Travis County, TMPA v. PUC (College Station filed Intervention 7/6/05) Sewer CCN request. 7 Workshop Minutes 2-28-08 Page 5 Legal aspects of Water Well and possible purchase of or lease of another water site. Civil Action No. H-04-3876, U.S. District Court, Southern District of Texas, Houston Division, JK Development v. College Station. Cause No. 06-002318-CV-272, 272nd Judicial District Court, Brazos County, Texas, Taylor Kingsley v. City of College Station, Texas and Does 1 through 10, inclusive. Cause No. 485-CC, County Court at Law No. 1, Brazos County, Texas, City of College Station v. David Allen Weber, et al. Bed & Banks Water Rights Discharge Permits for College Station and Bryan Cause No. 07-001241-CV-361, 361st Judicial District Court, Brazos County, Texas Gregory A. & Agnes A. Ricks v. City of College Station Water CCN request Economic Incentive Negotiations {Gov’t Code Section 551.087}; possible action The City Council may deliberate on commercial or financial information that the City Council has received from a business prospected that the City Council seeks to have locate, stay or expand in or near the city with which the City Council in conducting economic development negotiations may deliberate on an offer of financial or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject (s) may be discussed: a. University Town center. Workshop Agenda Item No. 12 -- Action on executive session, or any workshop agenda item not completed or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if necessary. No formal action taken Workshop Agenda Item No 13 -- Adjourn. Workshop meeting concluded prior to regular meeting. PASSED and APPROVED, this 13th day of March, 2008 APPROVED: ________________________________ Mayor Ben White ATTEST __________________________________ City Secretary, Connie Hooks 8 Mayor Council members Ben White John Crompton Mayor Pro Tem James Massey Ron Gay Lynn McIlhaney City Manager Chris Scotti Glenn Brown David Ruesink ______________________________________________________________________ Draft Minutes City Council Regular Meeting Thursday, February 28, 2008 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor White, Mayor Pro Tem Gay, Council members Crompton, Massey, Scotti, and Ruesink STAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation Hear visitors. Mayor White called the meeting to order at 7:00 p.m. He led the audience in the Pledge of Allegiance. Mayor Pro tem Gay provided the invocation. Mayor White gave a presentation and presented Chief R.B. Alley a proclamation for the Fire Department declaring the week of February 24 – March 1, 2008 Severe Weather Awareness Week. Gene Haple presented the Fire Department a sign declaring thr City of College Station a storm ready City. Hear Visitors Marianne Oprisko, 11282 Hickory #6, CS, voiced concerns about city’s compliance with annexation service plans. Consent Agenda 2a – 2p Regular Agenda Item No. 2 -- Presentation, possible action and discussion of consent agenda items which consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent agenda by majority vote of the Council. 9 Regular Minutes 2-28-08 Page 2 a. Approval of minutes for special meeting December 4, 2007, workshop and regular meetings February 14, 2008. b. Approval of a contract with Motorola Inc. for equipment and services to support Rebanding of the City's 80MHz Radio System in an amount not to exceed $258,191.28. c. Approval of the ratification of Change Order 2 to contract 07-213 with Brazos Valley Services in the amount of $37,953.50 to improve drainage at the Carter's Creek wastewater treatment plant. d. Approval of a Need Resolution No. 2-28-08-2d for the easements related to the Tauber and Stasney Streets Rehabilitation Project. The easements are along the east and west borders of Tauber Street and Stasney Street between University Drive and Cherry Street. e. Approval of a Change Order 1 to Contract 07-085 with Malcolm- Pirnie in the amount of $28,981 to provide engineering design services to add fiber optic conduit to the bid package for the Well 7 Collection Line. f Approval of the renewal of a contract with Dan Shelley for state legislative and consulting services in the amount of $48,000 g. Approval of a contract with Meyers & Associates for federal legislative and consulting services in the amount of $78,000 plus expenses. h. Approval of a Resolution No. 2-28-08-2h to award Contract 08-099 to HDR Engineers, Inc. in the amount of $102,900 for a Socio-Economic Impact study to determine the potential results of large groundwater exports from Brazos and Robertson Counties. i. Approval of an Inter-Local Agreement with the City of Bryan to share the cost of a Socio-Economic Impact study on groundwater exports. j. Approval of the purchase of a set of refurbished compactor wheels to be used by the Brazos Valley Solid Waste Management Agency's 8366 compactor in the amount of $85,237.00. k. Approval of awarding an annual price agreement to Superior Crushed Stone, LC in an amount not to exceed $500,200 for three types of crushed stone to be used by BVSWMA, Public Works and College Station Utilities. 1. Approval of the racial profile report required annually by Senate Bill 1074, of the Texas 77th legislative session. m. Approval of Ordinance No. 3048 amending Chapter 10, "Traffic Code," Section 2.C of the Code of Ordinances of the City of College Station changing the traffic control at 10 Regular Minutes 2-28-08 Page 3 the intersection of Dartmouth Street and Krenek Tap Road from one-way stop controlled operation to four-way stop controlled operation. n. Approval of Resolution No. 2-28-08-2n approving an interlocal government agreement between the City of College Station and the College Station ISD, for the purpose of ordering a general election to be held on May 10, 2008 for the purpose of electing three City Council members to Places 1, 3, and 5 and school board of trustees, Positions 6 and 7, o. Approval to Release of the Deed of Trust as executed by College Station Game day, L.L.C. to the City of College Station to secure the original Economic Development Agreement. p. Approval of Resolution No. 2-28-08-2p determining needs that identifies properties needed for the Northgate Redevelopment Project. q. Approval of Resolution No. 2-28-08-2q declaring intention to reimburse certain expenditures with proceeds from debt for the Southwood Valley Little League Light project. A motion was made by Mayor Pro tem Gay to approve consent agenda items 2a – 2q. Seconded by Council member Scotti which carried 7-0. FOR: Mayor White, Crompton, Massey, Gay, McIlhaney, Scotti, and Ruesink AGAINST: None Regular Agenda Item No. 1 – Presentation, possible action, and discussion regarding annexation development agreements. Introduced by Bob Cowell, AICP, Director of Planning & Development Services Lance Simms, Assistant Director, Planning and Development Services presented to Council the opportunity to approve six annexation development agreements (five in annexation Area 2 and one in annexation Area 6) Shannon Schunicht addressed Council about tree preservation. A motion was made by Mayor Pro tem Gay to approve the annexation development agreements and seconded by Council member Scotti which carried 7-0 FOR: Mayor White, Ruesink, McIlhaney, Scotti, Massey, Gay, and Crompton AGAINST: None Regular Agenda Item No. 2 – Presentation, possible action, and discussion regarding an ordinance annexing several properties within the City of College Station’s extraterritorial jurisdiction under the exempt status. 11 Regular Minutes 2-28-08 Page 4 Introduced by Bob Cowell, AICP, Director of Planning and Development Services Lance Simms, Assistant Director, Planning and Development Services presented an ordinance that provides for the annexation of six areas based on direction received from Council at the February 14 Workshop. The total size of all six annexation areas is approximately 2,800 acres. Mayor White opened the floor for public comments. The following persons opposed Annextion: Brenda Ross-1414 Peach Creek Cut off, area 5 Phillip Ross-1414 Peach Creek Cut off, area 5 Ginger Melton-1425 Peach Creek Cut off, area 5 F. Schroeder-Box 500 Wellborn, area 4 Bill Mather-5213 Cascades Dr., area 5 Matthew Hernandez-4901 Greens Prairie, area 4 Rick Young-5250 Hidden Acres Dr. Wellborn, area 4 Bonita Daily-15097 Royder Rd. Wellborn, area 4 Jerome Becker-15203 Post Oak Bend Wellborn, area 4 Fred Brown-supporting Wellborn, area 4 Paul Greer-9100 Waterford Wellborn, area 4 Sherry Kovar-13822 Apricot Glen, area 6 Karen Hall-5918 Hwy 21 Bryan Elsie Wade-P.O. Box 67, Wellborn, area 4 Vicki Franze-P.O. Box 270, Wellborn, area 4 Gwen Hattaway-15165 FM 2154 Wellborn, area 4 Verta Beasley-P.O. Box 167 (5040) Wellborn, area 4 Jane Cohen-3655 McCullough Rd. Wellborn, area 4 Gary Shaffer-19191 Hwy 6, area 5 Elizabeth Smith-P.O. Box 312 Wellborn, area 4 Linda Hale-4042 Cody Dr. Wellborn, area 4 Anna Burrell-9100 Waterford Wellborn, area 4 Ann Hernandez-Wellborn. area 4 Following the conclusion of public input, council made the following decision points: Area 1 (102 acres) all council approved all annexed. Area 2 (209 acres) all council approved all annexed. Area 3a (35 acres) (Teal blue areas) Mayor White, McIlhaney, Gay, Crompton, Scotti, Ruesink ,and Massey approved, Mayor Pro Tem Gay against 6-1. Area 3b (784 acres) Mayor White, McIlhaney, Gay, Crompton, Scotti, Ruesink, and Massey approved, Mayor Pro Tem Gay against 6-1. 12 Regular Minutes 2-28-08 Page 5 Area 4 (Creek Meadows and Wellborn Oaks areas only) Mayor White Massey McIlhaney Scotti, and Ruesink approved, Mayor Pro Tem Gay and Council member Crompton against 5-2. Area 5 everything south of Peach Creek cut off will not be in the annex plan Mayor White and Council member Crompton, Mayor approved Mayor Pro Tem Gay, Massey, Mcilhaney, Ruesink, and Scotti against 2-5 (None of area 5 was annexed as amended) Area 6 (50 acres) Mayor White, McIlhaney, Gay, Crompton, Scotti, Ruesink, and Massey approved, Mayor Pro Tem Gay against 6-1. A motion was made by Council member Massey to approve Ordinance No. 3049 on the annexation of areas A1, A2, A3, A4 and 7. Motion also included the rejection of the petitions submitted for annexation in the three year plan. Seconded by Council member Crompton which carried 6-1. FOR: Mayor White, Crompton, Massey, Scotti, McIlhaney, and Ruesink AGAINST: Mayor Pro Tem Gay Regular Agenda Item No. 3 – Public hearing, presentation, possible action, and discussion on an ordinance rezoning 5.7 acres located at 3101 Texas Avenue generally located northeast of the intersection of Deacon Drive and Texas Avenue from PDD, Planned Development to PDD, Planned Development in order to add Vehicle Rental as an accessory use. Introduced by Bob Cowell, AICP, Director of Planning and Development Services Lindsay Boyer, Staff Planner and Jane Kee, Applicant Representative presented to the council the recommendations of the Planning and Zoning Commission. P&Z voted 5-2 to recommend approval with conditions at their February 12th meeting. Staff recommended approval to rezone the property located at 3101 Texas Avenue to add vehicle rental as a use for the existing PDD development. (Generally located northeast of the intersection of Deacon Drive and Texas Avenue from PDD.) Mayor White opened the public hearing. Residents on Mile Drive spoke in opposition: David Borsack, 108 Mile Drive Al Bormann, 113 Mile Drive Darrel A. Davis, 115 Mile Drive Property owner, Ray Drake, 11844 Hollow Street Main, Cypress, Texas, explained his request. Mayor White closed the public hearing. A motion was made by Council member Massey to deny the rezoning of 3101 Texas Avenue and seconded by Crompton which carried 5-2. 13 Regular Minutes 2-28-08 Page 6 FOR: Mayor White, Massey, Crompton, McIlhaney, and Ruesink AGAINST: Mayor Pro Tem Gay, and Scotti Regular Agenda Item No. 4 – Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance Section 7.9.B.6 (Traffic Impact Analysis), Section 7.9.H (Submittal Requirements) and adding Section 7.12 (Traffic Impact Analysis). Bob Cowell, AICP, Director of Planning and Development Services presented the traffic Impact Analysis currently required as a portion of the nonresidential architectural standards for projects meeting specific thresholds. The P&Z Commission voted 5-2 at their February 14, 2008 meeting to approve recommendation with the conditions of a reduction of the threshold requiring TIA’s for areas designed as “Redevelopment” on the land Use Plan in the Comprehensive Plan Mayor White opened the public hearing. Karen Mitchell, of Mitchell Planning and representative of Bryan College Station Association, requested council to table this item. Sherry Ellison: 2705 Brookway Drive, supports traffic impact analysis Randy French: 4301 Capstone Hugh Stearns: 316 Suffolk Steve Arden: 411 Cecilia Loop Mayor White closed the public hearing. Derek Dictson, Planning and Zoning Commission, recapped the decision by P&Z to oppose the ordinance. A motion was made by Council member Crompton to approve the as submitted ordinance. Seconded by Council member McIlhaney. Council member Massey amended the motion to refer this item back to Planning & Zoning Commission. Seconded by Council member Ruesink which carried 5-2. FOR: Mayor White, Gay, Massey, Ruesink, and Scotti AGAINST: Crompton, McIlhaney Mayor White called for a vote on the motion as amended. Motion carried 7-0. FOR: Mayor White, Gay, Massey, Ruesink, Scotti, McIlhaney, and Crompton AGAINST: None Regular Agenda Item No. 11 – Public hearing, presentation, possible action, and discussion on a resolution calling a special election to be held on May 10, 2008 for the purpose of a voter consideration of a tax freeze limiting the amount of ad valorem taxes imposed on the residential homestead of a person who is 65 years of 14 Regular Minutes 2-28-08 Page 7 age or older in the City of College Station; and providing for publication of said notice. Introduced by Connie Hooks, City Secretary Jeff Kersten, Chief Financial Officer, presented the fiscal impact of this tax limitation on City of College Station financial conditions, in the event the proposition is adopted by the voters. Connie Hooks, City Secretary, presented a resolution for the purpose of authorizing a special election to be held on May 10, 2008 for voter consideration of the constitutional amendment authorizing a tax freeze Senior Tax Ceiling. A motion was made by Mayor Pro Tem Gay to approve Resolution No. 2-28-08-11 for the senior tax freeze election on May 10, 2008. Seconded by Council member Scotti which carried 7-0. FOR: Mayor White, Gay, Massey, Ruesink, Scotti, Crompton, and McIlhaney AGAINST: None Regular Agenda Item No. 5 – Public hearing, presentation, possible action, and discussion on an ordinance rezoning from PDD, Planned Development District to PDD, Planned Development District in order to add a car wash facility as an accessory use for 0.778 acres located at 1910 Texas Avenue South generally located along Texas Avenue South between Holleman Drive and Park Place. Bob Cowell, AICP, Director of Planning and Development Services presented the recommendation of Planning and Zoning to approve with the condition the rezoning of the property located at 1910 Texas Avenue South so that the applicant can add an automated car wash facility as a use for the existing PDD development (HEB Fuel Center). Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3050 for the rezoning of property located at 1910 Texas Avenue South. Seconded by Council member Scotti which carried 7-0. FOR: Mayor White, Massey, Gay, McIlhaney, Scotti, Ruesink, and Crompton AGAINST: None Regular Agenda Item No. 6 – Public hearing, presentation, possible action, and discussion on a ordinance amending the Comprehensive Plan to realign Holleman Drive, Jones-Butler Road and Dowling Road along the south side of Harvey Mitchell Parkway, located at 1430 Harvey Mitchell Parkway. 15 Regular Minutes 2-28-08 Page 8 Introduced by Bob Cowell, AICP, Director of Planning and Development Services. Crissy Hartl, Staff Planner, presented briefly the Comprehensive Plan Amendment to realign Holleman Drive, Jones-Butler Road and Dowling Road along the south side of Harvey Michell Parkway, located at 1430 Harvey Mitchell Parkway. Also, the Planning and Zoning Commission voted 7-0 to recommend the approval of the Comprehensive Plan Amendment. Mayor White opened the public hearing. Veronica Morgan, Mitchell and Morgan engineers, representing the developer was present to answer questions from City Council. Mayor White closed the public hearing A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3051 on the realignment of Holleman Drive, Jones-Butler Road and Dowling Road along the south side of Harvey Mitchell Parkway, located at 1430 Harvey Mitchell Parkway. Seconded by Council member Scotti which carried 7-0. FOR: Mayor White, Gay, Scotti, McIlhaney, Massey, Crompton, and Ruesink AGAINST: None Regular Agenda Item No. 7 – Public hearing, presentation, possible action, and discussion on an ordinance amending the Comprehensive Land Use Plan for 10.434 acres from Single-Family Residential, Low Density to Residential Attached located at 3180 Cain Road generally located southwest of the intersection of Cain Road and Jones Butler Road in the City’s ETJ. Introduced by Bob Cowell, AICP, Director of Planning and Development Services. Lindsay Boyer, Senior Staff Planner, presented an ordinance amending the Comprehensive Land Use Plan for 10.434 acres from Single-Family Residential, Low Density to Residential. Attached located at 3180 Cain Road generally located southwest of the intersection of Cain Road and Jones Butler Road in the City’s ETJ. The Planning and Zoning Commission recommended denial at their February 12th meeting through a failed motion to recommend approval of Single Family Residential, High Density. Mayor White opened the public hearing. Joe Schultz: 3208 Innsbrook, CS, Engineer for project briefly explained how townhomes will follow the guidelines in the zoning unlike the apartments. Whitt Lightsey, 9753 Whispering Ridge, CS, manage the current duplexes and he described the benefit of townhouse development in the new annexed area 3b. Mayor White closed the public hearing. A motion was made by Council member Scotti to approve Ordinance No. 3052 on the rezoning of 10.434 acres located at 3180 Cain Road generally located southwest of the 16 Regular Minutes 2-28-08 Page 9 intersection of Cain Road and Jones Butler Road in the City’s ETJ. Seconded by Mayor Pro Tem Gay which carried 7-0. FOR: Mayor White, Gay, Crompton, McIlhaney, Ruesink, Scotti, and Massey AGAINST: None Regular Agenda Item No. 8 – Public hearing, presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10, “Traffic Code,” to restrict parking on the alley south of the 4200 Block of Alexandria Avenue. Introduced by Mark Smith, Director of Public Works Alan Gibbs, City Engineer, briefly presented an ordinance amending Chapter 10 “Traffic Code,” to restrict parking on the alley south of the 4200 Block of Alexandria Avenue temporarily from March 8, 2008 to March 8, 2009. Mayor White opened public hearing. Wallace Phillips, 13720 Oak Creek Road, CS, requested the restricted parking for driveway construction. Mayor White closed public hearing. A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3053 amending Chapter 10 “Traffic Code,” on restricting parking temporarily from March 8, 2008 to March 8, 2009. Seconded by Council member Massey which carried 7-0. FOR: Mayor White, Massey, Gay, Crompton, McIlhaney, Scotti, and Ruesink AGAINST: None Regular Agenda Item No. 9 – Public hearing, presentation, possible action, and discussion of an ordinance amending Chapter 10 “Traffic Code”, to remove parking along Patricia Street and a section of Lodge Street. Introduced by Mark Smith, Director of Public Works. Troy Rother, Assistant City Engineer, requested item no. 9 and 10 be discussed together. (Council concurred) Rother briefly presented two ordinances to amend Chapter 10 “Traffic Code,” to remove parking along Patricia Street and a section of Lodge Street, and changing Patricia Street one way from Lodge to College Main. Regular Agenda Item No. 10 – Presentation, possible action, and discussion of an ordinance amending Chapter 10 “Traffic Code”, to make Patricia Street one way from Lodge to College Main. Mayor White opened public hearing on items 9 & 10. 17 Regular Minutes 2-28-08 Page 10 Jessica Guidry, Executive Director of the Northgate District Association, briefly expressed her appreciation to the staff and council for helping facilitate, and communicating to the Association. Will McCollom, 4317 Maywood, Bryan, A&M United Methodist Church spoke in favor of reversing traffic on Patricia Street. Mayor White closed the public hearing on items 9 & 10. A motion was made by Council member Crompton to approve the Ordinance No.’s 3054 & 3055 for the removal of parking along Patricia Street and a section of Lodge Street, and the approval of changing Patricia Street one way from Lodge to College Main. Seconded by Mayor Pro Tem Gay which carried 7-0. FOR: Mayor White, Gay, Crompton, Massey, McIlhaney, Ruesink, and Scotti AGAINST: None Regular Agenda Item No. 12 – Adjourn Hearing no objections, Mayor White adjourned the meetings at 12:32 a.m. on Friday, February, 29, 2008. PASSED and APPROVED this 13th day of March, 2008. APPROVED: ___________________________________ Mayor White ATTEST: ____________________________________ City Secretary, Connie Hooks 18 March 13, 2008 Consent Agenda 2b Interlocal Agreement for Emergency Medical Ambulance Service to Brazos County To: Glenn Brown, City Manager From: Robert Alley, Fire Chief Agenda Caption: Presentation, possible action and discussion regarding the approval of a resolution to update the Interlocal Agreement for Emergency Medical Ambulance Service to respond to emergencies in Brazos County and to establish the annual fee for FY 2008 at $175,000. Recommendation(s): Staff recommends approval of the resolution. Summary: The City of College Station currently provides Emergency Medical Ambulance Service to emergencies in Brazos County. The last update to this agreement was in 2003 and the annual fee was established at $150,000 per year to be paid in quarterly installments of $37,500. The new established annual fee for FY 2008 will be $175,000 to be paid in quarterly installments of 43,750. This increase is a result in increases in emergency medical equipment, supplies, drugs, fuel, training requirements and increases in emergency responses in Brazos County. In 2006 the City Of College Station Fire Department responded to 421 emergency medical calls in Brazos County, this number represents 13.8 % of the total emergency medical calls that the College Station Fire Department responded to in 2006. This consent item was approved by our City Council on September 13, 2007, however when the agreement reached Brazos County the legal staff requested several additional changes. All three legal staffs Brazos County, the City of Bryan and the City of College Station have reviewed and approved the recommended changes. A meeting will be scheduled for the end of March 2008 with Fire Chief Mike Donoho of the City of Bryan, Brazos County Judge Randy Simms and Fire Chief R.B. Alley of the City of College Station to discuss the amount for the FY 2009 annual fee. Budget & Financial Summary: Annual fee for service for 2008 will be $175,000. Attachments: Resolution Interlocal Agreement Response Map Exhibit A 19 RESOLUTION NO. _______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, UPDATING THE INTERLOCAL AGREEMENT TO PROVIDE EMERGENCY MEDICAL AMBULANCE SERVICE TO UNICORPORATED PORTIONS OF BRAZOS COUNTY. WHEREAS, the City Council of the City of College Station, Texas recognizes it’s obligations and desires to protect the health, safety and welfare of its population, which is situated in Brazos County; and WHEREAS, Brazos County currently utilizes personnel and equipment from the Cities of College Station and Bryan to provide emergency medical service and emergency medical transport for emergencies in the unincorporated areas of the County; and WHEREAS, this agreement is required to be reviewed and updated as needed on an annual basis; and WHEREAS, the City Council of the City of College Station, Texas wishes to partner and collaborate on emergency medical service and emergency ambulance transport with Brazos County and the City of Bryan, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby approves the Interlocal Emergency Medical Ambulance Service to Brazos County Agreement for the annual fee of $175,000 for FY 2008. Future fees will be established as outlined in the agreement. PART 2: That the City Council hereby agrees to protect the health, safety and welfare of the general public by collaborating with its partners in the delivery of emergency medical and ambulance services as set forth in said agreement. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this ______________ day of ____________________________, A.D. 2008. ATTEST: APPROVED: _______________________________ ______________________________ City Secretary Mayor APPROVED: __ E-Signed by Mary Ann Powell VERIFY authenticity with ApproveIt _____________________________ City Attorney 20 21 22 23 24 25 26 27 March 13, 2008 Consent Agenda Item 2c Conveyance of 1119 Georgia to B/CS Habitat for Humanity To: Glenn Brown, City Manager From: David Gwin, Director of Economic and Community Development Agenda Caption: Presentation, possible action, and discussion regarding a Resolution approving a Real Estate Contract to transfer ownership of 1119 Georgia Street, an undeveloped residential lot, to the local Habitat for Humanity affiliate. Recommendation(s): Staff recommends approval for the Mayor to sign the resolution and deed conveying this property to B/CS Habitat for Humanity, Inc. for development as owner-occupied, low-to-moderate income housing. Summary: The subject property was acquired by the City to help promote redevelopment in this neighborhood and to provide affordable home-ownership opportunities for lower- income homebuyers. B/CS Habitat for Humanity has identified this lot as a favorable location for one of their client families, and is requesting that the lot be transferred to Habitat for Humanity, Inc. for that express purpose. Budget & Financial Summary: Community Development Block Grant Funds (CDBG) in the amount of $55,298 were used to acquire this property in March 2006. Additionally, CDBG funds in the amount of $7,870 were used to demolish the existing dilapidated structure in September 2006. The current assessed value of this residential lot is $12,600 and the estimated purchase price is $16,386. Attachments: 1 - Resolution 2 - Real Estate Contract 3 - Letter from Habitat for Humanity Requesting the Property 4 - Map Showing Location of Subject Property 28 1119 Georgia H o l l e m a n D r W els h A ve Dexter Dr S Fairview Ave S o u t h w e s t P k w y Hereford St Welsh Ave O r r S t D etroit St N e v a d a S t Arizona St G eorgia St P hoenix St C arolina St H a i n e s D r D e xter D r S W i n d i n g R d T h o m a s S t T h o m p s o n S t C a u d i l l S t Eleanor St L e o n a D r L l a n o P l O n ey H ervey Dr E d w a r d S t T a u r u s A v e C o n c h o P l L u t h e r S t T r i g g e r S t Hawthorn St T o w n p l a c e D r Montclair Ave C h a l e t C t Dexter Dr S Windin g R d GABBARD PARKGABBARD PARK W.A. TARROW PARK W.A. TARROW PARK 1119 Georgia St - 0 350 700 1,050 1,400175Feet ¯ 29 RESOLUTION NO.___________________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE REAL ESTATE CONTRACT WITH THE BRYAN/COLLEGE STATION HABITAT FOR HUMANITY, INC. WHEREAS, the City of College Station, Texas (“City” hereinafter) has adopted the strategy of promoting revitalization and redevelopment of challenged areas through the promotion and development of low-to-moderate income housing; WHEREAS, Bryan/College Station Habitat for Humanity, Inc., through its Methods of Operation as set forth in its Affiliate Covenant agreement between the local affiliate and Habitat for Humanity International, shares this common goal with the City; WHEREAS, the City has previously acquired real property, Lot 2, Block 10, McCulloch's Subdivision (1119 Georgia), College Station, Brazos County, Texas ("Land" hereinafter) by means other than condemnation; WHEREAS, Bryan/College Station Habitat for Humanity, Inc., a non-profit corporation, has requested that the City convey this property to facilitate each entity’s mutual objective of providing for the development of adequate, decent, safe, and sanitary low-to-moderate income housing for the City's citizens; WHEREAS, the City has determined that transfer of the Land to the Bryan/College Station Habitat for Humanity, Inc., will facilitate development of the Land into low-to-moderate income housing and thereby serves a valid public purpose; and WHEREAS, the City has determined that the Bryan/College Station Habitat for Humanity, Inc., is qualified to receive real property conveyances pursuant to LOCAL GOVERNMENT CODE §§ 272.001(g), 253.011 and applicable Department of Housing and Urban Development Regulations, 24 CFR 570.201 (a) & (b); now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that the City is authorized to convey land to Bryan/College Station Habitat for Humanity, Inc., a non-profit corporation, for the development of low to moderate income housing. PART 2: That the City Council hereby approves the Real Estate contract with Bryan/College Station Habitat for Humanity, Inc. to convey Lot 2, Block 10, McCulloch’s Subdivision (1119 Georgia). 30 RESOLUTION NO. __________________________ Page 2 PART 3: That the City Manager is hereby authorized to execute the Real Estate contract upon passage. PART 3: That this resolution shall take effect immediately from and after its passage. ADOPTED this day of , A.D. 2008. ATTEST: APPROVED: City Secretary MAYOR APPROVED: City Attorney 31 32 33 34 35 36 37 38 39 40 41 42 March 13, 2008 Consent Agenda Item 2d Construction Contract #08-063 for Construction Development of Three Parks: University, Edelweiss Gartens, and Woodland Hills Neighborhood Parks To: Glenn Brown, City Manager From: Eric Ploeger, Assistant Director of Parks and Recreation Department Agenda Caption: Presentation, possible action, and discussion regarding a resolution awarding the bid and approval of a construction contract (Contract Number #08-063) with R.M. Dudley Construction in the amount of $1,127,628.00, for the construction of University, Edelweiss Gartens, and Woodland Hills Neighborhood Parks. Recommendation(s): Staff recommends approval of the resolution and award of the construction contract with R.M. Dudley Construction, for the construction of University, Edelweiss Gartens, and Woodland Hills Neighborhood Parks. This includes Alternate Number 1 for additional bridge, sidewalk, and landscaping for Edelweiss Gartens Park; Alternate Number 2 for a small picnic shelter and tables for University Park; and Alternate Number 3 for additional landscaping and irrigation in Woodland Hills Park. Summary: This item will provide development of three undeveloped neighborhood parks. The site plans for University, Edelweiss Gartens, and Woodland Hills parks were developed through a series of meetings with each neighborhood to gain public input. The site plans were approved by the Parks and Recreation Advisory Board during the following public hearings: February 21, 2006 for University Park, June 13, 2006 for Edelweiss Gartens Park, and May 15, 2007 for Woodland Hills Park. Each park development will include typical Neighborhood park items such as area lights, walks, additional trees, playgrounds, benches, bike racks, and picnic units. University Park will include the City’s second dog park, with separate enclosures for both large and small dogs. Woodland Hills includes two playgrounds, each designed for different age groups. This emphasis on younger children came from neighborhood input. Budget & Financial Summary: Four (4) sealed, competitive bids were received and opened on February 5, 2008. The bid summary is attached. Funds are available and budgeted in the FY 2008 Parks Capital Projects Fund. The University Park project budget is in the amount of $515,000, a portion of which is from the Zone 2 Park Land Dedication Fund. The Edelweiss Gartens Park project budget is in the amount of $366,000 from the Zone 10 Park Land Dedication Fund. The Woodland Hills budget is in the amount of $349,000, a portion of this is from the Zone 9 Park Land Dedication Fund. The total available for all three parks is in the amount of $1,230,000. Attachments: 1. Resolution Approving a Construction Contract for Three Parks 2. Bid Number 08-25 Bid Summary 3. University Park Site Plan 4. Edelweiss Gartens Park Site Plan 5. Woodland Hills Park Site Plan 6. Location Map 43 RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A CONSTRUCTION CONTRACT, #08-063, FOR UNIVERSITY, EDELWEISS GARTENS, AND WOODLAND HILLS NEIGHBORHOOD PARKS CONSTRUCTION PROJECTS, PROJECT NUMBERS PK 0410, PK 0613, AND PK 0523, AND AUTHORIZING THE EXPENDITURE OF FUNDS. WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the University, Edelweiss Gartens, and Woodland Hills Neighborhood Parks Construction Projects; now therefore, BE IT RESOLVED BY THE CITY COUMCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That the City Council hereby finds that R.M. Dudley Construction is the lowest, responsible bidder. PART 2: That the City Council hereby approves the contract with R.M. Dudley Construction in the amount of $1,127,628.00 for the labor, materials, and equipment required for the construction of University, Edelweiss Gartens, and Woodland Hills Neighborhood Parks Construction Projects. This includes Alternates 1, 2, and 3. PART 3: That the funding for this contract shall be as budgeted from the Parks Capital Improvement Projects Fund in the amount of $1,127,628.00. PART 4: That this resolution shall take effect immediately from and after its passage. ADOPTED this the 13th day of March, 2008. ATTEST: APPROVED: CITY SECRETARY MAYOR APPROVED: E-Signed by Mary Ann Powell VERIFY authenticity with ApproveIt 44 CITY ATTORNEY 45 City of College Station Bid Tabulation BID TAB FOR: Edelweiss Gartens, University and Woodland Hills Parks DEPARTMENT: Parks and Recreation BID: 08-25 Line Unit Unit Item Unit Item Unit Item Unit Item Item Meas.Description Price Total Price Total Price Total Price Total Edelweiss Gartens Park 1 1 Lot Sidewalks $69,709.00 $69,709.00 $69,315.00 $69,315.00 $93,768.00 $93,768.00 $67,000.00 $67,000.00 2 1 Lot Basketball court, equipment, trash can, color surface $31,937.00 $31,937.00 $60,104.00 $60,104.00 $95,914.00 $95,914.00 $60,000.00 $60,000.00 3 1 Lot (1) Bridge & footings 6’x40’$29,362.00 $29,362.00 $27,083.00 $27,083.00 $39,865.00 $39,865.00 $66,500.00 $66,500.00 4 1 Lot Wood Boardwalk (6’x120’)$10,752.00 $10,752.00 $9,373.00 $9,373.00 $18,760.00 $18,760.00 $32,000.00 $32,000.00 5 1 Lot Playground & rubber cushioning $45,252.00 $45,252.00 $43,115.00 $43,115.00 $44,090.00 $44,090.00 $47,000.00 $47,000.00 6 1 Lot Swing set & gravel/rubber pit $8,802.00 $8,802.00 $13,570.00 $13,570.00 $14,910.00 $14,910.00 $15,800.00 $15,800.00 7 1 Lot Shelter, slab, (2) Picnic tables, bike rack, trash can $31,058.00 $31,058.00 $29,878.00 $29,878.00 $34,760.00 $34,760.00 $37,000.00 $37,000.00 8 1 Lot (2) Drinking fountains & water line $7,906.00 $7,906.00 $12,144.00 $12,144.00 $3,183.00 $6,366.00 $7,000.00 $14,000.00 9 1 Lot Shade cover for playground $12,758.00 $12,758.00 $16,679.00 $16,679.00 $14,562.00 $14,562.00 $17,500.00 $17,500.00 10 1 Lot Irrigation system $9,983.00 $9,983.00 $10,625.00 $10,625.00 $10,115.00 $10,115.00 $11,150.00 $11,150.00 11 1 Lot Landscape and sign bed $24,808.00 $24,808.00 $37,906.00 $37,906.00 $25,000.00 $25,000.00 $26,820.00 $26,820.00 12 1 Lot Grading, seeding & clearing $25,743.00 $25,743.00 $13,560.00 $13,560.00 $11,900.00 $11,900.00 $30,000.00 $30,000.00 13 1 Lot Lights & electrical $18,168.00 $18,168.00 $20,563.00 $20,563.00 $17,850.00 $17,850.00 $21,000.00 $21,000.00 14 1 Lot (2) Benches $1,632.00 $1,632.00 $3,863.00 $3,863.00 $2,025.00 $4,050.00 $3,525.00 $7,050.00 15 1 Lot Park sign $2,169.00 $2,169.00 $2,551.00 $2,551.00 $3,000.00 $3,000.00 $6,200.00 $6,200.00 16 1 Lot Erosion control $540.00 $540.00 $625.00 $625.00 $3,570.00 $3,570.00 $6,500.00 $6,500.00 Total Base Bid For Edelweiss Park $330,579.00 $370,954.00 $438,480.00 $465,520.00 Alternate #1- Bridge, sidewalks, trees and irrigation $31,005.00 $30,281.00 $50,220.00 $61,100.00 TOTAL WITH ALTERNATE #1 $361,584.00 $401,235.00 $488,700.00 $526,620.00 UNIVERSITY PARK 1 1 Lot Sidewalks w/(3)3’ drainpipes & (2)6” drainpipes $80,234.00 $80,234.00 $77,734.00 $77,734.00 $107,400.00 $107,400.00 $85,200.00 $85,200.00 2 1 Lot Granite gravel beaches for small & large ponds $12,841.00 $12,841.00 $25,243.00 $25,243.00 $15,340.00 $15,340.00 $21,000.00 $21,000.00 3 1 Lot Parking lot & filling of valley gutter in street $23,571.00 $23,571.00 $35,344.00 $35,344.00 $55,050.00 $55,050.00 $102,500.00 $102,500.00 4 1 Lot Playground w/rubber cushioning $54,111.00 $54,111.00 $54,760.00 $54,760.00 $41,600.00 $41,600.00 $56,000.00 $56,000.00 5 1 Lot Swing set & gravel/rubber pit $7,444.00 $7,444.00 $13,633.00 $13,633.00 $14,000.00 $14,000.00 $19,500.00 $19,500.00 6 1 Lot Large pond with spillway $4,087.00 $4,087.00 $27,595.00 $27,595.00 $28,200.00 $28,200.00 $22,000.00 $22,000.00 7 1 Lot Metal fencing & gates $46,867.00 $46,867.00 $54,663.00 $54,663.00 $53,000.00 $53,000.00 $60,000.00 $60,000.00 8 1 Lot Concrete pool(small pond) & drainline $9,384.00 $9,384.00 $22,110.00 $22,110.00 $21,050.00 $21,050.00 $19,000.00 $19,000.00 9 1 Lot (4) Dog waste stations $808.00 $808.00 $1,750.00 $1,750.00 $250.00 $1,000.00 $1,337.50 $5,350.00 10 1 Lot (7) Trash cans $620.00 $620.00 $3,750.00 $3,750.00 $720.00 $5,040.00 $1,142.86 $8,000.00 11 1 Lot (4) Benches $10,044.00 $10,044.00 $8,653.00 $8,653.00 $2,000.00 $8,000.00 $2,980.00 $11,920.00 12 1 Lot Irrigation system $18,113.00 $18,113.00 $19,250.00 $19,250.00 $10,500.00 $10,500.00 $13,750.00 $13,750.00 13 1 Lot Landscape $11,477.00 $11,477.00 $23,308.00 $23,308.00 $18,800.00 $18,800.00 $31,000.00 $31,000.00 14 1 Lot Electrical & lighting $53,243.00 $53,243.00 $59,788.00 $59,788.00 $55,750.00 $55,750.00 $56,000.00 $56,000.00 15 1 Lot Seeding & sodding $2,294.00 $2,294.00 $2,500.00 $2,500.00 $4,100.00 $4,100.00 $19,000.00 $19,000.00 16 1 Lot Canine park entrances $28,365.00 $28,365.00 $31,310.00 $31,310.00 $37,500.00 $37,500.00 $25,500.00 $25,500.00 17 1 Lot Pedestrian entrance $24,148.00 $24,148.00 $11,384.00 $11,384.00 $40,000.00 $40,000.00 $11,600.00 $11,600.00 18 1 Lot Park sign installation w/concrete & stone $10,801.00 $10,801.00 $19,590.00 $19,590.00 $12,250.00 $12,250.00 $15,500.00 $15,500.00 19 1 Lot (2) Bridges & concrete footings (wood bridges)$14,656.00 $14,656.00 $14,715.00 $14,715.00 $10,250.00 $20,500.00 $14,000.00 $28,000.00 20 1 Lot (3) Drinking fountains & slabs & water lines $12,753.00 $12,753.00 $12,044.00 $12,044.00 $6,800.00 $20,400.00 $7,500.00 $22,500.00 21 1 Lot Erosion control, grubbing & clearing $32,909.00 $32,909.00 $5,000.00 $5,000.00 $20,500.00 $20,500.00 $19,000.00 $19,000.00 Total Base Bid For University Park $458,770.00 $524,124.00 $589,980.00 $652,320.00ALTERNATE #2–Shelter slab, picnic tables & Irrg. $28,344.00 $45,275.00 $42,000.00 $47,700.00 TOTAL WITH ALTERNATE #2 $487,114.00 $569,399.00 $631,980.00 $700,020.00 Woodland Hills Park 1 1 Lot Sidewalks $70,260.00 $70,260.00 $49,139.00 $49,139.00 $105,300.00 $105,300.00 $49,700.00 $49,700.00 2 1 Lot Playground (5-12 yr old) & rubber cushion $37,829.00 $37,829.00 $35,140.00 $35,140.00 $39,660.00 $39,660.00 $33,700.00 $33,700.00 3 1 Lot Playground (toddler) & rubber cushion $20,252.00 $20,252.00 $18,596.00 $18,596.00 $28,260.00 $28,260.00 $19,500.00 $19,500.00 4 1 Lot Swing set & gravel/rubber pit $7,540.00 $7,540.00 $13,819.00 $13,819.00 $14,381.00 $14,381.00 $14,000.00 $14,000.00 5 1 Lot (2) Shade covers for playgrounds $22,766.00 $22,766.00 $30,633.00 $30,633.00 $13,800.00 $27,600.00 $14,280.00 $28,560.00 6 1 Lot Electrical and Lights $24,837.00 $24,837.00 $29,086.00 $29,086.00 $27,600.00 $27,600.00 $29,000.00 $29,000.00 7 1 Lot Cylex sign 2’x6’$2,527.00 $2,527.00 $3,088.00 $3,088.00 $3,000.00 $3,000.00 $6,650.00 $6,650.00 8 1 Lot Top soil & hydromulching $10,043.00 $10,043.00 $7,312.00 $7,312.00 $3,000.00 $3,000.00 $9,000.00 $9,000.00 9 1 Lot Erosion Control $510.00 $510.00 $250.00 $250.00 $5,850.00 $5,850.00 $6,000.00 $6,000.00 10 1 Lot Bridge & concrete footings $30,479.00 $30,479.00 $27,895.00 $27,895.00 $45,480.00 $45,480.00 $59,300.00 $59,300.00 11 1 Lot Shelter, slab, brick columns $27,591.00 $27,591.00 $27,238.00 $27,238.00 $34,800.00 $34,800.00 $39,400.00 $39,400.00 12 1 Lot Drinking fountain & water line $3,287.00 $3,287.00 $5,769.00 $5,769.00 $6,420.00 $6,420.00 $13,000.00 $13,000.00 13 1 Lot (2) Benches $3,204.00 $3,204.00 $3,188.00 $3,188.00 $2,040.00 $4,080.00 $3,625.00 $7,250.00 14 1 Lot (1) Trash can $100.00 $100.00 $1,219.00 $1,219.00 $720.00 $720.00 $4,750.00 $4,750.00 15 1 Lot (2) Picnic tables $2,016.00 $2,016.00 $1,663.00 $1,663.00 $1,500.00 $3,000.00 $4,300.00 $8,600.00 16 1 Lot Iron fence 96’ of 4’ HT $4,889.00 $4,889.00 $5,111.00 $5,111.00 $6,000.00 $6,000.00 $8,500.00 $8,500.00 Total Base Bid For Woodland Hills Park $268,130.00 $259,146.00 $355,151.00 $336,910.00 ALTERNATE #3 – Landscaping and irrigation $10,800.00 $19,378.00 $15,000.00 $16,800.00 TOTAL WITH ALTERNATE #3 $278,930.00 $278,524.00 $370,151.00 $353,710.00 Total Number of Calendar Days to Completion Number of Addenda Acknowledged Bid Bond Bid Cetification Page Exceptions/Deviations Staff Award Recommendation Y Y N $1,057,479.00 $1,127,628.00 $1,154,224.00 $1,249,158.00 $1,383,611.00 $1,490,831.00 $1,454,750.00 Robinson Landscape Snyder, TX 240 4 $1,580,350.00 4 240 4 Kieschnick Const. College Station, TX Dudley Const.Marek Bros. College Station, TX Y Y College Station, TX Y Y 240 4 Y Y 240 02/12/08 N N N TOTAL ALL THREE PARKS WITH ALTERNATES TOTAL ALL THREE PARKS Page 1 of 1 46 4 7 48 49 5 0 March 13, 2008 Consent Agenda 2e Professional Service Contract with McCord Engineering, Inc. To: Glenn Brown, City Manager From: David Massey, Director of College Station Electric Utilities Department Agenda Caption: Presentation, possible action, and discussion regarding a three year professional services contract with McCord Engineering, Inc. for $1,800,000.00 for electrical engineering services. Recommendation(s): Staff recommends Council approve the contract with McCord Engineering, Inc. Summary: This contract will be for an original term of three (3) years at $600,000 per year for a total of $1,800,000 for a three (3) year period. The City of College Station Electric Utilities Department has utilized McCord Engineering, Inc. for many years for electric engineering services. McCord Engineering is a highly-qualified local business and is very responsive to the needs of the City. It is anticipated over the three year contract that McCord Engineering will provide design services for new electric system additions and several new electric substations. Budget & Financial Summary: Funds are available as budgeted and approved in the Electric Utilities Departments annual budget for professional service for electric capital improvement projects. Attachments: 1. Contract 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 13 March 2008 Regular Agenda Item 1 Annexation Ordinance To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning and Development Services Agenda Caption: Presentation, possible action, and discussion regarding an ordinance annexing property within the City of College Station’s extraterritorial jurisdiction under the exempt status. Recommendation: Staff recommends approval of the ordinance as presented. Summary: This ordinance provides for the annexation of area four (further described in the attachments) based on direction received from Council at the 28 February regular meeting. Annexation area four, as revised, is approximately 346 acres. Council approved an ordinance directing staff to prepare an annexation service plan and received information regarding the annexation Fiscal Impact Analysis at the regular meeting on 10 January 2008. Three annexation public hearings were held before the City Council, one on 24 January 2008, one on 29 January 2008 and another on 28 February 2008. The annexation service plan is attached to the ordinance and effectively acts as a contract between the City and the residents of the annexed area. Budget & Financial Summary: Attachments: 1. Annexation Area Map 2. Annexation Service Plan 3. Ordinance (final version with exhibits will be provided at the Council meeting) 73 74 1 CITY OF COLLEGE STATION SERVICE PLAN FOR AREAS TO BE ANNEXED FEBRUARY 28, 2008 I. ANNEXATION AREAS The annexation areas are located in various parts of the City of College Station's Extraterritorial Jurisdiction. These properties are illustrated in Figure 1 and described below. Area 1 - located generally at the intersection of Raymond Stotzer Parkway and Turkey Creek Road and containing approximately 102 acres. Area 2 - located generally on the north side of Rock Prairie Road at its intersection of Harris Drive and Bradley Road, consisting largely of Carter Lake Subdivision and containing approximately 209 acres. Area 3a - located generally along Rock Prairie Road West and containing approximately 35 acres. Area 3b - located generally at the intersection of Rock Prairie Road West and Jones Butler Road and consisting of approximately 780 acres. Area 4 - located generally on the south side of Greens Prairie Road West and bisected by Greens Prairie Trail and containing approximately 346 acres. Area 5 - removed by City Council at the 28 February 2008 meeting. Area 6 - located generally on the west side of FM 2154 (AKA Wellborn Road) at the intersection of Capstone Drive and containing approximately 55 acres. II. INTRODUCTION This service plan has been prepared in accordance with the TEXAS LOCAL GOVERNMENT CODE, Sections 43.021, 43.065, and 43.056(b)-(o) (Vernon 1999, AND VERNON SUPP. 2007, as amended from time to time). Municipal facilities and services to the annexed areas described above will be provided or made available on behalf of the City in accordance with the following plan. This plan provides a program under which the City of College Station will provide full municipal services to the annexed areas. All services will be provided within the time provided in TEXAS LOCAL GOVERNMENT CODE, Section 43.056(B). This Service Plan does not: · require the creation of another political subdivision; · require a landowner in the area to fund the capital improvements necessary to provide municipal services in a manner inconsistent with Chapter 395, Texas Local Government Code; or · provide services in the area in a manner that would have the effect of reducing by more than a negligible amount the level of fire and police protection and emergency medical services provided within the corporate boundaries of the municipality before annexation. The level of services, infrastructure, and infrastructure maintenance provided to the annexed areas is comparable to the level of services, infrastructure, and infrastructure maintenance available in other parts of the City with topography, land use, and population density similar to those contemplated or projected in the annexed area. 75 2 FIGURE 1 76 3 III. SERVICE COMPONENTS This plan contains three service components: (1) Immediate Services, (2) Additional Services, and (3) Capital Improvement Program. Immediate Services As required by TEXAS LOCAL GOVERNMENT CODE, SECTION 43.056(B), Certain municipal services will be provided by the City of College Station immediately upon the effective date of annexation. These services include: · police protection; · fire protection; · emergency medical services; · solid waste collection, except as provided by Subsection 43.056(o); · operation and maintenance of water and wastewater facilities in the annexed area that are not within the service area of another water or wastewater utility; · operation and maintenance of roads, and streets, including road and street lighting;* · operation and maintenance of public parks, playgrounds, and swimming pools; and · operation and maintenance of any other publicly owned facility, building, or service. *Note: Street lighting will be maintained for fixtures located within the service territory of College Station Utilities. A. Police Protection The College Station Police Department will provide police service, including routine patrol, traffic enforcement, and dispatch response to emergency and non-emergency service calls. B. Fire Protection The College Station Fire Department will be provide fire protection, including response to emergency calls for assistance, fire prevention education, pre-fire planning, and target hazard inspections. In general, the Fire Department’s goal is to provide a fire response time of five minutes or less. Construction and development activities undertaken after the effective date of annexation shall comply with all building, life safety and fire safety codes of the City of College Station. All structures shall comply with the address standards of the College Station Code of Ordinances within ninety (90) days of the effective annexation date. C. Emergency Medical Services The College Station Fire Department will provide emergency medical services (EMS). Each Fire Department ambulance, engine, and ladder truck is capable of providing EMS, including defibrillation, medical administration, IV therapy, advanced airway management, and initial treatment of injuries. In general, the Fire Department’s goal is to provide an EMS response time of five minutes or less. D. Solid Waste Collection The College Station Public Works Department will provide fee-based solid waste collection service for residential and commercial customers. Customers in the annexed area may elect to continue using a private solid waste management service provider for a period of two years after the effective date of annexation in accordance with provisions of the TEXAS LOCAL GOVERNMENT 77 4 CODE. The City will not charge a fee to a person who continues to use the services of a privately owned solid waste management service provider. Residential Service – Residential solid waste collection (including brush and bulk items) is provided once per week. All residential service will be provided at a point of collection adjacent to, and accessible from, a public right-of-way or an improved surface acceptable to the City. Residential solid waste collection vehicles will not conduct operations on private property. However, residential service may be provided on private streets that comply with the Sanitation Division’s requirements for surface material, vehicle clearance and turning radii. In the case of multiple residences located on a privately owned road or drive, the City may require the establishment of a mass collection point at an area adjacent to the nearest public right-of-way. The City will provide residential solid waste containers. Commercial Service - Containers and collection points may be located on private property, provided that it can be easily accessed from a public right of way, and both the route of access and the collection point meet the Sanitation Division’s requirements for approved surfaces, vehicle clearance and turning radii. The City will provide standard commercial containers. In order to secure solid waste collection services in the annexed areas, each property owner must establish a utility account with the City of College Station. The City will not be responsible for damage to private drives, streets, or parking areas by service trucks servicing containers. E. Water and Wastewater Facilities The City of College Station will provide water and wastewater service to areas that are not located within the certificated service territory of another utility through existing facilities located within or adjacent to the area. The level of water and wastewater service, infrastructure and infrastructure maintenance provided in the annexed area will be comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Municipal services to be provided within the annexed area may be provided by any of the methods in which the City provides services to other comparable areas. F. Roads and Streets The Public Works Department will maintain public roads and streets at a level comparable to the maintenance prior to annexation. These services include emergency pavement repair and preventative street maintenance. Right-of-way mowing activities along State highways are addressed in the City's maintenance agreement with Texas Department of Transportation and will be added to the City's maintenance activities immediately following annexation. Maintenance priorities are determined on a City-wide basis taking into consideration factors such as age, traffic volume, surface conditions, nature of the maintenance, public safety hazards, and available funding. Existing street and traffic control signs shall conform to the City of College Station’s standards within ninety (90) days of the annexation. The City will install public street signs in accordance with College Station’s standards for same within ninety (90) days of the effective date of annexation. G. Parks and Recreation Facilities The City of College Station is not aware of the existence of any public parks, playgrounds or swimming pools in the areas proposed for annexation. In the event any such public facilities exist, they will be maintained to the same degree and extent that the City maintains public parks, playgrounds and swimming pools within the current City limits. 78 5 H. Other Publicly Owned Buildings and Facilities The City of College Station is not aware of the existence of any publicly owned buildings in the areas proposed for annexation. In the event any such public facilities exist, they will be maintained to the same degree and extent that the City maintains such facilities within the current City limits. 79 6 Additional Services A. Building Permitting and Inspections Upon the effective date of annexation, the City will provide building permits and inspection services. This service will be made available to the annexed areas on the same basis and at the same level of service as similar facilities throughout the City. Service is provided on a “cost recovery” basis, and permit fees partially offset the costs of services delivered. Construction activities underway prior to annexation may continue provided that all construction after annexation must comply with City codes and ordinances. All permits required by City codes and ordinances must be obtained for construction underway at the time of annexation. Permit fees will be waived for building construction underway prior to annexation. B. Planning and Development Services Planning and development services will be made available on the effective date of the annexation. Planning & Development Services currently services this property by way of administration of the Subdivision Regulations, Chapter 9 of the College Station Code of Ordinances. Upon annexation, planning and development services will be provided by way of the Unified Development Ordinance and other applicable codes and standards. The College Station City Council adopted the current Comprehensive Plan in August of 1997. The Comprehensive Plan contains a Land Use Plan that designates future land uses to manage the quality and quantity of growth by matching land use intensity with planned infrastructure. Upon annexation, all properties will be zoned A-O (Agricultural Open). The City's Comprehensive Plan will be used as the basis for evaluating rezoning requests after properties are annexed. C. Animal Control The Police Department will provide animal control service upon the effective date of annexation. Animal control services include response and investigation of reported animal bites, response to reports of stray or “at large” animals, and response and investigation of animal cruelty and neglect reports. D. Community Enhancement The Fire Department will provide Community Enhancement services upon the effective date of annexation. Community Enhancement services include response and investigation of sanitation issues, illegal signs, abandoned or inoperable motor vehicles, and zoning violations. E. Recycling Collection For residential customers electing solid waste collection from the City of College Station, curbside recycling collection is also provided once per week. Items accepted in the curbside recycling program include: · Newspapers and magazines · Aluminum and steel food cans · Clear and brown glass · Plastic bottles · Lead acid car batteries . 80 7 81 8 IV. WATER AND WASTEWATER SERVICE PROVISION This Water and Wastewater Service Plan (“Plan”) provides a program under which the City of College Station will provide full municipal services to the annexed area. For the purpose of this plan, “full municipal services” includes water and sewer services provided by the City within its full-purpose boundaries. The level of water and sewer service, infrastructure and infrastructure maintenance provided in the annexed area will be comparable to the level of services, infrastructure and infrastructure maintenance available in other parts of the City before annexation with topography, land use, and population density similar to those reasonably contemplated or projected in the area. Municipal services to be provided within the annexed area may be any of the methods by which the City provides services to other comparable areas. All services will be provided within the time provided in TEXAS LOCAL GOVERNMENT CODE SEC. 43.056(B). The City may extend facilities under this plan or otherwise serve this area through the use of Impact Fees as permitted under CHAPTER 395 OF THE TEXAS LOCAL GOVERNMENT CODE. Water and Wastewater facilities for future development that increases densities beyond the capital improvements specified in this plan will be extended in accordance with the City’s Water and Wastewater policy in existence at the time of development. The water and wastewater extension policy is discussed in Section V, Water and Wastewater Capital Improvements. In general, the policy for extension of utility service is “development driven” in that utility line extensions are typically installed by developers, in conjunction with major development projects. The City may accept ownership and maintenance of major facilities, such as gravity sewer lines, manholes, lift stations and/or wastewater package plants, as required by the particular development. The City may elect to pay for upgrades or oversize of infrastructure projects being installed by developers. As an area develops, developers or homeowners extend water distribution and wastewater collection lines to individual lots. Until an area becomes densely populated, the cost of utility extension is not feasible to be borne by a few lot owners. Also, in the case of wastewater treatment, developments with large lots will normally be constructed with on-site sewage facilities that are privately owned and operated. AREA 1 Water The City of College Station currently holds the Water Certificate of Convenience and Necessity (CCN) for the majority of Annexation Area 1. Generally, the area south of F&B Road and east of Turkey Creek Road is within the City’s CCN. This area is served by a small diameter water line located along the south side of a portion of F&B Road. This line turns south and also serves properties along a portion of Turkey Creek Road (see Exhibit “A”). The City of College Station currently maintains the waterline, water meters and billing process. The City is also constructing an 8” diameter water line along the north side of Raymond Stotzer Parkway to serve the new City Cemetery. This line will be available for extension to serve future development per the City’s water extension policy. Brushy Water Supply Corporation holds the CCN service territory for a small portion of Area 1. Therefore, this area will continue to receive its water supply from Brushy Water Supply Corporation. Wastewater Properties within Annexation Area 1 are currently served by private on-site sewer facilities (OSSF). As in other areas of College Station with similar topography, land use, and population density, this area will remain on private systems until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. 82 9 AREA 2 Water Annexation Area 2 is in the water CCN service territory of Wellborn Special Utility District (WSUD). The City of College does not have the right to provide water service in annexation Area 2, therefore, no water infrastructure will be provided by the City in the area after annexation. Wastewater Properties within Annexation Area 2 are currently served by private on-site sewer facilities with the exception of 18 homes in the Carter Lake Subdivision that are served by an aerated lagoon operated by the Carter Lake Water Supply Corporation (see Exhibit “B”). The City of College Station will assume ownership, operation, and maintenance of the Carter Lake wastewater treatment facility (aerated lagoons) once the following is provided: 1) A survey of the existing wastewater collection lines; 2) Standard City easements for the existing wastewater collection lines; 3) The deed to the wastewater treatment lagoon property (or other acceptable means to operate the facility); 4) Written agreements from the property owners served by the Carter Lake Water Supply Corporation acknowledging that their private septic tanks will be cleaned every two years, and; 5) Transfer of CCN and discharge permit from the Carter Lake Water Supply Corporation to the City of College Station. Once the City takes ownership, maintenance and operation of the wastewater treatment system, the individuals connected to the system will pay a flat monthly sewer service fee per the City’s adopted fee schedule. As in other similarly developed areas of College Station, the remaining properties in Area 2 will remain on private systems until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. AREA 3a Water Water service in Annexation Area 3a is currently within the water service territory of WSUD. The City of College Station does not have the right to serve areas outside of our CCN, therefore, no water infrastructure will be provided to Area 3a after annexation. Wastewater Wastewater service in Area 3a is currently provided by private on-site sewer facilities. The City recently extended the Steeplechase sewer line across Rock Prairie Road West, near I&GN Road. Exhibit “C” illustrates this sewer service line. Future development in area 3a may access this sewer line through a combination of gravity lines and/or force mains. As in other areas of College Station with similar topography, land use, and population density, the area currently served by private sewer treatment systems will remain on private systems until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. 83 10 AREA 3b Water Water service in Annexation Area 3b is currently within the water service territory of WSUD. The City of College Station does not have the right to serve areas outside of our CCN, therefore, no water infrastructure will be provided to Area 3b after annexation. Wastewater Wastewater service in Area 3b is currently provided by the private on-site sewer facilities and the City of College Station. The City serves Area 3b via a 12”sewer trunk line recently installed north of Cain Road and extending through Las Palomas Subdivision. Exhibit “D” illustrates this sewer service line. The City Council recently granted an exception to the sewer extension policy to Great Oaks Subdivision and Oakland Ridge Subdivision, both located within Annexation Area 3b. This exception allows future phases of those developments to connect to the City’s sewer system. As in other areas of College Station with similar topography, land use, and population density, the area currently served by private sewer treatment systems will remain on private systems until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. AREA 4 Water Annexation Area 4 is located entirely within the water CCN service territory of WSUD. The City of College Station does not have the right to serve areas outside of our CCN. Therefore, no water infrastructure will be provided by the City after annexation. Wastewater Waster water service for Annexation Area 4 is currently provided by the City of College Station and private on-site sewer facilities. College Station principally serves Creek Meadows Subdivision, a new residential development, via a gravity line and force main that runs along Greens Prairie Trail and Greens Prairie Road West (see Exhibit “E”). The balance of Area 4 is currently served by private OSSFs. As in other areas of College Station with similar topography, land use, and population density, this will continue until such time as significant development occurs to warrant the extension of an organized sanitary sewer collection system. AREA 5 (Annexation area five was removed by the City Council at the 28 February 2008 meeting) AREA 6 Water Annexation Area 6 is located with the water CCN service territory of WSUD, therefore, no water infrastructure will be provided to this area after annexation. Wastewater Currently, there are no structures located within Annexation Area 6. However, a new development (Kyle View Estates) is proposed within annexation area 6 and the developer has agreed to annexation as a condition to receive City sewer service. The developer proposes to construct the necessary sewer line and lift station to connect Kyle View Estates to the City’ sewer system (see Exhibit “F”). The City has entered into a Development Agreement with the developer, whereby the developer will build a larger lift station on the east side of Wellborn Road, to enhance 84 11 the City’s sewage collection system and open a larger area for potential sewer service. As part of the Development Agreement, the City is paying the difference for the increased sewer system capacity. V. CAPITAL IMPROVEMENTS Should the City make capital improvements to serve the annexed areas, the City reserves the right to levy an impact fee to the properties annexed according to Chapter 395 of the Texas Local Government Code and the City's Code of Ordinances. The City may, from time to time, include construction of new, expanded or replacement facilities in its Capital Improvements Program (CIP). Facilities to be included in the CIP shall be determined on a City-wide basis. Priorities shall be established by the CIP plans of the City, projected growth trends, and the City Council through its development plans and policies. A. Police Protection (including animal control) Police protection will be provided to the annexed areas through existing City facilities at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use and population density similar to those reasonable contemplated or projected in the area. B. Fire Protection (including EMS and Community Enhancement) Fire protection will be provided to the annexed areas through existing City facilities and mutual aid agreements at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use and population density similar to those reasonable contemplated or projected in the area. The City will evaluate and update, as needed, its Strategic Plan to address the response time, personnel, facility and equipment needs for these areas of the City as the annexed areas develop. C. Solid Waste Collection Solid waste collection services will be provided to the annexed areas through the City's existing facilities or through franchise agreements with private services at a level of service comparable to the level of service in other parts of the City before annexation with topography, land use and population density similar to those reasonable contemplated or projected in the area. D. Maintenance of Public Roads and Streets Right-of-way maintenance will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. The improvement and enlargement of roads within existing rights-of-way will be included in future capital improvements programs as practical and where needed to facilitate the maneuvering of emergency and sanitation service vehicles. E. Parks, Playgrounds and Swimming Pools Parks and recreation services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. Additional park development in the annexed areas will be addressed through the development standards and procedures of the City as residential development occurs. Such park development includes, but is not limited to, dedication of park land and/or money in lieu of land in accordance with the City of College Station Subdivision Regulations. F. Other Public Building and Facilities Other public facilities, buildings or services will be provided through the existing facilities at a level of service not less than exists in the area immediately preceding annexation. 85 12 86 13 WATER AND WASTEWATER CAPITAL IMPROVEMENTS The water and wastewater utility extension policy of the City of College Station is as follows: The cost of off-site extension of water and wastewater facilities to serve a lot, tract, plat, or land development shall be borne by the owner or developer of the lot, tract, plat, or land by direct installation or through the use of Impact Fees. Where such extension is consistent with plans for the development of the City and its utility system the City may, by decision of the City Council, participate in the cost of construction so as to provide for additional capacity for the overall development of an area. The cost of water and wastewater facilities necessary to serve existing lots or new development within a subdivision plat or land development shall be borne by the lot owner or developer of the plat or land by direct installation or through the use of Impact Fees. Standard tap fees or other installation fees in effect on a citywide basis are in addition to impact fees levied. AREA 1 Water The City of College Station will continue to serve the portion of Annexation Area 1 located within our CCN via the existing service line. No additional water infrastructure will be provided to this area after annexation. Properties located within the water CCN service territory of Brushy Water Supply Corporation will continue to be served by Brushy Water Supply Corporation after annexation. Wastewater Area 1 will continue to be served by private on-site sewer treatment systems until such time as development warrants the extension of an organized sanitary collection system. AREA 2 Water Area 2 is located within the water CCN service territory of WSUD. Therefore, these properties will continue to be served by WSUD after annexation. Wastewater Area 2 will continue to be served by private on-site sewer treatment systems until such time as development warrants the extension of an organized sanitary collection system. AREA 3a Water Area 3a is located within the water CCN service territory of WSUD. No water infrastructure will be provided to this area after annexation. Properties located within the water CCN service territory of WSUD will continue to be served by WSUD after annexation. Wastewater Properties within Area 3a are currently served by private on site sewer treatment systems and will continue to be served by private systems until such time as development and/or redevelopment warrants the extension of an organized sanitary collection system. AREA 3b Water Area 3b is located within the water CCN service territory of WSUD. No water infrastructure will be provided to this area after annexation. Properties located within the water CCN service territory of WSUD will continue to be served by WSUD after annexation. 87 14 Wastewater The City of College Station currently provides wastewater service to a portion of Area 3b. The properties within Area 3b currently served by private on site sewer treatment systems will continue to be served by private systems until such time as development and/or redevelopment warrants the extension of an organized sanitary collection system. AREA 4 Water Area 4 is located with the water CCN service territory of WSUD. Therefore, no water infrastructure will be provided to this area after annexation. Properties located within the water CCN service territory of WSUD will continue to be served by WSUD after annexation Wastewater The City of College Station currently provides wastewater service to a portion of Area 4. The properties within Area 4 currently served by private on-site sewer treatment systems will continue to be served by private systems until such time as development and/or redevelopment warrants the extension of an organized sanitary collection system. AREA 5 (Annexation Area five was removed by the City Council at the 28 February 2008 meeting) AREA 6 Water Area 6 is located with the water CCN service territory of WSUD. Therefore, no water infrastructure will be provided to this area after annexation. Properties located within the water CCN service territory of WSUD will continue to be served by WSUD after annexation Wastewater Area 6 will remain without sewer service until such time as development warrants the extension of an organized sanitary collection system. VI. LEVEL OF SERVICES TO BE PROVIDED It is the intent of the City of College Station to provide the level of services required by State law. The City Council finds and determines that the services, infrastructure and infrastructure maintenance proposed by this plan are comparable to that provided to other parts of the City with topography, land use, and population density reasonably similar to the annexed area and will not reduce the level of services available to the territory prior to annexation. Nothing in this plan shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed area, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. VII. TERM This service plan shall be valid for a term of ten (10) years. Renewal of the service plan shall be at the discretion of City Council. VIII. AMENDMENTS The service plan may be amended if the City Council determines at a public hearing that changed conditions or subsequent occurrences make this service plan unworkable or obsolete. The City Council 88 15 may amend the service plan to conform to the changed conditions or subsequent occurrences pursuant to the TEXAS LOCAL GOVERNMENT CODE, Section 43.056 (Vernon 1999 and Vernon Supp. 2007). 89 i APPENDIX Exhibit “A” 90 ii Exhibit “B” 91 iii Exhibit “C” 92 iv Exhibit “D” 93 v Exhibit “E” 94 vi Exhibit “F” 95 ORDINANCE NO. _____ AN ORDINANCE OF THE CITY OF COLLEGE STATION, TEXAS, PROVIDING FOR THE EXTENSION OF THE BOUNDARY LIMITS OF THE CITY OF COLLEGE STATION, ANNEXING CERTAIN TERRITORY ADJACENT TO THE PRESENT BOUNDARY LIMITS OF THE CITY OF COLLEGE STATION; APPROVING A SERVICE PLAN FOR THE ANNEXED PROPERTY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of College Station has the power by ordinance to fix the boundary limits of the City of College Station and to provide for the extension of such boundary limits and the annexation of additional territory lying adjacent to City of College Station by the City Charter of the City of College Station, Texas, Article II, Section 7; and WHEREAS, on January 10, 2008, the City Council of the City of College Station directed staff to prepare a service plan for approximately 6,822 acres of land identified for annexation; and WHEREAS, the City Council finds that all the required notices were given in the time and manner required by law; and WHEREAS, public hearings before the City Council were held in the Council Chambers on January 24, 2008 and January 29, 2008, both dates being on or after the 20th day but before the 40th day before the date of the institution of the annexation proceedings to allow all interested persons to state their views regarding the annexation; and WHEREAS, the City Council finds that the annexation will ensure consistent and orderly development of the annexed areas; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: The tract of land described in Exhibit A1 attached hereto and made a part of this ordinance for all purposes, is hereby added to and annexed to the City of College Station, Texas. PART 2: The Service Plan, Exhibit B, attached hereto and made a part of this ordinance for all purposes, which provides for the extension of municipal services to the annexed property, is approved as part of this ordinance. The Service Plan was made available for public inspection and explained at the public hearings held on January 24, 2008 and January 29, 2008. PART 3: Should any part of this ordinance be held illegal or invalid for any reason, the holding shall not affect the remaining sections or portion of sections or provisions of this ordinance. PART 4: That upon final approval and after the effective date of this ordinance, all property annexed shall be zoned A-O (Agricultural Open). PART 5: That, upon final passage hereof and after the effective date of this ordinance, the annexed territory shall be a part of the City of College Station, Texas, and the property situated shall bear its pro rata portion of the taxes levied by the City of College Station and the inhabitants thereof shall be entitled to all of the rights and privileges of all the citizens and shall be bound by the acts, ordinances, resolutions, and regulations of the City of College Station. 96 ORDINANCE NO.__________________ Page 2 c\c:\docume~1\chooks\locals~1\temp\ordinance .doc 3/7/08 PART 6: That this ordinance shall become effective on 29 March 2008. PASSED, ADOPTED and APPROVED this 13th day of March, 2008. APPROVED: ______________________________ Ben White, Mayor ATTEST: ____________________________ City Secretary APPROVED: ____________________________ City Attorney 97 March 13, 2008 Regular Agenda Item 2 Comprehensive Plan Amendment for 2950 Rock Prairie Road West To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion on a Comprehensive Plan Amendment from Retail Neighborhood and Single-Family Residential, Medium Density to Single-Family Residential, High Density for 10.44 acres located at 2950 Rock Prairie Road West generally located west of the intersection with Old Wellborn Road on the north side of Rock Prairie Road West. Recommendation(s): The Planning and Zoning Commission recommended approval of Single Family Residential, High Density (7-0) at their February 21st meeting. Staff also recommended approval. Comprehensive Plan Review Criteria: 1. Changed or changing conditions in the subject area or the City: The subject area was annexed into the City in 2002. In 2003, the City initiated a small area plan for the area known as the Wellborn Road/I&GN Triangle. This area includes the subject property and is bounded by Wellborn Rd to the east, Jones Butler (I&GN) Rd to the west, Harvey Mitchell Pkwy to the north, and North Graham Rd to the south. The subject property land uses of Retail Neighborhood for approximately 5 acres fronting Rock Prairie Rd W and Single Family Residential Medium Density for approximately 5.5 acres to the north of that. The applicant is requesting Single Family Residential High Density in order to pursue a rezoning request for a R-3, Townhouse zoning district. The applicant states that the conditions warranting the Comprehensive Plan Amendment include “the increased demand for townhouses for retirees, students and young professionals who want home ownership, but without the maintenance requirements of a typical single family home and yard.” Other recent developments in the subject area include the development of the 20-acre Williamsgate Subdivision which is about 125 feet west of the subject property. It was rezoned to R-1, Single Family Residential in 2004 and has been subsequently platted. Two properties along Old Wellborn Rd were rezoned to C-2 Commercial-Industrial in 2003 and 2004 and have been developed C-2 retail uses. These developments have followed the land use pattern the small area plan provides. Wellborn Road, a Major Arterial on the City’s Thoroughfare Plan will also be widened by TxDOT from two lanes to six lanes with an anticipated letting of the project later this year. 2. Compatibility with the remainder of the Comprehensive Plan: Several land use designations surround the subject property. Single Family Residential Medium Density is to the north and west, Retail Neighborhood and Transitional to the east and Industrial / Research & Development to the south of Rock Prairie Rd W. Single Family Residential Medium Density allows for single family uses with densities ranging between 3 to 6 dwelling units per acres while the Single Family Residential High Density allows for single family uses with 7 to 9 dwelling units per acres. In addition to 98 detached single family, the High Density designation allows for townhouse zoning districts. Industrial / Research & Development is described in the Comprehensive Plan as “areas permitting medium to large-scale development of tax-generating developments such as industrial/R&D parks, technology centers, clean manufacturing, and assembly/distribution.” The Industrial/R&D area south of Rock Prairie Road W is approximately 43 acres in size and a significant portion has been platted as the Rock Prairie Road West Business Park. The Wellborn Road / I&GN Triangle small area plan created the land use designation of “Transitional.” This designation replaced the Single Family Residential Medium Density for approximately 63 acres along Old Wellborn Rd and adjacent to the railroad. About 38 acres of this area is south of Cain Road. The plan acknowledged that while single family was not impossible next to the railroad, the market would likely place pressure for other land uses. The small area plan states several different uses may be appropriate in Transitional including: commercial/warehouse, light industrial, general retail, office and multi-family. Since the designation allows for many different, including some intense land uses, Staff recognizes that the request may help transition to lower intensity developments to the west. Retail Neighborhood anticipates “areas permitting neighborhood-scale development of tax-generating developments such as small retail centers, service commercial, restaurants, etc.” Including the subject property, the area has approximately 11 acres of Retail Neighborhood. If this request is granted, almost 6 acres Retail Neighborhood area will still remain on the property to the east. As for other planned commercial uses, there is about 29 acres of land designated as Retail Regional along Wellborn Road near Rock Prairie Road and another 10 acres at the intersection of Wellborn Road and Cain Road. With a significant amount of other commercial designations available in the area and some Retail Neighborhood being retained, Staff acknowledges the additional Retail Neighborhood provided by the subject property as not being essential. Budget & Financial Summary: N/A Attachments: 1. Small Area Map (SAM) and Aerial Map 2. Draft Planning and Zoning Commission Meeting Minutes, February 21, 2008 3. Ordinance 99 100 101 102 February 21, 2008 P&Z Regular Meeting Minutes Page 1 of 2 MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, February 21, 2008 at 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Bill Davis, Harold Strong, Derek Dictson, Glenn Schroeder and Noel Bauman COMMISSIONERS ABSENT: None CITY COUNCIL MEMBERS PRESENT: None CITY STAFF PRESENT: Senior Planner Lindsay Boyer, Staff Planners Crissy Hartl, Jason Schubert, Matt Robinson and Lauren Hovde, City Engineer Alan Gibbs, Director Bob Cowell, Assistant Director Lance Simms, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell 1. Call Meeting to Order. Chairman Nichols called the meeting to order at 7:05 p.m. 6. Public hearing, presentation, possible action, and discussion on a Comprehensive Plan Amendment from Retail Neighborhood and Single-Family Residential, Medium Density to Single-Family Residential, High Density for 10.44 acres located at 2950 Rock Prairie Road West generally located west of the intersection with Old Wellborn Road on the north side of Rock Prairie Road West. Case #07-00500343 (JS) Jason Schubert, Staff Planner, presented the Comprehensive Plan Amendment and recommended approval. Commissioner Bauman expressed concern about traffic issues. There was discussion about the tract of land between Williams Gate and the subject property and Commissioner Dictson asked if the tract was a usable piece of property. Mr. Schubert stated that the tract was not a usable tract of land. Joe Schultz, 2033 Harvey Mitchell Parkway South, stated that a minor collector would be built through the development and would provide access on to Rock Prairie Road. He 103 February 21, 2008 P&Z Regular Meeting Minutes Page 2 of 2 also stated that all of the ponds on the property are handmade and could be drained completely. Wallace Phillips, 13720 Hopes Creek Road, stated that he has been in contact with the surrounding property owners and they are working together to make the development work. Ken Tripp, 2900 Cain Road, expressed concern about drainage in the area. Mr. Schubert stated that drainage reports would be required at the platting stage. Commissioner Sanford motioned to recommend approval of the Comprehensive Plan Amendment. Commissioner Schroeder seconded the motion, motion passed (7- 0). 10. Adjourn. Commissioner Davis motioned to adjourn the meeting. Commissioner Bauman seconded the motion, motioned passed (7-0). Meeting adjourned at 8:45 p.m. Approved: ________________________________ John Nichols, Chairman Planning and Zoning Commission Attest: _____________________________________ Brittany Caldwell, Staff Assistant Planning and Development Services 104 ORDINANCE NO. AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE COMPREHENSIVE PLAN LAND USE MAP, FOR THE AREA LOCATED AT 2950 ROCK PRAIRIE ROAD WEST, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1 : That the "Comprehensive Plan of the City of College Station" be amended by amending the "Comprehensive Plan Land Use Map" as set out in Exhibits "A and "B", for the identified area and made a part of this ordinance for all purposes. PART 2: That if any provisions of any section of this ordinance shall be held to be void or unconstitutional, such holding shall in no way effect the validity of the remaining provisions or sections of this ordinance, which shall remain in full force and effect. PART 3 : That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this day of ,2008. ATTEST: APPROVED: City Secretary MAYOR APPROVED: 105 ORDINANCE NO. EXHIBIT "Att AMENDED AREA OF COLLEGE STATION LAND USE MAP That the "Comprehensive Plan" of the City of College Station, Texas, is hereby amended by amending the College Station Land Use Plan Map as follows: The 10.44 acres generally located at 2950 Rock Prairie Road W is amended from Retail Neighborhood and Single Family Residential Medium Density to Single Family Residential High Density, as shown on the attached Exhibit "B". 106 ORDINANCE NO. EXHIBIT "B" 107 March 13, 2008 Regular Agenda 3 Summerglen Neighborhood Prevailing Overlay Rezoning 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 rezoning Glenhaven Subdivision Phase 1 and 3 to apply a Neighborhood Prevailing Overlay (NPO) for those properties located on Summerglen Drive between University Drive East and Glenhaven Drive Recommendation(s): The Planning and Zoning Commission unanimously recommended approval at their February 21 st meeting. Staff recommended approval Rezoning Review Criteria: 1. Consistency with the Comprehensive Plan: The Single Family Overlays are consistent with Comprehensive Plan Goal 3 – College Station should continue to protect, preserve, and enhance existing and future neighborhoods. The Neighborhood Prevailing Overlay is intended to promote development that is compatible with the existing character of the neighborhood and preserve the unique characteristics of College Station’s established neighborhoods while balancing the need for the redevelopment of vacant or underutilized property. The Summerglen Neighborhood Association represents 29 homes on Summerglen Drive that were platted 20 years ago and is an established section of the Glenhaven Subdivision. The character is primarily single-story residences with street-facing garages. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The immediately adjacent properties are zoned for single-family and office, and the overlay is compatible with the adjacent properties. 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 properties are all developed as single-family uses making it eligible for a Single-Family Overlay. 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: There is no change in use involved in the designation of a Single-Family Overlay. 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 property may continue to be maintained for single-family uses on the property and marketed as such. The overlay will impact an owner’s ability to make additions or major modifications to the existing structures, and the ability to rebuild on a lot. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: As an existing 108 neighborhood, adequate water, wastewater, stormwater, and transportation facilities exist to support the uses in the overlay. Budget & Financial Summary: N/A Attachments: 1. Item Background 2. Additional Criteria for Single-Family Overlays 3. Draft Minutes, Planning and Zoning Commission Meeting, February 21, 2008 4. Ordinance 109 ITEM BACKGROUND NOTIFICATIONS Advertised Commission Hearing Date: 02-21-08 Advertised Council Hearing Dates: 03-13-08 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: Summerglen Neighborhood Association Post Oak Forest Home Owners Association Property owner notices mailed: 67 Contacts in support: None at the time of Staff Report Contacts in opposition: None at the time of Staff Report Inquiry contacts: 7 ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North Retail Regional C-1 and OV Gateway Retail Center South Residential Single Family, Medium and High Density PDD and R-1 Residential, Post Oak Forest Subdivision and Glenhaven Estates Subdivision Phase 2 East Office AP and C-1 Scott and White Clinic West Office and Residential Single Family, High Density AP and PDD Office and Residential, Post Oak Forest Subdivision DEVELOPMENT HISTORY Annexation: 1958 Zoning: R-1 since annexation, R-1 to R-3 for Phase 1 in 1981 Final Plat: 1988 and 1991 Site development: Existing single-family, with 1 vacant lot 110 ADDITIONAL SINGLE FAMILY OVERLAY INFORMATION 1. Overlay District Boundaries: The boundary of this overlay includes 29 lots platted as two phases of the Glenhaven Subdivision and do not need to meet the minimum 30 lot requirement since they are platted subdivisions. The boundaries include two sides of one street, encompassing one whole block face. 2. Neighborhood Meeting Requirements: The Neighborhood representatives attended a Pre-Application Conference with City Staff on January 11, 2008. A neighborhood meeting was also held with City Staff on January 26, 2008 with two neighbors in attendance. The neighborhood has also held a neighborhood meeting prior to their application for rezoning where Councilmember John Crompton discussed the overlay with the neighbors on December 1, 2007. 3. Petition by the Owners: The Summerglen Neighborhood Association presented a petition signed by 62% of the owners in the neighborhood, verified by Staff with information from the Brazos County Appraisal District. 4. District Requirements: New construction, redevelopment, or additions to any structure within the Neighborhood Prevailing Overlay must develop according to the median pattern of development for the following standards: · Minimum front setback · Maximum front setback · Minimum side street setback · Minimum lot size · Building height · Maximum lot coverage The following item also apply based on the most frequent pattern of placement: · Garage location and orientation Landscaping is also included in the overlay and provides standards for the preservation, protection, and replacement of existing mature trees. 111 MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, February 21, 2008 at 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Bill Davis, Harold Strong, Derek Dictson, Glenn Schroeder and Noel Bauman COMMISSIONERS ABSENT: None CITY COUNCIL MEMBERS PRESENT: None CITY STAFF PRESENT: Senior Planner Lindsay Boyer, Staff Planners Crissy Hartl, Jason Schubert, Matt Robinson and Lauren Hovde, City Engineer Alan Gibbs, Director Bob Cowell, Assistant Director Lance Simms, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell 1. Call Meeting to Order. Chairman Nichols called the meeting to order at 7:05 p.m. 2. Public hearing, presentation, possible action, and discussion on a Rezoning of 7.358 acres of the Glenhaven Subdivision Phases 1 and 3 to apply a Neighborhood Prevailing Overlay (NPO) for those properties located on Summerglen Drive between University Drive East and Glenhaven Drive. Case #08-00500002 (LB) Lindsay Boyer, Senior Planner, presented the rezoning and recommended approval. There was discussion in general regarding the rezoning. Susan Irza, 605 Summerglen Drive, stated that she was appreciative of the opportunity that the City has given to protect neighborhoods. Commissioner Sanford motioned to recommend approval of the rezoning. Commissioner Bauman seconded the motion, motion passed (7-0). 112 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this day of ,2008. APPROVED: MAYOR ATTEST: City Secretary APPROVED: 113 ORDINANCE NO. EXHIBIT "A" Page 2 That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, is hereby amended as follows: The following is rezoned to apply an NPO, Neighborhood Prevailing Overlay Zone as provided in the Unified Development Ordinance, Article 5, Section 5.9 and shown graphically in Exhibit "B:" LOTS 1 THROUGH 12 OF BLOCK 13 OF THE GLENHAVEN ESTATES PHASE I11 SUBDIVISION and LOTS 1 THROUGH 21 OF BLOCK 12 OF THE GLENHAVEN ESTATES PHASE I SUBDIVISION 114 ORDINANCE NO. EXHIBIT "B" Page 3 115 March 13, 2008 Regular Agenda Item 4 Rezoning for 3990 & 3994 University Drive East To: Glenn Brown, City Manager From: Bob Cowell, AICP, Director of Planning & Development Services Agenda Caption: Public hearing, presentation, possible action, and discussion on a rezoning from A-O, Agricultural Open to C-1, General Commercial for a 28.34 acres tract located at 3990 and 3994 University Drive East located approximately 1600 feet west of the intersection of University Drive East and SH 30. Recommendation(s): The Planning and Zoning Commission unanimously recommended approval of the rezoning. Staff recommended approval. Summary: The subject request was analyzed for compliance with the review criteria for a rezoning as stated in the Unified Development Ordinance as follows: REVIEW CRITERIA 1. Consistency with the Comprehensive Plan: The subject property is vacant and is designated as Planned Development under the Land Use Plan. This area is part of the 30/60 Study, which calls for land uses that are complimentary to larger-scaled development. A PDD, Planned Development District or standard zoning districts that allow regional retail uses are considered appropriate for the area. 2. Compatibility with the present zoning and conforming uses of nearby property and with the character of the neighborhood: The proposed zoning is compatible with existing zoning as commercial uses are compatible with other commercial uses as well as multi-family land uses. The surrounding properties include Park Hudson located across University Drive East in Bryan, Texas which currently has multi-family, commercial and medical development. Crescent Pointe is located to the west and includes a large office building and additional phases that have multi-family development and offices. The Summit Crossing development currently calls for town-homes and duplexes. 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 subject property is suitable for the proposed zoning district due in part to its access to University Drive East, a Major Arterial on the City’s Thoroughfare Plan. In addition, the district would be adjacent to an existing commercial district. The 30/60 Study calls for uses that complement larger-scaled commercial development, such as hotels and restaurants, and they should be incorporated into the larger developments. Small stand-alone development should be avoided. 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 subject property’s current zoning district limits the potential for development. A-O, Agricultural Open allows for agricultural uses, very low-intensity residential, or open space. 116 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 owner is seeking to enhance the marketability of the property through the proposed zone change. The applicant intends to market part of the property as a hotel. 6. Availability of water, wastewater, stormwater, and transportation facilities generally suitable and adequate for the proposed use: There is an existing water main available to serve this property. Sanitary sewer service will have to be extended from off-site and available capacity verified to serve this property. Drainage is mainly to the south toward a well defined drainage way, also off-site. Off-site utility easements will be required for sanitary and stormwater conveyance. All utilities shall be designed in accordance with BCS Unified Design Guidelines at the time of Platting and Site Development. Budget & Financial Summary: N/A Attachments: 1. Small Area Map (SAM) and Aerial 2. Draft Planning and Zoning Commission Meeting Minutes, February 21, 2008 3. Ordinance 117 118 119 February 21, 2008 P&Z Regular Meeting Minutes Page 1 of 2 MINUTES PLANNING AND ZONING COMMISSION Regular Meeting Thursday, February 21, 2008 at 7:00 p.m. City Hall Council Chambers 1101 Texas Avenue College Station, Texas COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Bill Davis, Harold Strong, Derek Dictson, Glenn Schroeder and Noel Bauman COMMISSIONERS ABSENT: None CITY COUNCIL MEMBERS PRESENT: None CITY STAFF PRESENT: Senior Planner Lindsay Boyer, Staff Planners Crissy Hartl, Jason Schubert, Matt Robinson and Lauren Hovde, City Engineer Alan Gibbs, Director Bob Cowell, Assistant Director Lance Simms, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell 7. Public hearing, presentation, possible action, and discussion on a rezoning from A-O, Agricultural Open to C-1, General Commercial for a 28.34 acres tract located at 3990 and 3994 University Drive East located approximately 1600 feet west of the intersection of University Drive East and SH 30. Case #08-00500006 (MR) Matt Robinson, Staff Planner, presented the rezoning and recommended approval. There was discussion in general regarding the rezoning. Parviz Vessali, 110 Pershing, stated that he did not consider rezoning the property to PDD because he had never had a good experience with a PDD rezoning and that it cuts down on the timing of development. Commissioner Dictson stated that it is frustrating to him that developers are having problems with PDD rezonings. Director Cowell stated it is not that the developers are having problems with PDD rezonings, but that it is the length of time required in a PDD rezoning. Commissioner Dictson asked if the owner owned the back of the property and Mr. Robinson stated that he did own the back of the property. 120 February 21, 2008 P&Z Regular Meeting Minutes Page 2 of 2 Commissioner Dictson motioned to recommend approval of the rezoning. Commissioner Schroeder seconded the motion, motion passed (7-0). 121 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, be amended as set out in Exhibit "A", attached hereto and made a part of this ordinance for all purposes. PART 2: That any person, firm, or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two Thousand Dollars ($2,000.00). Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. Said Ordinance, being a penal ordinance, becomes effective ten (10) days after its date of passage by the City Council, as provided by Section 35 of the Charter of the City of College Station. PASSED, ADOPTED and APPROVED this day of ,2008 APPROVED: MAYOR ATTEST: City Secretary APPROVED: 122 ORDINANCE NO. EXHIBIT "B" Page 3 METES AND BOUNDS DESeRIPTlON OF A 2834 ACRE TRACT J. W. SCOTT SURVEY, A-49 COI,LEGE $TATION, BWOS COmW, mXAS METFS AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SlTUATED IN THE J. W. SCOTT SURVEY, ABSTIUCT NO. 49, COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING A- PORTION-OF-A 31.978 ACRE TRACT AS DESCRIBED BY A DEED TO THE SUMMIT CROSSTNG, LLC, RECORDED TN VOLUME 7675, PAGE 179 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS AND ALL OF A 12.545 ACRE TRACT OF LAND DESCRIBED BY A DEED TO TECfMOLODGJNG, LP., TECHNOFOODS INC. AND SALIM ISMAIL RECORDED If\l VOLUME 7675, PAGE 200 OF THE OFFICIAL PUJ3LIC RECORDS OF BRAZOS COUNTY, TEXAS. SAD TRACT BEING MORE PARTICULARLY DFSCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2 INCH IRON ROD FOm ON 'II-IE SOUmST LINE OF Fbf 65 (120' k0.W.) MARKING THE WEST CORNER OF SAID 31.978 ACRE TRACT AND THE NORTH CORNER OF CRESCENT POIXT, TRACT ONE, ACCORDING TO THE PLAT RECORDED &' VOLUME 5708, PAGE 76 OF THE OFFICW, PUBLIC RECORDS OF RRAZOS COUhlTY, TEXAS; THENCE: N 42' 10' 23" E ALONG THE SOUTHEAST JJNE OF FM 60, AT 619.42 FEET PASS A POINT MARKNG THE MOSTNORTHERLY COWER OF SAID31.978 ACRE TRACT,CONTf!WE FORA TOTAL DlSTANCE OF 1 191.37 FEETTO A % INCH RON ROD FOUND MARKING THENORTH CORN?3 OF SAJD 12.545 ACRE TRACT AND THE NORTH CORNER OF THIS HEREIN DESCRIBED TRACT. SAD POINT MARKTNG TKE WEST CORNER OF A CALLED 35.9 1 ACRE TRACT OF LAND DESCRlBED BY A DEED TO ROBERT FENRY CONANJAY, JR RECORDED JN VOLUME 2164, PAGE 51 OF THE OFFJCIAL PUBLIC RECORDS OF RwOS COUNTY, TEXAS; TIFENCE: S 45" 42' 41" E ALONG TKE NORTHEAST LINE OF SAID 12.545 ACRE TRACT FOR A DlSTANCE OF 1076.00 FEET TO A K INCH IRON ROD FOUND MARKING THE WEST CORNEROF SAD 12.545 ACRE TRACT kl WEST COP-?PP OF lEB HEREIN DESCRTBED TRACT. SAID POINT MARKMG THE SOUTH CORYER OF SAlD 35.91 ACE TRACT, THENORTIWT CORNER OF A 98.202 ACRE TRACT OF LAND DFSCRIBED BY A DEED TO THE SUMMIT CROSSING, LI,C RECORDED IN VOLUME 7541, PAGE 214 OF THE OFFICLAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS AND THE NORTHEAST CORNER OF SAID 3 1.978 ACRE TRACT; THENCE: S 43* 36' 3 1" W ALONG THE SOUTHEAST LINE OF SAID 12.545 ACRE TRACT, AT 450.16 FEET PASS THE SOUTH CORNER OF SAID 12.545 ACRETRACT-G AN INTERlOR ELLCORNER OF SAD 31.978 ACRE TRACT, CONTIhZlE THROUGH SAID 31.978 ACRE TRACT FOR A TOTAL DISTANCE OF 1154.18 FEET TO A POINT ON THE SOUTWWEST LlXT OF SAJD 31.978 ACRE TRACT AND THE NORTHEAST LtNE OF SAID CRESCENT POMTE, TRACT ONE. h4ARKlNG THE SOUTH CORNER OF THTS WREIN DESCRlBED TRACT; THENCE: N 46" 34' 47" W ALONG THE COMMON ]LINE OF SAlD 31.978 ACRE TRACT AND SAID CRESCENT POMTE, TRACT ONE, FOR A DISTANCE OF 636.99 FEET TO A 24 INCH OAK TREE FOUND MARKIhlG AN ANGLE POW M SAD LmE; THENCE2 N 45" 21' 30" W CONTMJWGALONG THE COMMON LINE OF SAID 3 1.978 ACRE TRACT 1 123 ORDINANCE NO. Page 4 AND CRESCENT POINTE, TRACT ONE, FOR A DISTANCE OF 128.28 FkET TO A 24 INCH OAK TEE FOUND MARKING AN ANGLE POINT IN SAID LME, THENCE: N 48' 12' 21'' W CONTINUING ALONG THE CO'MNON LINE OF SAID 3 1.978 ACRE TRACT AND CRESCENT POINTE, TRACT ONE, FOR A DISTANCE OF 162.98 FEET TO A 30 INCH OAK TREE FOUND MARKTNG AN ANGLE POTNT IN SAlD LINE; THENCE: N 55' 35' 26" W CONTINUING ALONG THE COMMON WNE OF SAlD 3 1.978 ACRE TRACT AND .CRESCENT POINTE, TRACT-ONE, FOR .A DISTANCE OF- 1 19.47 FEET-TO. THE POTPIT OF BEGINNING CONTAINING 28.34 ACRES OF LAND, MORE ORLESS, AS SURVEYED ON THE GKOWD SEPTEMDEq 2006. SEE PLAT PREPARED JANUARY, 2008, FOR MOREDESCRIPTTVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS HONORING THE DEED CALL BEARlNGS AS SHOWY IN THE DEED 767511 79. % BRAD KERR REGIS'ERED PROESSIONAL . . . . LAND SURVEYOR No. 4502 '( ,. . ._ . , . 6. - . \:. , . . C:\DRAWINGS\MAB\O8-003.MAD A. . . ._I . . ..: , *' 124 ORDINANCE NO. EXHIBIT "C" Page 5 125