HomeMy WebLinkAbout05/08/2008 - Regular Agenda Packet - City CouncilMayor 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, May 08, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
Pledge of Allegiance, Invocation, Consider absence request
Presentation to the College Station City Council by Tyler Koch, Speaker of the TAMU Student Senate
and Darrek Ferrell, Chairman of the External Affairs Committee.
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 STATION, 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 minutes for City Council regular meeting, April
24, 2008.
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Thursday, May 8, 2008
b. Presentation, possible action, and discussion concerning amending the City Internal Auditor’s
annual audit plan.
c. Presentation, possible action, and discussion concerning consideration of a resolution for public
involvement in roadway capital improvement projects.
d. Presentation, possible action, and discussion regarding a Reciprocal Right-of-Way and Access
Easement Agreement with Crescent Pointe, Ltd. and the Texas A&M System.
e. Presentation, discussion, and possible action terminating a Professional Services Contract with
Hidell Associates – Architects for the design of the improvements necessary to complete the second
floor of the Municipal Court Building.
f. Presentation, possible action, and discussion on a Resolution of the City Council of College
Station, Texas, approving an Advance Funding Agreement (AFA) with the Texas Department of
Transportation (TxDOT) to design and construct additional lanes on State Highway 30 from 4.20
miles west of F.M. 244 to 4.63 miles west of F.M. 244 and adjacent to the BVSWMA Twin Oaks
Landfill site for the purpose of providing safe ingress and egress from said facility in an amount not
to exceed $656,750.
g. Presentation, possible action and discussion regarding the approval of a resolution approving
equipment expenditures in the amount of $115,996 for the Communications Trailer and a Radio
Control Assembly for the Remotec Bomb Robot.
h. : Presentation, possible action and discussion regarding the approval of a resolution approving
redistribution of Homeland Security Funds from the Live Scan project to the TDEx Implementation
Project in the amount of $9,718.03.
i. Presentation, possible action and discussion regarding the approval of a resolution approving the
2006 Grant Adjustment Notice dated April 9, 2008, closing out the 2006 State Homeland Security
Program Grant.
j. Presentation, possible action, and discussion ratifying a change order to Contract #06-060 in the
amount of $36,803.14 to Knife River Inc, (formerly Young Contractors, Inc.) for construction work
associated with West Park Rehabilitation Project.
k. Presentation, possible action, and discussion ratifying Change Order No. 3 to the construction
contract (Contract No. 06-048) with Austin Filter Systems, Inc. in the amount of $61,430.50.
l. Presentation, possible action, and discussion to approve a Change Order for the FM 2818/Welsh
Pedestrian Improvements Project in the amount of $63,885.57. This Change Order decreases the
contract amount.
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
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Thursday, May 8, 2008
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. Public hearing, presentation, possible action and discussion on a rezoning from PDD Planned
Development District to PDD Planned Development District to amend the Concept Plan related
to buffer fence requirements for 10 lots on 3.208 acres located at 1201, 1203, 1205, 1207, 1209,
1211, 1213, 1215, 1217, and 1219 Ebbtide Cove, generally located southwest of the
intersection of State Highway 6 and Nantucket Drive.
2. Public hearing, presentation, possible action, and discussion on an ordinance amending the
Land Use Plan element of the Comprehensive Plan Single-Family Residential Medium Density
to Office for 14.15 acres located at 3690 & 3695 Longmire Drive, and more generally located
along both the east and west sides of Longmire Drive, south of the intersection of Longmire
Drive and Bridle Gate Drive.
3. Public hearing, presentation, possible action, and discussion on an ordinance amending the
Land Use Plan element of the Comprehensive Plan from Single-Family Residential Medium
Density to Single-Family Residential High Density for 3 acres at 3072 Rock Prairie Road West,
generally located west of the intersection of Rock Prairie Road West and Wellborn Road.
4. Public hearing, presentation, possible action, and discussion on an ordinance rezoning 13.44
acres from A-O Agricultural Open to R-3 Townhomes for the property located at 2950 and
3072 Rock Prairie Road West, generally located west of the intersection of Rock Prairie Road
West and Wellborn Road.
5. Public hearing, presentation, possible action and discussion on a rezoning from A-O,
Agricultural Open to R-3, Townhouse for 10.434 acres located at 3180 Cain Road generally
located southwest of the intersection of Cain Road and Jones Butler Road.
6. Public hearing, presentation, possible action and discussion on a rezoning from A-O
Agricultural Open and R-4 Multi-Family to A-O Agricultural Open and R-4 Multi-Family to
readjust zoning boundaries based on FEMA floodplain lines, with no net gain in developable
area, for 12.93 acres located at 1300 Harvey Mitchell Parkway, generally located southeast of
the intersection of Harvey Mitchell Parkway and Jones Butler Road.
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Thursday, May 8, 2008
7. Public Hearing, presentation, possible action, and discussion of the design of the Barron Road
Capacity Improvements Project. This Phase of the Barron Road Capacity Improvement Project
begins at Decatur and extends to the State Highway 6 Frontage Road.
8. Public hearing, presentation, possible action, and discussion on an ordinance amending the
Comprehensive Plan from Rural Residential to Planned Development for 293.233 acres located
along Greens Prairie Trail generally located between Greens Prairie Road West and Royder
Ridge.
9. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating
and abandoning 0.077 acre of public utility easement, which is located on (College Hills
Elementary School) Lot 4 of Christy Subdivision according to the plat recorded in Volume 213,
Page 463 of the Deed Records of Brazos County, Texas, and 8.62 acre Tract described by deed
recorded in Volume 204, Page 275 of the Deed Records of Brazos County, Texas.
10. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating
and abandoning 0.3978 acre of public sanitary sewer easement, which is located on 8.572 Acre
Tract as described in Deed recorded in Volume 204, Page 198 of the Deed Records of Brazos
County, Texas, and on 8.62 Acre Tract as described in Deed recorded in Volume 204, Page 275
of the Deed Records of Brazos County, Texas.
11. 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, May 08, 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 5th day of May, 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 May 5, 2008 at 2:30 pm and
remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting.
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Thursday, May 8, 2008
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.
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Mayor Councilmembers
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, April 24, 2008 at 7:00 pm
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor White, Mayor Pro Tem Gay, Council members
Crompton, Massey, McIlhaney
COUNCIL MEMBERS ABSENT: Council members Ruesink, Scotti
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. Members of Cub Scout Troop Pack 602, Wolf
Den #2 led the audience in the Pledge of Allegiance. Mayor White provided the invocation.
Council member Chris Scotti and David Ruesink absent.
A motion was made by Mayor Pro Tem Gay to approve the absence request by Council members
Ruesink and Scotti and seconded by Council member Massey which carried 5-0.
FOR: Mayor White, Gay, McIlhaney, Massey and Crompton
AGAINST: None
ABSENT: Ruesink, Scotti
Presentation of Watermark Awards
Mayor White and City Manager Glenn Brown presented the Watermark Award from the Texas Section
of the American Water Works Association and the Water Environment Association of Texas to
Jennifer Nations, Water Resources Coordinator and Mark Beal, Broadcast Media Specialist.
Hear Visitors
No one spoke.
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Thursday, April 24, 2008
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.
a. Approved minutes of April 10, 2008 City Council workshop and regular meetings.
b. Approved Resolution No. 4-24-08-2b, Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) to construct the pedestrian improvements in the State right-
of-way at the Longmire and FM 2818 intersection. The estimated cost of the City’s participation,
$607,500.
c. Approved Resolution No. 4-24-08-2c awarding contract #08-146 for the Carters Creek
Wastewater Treatment Plant Diffuser Replacement Project to Bryan Construction Co. in the amount
of $206,800.
d. Approved Inter-Local Agreement with Texas A&M University to share the cost of a Socio-
Economic Impact study on groundwater exports.
e. Approved Change Order No. 1 to engineering design contract #07-152 with Malcolm-Pirnie, Inc
in the amount of $18,900 to re-design the parallel water transmission line at the Machine Works,
Inc. property.
f. Approved Change Order No. 1 to contract #08-043 with HDR Engineering, Inc. in an amount not
to exceed $12,500.00 for the Landfill Gas to Energy Negotiation Assistance Project.
g. Approved Resolution No. 4-24-08-2g awarding Bid #08-49, to Bayer Electric for $225,232.00 for
the installation of traffic signals at the intersections of Rock Prairie Road and Rio Grande Blvd. and
Holleman Drive and Welsh Avenue.
h. Approved renewal of a consulting contract with First Southwest Company in an amount not to
exceed $200,000 for financial advisory services.
i. Approved estimated annual expenditures related to copying and printing services as follows:
Copy Corner ($50,000); Office Max ($50,000); Tops Printing ($50,000); and Newman Printing
($50,000).
j. Approved bid awarding the purchase of various distribution padmount transformers maintained in
inventory to Texas Electric Cooperatives for $60,806.00 and Wesco Electrical Distributors for
$205,073.00 for a total amount of $265,879.00. Bid #08-42.
k. Approved bid awarding purchase order to Environmental Improvements, Inc. in the amount of
$138,800 to overhaul the blowers at Carters Creek WWTP.
l. Approved contract with Carroll Buracker & Associates, Inc. for $94,750.00 to create a Police
Master Plan for the College Station Police Department.
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Thursday, April 24, 2008
A motion was made by Mayor Pro Tem Gay to approve consent agenda items 2a thru 2l and seconded
by Council member McIlhaney which carried 5-0.
FOR: Mayor White, Gay, McIlhaney, Massey and Crompton
AGAINST: None
ABSENT: Ruesink, Scotti
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion on an
ordinance rezoning 1.678 acres from C-2 Commercial-Industrial to C-1 General Commercial,
located at 3900 State Highway 6, and more generally located along the West Frontage Road of
State Highway 6, 680 feet north of the intersection of State Highway 6 West Frontage Road and
Rock Prairie Road.
Introduced by Bob Cowell, AICP, Director of Planning & Development Services.
Crissy Hartl, Staff Planner presented a request to rezone 3900 State Highway 6 from C-2 Commercial-
Industrial to C-1 General Commercial. The Planning and Zoning Commission unanimously
recommended approval of the rezoning due to the consistency with the Comprehensive Plan, the
compatibility with the present zoning, and its feasibility to surrounding property uses.
Mayor White opened the public hearing. Developer Zaco Damna spoke on behalf of the rezoning.
Mayor White closed the public hearing.
A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3063 for the rezoning of 3900
State Highway 6 and seconded by Council member Massey which carried 5-0 from C-2 Commercial
Industrial to C-1 General Commercial.
FOR: Mayor White, Gay, McIlhaney, Massey and Crompton
AGAINST: None
ABSENT: Ruesink, Scotti
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion on an
ordinance rezoning 10.817 acres from A-O Agricultural Open to R-1 Single Family Residential
Medium Density, located at 14097 FM 2154, generally located along the east side of FM 2154,
north of the Barron Road intersection.
Introduced by Bob Cowell, AICP, Director of Planning and Development Services.
Jennifer Prochazka, Senior Planner briefly presented a request to rezone 14097 FM 2154 from A-O
Agricultural Open to R-1 Single Family Residential Medium Density. The Planning and Zoning
Commission unanimously recommended denial of the rezoning due to concerns with compatibility of
the proposed use with the surrounding low density development and potential street alignment issues.
Mayor White opened the public hearing.
Wanda McGill, 14025 FM 2154, expressed concerns about the traffic problems with the area.
Marian Prihoda, 14181 FM 2154, expressed concerns about the request.
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Thursday, April 24, 2008
Mayor White closed the public hearing.
A motion was made by Council member Crompton to deny the request for rezoning. Motion seconded
by Council member Massey. Motion carried unanimously, 5-0.
FOR: Mayor White, Gay, McIlhaney, Massey and Crompton
AGAINST: None
ABSENT: Ruesink, Scotti
Regular Agenda Item No. 3 -- Public hearing, presentation, possible action, and discussion on an
ordinance amending the Comprehensive Land Use Plan for 75.07 acres from Single-Family
Residential, Medium Density, Neighborhood Retail, Institutional, and Floodplains & Streams to
Single-Family Residential, Medium Density and Floodplains & Streams located at 450 William
D. Fitch Parkway generally located at the southwest intersection of Barron Road and William D.
Fitch Parkway.
Introduced by Bob Cowell, AICP, Director of Planning and Development Services.
Crissy Hartl, Staff Planner presented an overview of the ordinance amendment to the Comprehensive
Land Use Plan for 75.07 acres to improve and upgrade the development located at 450 William D.
Fitch Parkway. The Planning and Zoning Commission recommended approval.
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. 3064 amending the
Comprehensive Land Use Plan for 75.07 acres located at 450 William D. Fitch Parkway Single-Family
Residential, Medium Density, Neighborhood Retail, Institutional, and Floodplains & Streams to
Single-Family Residential, Medium Density and Floodplains & Streams. Seconded by Council
member Massey which carried 5-0.
FOR: Mayor White, Gay, McIlhaney, Massey and Crompton
AGAINST: None
ABSENT: Ruesink, Scotti
Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion on an
ordinance amending the Comprehensive Land Use Plan for 147.64 acres from Rural to Single-
Family Residential, Medium Density and Single-Family Residential, Low Density located at 3998
Rock Prairie Road West generally located at Great Oaks Drive and Rock Prairie Road West.
Introduced by Bob Cowell, AICP, Director of Planning and Development Services.
Crissy Hartl, Staff Planner presented an overview of the ordinance amendment to the Comprehensive
Land Use Plan for 147.64 acres from Rural to Single Family Residential, Low and Medium Density
located at 3998 Rock Prairie Road West. The Planning and Zoning Commission recommended
approval.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
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Thursday, April 24, 2008
A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3065 amending the
Comprehensive Land Use Plan for 147.64 acres located at 3998 Rock Prairie Road West located at
Great Oaks Drive and Rock Prairie Road West from Rural to Single-Family Residential, Medium
Density and Single-Family Residential, Low Density. Motion seconded by Council member Crompton
which carried 5-0.
FOR: Mayor White, Gay, McIlhaney, Massey and Crompton
AGAINST: None
ABSENT: Ruesink, Scotti
Regular Agenda Item No. 5 -- Presentation, possible action, and discussion regarding adoption of
a resolution awarding the sale, exchange or combination thereof regarding approximately 5
acres of land owned by the City of College Station located near the intersection of Jones Butler
Road and Dowling Road.
Bob Cowell Director of Planning and Development Services presented an overview of a proposed bid
for land exchange of five acres located near the intersection of Jones Butler Road and Dowling Road.
The purpose of this exchange was for future relocation of Jones Butler Road while continuing to
accommodate the construction of a new electric sub-station and the expansion of the existing water
facilities. Staff recommended rejecting the bid for land exchange due to the appraised value difference
between the two (2) properties and seeks new bids before May 22, 2008.
Veroncia Morgan with Mitchell, Morgan & Shear also representing future developer Cup Stone and
Property owner, Bruce Smith with TLS Properties spoke on behalf of the bid. She asked the Council
to compensate for the difference between the appraised values of about $105,000 dollars. If the
Council rejected the proposal the cost will be more.
David Coleman, Director of Water Services, was asked by Council member Crompton to give his input
of relocation costs. Mr. Coleman explained the additional cost was to relocate water reservoirs that the
land was set aside for.
Cheryl Turney, Assistant Director of Fiscal Services expressed to Council that the developer did take
response to the exception in the contract for the bid and the developer’s aware of these exceptions.
Mary Ann Powell, First Assistant City Attorney explained that the City has a choice to except or reject
this bid but there are no negotiations.
A motion was made by Council member Crompton to reject the bid for land exchange and seconded by
Council member McIlhaney which carried 5-0.
FOR: Mayor White, Gay, McIlhaney, Massey and Crompton
AGAINST: None
ABSENT: Ruesink, Scotti
Regular Agenda Item No. 6 -- Presentation, possible action, and discussion regarding
appointments to the Technical Task Force for Green College Station Action Plan.
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Thursday, April 24, 2008
Terry Childers, Deputy City Manager presented names to Council for consideration of appointment to
the Technical Task Force. This team will assist the City Manager to develop a Green College Station
Action Plan.
Proposed Task Force Members:
Bahman Yazdani, PE, CEM
Ronald A. Kaiser
Ming Han Li, Ph.D., PE
Stella Woodward
Bruce Dvorak
Hugh Stearns
Robin L. Autenrieth, Ph.D., PE
Margrit Moores
A motion was made by Council member Crompton to approve the appointment of names presented to
Council for the Technical Task Force and seconded by Council member McIlhaney.
Mayor Pro Tem Gay offered an amendment to the motion to strike Hugh Stearns from the proposed
Technical Task Force and seconded by Council member Massey which failed 2-3.
FOR: Gay, Massey
AGAINST: Crompton, McIlhaney, White
ABSENT: Ruesink, Scotti
Amended motion failed.
Original motion by Crompton passed by a vote of 3-2.
FOR: Crompton, McIlhaney, White
AGAINST: Gay, Massey
ABSENT: Ruesink, Scotti
Regular Agenda Item No. 7 -- Presentation, possible action, and discussion to present the results
of the recent study on projected Water Demands, conducted by HDR Engineers.
David Coleman, Director of Water Services presented to Council the results of the recent study on
projected Water Demands. HDR Engineers conducted the study which showed the growth patterns of
the City now and future years, which indicated that the City faces a potential peak demand water
shortage this year. The shortage will grow to almost 10 million gallons per day by 2016. He explained
how important and beneficial that this study be included in the City’s application to the Brazos Valley
Groundwater Conservation District for Drilling/Operating Permits for these future wells.
No formal action taken.
Regular Agenda Item No. 8 -- Adjourn.
Hearing no objections, Mayor White adjourned the meeting at 8:45 p.m. on Thursday, April 24, 2008.
PASSED and APPROVED this 8th day of May, 2008.
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Thursday, April 24, 2008
APPROVED:
___________________________________
Mayor White
ATTEST:
____________________________________
City Secretary, Connie Hooks
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May 8, 2008
Consent Agenda Item 2b
Amendment to the City Internal Auditor’s Annual Audit Plan
To: Glenn Brown, City Manager
From: Ty Elliott, City Internal Auditor
Agenda Caption: Presentation, possible action, and discussion concerning amending the
City Internal Auditor’s annual audit plan.
Recommendation(s): Amend the City Internal Auditor’s Annual Audit Plan as follows:
1. Purchasing card program
2. Purchasing processes and internal controls
3. Purchasing card program follow-up
4. Begin asset management and internal controls
The Audit Committee recommended approval of this amendment at its April 29 meeting.
Summary: On October 25, 2007, the City Council approved the following fiscal year 2008
(Oct 1, 2007 to Sept 30, 2008) audit plan:
1. Purchasing processes and internal controls
2. Public Works asset management and internal controls
3. Public Utilities asset management and internal controls
4. Cash handling procedures (if time permits)
In accordance with the fiscal year 2008 audit plan, the Purchasing Card Audit—an aspect of
the purchasing process—was completed and presented to the City Council on February 28,
2008. Other aspects of procurement that are typically audited include: field purchase
order, purchase order, or blanket purchase order processes; compliance with local, state,
and federal statutes; system controls and other internal control procedures; and
competitive bidding processes and regulations.
During the last two months, I have conducted additional audit work related to city
purchasing functions because of the inherent risks connected to the procurement of goods
and services. For example, the Association of Certified Fraud Examiners estimates that over
50 percent of the reported cases of occupational frauds in the U.S. are related to the
procurement process.
Based on this work, I recommend expanding the scope of audit work related to purchasing
processes and internal controls. This will result in a very comprehensive and thorough
review of procurement, but will extend the time necessary to complete the audit.
Therefore, I estimate the audit report will be completed sometime between September and
October 2008. Consequently, a review of asset management and internal controls within
Public Works or Utilities would not be completed at the conclusion of this fiscal year. I do,
however, plan to complete a follow-up audit report of the purchasing card recommendations
within the 2008 fiscal year.
The recommended fiscal year 2008 amended audit plan is as follows:
1. Purchasing card program (completed)
2. Purchasing processes and internal controls (in progress)
3. Purchasing card program follow-up
4. Begin asset management and internal controls
Budget & Financial Summary: None.
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May 8, 2008
Consent Agenda Item #2c
Public Involvement Process
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion concerning consideration
of a resolution to for public involvement in roadway capital improvement projects.
Recommendation(s): Staff recommends approval and adoption of this resolution
Summary: On December 13, 2007, Mr. Mark Smith delivered a presentation to the
Council outlining a proposed process to keep the Council and public involved in CIP roadway
projects. During that meeting, Council expressed a desire for a public hearing when staff
makes recommendations for design contracts and needs resolutions. In addition, a public
hearing will be held prior to advertising CIP roadway projects for construction bids.
The attached resolution reflects the direction provided by the Council during the December
13, 2007 meeting.
Budget & Financial Summary: N/A
Attachments:
Resolution
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C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Resolution revised.doc5/1/20082:30:11 PM
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING AND DIRECTING A PROCESS FOR INPUT REGARDING
ROADWAY PROJECTS IN THE CITY OF COLLEGE STATION.
WHEREAS, the City Council of the City of College Station, Texas (“City”), desires that the City
Council and the public be involved in the planning and development of Capital Improvement
Roadway Projects; and
WHEREAS, the City Council of the City of College Station, Texas, directed the City staff to
prepare a system ensuring that involvement; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby approves and directs City staff to ensure that
design contracts and needs resolutions for Capital Improvement Roadway
Projects be presented to Council and the public, in the form of a public hearing,
as a City Council Regular Agenda item at City Council meetings unless expressly
directed by City Council otherwise.
PART 2: That the City Council hereby approves and directs City staff to ensure that the
design process for Capital Improvement Roadway Projects include consultation
with the general citizenry as well as adjacent property owners and other
stakeholders unless expressly directed by City Council otherwise.
PART 3: That the City Council hereby approves and directs staff to ensure that City
Council approves the completed design for Capital Improvement Roadway
Projects in the form of a public hearing as a City Council Regular Agenda item at
City Council meetings prior to advertising Capital Improvement Roadway
Projects for construction bids unless expressly directed by City Council
otherwise.
PART 4: That for purposes of this Resolution, Capital Improvement Roadway Projects
refers to projects funded by capital funds devoted primarily to vehicular
transportation.
PART 5: That this resolution shall take effect immediately from and after its passage.
ADOPTED this _______ day of ________________________, A.D. 2008.
ATTEST: APPROVED:
______________________________ _________________________________
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C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Resolution revised.doc5/1/20082:30:11 PM
City Secretary MAYOR
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
______________________________
City Attorney
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May 8, 2008
Consent Agenda Item 2d
Crescent Pointe and Texas A&M System
Reciprocal Right-of-Way and Access Easement
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, possible action, and discussion regarding a Reciprocal
Right-of-Way and Access Easement Agreement with Crescent Pointe, Ltd. and the Texas
A&M System.
Recommendation(s): Staff recommends approval of the agreement.
Summary: The City Council was previously briefed about this agreement. The Texas A&M
Board of Regents approved the grant of easement as well as the reciprocal right-of-way
agreement at its December 6-7, 2007 meeting.
A summary of the terms of the agreement are as follows:
§ Texas A&M System grants conditional right-of-way and access easement on its property
§ Crescent Pointe, Ltd. will construct a roadway in the granted easement as well as a gate to
the A&M System property
§ College Station will assume maintenance of the roadway once complete
Budget & Financial Summary: N/A
Attachments:
1. Reciprocal Right-of-Way and Access Easement Agreement
17
RECIPROCAL RIGHT-OF-WAY
AND
ACCESS EASEMENT
1. TAMUS Grant of Easement. The BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM (hereafter, "TAMUS"), on behalf of the State of Texas, acting by and
through its duly authorized officer, under authority of the Board granted by Minute Order 272-
2007 on December 7, 2007, and by virtue of authority granted to the Board by TEX. EDUC.
CODE 585.26 (Vernon 2002), in consideration of the mutual benefits to be derived by the
parties, GRANTS, SELLS AND CONVEYS to the CITY OF COLLEGE STATION, a
governmental entity, (hereafter "COLLEGE STATION") its successors and permitted assigns,
a non-exclusive conditional right-of-way and access easement (the "TAMUS Easement") for
roadway purposes across certain property of TAMUS (hereafter the "TAMUS Property")
located in Brazos County, Texas, more particularly described in Exhibits "A" and "B" attached
and made a part of this Reciprocal Right-of-way and Access Easement (this "Agreement").
2. CRESCENT POINTE-FIRST VICTORIA NATIONAL BANK Grant of Easement.
CRESCENT POINTE, LTD., a domestic limited partnership (hereafter "CRESCENT
POINTE"), a private real estate development company, and FIRST VICTORIA NATIONAL
BANK, Victoria, Texas ("VICTORIA") acting by and through their respective duly authorized
officers, in consideration of the mutual benefits to be derived by the parties, GRANT, SELL
AND CONVEY to TAMUS, as Grantee, its successors and permitted assigns, a non-exclusive
right-of-way and access easement (the "CRESCENT POINTENICTORIA Easement") for
roadway purposes across certain property of CRESCENT POINTE and VICTORIA (hereafter
"the CRESCENT POINTEI VICTORIA Property") located in Brazos County, Texas, more
particularly described in Exhibits "C" and "D" attached and made a part of this Agreement.
3. Purpose and Location of Easements. The Easements are granted for the purpose of
constructing, operating and maintaining a roadway on the TAMUS Property, and an access
easement through the retail business center on the CRESCENT POINTENICTORIA
Property. A plat of the properties showing the surface area affected by the TAMUS Easement
and the CRESCENT POINTENICTORIA Easement and the location of the right-of-ways is
depicted on Exhibit "E" attached and made a part of this Agreement. The term "roadway" as
used in this Agreement means the paving, curb, gutter and surface drainage facilities for an
access street, but does not include the right to install utilities or to use the subsurface for any
purpose.
4. Right of Access. CRESCENT POINTE has the right of ingress and egress across
that portion of the TAMUS Property necessary for the purpose of constructing a roadway in the
TAMUS Easement. Thereafter, COLLEGE STATION will have the right of ingress and
egress across that portion of the TAMUS Property necessary for purposes of maintaining,
repairing, replacing and rebuilding the roadway in the TAMUS Easement. VICTORIA has the
right of ingress and egress across the TAMUS Easement in common with the public
System Real Estate Office
OFFICIAL DOCUMFN'F
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5. Duties. CRESCENT POINTE agrees it will construct a road to COLLEGE
STATION'S specifications on the TAMUS Property within the TAMUS Easement.
CRESCENT POINTE, as partial consideration for this Easement and at its sole expense, will
install a retractable gate with card reader or push button pad in that area shown on Exhibit "E"
and gift such gate to TAMUS. In addition, CRESCENT POINTE will install at its sole
expense a six foot (6') high chain link fence along the westerly right-of-way line of the TAMUS
Easement. All parties agree TAMUS will own and maintain the gate and fence after written
acceptance by TAMUS. Once construction is complete and the roadway is accepted by
COLLEGE STATION, COLLEGE STATION will assume maintenance of the roadway in the
TAMUS Easement. CRESCENT POINTE is responsible for any damage to real or personal
property of TAMUS on TAMUS Property during construction of the roadway and other
improvements. CRESCENT POINTE must, within a reasonable period of time, repair or
replace TAMUS' property to the extent it will, as nearly as practicable, be in like condition as
before such damage or destruction. At the option of TAMUS, in lieu of repairing or replacing,
money damages will be paid. Once COLLEGE STATION accepts the roadway in the TAMUS
Easement, COLLEGE STATION will be responsible for any damage to real or personal
property of TAMUS on TAMUS Property, provided that such damage results from
COLLEGE STATION'S maintenance, repair, replacement or rebuilding of the roadway on the
TAMUS Easement.
6. No Fee Interest Granted. The parties agree these grants are of non-exclusive right-of-
way easements for roadway and access purposes only, and do not grant any fee interest to the
surface or any interest in the minerals, on or under the respective Properties. These conveyances
are made subject to any and all outstanding easements and surface leases covering the Property.
TAMUS expressly subordinates all rights of surface use incident to the mineral estate to the
above described uses of the TANIUS Easement by COLLEGE STATION, CRESCENT
POINTE, and VICTORIA.
7. Duration of Easement. In accordance with the TEX. EDUC. CODE 585.26 (Vernon
2002). the TAMUS grant is for so long as the TAMUS Property is used as a roadway. If the
TAMUS Property ever ceases to be used as a roadway, the TAMUS Easement will
automatically terminate. If required by TAMUS, COLLEGE STATION andlor CRESCENT
POINTE shall remove all improvements within two (2) years following the date of termination
or abandonment of the TAMUS Easement. Notwithstanding the foregoing, TAMUS may
demand removal of the improvements in writing at any time following termination or
abandonment of the TAMUS Easement, and if the improvements are not removed within sixty
(60) days following such demand, TAMUS shall have the right to remove the improvements at
the expense of COLLEGE STATION and/or CRESCENT POINTE, which agrees to pay the
actual costs incurred by TAMUS for removal of the improvements within sixty (60) days
following written notice from TAMUS accompanied by reasonable supporting documentation.
If any removal causes injury to the TAMUS Property or adjacent TAMUS property,
COLLEGE STATION and/or CRESCENT POINTE will restore or pay for such damage
within sixty (60) calendar days after completion of such removal.
8. Reservation of Use. TAMUS expressly reserves:
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A. The right to use the TAMUS Property for its own benefit or the benefit of any of its
members, including without limitation the right to grant permits, licenses, and easement rights in
the TAMUS Property to other parties, so long as the use does not interfere with the use of the
TAMUS Easement as a roadway. If the use is subsurface, TAMUS agrees to contact the
appropriate utility department of COLLEGE STATION prior to any subsurface excavation in
order to avoid damage to utilities existing as of the date of this Agreement, if any.
B. The right to grant permits, licenses and easements covering -the TAMUS Property to
other parties for the benefit of third parties or the public, so long as the third party or public use
does not interfere with the use of the TAMUS Easement as a roadway.
C. COLLEGE STATION, CRESCENT POINTE, and VICTORIA will comply with
the Antiquities Code of Texas, TEX. NAT. RES. CODE ANN., Chapter 191 (Vernon 2001) gt
seq., and COLLEGE STATION, CRESCENT POINTE and VICTORIA further agrees title
to archaeological objects or artifacts, if any, in or on the TAMUS Property remain with
TAMUS.
9. Indemnification/Hold Harmless. CRESCENT POINTE, VICTORIA, and
COLLEGE STATION, to the extent allowed by the Constitution and Laws of the State of
Texas, and TAMUS, to the extent allowed by the Constitution and Laws of the State of Texas
agree to hold each of the other parties harmless from any and all claims, demands, liabilities, and
causes of action for personal injury or death and/or damage to or destruction of property or
improvements caused by, arising out of, or resulting from the exercise of each of parties rights
and obligations under this Agreement, provided, however, that CRESCENT POINTE hereby
expressly covenants, stipulates and agrees, without limitation, to indemnify and defend
COLLEGE STATION and TAMUS and hold them harmless from any and all liability, claim,
cause of action, and cost, including attorneys' fees, which may grow out of or be attributable to
the construction of the roadway in the TAMUS Easement.
10. Hazardous Waste. CRESCENT POINTE, VICTORIA, COLLEGE STATION
and TAMUS will not commit or suffer to be committed waste upon the .Properties; and will
comply with all applicable state, federal and local laws, rules and regulations with regard to the
use and condition of the improvements on the Properties.
CRESCENT POINTE, VICTORIA, COLLEGE STATION, and TAMUS will not
use the Properties or permit the Properties to be used so as to cause, suffer, or allow any
contamination of soils, ground water, surface water, or natural resources on or adjacent to the
Properties resulting from, but not limited to, spills or leaks of oil, gasoline, hazardous materials,
hazardous wastes, or other chemical compounds.
IF THE PRESENCE OF HAZARDOUS MATERIALS ON A PROPERTY IS
CAUSED OR PERMITTED BY A PARTY AND SUCH MATERIALS RESULT IN
CONTAMINATION OF THE PROPERTY OR IF CONTANIINATION OF A
PROPERTY BY HAZARDOUS MATERIAL OTHERWISE OCCURS AND IS
RELATED TO ONE OF THE PARTY'S USE, THEN SUCH PARTY, TO THE EXTENT
ALLOWED BY THE CONSTITUTION AND LAWS OF THE STATE OF TEXAS AS IT
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PERTAINS TO TAMUS AND COLLEGE STATION, SHALL INDEMNIFY, DEFEND,
AND HOLD THE OTHER PARTIES HARMLESS FROM ANY AND ALL CLAIMS,
JUDGMENTS, DAMAGES, PENALTIES, FINES, COSTS, LIABILITIES, OR LOSSES
(INCLUDING DIMINUTION IN VALUE OF THE PROPERTY, DAMAGES FOR THE
LOSS OF OR RESTRICTION ON USE OF THE PROPERTY OR OF ANY AMENITY
OF THE PROPERTY, AND SUMS PAID IN SETTLEMENT OF CLAIMS,
ATTORNEYS' FEES, CONSULTANTS' FEES AND EXPERTS FEES) WHICH ARISE
DURING OR AFTER THE EASEMENT TERM AS A RESULT OF SUCH
CONTAMINATION. THIS HOLD HARMLESS INCLUDES COSTS INCURRED IN
CONNECTION WITH ANY INVESTIGATION OF SITE CONDITIONS FOR ANY
CLEANUP AND REMEDIAL, REMOVAL, OR RESTORATION WORK REQUIRED
BY ANY FEDERAL, STATE, OR LOCAL GOVERNMENTAL AGENCY OR
POLITICAL SUBDIVISION BECAUSE OF HAZARDOUS MATERIAL PRESENT IN
THE SOIL OR GROUND WATER ON OR UNDER THE PROPERTIES.
11. Default and Termination. It is agreed upon default of any of these covenants,
conditions, and agreements, that TAMUS has the right, and such right is expressly reserved, to
declare the TAMUS Easement forfeited, without prejudice to any claim TAMUS may have
against COLLEGE STATION; provided, however, TAMUS will give written notice of its
intention to terminate the TAMUS Easement and the reasons for termination, and the other
parties will have thirty (30) calendar days after receipt of notice to rectify the default or
violation. Upon timely correction, the TAMUS Easement and this Agreement will remain in
hll force and effect. Upon termination or abandonment of the TAMUS Easement and this
Agreement all rights granted revert to TAMUS without the necessity of any further action or suit
on the part of TAMUS, and the other parties agree to file a Release of Easement in the Deed
Records of Brazos County, Texas. Abandonment will be deemed to have occurred when the
TAhIUS Property is not used as a roadway for a continuous period of one calendar year.
12. Waiver. No waiver of any default or breach of any term, condition, or covenant of
this Agreement will be a waiver of any other breach of any other term, condition, or covenant.
13. Privileges and Immunities. The Parties acknowledge that TAMCS is an agency of
the State of Texas and COLLEGE STATION is a governmental entity and nothing in this
Agreement will be construed as a waiver or relinquishment by either TAMUS or COLLEGE
STATION of its right to claim exemptions, privileges, and immunities as may be provided by
law.
14. Governing Law and Venue. The validity of this Agreement and all matters
pertaining to this Agreement, including but not limited to, matters of performance,
non-performance, breach, remedies, procedures, rights, duties, and interpretation or construction,
shall be governed and determined by the Constitution and the laws of the State of Texas.
Pursuant to Section 85.18, Texas Education Code, venue for any suit filed against TAMUS shall
be in the county in which the primary office of the chief executive officer of TAMUS is located.
15. Headings. Headings are for reference and will not be construed to limit or alter the
meaning of the provisions of this Agreement.
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16. Parties Bound. This Agreement is binding upon and inures to the benefit of the
parties and their respective heirs, executors, administrators, legal representatives, successors in
interest or office, and assigns (but this Section does not constitute permission for an assignment).
17. Saving Clause. Should any clause in this Agreement be found invalid by a court of
law, the remainder of' this Agreement will not be affected and all .other provisions in this
Agreement remain valid and enforceable to the fullest extent permitted by law.
18. Assignment. This Agreement is personal to COLLEGE STATION, CRESCENT
POINTE, and VICTORIA. COLLEGE STATION, VICTORIA and CRESCENT POINTE
may not sell, assign, encumber, or convey any rights in the TAMUS Easement without the prior
written consent of TAMUS, and any attempt by COLLEGE STATION, CRESCENT
POINTE or VICTORIA to sell, assign, encumber, or convey its interest in the TAMUS
Easement without such consent will cause this Agreement to terminate as it relates to the
TAMUS Easement.
19. Notices. Notices to any party will be signed by a representative of the party, or its
successors in interest or office, and delivered personally or sent by U.S. certified or registered
mail, return receipt requested, postage prepaid, addressed as follows:
If to TAMUS: System Real Estate Office
A&M System Building, Suite 2079
200 Technology Way
College Station, Texas 77845-3424
Phone: (979) 458-6350
Fax: (979) 458-6359
If to COLLEGE STATION: Glenn Brown
City Manager
City of College Station
P. 0. Box 9960
College Station, Texas 77842
If to CRESCENT POINTE: Crescent Pointe, Ltd.
4500 Carter Creek Parkway
Suite 101
Bryan, Texas 77802
If to VICTORIA: First Victoria National Bank
10 1 South Main
Victoria, Texas 77902
Attention: Don Sparks, Senior VP
20. Entire Agreement. This Agreement constitutes the entire agreement between
TAMUS, COLLEGE STATION, CRESCENT POINTE, and VICTORIA with respect to the
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subject matter and will not be explained, modified, or contradicted by any prior or
contemporaneous negotiations, representations, or agreements, either written or oral. This
Agreement may only be amended by a subsequent written instrument executed by all parties.
21. Effective Date. This Agreement is deemed to be in force on the day of
2008.
BOARD OF REGENTS OF THE TEXAS A&M
UNIVERSITY SYSTEM
By:
JAY KIMBROUGH
Deputy Chancellor and General Counsel
The Texas A&M University System
~ssibtsal Counsel
Office of General Counsel
The Texas A&M University System
ACKNOWLEDGEMENT
STATE OF TEXAS 8
§
COUNTY OF BRAZOS 5
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared JAY KIMBROUGH, Deputy Chancellor and General Counsel
of The Texas A&M University System, known to me to be the person whose name is subscribed
to the foregoing instrument and acknowledged to me that he executed it as the act and deed of
the Board of Regents of The Texas A&M University System, for the purposes and consideration
therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
,2008.
Notary Public, State of Texas
My Commission Expires:
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CITY OF COLLEGE STATION
By:
BEN WHITE
Mayor
ATTEST:
CONNIE HOOKS
City Secretary
APPROVED AS TO FORM:
UA 946
HARVEY CARGILL, JR.
City Attorney
ACKNOWLEDGEMENT
STATE OF TEXAS 5
§
COUNTY OF BRAZOS 5
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared BEN WHITE, Mayor for the City of College Station, known to
me to be the person whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed it for the purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
,2008.
Notary Public, State of Texas
My Commission Expires:
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CRESCENT POINTE, LTD.
By: Crescent Pointe Holdings, Inc.
By:
President
ACKNOWLEDGEMENT
STATE OF TEmS 8
§
COUNTY OF BRAZOS tj
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared EMANUEL GLOCKZIN, JR., President of Crescent Pointe
Holdings, Tnc., general partner of Crescent Point, Ltd, known to me to be the person whose name
is subscribed to the foregoing instrument and acknowledged to me that he executed it for the
purposes and consideration therein expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 17 day of
, 2008.
mw. 3. add
Notary Public, State of Texas
My commission Expires: Qef. dJ, aouB
Camnim
[Signatures continued on next page]
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FIR T VICTORIA NATIONAL BANK $ T,
By: &A
DON SPA&&
Senior Vice ~ysident
ACKNOWLEDGEMENT
STATE OF TEXAS 9
9
COUNTY OF VICTORIA
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared DON SPARKS, Senior Vice President of First Victoria National
Bank known to me to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed it for the purposes and consideration therein expressed,
and in the capacity therein stated.
%ad day of
&&-
Notary r c, t e of Texas
My Commission Expires: /c) - /1 -
Exhibit "A" - Field Note Description of the TAMUS Easement
Exhibit "B" - Map locating the TAMUS Property
Exhibit "C" - Field Note Description of the CRESCENT POINTENICTORIA Easement
Exhibit "D" - Map locating the CRESCENT POINTEI VICTORIA Property
Exhibit "E" - Map locating the TAMUS Easement and the CRESCENT POINTEI
VICTORIA Easement
AFTER RECORDING RETURN TO:
System Real Estate Office
A&M System Building, Suite 2079
200 Technology Way
College Station, Texas 77845-3424
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Texas A&ki Ut~iversity
60' Wide Right-of-'A1ay Easement - 0.69 Ac. . .
AC~OSS 57.304 A~ie Tract
. Richard .Carter Scrvzy, A-8
College Station, Brazos County, Texas
I Field notes of a 68' wide right-@-way easement - 0.69 act?, lying and being.
' situate5 in the Richard Carter Survey, P,bstnct No. 8, Collew Station, Srazos
County, Texas, and being part of the -lied 57.304 acre tract ciescrlkd in ihs ded- :.
from Texas ~lnstrumsnts InmporatHi to Texas ABM Uni-,em@ as recorded in. , .
i Volume 11 92, Page 376, of the Official Records of Brazes Counly. Texas, and said .
' . easement being more particularly described as fol!o;s: .... . . . . . .. ..
BEGINNING at tke.14" iron rod found at 3 5" creosote. post fence iicifllp3'
marking the north.comer of the beforementioned 57.384 acre tract in the sout?o&st..
right-of-way line of Farm to Market Road No. 60 (Universiiy Drive), =me being the .
wzst comer of Lot 18 - 1 (2.31 acres), Block 2, Crescent P~lnte - Phase 2 - Repkt nt..
sccording to the plat recorded in Volume 8343, Page 179, of tiie Officiai Rcxmds.
of Brazos County, Texas;
THENCE S 40' 26' 05" E along the northeast line of the beforerneritiomd
57.304 acre tract, same being the.swthwest line of the beforementioned Crescehi .
Pointe Replat (8343/179), adjacent to a fence, at a distance of 57.44 feet p-.- P~S a
. concrete monument found, continue on; at a distance of439.74 feet, pass the west
comer .of an existing private access easement (as platted.in.8343/179), zt a .
distance of 456.81 fest,.pass a W" iran rod found marklng the west comer dLot2A
-.I .58 acres, Block 2; Crescent Point- Phase 4, (834311 79), antinus on; for3 total. '
cdisiance of 501.84 feet to a Yia iron rod see from which 8 35" iron rad found marking . ...
an angle point comer of the 57.304 acre tract bears S 04O 26' 06" E.- 155.41 feet;. -
THENCE through the interior of the beforementioned 53.354 acre trad; as
follows: - - , . ...*
S 49O 32' 56" W at a distancs of 31.7 feet, cross the center of an
existing 24' wide asphalt travehh~y, contime sn
to: a total distance 68.00 feet to a :%".iron rat : . .. . ..
. . set, . .. 1. . , ,
N 40° 26'05" W parallel with and 60 feet southwesl of the .
northeast line of the 67.304 acre traet,'for 8
bistmce of 469.02 fest to a 'A" iron rod set at the . '
beginning of ;a tranittion curve, concave to the
south; having a radius of 25.08 feet. ' .. .. . ..
Westerly aiong said curve for an arc length of 41.40 feet to a %" Iron
rod set at the end of this curve in the scutheast
right-of-way line of F.M. No. 60, ttse chord beats'
N 87O 52' 45" W'- 36.83 feel, said 15. irmn rod .
beiiig in 3 curve, concave to the nc.-thiest, .
having a radius oi 6204.43 feet;
. ..
THENCE alqng the southeast right-of-way line of F.M. No. GO. 5s foii~ws:.
Northeastsriy along said eunre for an arc length of 45.53 fee1 ta the
and of this CLEW, the chord .besrs N 44" 27" ,%"
% - 45.53 feet,
N 44O 15' t 2" E fcr a distznce of 41 -96 feet tt: ihe PLACE OF
BEGINNING, enmmp;~ssing an ~rea ~f 0.59 .
scre oi iand, more or less.
S. M. Pcrj~~
R.P.L.S. No. 2003 .
27
Exhibit B
:\Land Proins RZ\TWYS WQIW\dwq\Ducnt P&trWblt.W M' ROW EamnL&p 3/12/2Wb 5:0518 PY CDT
28
Crescent Pointe. Ltd.
First Victoria National Bsnic.
34' Wide Access Easement - 0.24 kc.
Crescent Pointe Subdivision
Richard Carter SunJey, A-8
J. W. Scott Survey, A-43
Col!ege Station, Brazos County, Texas
Field riotes of a 34' wide right-of-wayeasemeni - 0.24 acre, lying and being
situated in the Richard Carter Survey, Abstract No. 8, and in ths J. W. Scott Surdeg,
Abstract No. 49, College Station, Brazos County, Texas, and beingal: of ihs
existing 34' wide pfivate access easement as platted and shown on the Final Plat
/ Replat of a pcrtion of Crescent Pointe - Phase 2 & 4 according to the plat re~dsd
in Volume 8343, Page 179, of the Official Records of Brazos County, Texas, and
said access easement being part of the Common Area "E - Rc - Frivljte .Drainage
Faci!ity (0.69 acre) and part of Lot 2A - 1.58 acres, Block 2, Crescent Point - Phase
4, of said plat (S343/179), and said easement being 34' wide and being more-
particularly described as follows:
BEGINNING at the %" iron rod set at the north corner of said platted access
easement in the northeast line of the beforementioned 0.69 acre Common A:ea "E -
R" in ihe snuthv~est right-of-way line of Copperfietd Parkway, located S 45' 44' 39"
E - 82.36 feet from the north corner of the 0.69 acre common area;
THENCE S 45O 44' 39" E along the southwest right-of-way l~ne of Copperfield
Parkway (15' wide right-of-way), at a distance of 17.00 feet, pass 3 %" iron rod
fwnd marking.the north comer of the beforementioned Lot 2A, continue on, for a .
total distance of 34.00 feet to a %" iron rod set at the east corner of said platted
access easement;
THENCE S 44' 15' 21" W entirely across the bef~remerrtiozec Lot 2A end
along the southeast line of said platted easement far 2 distzfice G: 310.72 feet to
a W" iron rod set at the south corner of said easement in the soutbfissl iine of Lot
2A, same being the northeast line of the Texas A&M LJni~ersity - ccalied 57.304 ac:e
itad describec! in the deed recorded in Vclume A132. Page 376, ;lf tine CIfEciai
Reccirds of Brazos County, Texas, from which e %" iron roc! fcund marking an angle
point corner of the 57.304 acre tract bears S 40' 26' 86" E - 188.40 fee!;
THENCE N 4Q0 26' 06" W along the southvest li?ls of ths befr;rernentioo;d
Lot 2A and the befsrementioned 0.69 acre common ares, same being the-no~heast
line of the beforementioned 57.304 acre tract. at a distance of 17.07 feet, pass a M'"
iron rod found marking ths west mmer of Lot 2A, conlinue on, for a total distartcs
of 34.: 5 feet ta a %" iron rad set ai the west ccrner ci the bcforementicned p!atted
access easement;
THENCE N 44O 15' 21" E across the beforementioned 0.68 acie common
area "E - R" and along the northwest line of the beforementionzci piatted access
easement for a distance of 307.56 feet '.o the PLACE OF BEGINNING,
encompassing an area of 0.24 acre of land, nore @r less.
S. M. Miing J'
R.P.L.S. Nc. 2003 . .
a,,. . ,,. ...
. .
......
;-->.. .-- ,,: -.-..: - -__.I.-.I _ -- -----..-- .......... KLlNG ENGINEE!3!MG AND SIJR'4EYI::G
BRYAiJ. YESAS 29
Exhibit D
H:\Land PrObcts RZ\TDPNS WM1LD\d*.s\Cn-t Pobte\Exklblt~Wm 60' ROW EOament.dwg 3/12/2008 5:0518 PM COT
30
EXHIBIT "E"
MAP LOCATING THE TAMUS EASEMENT
AND CRESCENT POINTENICTORIA
Crescent Pointe
Point/Viiria to aadGiven to
31
May 8, 2008
Consent Agenda Item 2e
Cancellation of Municipal Court Building Second Floor Finish Out Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, discussion, and possible action terminating a Professional
Services Contract with Hidell Associates – Architects for the design of the improvements
necessary to complete the second floor of the Municipal Court Building.
Recommendation(s): Staff recommends terminating the Professional Services Contract
between the City of College Station and Hidell Associates - Architects.
Summary: The Professional Services Contract with Hidell Associates - Architects was for
the conceptual, preliminary, and final design of the second floor of the Municipal Court
Building. The contract was signed in January 2007. However, soon after the project
started, the architectural consultant suggested that the City consider an alternative delivery
method such as Construction Manager at Risk (CMAR) in an effort to save time, money, and
to get a more accurate estimate of cost for construction. This would be the first CMAR
project for the City of College Station. Therefore, the City needed to develop a CMAR
contract for the agreement between the City and the construction contractor. The
architectural consultant completed some preliminary work on the project while the City
worked with our legal consultant to develop a CMAR contract.
The City has finalized the CMAR contract and Request for Proposals (RFP) for the CMAR, and
is now ready to move forward with design of the modifications to the Municipal Courts
Building. Our schedule and needs was discussed with the architectural consultant, and they
indicated that due to other projects and other commitments, that they are not able to begin
work on our project in the near future, and can not meet our schedule. Staff feels it is in
the best interest of the City to terminate this contract and seek the services of another
qualified architectural consultant to complete the design. Hidell Associates- Architects will
submit a compact disk containing all the work completed to date on this project. The City
will obtain the services of a different architectural consultant to develop conceptual,
preliminary, and final design of the second floor the municipal courts building, and to either
modify the first floor, or add a vestibule to the front of the building in an effort to provide
additional lobby space in the building to accommodate the new security equipment currently
in the lobby.
Budget & Financial Summary: The amount of this contract is $87,290. To date, the
consultant has spent $19,350.46.
Attachments:
1. Resolution
32
May 8, 2008
Consent Agenda Item 2f
A Resolution Approving an Advanced Funding Agreement with the Texas
Department of Transportation for the State Highway 30 Widening Project
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion on a Resolution of the
City Council of College Station, Texas, approving an Advance Funding Agreement (AFA) with
the Texas Department of Transportation (TxDOT) to design and construct additional lanes
on State Highway 30 from 4.20 miles west of F.M. 244 to 4.63 miles west of F.M. 244 and
adjacent to the BVSWMA Twin Oaks Landfill site for the purpose of providing safe ingress
and egress from said facility in an amount not to exceed $656,750.
Recommendation(s): Staff recommends approval of the Resolution in the amount of
$656,750.
Summary: In order to issue a driveway permit for the Twin Oaks Landfill, the Texas
Department of Transportation (TxDOT) is requiring BVSWMA to design and construct
improvements on State Highway 30 in order to ensure safe vehicle ingress and egress to
the facility. Improvements will consist of 3330 feet or 0.63 miles of deceleration and
acceleration lanes, signage, and related infrastructure. BVSWMA’s participation rate will be
at 100%, and no right-of-way acquisition or utility relocation will be required for this
project. TxDOT has waived direct state costs such as plan review, inspection, and
construction oversight expenses related to this project.
Budget & Financial Summary: Funding for this Advance Funding Agreement in the
amount of $656,750 is available in the BVSWMA Capital Improvements Fund.
Attachments:
1. Resolution
2. Advance Funding Agreement
33
RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, AUTHORIZING THE MAYOR TO SIGN AN ADVANCE FUNDING
AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE
WIDENING OF STATE HIGHWAY 30 ADJACENT TO THE PROPOSED BVSWMA
LANDFILL SITE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of College Station is required to design and construct additional lanes on
State Highway 30 from 4.20 miles west of F.M. 244 to 4.63 miles west of F.M. 244 and adjacent
to the proposed BVSWMA landfill site for the purpose of providing safe ingress and egress from
said facility (the” Project”); and
WHEREAS, the City and the State have agreed upon a plan to widen State Highway 30 adjacent
to the proposed BVSWMA landfill site; and
WHEREAS, detailed construction plans have been prepared; and
WHEREAS, the City will bid the Project to contract, administer and inspect the construction, and
fund the construction of the Project; and
WHEREAS, the Texas Department of Transportation permits construction to be performed in
their rights-of-way following the execution of an Advanced Funding Agreement between the City
of College Station and the Texas Department of Transportation; and
WHEREAS, there will be no funding or reimbursements from the Texas Department of
Transportation for any of the Project costs; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION
THAT:
PART 1: The matters set forth in the preamble are true and correct.
PART 2: The City Council of the City of College Station agrees to execute an Advanced
Funding Agreement with the Texas Department of Transportation, which will
permit the City to perform work within the State right-of-way.
PART 3: The City Council of the City of College Station hereby authorizes the Mayor to
execute said Advanced Funding Agreement on behalf of the City of College
Station, Texas and to transmit the same to the State of Texas for appropriate
action.
34
RESOLUTION NO. ___________________
Page 2
PART 4: This Resolution shall be effective immediately upon its adoption.
ADOPTED by the City Council of the City of College Station, Texas, this _________ day of
_________________________, 2008.
ATTEST: APPROVED:
_____________________________ ____________________________________
Connie Hooks, City Secretary Ben White, Mayor
APPROVED:
_____________________________
City Attorney
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36
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39
40
41
42
43
44
45
46
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48
May 8, 2008
Consent Agenda Item 2g
State Homeland Security Program Grant Equipment Expenditure
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution approving equipment expenditures in the amount of $115,996 for the
Communications Trailer and a Radio Control Assembly for the Remotec Bomb Robot.
Recommendation(s): Staff recommends acceptance of the resolution.
Summary: Council approved on November 5, 2007 the State Homeland Security
program grant for 2007 in the amount of $188,800.00 through the Governors Division of
Emergency Management. The funding will be used by Police and Fire Departments to
purchase equipment that will enhance the response capabilities to terrorist threats or
catastrophic events. Two items require Council approval before equipment can be ordered.
The first is the Communications Trailer ($63,982) to house and maintain the
interoperability equipment to remain at our current Level IV as required by the State and
Federal Governments to remain eligible for Homeland Security Grants in the future. This
Contract was awarded to Shook Mobile Technology through the State contract.
The second is an addition to the Police Departments Remotec Bomb Robot. The Radio
Control Assemble ($52,014) will allow Bomb technicians a wireless means to control the
robot at a greater distance providing standoff and increased safety for all involved. This
equipment is provided by a sole source provider, Northrop Grumman, Remotec.
Budget & Financial Summary: This equipment grant is a purchase and reimbursement
type program. The budget amendment for this grant was approved by Council on January
24, 2008.
Attachments:
Resolution
49
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING EQUIPMENT EXPENDITURES IN THE AMOUNT OF $115,996
FOR THE COMMUNICATIONS TRAILER AND A RADIO CONTROL ASSEMBLY FOR
THE REMOTEC BOMB ROBOT.
WHEREAS, the Office for Domestic Preparedness, a component of the U.S. Department of
Homeland Security, has awarded the Governor’s Division of Emergency Management (GDEM)
the 2007 Homeland Security Grant Program and the Governor’s Division of Emergency
Management has served the City of College Station (“City”) with a Grant Adjustment Notice of
the 2007 Homeland Security Grant Program in the amount of $188,800.00 approved by Council
on November 5, 2007; and
WHEREAS, to remain eligible for Homeland Security Grants in the future, a Communications
Trailer in the amount of $63,982 is required to operate and maintain the interoperability
equipment to remain at the City’s current Level IV as required by the State and Federal
Governments; and
WHEREAS, to provide greater safety to the Bomb Technicians and First Responders the
addition of a Radio Control Assembly in the amount of $52,014 will allow Bomb Technicians a
wireless means to control the robot at a greater distance; 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 equipment expenditure for the
Communications Trailer at a cost of $63,982 to Shook Mobile Technology and
the Radio Control Assembly at a cost of $52,014 to Northrop Grumman, Remotec
for a total expenditure of $115,996 pursuant to the Homeland Security Grant
program.
PART 2: 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:
50
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
_______________________________
City Attorney
51
May 8, 2008
Consent Agenda Item 2h
State Homeland Security Program Grant Equipment Expenditure
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution approving redistribution of Homeland Security Funds from the Live Scan project
to the TDEx Implementation Project in the amount of $9,718.03.
Recommendation(s): Staff recommends acceptance of the resolution.
Summary: Council approved on October 23, 2006 Resolution Number 10-23-2006-12.04
and the State use of Homeland Security Grant funding for Statewide Local Projects in the
amount of $131,240.31. The State now wants to redistribute the remaining funds of
$9,718.03 from the Live Scan project to the TDEx Implementation Project.
Budget & Financial Summary: There is no impact to current or future budgets. The
Police Department will receive free one or more licenses from the State of Texas.
Attachments:
Election Regarding State Use of Homeland Security Grant Funding
Resolution
52
53
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING REDISTRIBUTION OF HOMELAND SECURITY FUNDS FROM
THE LIVE SCAN PROJECT TO THE TDEX IMPLEMENTATION PROJECT IN THE
AMOUNT OF $9,718.03.
WHEREAS, the Office for Domestic Preparedness, a component of the U.S. Department of
Homeland Security, has awarded the Governor’s Division of Emergency Management (GDEM)
the 2006 Homeland Security Grant Program and the Governor’s Division of Emergency
Management has served the City of College Station (“City”) with an Election Regarding State
Use of Homeland Security Grant Funding for Statewide Local Projects on Behalf of the City of
College Station; and
WHEREAS, City Council approved on October 23, 2006 Resolution Number 10-23-2006-12.04
and the State use of Homeland Security Grant funding for Statewide Local Projects in the
amount of $131,240.31; and
WHEREAS, the State now wants to redistribute the remaining funds of $9,718.03 from the Live
Scan Project to the TDEx Implementation Project; 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 Election Regarding State Use of
Homeland Security Grant Funding for Statewide Local Projects on Behalf of the
City of College Station redistributing the remaining funds of $9,718.03 from the
Live Scan Project to the TDEx Implementation Project.
PART 2: 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
54
_______________________________
City Attorney
55
May 8, 2008
Consent Agenda Item 2i
2006 State Homeland Security Program Grant Closeout
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution approving the 2006 Grant Adjustment Notice dated April 9, 2008, closing out the
2006 State Homeland Security Program Grant.
Recommendation(s): Staff recommends acceptance of the resolution.
Summary: Council approved on October 23, 2006 the State Homeland Security program
grant for 2006 in the amount of $80,502.85 through the Governors Division of Emergency
Management. All funds have been expended to purchase equipment that will enhance the
response capabilities to terrorist threats or catastrophic events.
Budget & Financial Summary: The City has been reimbursed the $80,502.85 from the
Governors Division of Emergency Management, State Administration Agency.
Attachments:
2006 Grant Adjustment Notice, dated April 9, 2008
Resolution
56
Date of Award
April 9, 2008
Governor's Division of Emergency Management
2006 Grant Adjustment Notice
for
City of College Station
This GAN changes the performance dates of the grants in Section 5.
1. Sub-Recipient Name and Address 2. Prepared by: Saba, Sherry 3. Award Number: 06-GA 15976-02
Mayor Ben White
City of College Station
P.O. Box 9960
College Station, TX 77842-0960
4.Federal Grant Information
Federal Grant Title:Homeland Security Grant Program
Federal Grant Award Number:2006-GE-T6-0068
Date Federal Grant Awarded to GDEM:July 1, 2006
Federal Granting Agency:Office of Grants and Training
U.S. Department of Homeland Security
5.Award Amount and Grant Breakdowns
Total Award
Amount
$80,502.85
Note: Additional Budget Sheets (Attachment A): No
CCP
97.053
$0.00
LETPP
97.074
$58,128.57
MMRS
97.071
$0.00
SHSP
97.073
$22,374.28
UASI
97.008
$0.00
Other
$0.00
This award supersedes all previous awards. Performance Period: Jul 1, 2006 to Feb 28, 2009
6. Statutory Authority for Grant: This project is supported under Public Law 109-90, the Department of Homeland Security
Appropriations Act of 2006.
7. Method of Payment: Primary method is reimbursement. See the enclosed instructions for the process to follow in the submission of
invoices.
8. Debarment/Suspension Certification: The Sub-Recipient certifies that the subgrantee and its' contractors/vendors are not
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded by any federal department or agency
and do not appear in the Excluded Parties List System at http://www.epls.gov.
9.Agency Approval
Approving GDEM Official:
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
Signature of GDEM Official:
10.Sub-Recipient Acceptance
I have read and understand the attached Terms and Conditions.
Type name and title of Authorized Sub-Recipient official:
Signature of Sub-Recipient Official:
11. Enter Employer Identification Number (EIN) / Federal Tax Identification Number:
12. Date Signed :
13. DUE DATE: May 15, 2008
Signed award and Direct Deposit Form (if applicable) must be returned to GDEM on or before the above due date.
57
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
2006 Grant Adjustment Notice
For
City of College Station
AWARD NUMBER 2006 HSGP – 15976
TERMS AND CONDITIONS
PURPOSE AND OVERVIEW
Sub-grant funds provided shall be used to provide law enforcement and emergency response communities
with enhanced capabilities for detecting, deterring, disrupting, preventing, and responding to potential
threats of manmade, natural disasters and acts of terrorism as described in the federal program guidelines,
specifically: planning, equipment, training and exercise needs. All costs under these categories must be
eligible under OMB Circular No. A-87 Attachment A, located at
http://www.whitehouse.gov/omb/circulars/index.html.
1)AWARD ACCEPTANCE
The Notice of Sub-recipient Award is only an offer until the sub-recipient returns the signed copy of
the Notification of Sub-recipient Award in accordance with the date provided in the transmittal letter.
2)GUIDANCE
This Sub-recipient is subject to the program guidance contained in the U.S. Department of Homeland
Security (DHS) FY 2006 Homeland Security Grant Program Guidelines and Application Kit. The
Program Guidance and Application Kit can be accessed at
http://www.ojp.usdoj.gov/odp/grants_programs.htm. G&T periodically publishes Information Bulletins
to release, update, amend or clarify grants and programs which it administers. Office of Grants and
Training (OGT)'s Information Bulletins can be accessed at
http://www.ojp.usdoj.gov/odp/docs/bulletins.htm and are incorporated by reference into this
sub-grant. This sub-award is also subject to any Homeland Security Grant Program (HSGP) grant
guidance issued by GDEM.
3)COMPLIANCE
Sub-recipient hereby assures and certifies compliance with all applicable Federal statutes,
regulations, policies, guidelines, and requirements, including OMB Circulars A-21, A-87, A-102,
A-110, A-122, A-133; Ex. Order 12372 (intergovernmental review of federal programs); and
28 C.F.R. parts 18, 22, 23, 30, 35, 38, 42, 61, and 63, 66 or 70 (administrative requirements
for grants and cooperative agreements).
A.
Sub-recipient will comply with the organizational audit requirements of OMB Circular A-133,
Audits of States, Local Governments, and Non-Profit Organizations, as further described in the
current edition of the Office of Grant Operations (OGO)'s Financial Management Guide (Jan
2006) at
http://www.dhs.gov/dhspublic/interweb/assetlibrary/Grants_FinancialManagementGuide.pdf.
B.
When implementing Office of Grants and Training (OGT) funded activities, the sub-recipient
must comply with all federal civil rights laws, to include Title VI of the Civil Rights Act, as
amended. The sub-recipient is required to take reasonable steps to ensure persons of limited
English proficiency have meaningful access to language assistance services regarding the
development of proposals and budgets and conducting OGT funded activities.
C.
Sub-recipient agrees to comply with the applicable financial and administrative requirements
set forth in the current edition of the Office of Grant Operations (OGO) Financial Management
Guide located at http://www.ojp.usdoj.gov/oc/.
D.
Sub-recipient will assist the awarding agency (if necessary) in assuring compliance with
section 106 of the National Historic Preservation Act of 1966 (16 U.S.C. § 470), Ex. Order
11593 (identification and protection of historic properties), the Archeological and Historical
Preservation Act of 1974 (16 U.S.C. § 469 a-1 et seq.), and the National Environmental Policy
Act of 1969 (42 U.S.C. § 4321). (Federal Assurance)
E.
Sub-recipient must comply (and must require contractors to comply) with any applicable
statutorily-imposed nondiscrimination requirements, which may include the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. § 3789d); the Victims of Crime Act (42 U.S.C.
§ 10604(e)); The Juvenile Justice and Delinquency Prevention Act of 2002 (42 U.S.C. §
5672(b)); the Civil Rights Act of 1964 (42 U.S.C. § 2000d); the Rehabilitation Act of 1973 (29
U.S.C. § 7 94); the Americans with Disabilities Act of 1990 (42 U.S.C. § 12131-34); the
Education Amendments of 1972 (20 U.S.C. §§1681, 1683, 1685-86); and the Age
Discrimination Act of 1975 (42 U.S.C. §§ 6101-07); see Ex. Order 13279 (equal protection of
the laws for faith-based and community organizations). (Federal Assurance)
F.
If the sub-recipient is a governmental entity, it must comply with the requirements of the
Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C. § 4601 et
seq.), which govern the treatment of persons displaced as a result of federal and
federally-assisted programs; and (Federal Assurance)
G.
Page 2 OF 7
58
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
2006 Grant Adjustment Notice
For
City of College Station
TERMS AND CONDITIONS
COMPLIANCE (continued)
The sub-recipient will cooperate with any Federal, State or Council of Governments assessments,
national evaluation efforts, or information or data collection requests, including, but not limited
to, the provision of any information required for the assessment or evaluation of any activities
within this project.
H.
Sub-recipient agrees to comply with any additional requirements set by their Council of
Governments (COG) in the project notes area on the SPARS website for each project, i.e. mutual
aid agreements and UASI working group approvals, if applicable.
I.
Drug Free Workplace
As required by the Drug-Free Workplace Act of 1988, and implemented at 28 CFR Part 67,
Subpart F, for grantees, as defined at 28 CFR Part 67 Sections 67.615 and 67.620. The
sub-recipient certifies that it will or will continue to provide a drug-free workplace by:
Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specifying the actions that will be taken against employees for violation of
such prohibition;
1.
Establishing an on-going drug-free awareness program to inform employees about the
dangers of drug abuse in the workplace; the grantee's policy of maintaining a drug-free
workplace; any available drug counseling, rehabilitation, and employee assistance
programs; and the penalties that may be imposed upon employees for drug abuse
violations occurring in the workplace;
2.
Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph 3(K)(1);
3.
Notifying the employee in the statement required by paragraph (3)(K)(1) that, as a
condition of employment under the grant, the employee will abide by the terms of the
statement; and Notify the employer in writing of his or her conviction for a violation of a
criminal drug statute occurring in the workplace no later than five calendar days after
such conviction;
4.
Notifying the Governor's Division of Emergency Management/State Administrative Agency
(GDEM/SAA), in writing, within 10 calendar days after receiving notice under
subparagraph 3(K)(4), from an employee or otherwise receiving actual notice of such
conviction. Employers of convicted employees must provide notice, including position title,
to GDEM/SAA. Notice shall include the identification number(s) of each affected grant;
5.
Taking one of the following actions, within 30 calendar days of receiving notice under
subparagraph 3(K)(4), with respect to any employee who is so convicted
Taking appropriate personnel action against such an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act of
1973, as amended; or
a.
Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State, or local
health, law enforcement, or other appropriate agency;
b.
6.
Making a good faith effort to continue to maintain a drug-free workplace through
implementation of paragraphs 1), 2), 3), 4), 5), and 6). (Federal Certification)
7.
J.
4)FAILURE TO COMPLY
GDEM/SAA may suspend or terminate sub-award funding, in whole or in part, or other measures may be
imposed for any of the following reasons: failing to comply with the requirements or statutory objectives
of federal law, failing to make satisfactory progress toward the goals or objectives set forth in the
sub-award application, failing to follow grant agreement requirements or special conditions, failing to
submit required reports, or filing a false certification or other report or document. Satisfactory Progress
is defined as accomplishing the following during the performance period of the grant: deciding what
purchases will be made, ordering the equipment, ensuring the equipment is shipped and received, and
training is accomplished with the equipment (or readied for deployment). All of the aforementioned task
must be accomplished in a timely manner. Special Conditions may be imposed on sub-recipient's
use of grant funds until problems identified during grant monitoring visits conducted by
GDEM audit and compliance personnel are resolved.
5)CONFLICT OF INTEREST
The sub-recipient will establish safeguards to prohibit employees from using their positions for a
purpose that constitutes or presents the appearance of personal or organizational conflict of interest, or
personal gain.
Page 3 OF 7
59
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
2006 Grant Adjustment Notice
For
City of College Station
TERMS AND CONDITIONS
6)LOBBYING
As required by Section 1352, Title 31 of the U.S. Code, and implemented at 28 CFR Part 69, for persons
entering into a grant or cooperative agreement over $100,000, as defined at 28 CFR Part 69, the
sub-recipient certifies that:
No Federal appropriated funds have been paid or will be paid, by or on behalf of the
sub-recipient, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with the making of any Federal grant, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of
any Federal grant or cooperative agreement;
A.
If any funds other than Federal appropriated funds have been paid or will be paid to any person
for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with this Federal grant or cooperative agreement, the undersigned shall complete and
submit Standard Form - LLL, "Disclosure of Lobbying Activities," in accordance with its
instructions.
B.
7)DEBARMENT, SUSPENSION, & OTHER RESPONSIBILITY MATTERS
As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 CFR Part
67, for prospective participants in primary covered transactions, as defined at 28 CFR Part 67, Section
67.510. (Federal Certification)
The sub-recipient certifies that it and its principals and vendors:
Are not presently debarred, suspended, proposed for debarment, declared ineligible, sentenced
to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered
transactions by any Federal department or agency; sub-recipients can access debarment
information by going to http://www.epls.gov/.
A.
Have not within a three-year period preceding this application been convicted of or had a civil
judgment rendered against them for commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or
contract under a public transaction; violation of Federal or State antitrust statutes or commission
of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false
statements, or receiving stolen property;
B.
Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity
(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (1)(b)
of this certification; and
C.
Have not within a three-year period preceding this application had one or more public
transactions (Federal, State, or local) terminated for cause or default; and
D.
Where the applicant is unable to certify to any of the statements in this certification, he or she
shall attach an explanation to this application. (Federal Certification)
E.
8)MONITORING
Sub-recipient will provide GDEM, State Auditor, or DHS personnel or their authorized
representative, access to and the right to examine all paper or electronic records related to the
financial assistance.
A.
Sub-recipient agrees to monitor their program to ensure that federal awards are used for
authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant
agreements and that the performance goals are achieved. In addition, Councils of Governments
will perform periodic monitoring of grant recipients to ensure compliance.
B.
GDEM/SAA may perform periodic reviews of sub-recipient performance of eligible activities and
approved projects. These reviews may include, without limitation: performance of on-site audit
and compliance monitoring, including inspection of all grant-related records and items,
comparing actual sub-recipient activities to those approved in the sub-award application and
subsequent modifications if any, ensuring that advances have been disbursed in accordance with
applicable guidelines, confirming compliance with grant assurances, verifying information
provided in performance reports and reviewing payment requests, needs and threat assessments
and strategies.
C.
9)REPORTING
A-133 Reporting Requirement – All sub-recipients must submit an audit report to the Federal
Audit Clearinghouse if they expended more than $500,000 in federal funds in one fiscal year.
The federal Audit Clearinghouse submission requirements can be found at
http://harvester.census.gov/sac/. A report must be submitted to GDEM/SAA each year this grant
is active.
A.
Page 4 OF 7
60
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
2006 Grant Adjustment Notice
For
City of College Station
TERMS AND CONDITIONS
9)REPORTING (continued)
Sub-recipient agrees to comply with all reporting requirements and shall provide such
information as required to GDEM/SAA for reporting as noted in the 2006 Federal Grant
Guidelines and/or in accordance with GDEM/SAA guidance.
B.
Sub-recipient must prepare and submit performance reports to GDEM/SAA for the duration of
the grant performance period or until all grant activities are completed and the grant is formally
closed. Sub-recipient may also be required to submit additional information and data requested
by GDEM/SAA.
C.
10)USE OF FUNDS
Sub-recipient understands and agrees that it cannot use any federal funds, either directly or
indirectly, in support of the enactment, repeal, modification or adoption of any law, regulation or
policy, at any level of government, without the express prior written approval of OGT.
A.
The sub-recipient agrees that all allocations and use of funds under this grant will be in
accordance with the Homeland Security Grant Program Guidelines and Application Kit for that
fiscal year and must support the goals and objectives included in the State Homeland Security
Strategic Plan and the Urban Area Homeland Security (UASI) Strategies.
B.
The sub-recipient official certifies federal funds will be used to supplement existing funds, and
will not replace (supplant) funds that have been appropriated for the same purpose.
Sub-recipient may be required to supply documentation certifying that a reduction in
non-federal resources occurred for reasons other than the receipt or expected receipt of federal
funds.
C.
11)REIMBURSEMENT
Sub-recipient agrees to make no request for reimbursement prior to return of this agreement
and signed by the authorized sub-recipient representative.
A.
Sub-recipient agrees to make no request for reimbursement for goods or services procured by
sub-recipient prior to the performance period start date of this agreement.
B.
12)ADVANCE FUNDING
If a financial hardship exists, a sub-recipient may request an advance of grant funds for
expenditures incurred under this program. Requests must be made in writing by the chief
elected official and submitted to GDEM/SAA. This will be accomplished using the SPARS website
by following the instructions for generating hardship letters. GDEM/SAA will determine whether
an advance will be made.
A.
If a sub-recipient is approved for an advance, the funds must be deposited in a separate
interest bearing account and are subject to the rules outlined in the Uniform Rule 28 CFR Part
66, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and
Local Governments, at http://www.access.gpo.gov/nara/cfr/waisidx_04/28cfrv2_04.html and
the Uniform Rule 28 CFR Part 70, Uniform Administrative Requirements for Grants and
Agreements (including sub-awards) with Institutions of Higher Education, Hospitals, and other
Nonprofit Organizations, at http://www.access.gpo.gov/nara/cfr/waisidx_03/28cfr70_03.html.
Sub-recipients must report any interest earned to GDEM/SAA. Any interest earned in excess of
$100 must, on a quarterly basis, be remitted to:
United States Department of Health and Human Services
Division of Payment Management Services
P.O. Box 6021
Rockville , MD 20852
B.
13)TRAINING/EXERCISE
Sub-recipient agrees that, during the performance period of this grant, any and all changes to their
sub-recipient agreement regarding planning, training, equipment, and exercises must be routed
through the appropriate reviewing authority, either the local Council of Governments or Urban Area
Security Initiative (UASI) Working Group.
14)EQUIPMENT REQUIREMENTS
Sub-recipients must maintain an updated inventory of equipment purchased through this grant
program in accordance with Uniform Grant Management Standards – III, State Uniform
Administrative Requirements For Grants and Cooperative Agreements, Subpart C - Post-Award
Requirements, Reports, Records, Retention, and Enforcement, .32 Equipment and the Office of
Grant Operations Financial Management Guide .
A.
Page 5 OF 7
61
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
2006 Grant Adjustment Notice
For
City of College Station
TERMS AND CONDITIONS
14)EQUIPMENT REQUIREMENTS (continued)
The sub-recipient agrees that any equipment purchased with grant funding shall be prominently
marked as follows: “Purchased with funds provided by the U.S. Department of Homeland
Security.” Exceptions to this requirement are limited to items where placing of the marking is
not possible due to the nature of the equipment.
B.
15)UASI
If the sub-recipient is a participant in a UASI program, during the performance period of this
grant, sub-recipient agrees to adhere to the UASI strategy, goals, objectives, and
implementation steps.
A.
Sub-recipient agrees that, during the performance period of this grant, all communications
equipment purchases must be reviewed and approved by the Regional Interoperable
Communications Committee and the UASI points of contact (voting members), if applicable.
B.
16)REQUIREMENTS - MISCELLANEOUS
During the performance period of this grant, sub-recipient must maintain an emergency
management plan at the Basic Level of planning preparedness or higher, as prescribed by
GDEM. This may be accomplished by a subgrantee maintaining its own emergency management
plan or participating in an inter-jurisdictional emergency management program that meets the
required standards. If GDEM identifies deficiencies in the sub-recipient's plan, sub-recipient will
correct deficiencies within 60 days of receiving notice of such deficiencies from GDEM.
A.
Projects identified in the State Preparedness Assessment Report System (SPARS)
(www.texasdpa.com) must identify and relate to the goals and objectives indicated by the
applicable 15 approved project investments for the period of performance of the grant.
B.
During the performance period of this grant, sub-recipient agrees that it will participate in a
legally-adopted county and/or regional mutual aid agreement.
C.
During the performance period, the sub-recipient must register as a user of the Texas Regional
Response Network (TRRN) and identify all major resources such as vehicles and trailers,
equipment costing $5,000 or more and specialized teams/response units equipped and/or
trained using grant funds (i.e. hazardous material, decontamination, search and rescue, etc.).
This registration is to ensure jurisdictions or organizations are prepared to make grant funded
resources available to other jurisdictions through mutual aid.
D.
Sub-recipients must implement the National Incident Management System (NIMS) at the local
level. The requirement to train personnel on the IS-700 course, National Incident Management
System (NIMS), An Introduction, has been extended into FY 06. Grant recipients must have
formally recognized the NIMS and adopt the NIMS principles and policies.
E.
17)CLOSING THE GRANT
The sub-recipient must have all equipment ordered by December 30, 2007. The last day for
submission of invoices is February 28, 2008.
A.
GDEM/SAA will close a sub-award after receiving sub-recipient's final performance report
indicating that all approved work has been completed and all funds have been disbursed,
completing a review to confirm the accuracy of the reported information, and reconciling actual
costs to awards modifications and payments. If the close out review and reconciliation indicates
that the sub-recipient is owed additional funds, GDEM/SAA will send the final payment
automatically to the sub-recipient. If the sub-recipient did not use all the funds received,
GDEM/SAA will issue a Grant Adjustment Notice (GAN) to recover the unused funds.
B.
18)PUBLICATIONS
Sub-recipient acknowledges that OGO/OGT reserves a royalty-free, non-exclusive, and
irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for
Federal government purposes: (1) the copyright in any work developed under an award or
sub-award; and (2) any rights of copyright to which a recipient or sub-recipient purchases
ownership with Federal support. The Recipient agrees to consult with SLGCP regarding the
allocation of any patent rights that arise from, or are purchased with, this funding.
A.
The sub-recipient agrees that all publications created with funding under this grant shall
prominently contain the following statement: “This Document was prepared under a grant from
the Office of Grants and Training , United States Department of Homeland Security. Point of
view or opinions expressed in the document are those of the authors and do not necessarily
represent the official position or policies of U.S. Department of Homeland Security.”
B.
Page 6 OF 7
62
GOVERNOR'S DIVISION OF EMERGENCY
MANAGEMENT (GDEM)
HOMELAND SECURITY GRANT
PROGRAM (HSGP)
2006 Grant Adjustment Notice
For
City of College Station
TERMS AND CONDITIONS
19)RESTRICTIONS, DISCLAIMERS and NOTICES
Approval of this award does not indicate approval of any consultant rate in excess of $450 per
day. A detailed justification must be submitted to and approved by GDEM/SAA prior to
obligation or expenditure of such funds.
A.
In cases where local funding is established by COGs, release of funds by GDEM is contingent
upon regional funding allocation approval by the sub-recipient's COG governing board.
B.
Notwithstanding any other agreement provisions, the parties hereto understand and agree that
GDEM's obligations under this agreement are contingent upon the receipt of adequate funds to
meet GDEM's liabilities hereunder. GDEM shall not be liable to the Sub-recipient for costs under
this Agreement which exceed the amount specified in the Notice of Sub-recipient Award.
C.
Notice. All notices or communication required or permitted to be given by either party
hereunder shall be deemed sufficiently given if mailed by registered mail or certified mail,
return receipt requested, or sent by overnight courier, such as Federal Express, to the other
party at its respective address set forth below or to such other address as one party shall give
notice of to the other from time to time hereunder. Mailed notices shall be deemed to be
received on the third business day following the date of mailing. Notices sent by overnight
courier shall be deemed received the following business day.
Jack Colley, Chief
Division of Emergency Management
Office of the Governor
PO Box 4087
Austin , TX 78773-0270
D.
Page 7 OF 7
63
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING THE 2006 GRANT ADJUSTMENT NOTICE FROM THE
GOVERNOR’S DIVISION OF EMERGENCY MANAGEMENT TO CLOSE OUT THE 2006
STATE HOMELAND SECURITY PROGRAM GRANT.
WHEREAS, the Office for Domestic Preparedness, a component of the U.S. Department of
Homeland Security, has awarded the Governor’s Division of Emergency Management (GDEM)
the 2006 Homeland Security Grant Program and the Governor’s Division of Emergency
Management has served the City of College Station (“City”) with a Grant Adjustment Notice,
dated April 9, 2008, for the 2006 Homeland Security Grant Program in the amount of $80,502.85
approved by Council on October 23, 2006; and
WHEREAS, the City has expended all funds, has been reimbursed the full amount of $80,502.85
and wishes to close out this grant with the State; 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 2006 Grant Adjustment Notice, dated
April 9, 2008 from the Governor’s Division of Emergency Management closing
out the 2006 Homeland Security Grant Program having been reimbursed for
expended funds in the amount of $80,502.85.
PART 2: 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
64
May 8, 2008
Consent Agenda Item 2j
West Park Rehabilitation Project Changer Order #3
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion ratifying a change order
to Contract #06-060 in the amount of $36,803.14 to Knife River Inc, (formerly Young
Contractors, Inc.) for construction work associated with West Park Rehabilitation Project.
Recommendation(s): Staff recommends approval of this item
Summary: Contract #06-600 was approved by Council on February 9, 2006 (Item 12.2)
for the purpose of constructing the West Park Rehabilitation Project. The Change Order
ratifys the financial portions of the project that were physically completed in December
2007. The Change Order ratifys final quantities for line items that were over run and under
run during construction and were not quantifiable until the conclusion of the project. This
Change Order, also, recoups funds for failed soil testing and lost road signs that were
originally paid for by the City and are reimbursable per the construction contract.
Budget & Financial Summary: The current contract amount for the Water portion of this
project is $973,702.15. This change order will decrease the water portion of the contract by
$21,609.30 to a total of $952,092.85. The current contract amount for the Wastewater
portion of this project is $976,894.15. This change order will increase the Wastewater
portion of the contract by $26,942.04 to a total of $949,952.11. The Water and Wastewater
portions of this project are within budget. The current contract amount for the Drainage
portion of this project is $560,000. This change order will increase the Drainage portion of
the contract by $41,330.00 to a total of $601,330. The Drainage portion of the project will
be over budget by $41,475.04. The current contract amount for the Streets portion of this
project is $1,077,663.50. This change order will decrease the Streets portion of the contract
by $9,859.60 to a total of $1,067,803.9. The Streets portion of the project will be over
budget by $36,980.27. The additional funds will be transferred from the College
Park/Breezy Heights project, which, based on recent bid estimates, will come in below the
current budget. The total net increase of this change order to the contract amount is
$36,803.14. This will increase the total contract to $3,625,062.94 from $3,588,259.80,
which is an increase of 1.03%.
Attachments:
1. Change Order #3
2. Project Location Map
65
W e l l b o r n R d
George Bush Dr W
Holleman Dr
F a i r v i e w A v e
Luther St
M a r i o n P u g h D r
W e l s h A v e
H e r e f o r d S t
M o n t c l a i r A v e
H i g h l a n d s S t
Fidelity St
Kerry St
E l e a n o r S t
Grove St
A y r s h i r e S t
M a r y e m S t
Old Jersey St
Angus A ve
Luther St
Park Place
Edward St
Luther St W
Bell St
Burt St
C o k e S t
Newton Rd
Park Place
West Park RehabilitationProject Boundary
66
67
68
May 8, 2008
Consent Agenda Item 2k
Change Order to the Bee Creek Combined
Channel Improvements Construction Contract
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects Department
Agenda Caption: Presentation, possible action, and discussion regarding Change Order
No. 3 to the construction contract (Contract No. 06-048) with Austin Filter Systems, Inc. in
the amount of $61,430.50.
Recommendation(s): Staff recommends approval of Change Order #3 in the amount
of $61,430.50.
Summary: This change order will adjust line item quantities to close out the P.O.,
including increasing the erosion control quantities of slope treatment concrete blocks and rip
rap. The slope treatment block increase was primarily a result of removing a low water
crossing at the confluence. The crossing was eliminated since the Bee Creek Crossing
project would install a bridge over Bee Creek at the end of Longmire Ct. The increase in the
rip rap quantities was needed to address high erosion prone areas along the creek and
maintain slope stability and to protect an 18” water line crossing near Texas Avenue that
remained in place.
Budget & Financial Summary: The original construction contract is in the amount of
$2,689,718.50. Change Order #3 will result in a net increase of the contract amount by
2.32%. The revised contract amount is $2,752,002.31. The Wastewater portion of the
contract will decrease by $4,500 and will be within the project budget. The Drainage portion
of the contract will increase by $65,930.50, which will bring this portion of the project over
budget by approximately $24,000. These funds will be transferred from the Bee Creek IV
and V project. It is anticipated that these funds will be requested back during the FY09
budget process.
Attachments: 1.) Change Order #3
2.) Project Location Map
69
PO# 060553 PROJECT Bee Creek Comb~ned Channel Improvements, SD-980
OWNER: CONTRACTOR:
City of College Station Austin Filter Systems, Inc.
P.O. Box 9960 13653 Rutledge Spur Ph: (512) 331-6673
College Station, Texas 77842 Austin, Texas 78717 Fax: (512) 331-6687
PURPOSE OF THIS CHANGE ORDER:
24. Quantity increase due to removed asphalt low-flow crossing (26&27) and extension over water line at Texas AVI
25. Rip rap installed at additional locations with high susceptibility to erosion
26. & 27. Low flow crossing removed from the project.
37. Additional off-site drain pipe installed in the south bank near sta 68+00.
38. 30" pipe installed for off-site drainage from the electric substation.
49. Additional quantity for sand stone overrun.
64. Grouted rip rap flumes at residential washout locations near Sta. 35+00. Sta. 39+25 and Sta. 74+50
65. Parking lot corner and flume repair from washout around sanitary sewer manhole
66. Offsite Ditch Interceptor (30" RCP) near electric substation
ORIGINAL CONTRACT AMOUNT
Change Order No. 1
Change Order No. 2
Change Order No. 3
REVISED CONTRACT AMOUNT
$2,689,718.50
($1,146.69) -0.04% CHANGE
$2,000.00 0.07%
$61.430.50 2.28% CHANGE
$2,752.002.31 2.32% TOTAL CHANGE
ORIGINAL CONTRACT TIME
Time Extension No. 1
Time Extension No. 2
Time Extension No. 3
Time Extension No. 4
Time Extension No. 5
Revised Contract Time
395 Days
12 Days
71 Days
45 Days
1 Dav
5 ~a;s
529 Days
APPROVED
Dat
DIRECTOR OF FISCAL SERVICES Datc
MAYOR Dal
I CITY ENGINEER 1 A Dat
DEPARTMENT DIRECTOR Date
CITY SECRETARY Dat'
CITY MANAGER Date
I
*This Change Order is acceptance by ratification for work already completed.
70
H a r v e y M i t c h e l l P k w y S
T
e
x
a
s A
v
e S
So
u
t
h
w
o
o
d
D
r
S o u t h w e s t P k w y
A l l e y
A i r l i n e D r
L
a
n
g
f
o
r
d
S
t
V a l l e y V i e w D r
H a w k T re e D r
A
n
d
ers
o
n St
A
n
g
elin
a Ct
A u s t i n A v e
L
a
ura L
n
T o d d T r l
G u a d a l u p e D r
Lo
n
g
m
ire D
r
Hillt
o
p D
r
S u m mi t S t
Hills i d e D r
L a n c e l o t C i r
P
oto
m
a
c Pl
Bee Creek
Bee Creek Combined (SD-9802)Bee Creek Combined (SD-9802)
Tributary B
71
May 8, 2008
Consent Agenda Item 2L
FM 2818/Welsh Pedestrian Improvements Project
Change Order No. 1 to Contract 07-186
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion to approve a Change
Order for the FM 2818/Welsh Pedestrian Improvements Project.
Recommendation(s): Staff recommends approval of the Change Order No. 1 to Contract
07-186 with Knife River Corporation for the FM 2818/Welsh Pedestrian Improvements
Project in the amount of $-63,885.57.
Summary: The change order reflects the removal of the raised median along FM 2818 and
the removal of the right turn lane onto Nueces Drive. The change order is also necessary to
adjust quantities that changed due to unanticipated soil conditions and conflicts with
existing utilities.
Budget & Financial Summary: Change Order No. 1 will decrease the contract amount by
$63,885.57 for a revised contract total of $1,015,404.08. This project is within budget.
Attachments:
1. Change Order
2. Location Map
72
73
Page 1 of 4
CHANGE ORDER NO. 1 Contract No. 07-1 86 DATE: 111 012008
P.O.# 071021 PROJECT: FM 281 8NVelsh Pedestrian Improvements, Project No. ST051 6
.................................. ........................................ :...:.:.;:;:: .............. ......... ......... :: . ::.:.:.:.:..... .. ....................................................... ....... ::::::.. ........ .............................. ......................... :.,.,:::::: ;:; :;:::;:::;:;:: :,:,:,.,: :::::.:.:.:.: ....... :.:.:.: :.:;::; !:; :;:;; .............................................................................................. ...... : ...................... ... :.:.: ........................................................... ...... ; .............................. ,,,,,,,, ..................................... ...... .................................................... ........................ ................................................................................................................................ ..................... ............. :.:.:.:.:.:
OWNER: CONTRACTOR:
City of College Station Knife River Corporation
P.O. BOX 9960 PO BOX 674 Ph: (979) 361-2900
College Station, Texas 77842 , Bryan, TX 77806 Fax: (979) 361 -2920
PURPOSE OF THIS CHANGE ORDER:
1. Required additions to and deletions from the project. . .
:::::$= ... ... . .
;;;;;;;NO .... ... .... ...
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
.........................................
LS
MO
LS
SY
LF
LS
LF
SY
SY
LF
LF
LF
EA
LS
SY
..... .,.:.. . ..........._.. ..............
.............................................................................
Additional traffic control for closure
of Welsh Avenue
Barricades, sign, and traffic
handling
Additionai appurtenances required
for unknown fire and irrigation
lines
Stabilization of unsuitable
subgrade
Signal Pole Foundations
Additional Pavers
Installation of 12" Waterline and
associated appurtenances
Removing Conc (Driveways)
Driveways (Conc)
RCP (18 in)
Conduit (2" PVC)
Electric Condr (No 8) Insulated
Ground Box (TY C) (16291 1)
wIApron
Interconnect Conduit
Removing Stab Base & Asph Pav
(includes saw cut)
iiiiiii;iiiiiii;jiiiiiiiiiiiiijiiiiijji;jji;jjjiiiijiiiiiii;ijj;i;i;i;iiiiiiiiiiiiiiiiiiiiiii;iiiiiiiiiijjiiiiiijjiii;i~I~iiiii;jiiiiiiij;jQRIGIM~.~iiiiiii;R~vI~EDiiiiiiiiiiAli)D~Di;i[;;; j;iii;iiiiij;iii~fii$iiiiii;iiiiijij~jiijijij;i~iiir;,ESC~Ifi~iiO~i;;;iiiiijj~;iiijj;;i;;i;i~~;~;~~~~~~;~;~;~;i;i;~i~4@~&~jiw/iii/&~~fi$1;$~iii/i;:i~;$~~$;~;i~~;~
$2,166.08
$1,800.00
$3,960.00
$22.50
$220.00
$4,356.90
$60.00
$9.00
$44.00
$42.00
$9.00
$1.70
$680.00
$560.00
$6.00
.
0
4
0
0
0
0
306
155
94
247
135
810
5
0
2243
.
2
7
1
1349
52
1
346
240
150
263
175
1270
6
1
0
...
$4,332.16
$5,400.00
$3,960.00
$30,351.60
$1 1,440.00
$4,356.90
$2,400.00
$765.00
$2,464.00
$672.00
$360.00
$782.00
$680.00
$560.00
-$I 3,458.00
74
Page 2 of 4
CHANGE ORDER NO. 1 Contract No. 07-1 86 DATE: 111 012008
P.O.# 071021
.....
PROJECT: FM 2818Mlelsh Pedestrian Improvements, Project No. ST0516
:::::::::::~:j:~:j:j:i:jjj~i:j:j:j:j:j::::::::::jj:::::::::::::::::::::::j:j.:.:.:.:::::::::::::.::.::.:.:.:.:::.: . " ".'.'.':" .. ....................... ..... ........................... ..,.... ....... ........................ .,.,.,., _,_ ,.,.,., _ ............................................. ...... : ........... ::.: ........... ::: : :.._.. ...'."' :':::::." ...... : ...... :....... . . . . . . . . . : . : . : . : . : . : . : . ........................... ........ .:.:.:.:.: . , , , , ............................ , , , , , , , , , , , , .................................. ..... :.:..:,:.:,: ,.,. :.:.: ,:,:, jjjjj:::jjij;j;j;j~jiiijijijjjjjji~i~j;jji;j;j;j~j~ij:iiiiiii1jjjj;j;i;;;~;j;jiiiiiiiiiiiii~j;;;~;;;;;~~~~~;~;;;;~;~;j;;~;~i~;;;~;;;~ :
OWNER: CONTRACTOR:
City of College Station Knife River Corporation
P.O. BOX 9960 PO BOX 674 Ph: (979) 361-2900
College Station, Texas 77842 Bryan, TX 77806 Fax: (979) 361 -2920
16
17
EA
LF
Remove str (SET)
Remove str (pipe)
$290.00
$14.00
4
200
2
135
-$580.00
-$910.00
75
Page 3 of 4
CHANGE ORDER NO. 1 Contract No. 07-1 86 DATE: 1 /10/2008
P.04 071021
::.:.:.:.:.: .... : ................." :.:.:.:.... :. :::::: . :.:.::.:.:: . : ...... ::;..:.. ..:r:. ........... ..... ......... ........... PROJECT: FM 2818Mlelsh Pedestrian Improvements, Project No. ST0516
..:.:.. :.:.:.: ........................... ... ........ .,.:::.:.:::.: -.:.:... >... .......... ..::. " ..... ............ . ..... . . ................... :;:;:;..,_ ,.:::::.:.: ::::::::::::::: ....................... ... ; ........................................................................... : : : ............................................. ...... ::.:.: ............ _:.:_ :.:.:.: ::::::::: ........................................................... .... ................................................................................................................................................ ................... ....... :.: ......:. :.:.::::::: ....
OWNER: CONTRACTOR:
City of College Station Knife River Corporation
P.O. BOX
College
18
19
20
2 1
22
22
23
24
25
26
27
28
29
30
31
32
9960
Station, Texas
SY
LF
SY
GAL
GAL
CY
TON
TON
LS
LS
LF
LF
LF
LF
LF
LF
77842
Removal of raised median along
FM 2818 from project
(Landscape pavers)
Removal of raised median along
FM 281 8 from project
(Concrete Median)
Remove right turn lane into
Nueces Drive (Flex Base)
Remove right turn lane into
Nueces Drive (Prime Coat)
Asph (CRS-2P or CRS-1 P)
Aggr (TY-L GR-4 SAC-A)
Remove right turn lane into
Nueces Drive (HMAC Type 8)
Remove right turn lane into
Nueces Drive (HMAC Type C)
Remove installation of 43 LF of
24" RCP. (City to keep materials)
Remove installation of two (2) 24"
SET. (City to keep materials)
WK ZN PAV MRK REMOV (W)
I(BRK)
WK ZN PAV MRK REMOV (W)
@(DOT)
WK ZN PAV MRK REMOV (W) 4"
(SLD)
WK ZN PAV MRK REMOV (W)
24" (SLD)
WK ZN PAV MRK REMOV (Y) 4"
(BRK)
WK ZN PAV MRK REMOV (Y) 4"
(SLD)
PO BOX 674
Bryan, TX 77806
$47.00
$1 0.00
$12.00
$4.00
$2.10
$1 00.00
$83.00
$75.00
$851.44
$1,276.64
$0.75
$1.50
$0.75
$9.00
$0.75
$0.75
1042
2201
6072
1218
7058
123
1171
151 8
1
1
1349
100
7797
80
1033
2626
Ph: (979)
Fax: (979)
0
0
5804
1164
2500
56
1112
1503
0
0
0
0
0
0
0
0
361-2900
361-2920
-$48,974.00
-$22,010.00
-$3,216.00
-$216.00
-$9,571.80
-$6,700.00
-$4,897.00
-$I ,125.00
-$851.44
-$I ,276.64
-$I ,011.75
-$I 50.00
-$5,847.75
-$720.00
-$774.75
-$I ,969.54
76
CHANGE ORDER NO. 1 Contract No. 07-186 DATE: 1 /I 012008 I
P.O.# 071021 PROJECT: FM 2818NVelsh Pedestrian Improvements, Project No. ST0516
r
OWNER:
City of College Station
P.O. Box 9960
CONTRACTOR:
Knife River Corporation
PO BOX 674 Ph: (979) 361-2900
Change Order No. 1
REVISED CONTRACT AMOUNT
College Station, Texas 77842 Bryan, TX 77806 Fax: (979) 361 -2920
ORIGINAL CONTRACT TIME
Rain Days (Through 8/29/05)
Time Extension No. 1
Revised Contract Time
33
34
35
SUBSTANTIAL COMPLETION DATE
Revised Substantial Completion Date
($63,885.57) -5.92% CHANGE
$1,015,404.08 -5.92% TOTAL CHANGE
. jj:;:~.j.;:~:;::::::::.:;~:~:~:j.j.;::::::;:~::::::::::::.:::::::::::::::::::::::::::~;;;~~~:~.~:;:~:~:~:~:;:~:~:;:;~::;:~:~:~:~:~:~:~:~:~:~:,: ..... :.: :':':':':'::'.':': :.: :.:.: :.::.:.:.:.:. ' '
' ' ...... ' ' ' ' ' ' ' ' ' ' ' ._ .......................... .................................................... ............................... .......................... ...................... ............................ .................... . . ... ........................ ::::::::::::.:.:.:.:::.:.: .:.:.:.:.:.:. .:. ..:.:.:.:.:
....................................................... THE NET AFFECT OF THIS CHANGE ORDER IS A 5.30% DECREASE.
................. .. .. ... ... ............. ...... ..................................... ... .......................... ...... ......... ................ ..:.: ............................................................................... ::,:,: :. .............................................................................................. ...................... .......................... : :.:.: .............. ............................. ...... ...... ..:.:
LF
LF
LF
75 Days
2 Days
1 16 Days
193 Days
I CITY PRO~ECT ~ANAGER CHIEF FINANCIAL OFFICER I
ELlM EXT PAV MRK & MRKS (4")
ELlM EXT PAV MRK & MRKS
(12)
ELlM EXT PAV MRK & MRKS
(24")
MAYOR
Z 2- -68
DEPARTMENT DIRECTOR CITY SECRETARY
$0.60
$2.80
$5.50
CITY MANAGER I I I
*Approval of this Change Order #I is an acceptance of items by ratification. This C.O. does
not make any material changes to the items of the contract. The work performed under this contract is not complete
1 1244
344
80
..................................
Page 4 of 4
0
0
0
TOTAL
-$6,746.40
-$963.20
-$440.00
-$63,885.57
...........
77
May 8, 2008
Regular Agenda Item 1
Rezoning for South Hampton Phase II
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 PDD Planned Development District to PDD Planned Development District to
amend the Concept Plan related to buffer fence requirements for 10 lots on 3.208 acres
located at 1201, 1203, 1205, 1207, 1209, 1211, 1213, 1215, 1217, and 1219 Ebbtide Cove,
generally located southwest of the intersection of State Highway 6 and Nantucket Drive.
Recommendation(s): The Planning and Zoning Commission voted 6-0 (with one
abstention) to recommend denial of the rezoning. Because the buffer and fencing standards
were developed as a means to transition from low density to medium density residential
uses and retain the rural character of Nantucket, and were proposed in order to secure the
medium density PDD zoning, staff recommended denial of the request.
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 designated as
Single-Family Residential Medium Density on the Land Use Plan and is currently being
developed as such.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: Surrounding properties are
designated as both Single-Family Medium Density and Single-Family Low Density on the
Land Use Plan and are generally developed as such. During the development of the
existing PDD zoning, the buffer and fencing standards were required to create a
transition from low density residential to medium density residential.
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 uses
permitted by the PDD zoning include single-family residential lots, buffers and landscape
reserves. The proposed amendment affects the required 40-foot buffer adjacent to
Nantucket Drive, at the rear of the lots on Ebbtide Cove. The PDD currently requires
that if a fence be placed in the rear yard, it be located on the home side of the buffer
(not the street side). The applicant has requested that black steel fences be permitted
along Nantucket Drive with wood board fences running perpendicular along the side lot
lines.
Based on the concerns expressed by area property owners at the time of the original
rezoning hearings (based on meeting minutes), it appears that the intent of the decision
by the Planning & Zoning Commission and the City Council to include the buffer fencing
requirement was to ensure that a natural buffer remain in order to preserve the
character of Nantucket. If the buffer is permitted to be fenced by individual property
owners, continued maintenance and preservation of the buffer in its “natural” state may
be compromised. Staff believes that the proposed fencing is not appropriate in this area
78
and will detract from the natural buffer permitted by the district.
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
existing buffer fencing requirement is suitable for the property.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
It is unknown if the marketability of the property will be affected by the proposed
change to the buffer fencing requirements.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: Infrastructure for the site
is available and adequate. Since the permitted uses will not change, the need for
infrastructure will not change. The proposed amendment to the buffer fence
requirements are not affected by the availability of infrastructure.
Budget & Financial Summary: N/A
Attachments:
1. Small Area Map (SAM) and Aerial
2. Background Information
3. Draft Planning and Zoning Commission Minutes, April 17, 2008
4. Ordinance
79
80
81
Background Information
NOTIFICATIONS
Advertised Commission Hearing Date: April 17, 2008
Advertised Council Hearing Dates: May 8, 2008
The following neighborhood organizations that are registered with the City of College
Station’s Neighborhood Services have received a courtesy letter of notification of this
public hearing:
None
Property owner notices mailed: 13
Contacts in support: None
Contacts in opposition: 11
Inquiry contacts: 2
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Single-Family Low
Density A-O
Single-Family Low
Density (Nantucket
Subdivision)
South Single-Family Medium
Density PDD
Single-Family Medium
Density (South
Hampton Subdivision)
East Freeway - State Highway 6
West Single-Family Medium
Density R-1
Single-Family Medium
Density (Nantucket
Subdivision)
DEVELOPMENT HISTORY
Annexation: 1996
Zoning: A-O to PDD Planned Development District in 2004. The
Concept Plan requires a 40-foot buffer at the rear of all lots that
back up to Nantucket Drive. Fences, if constructed, are
permitted only on the home side of the buffer (not on the street
side).
Final Plat: South Hampton Subdivision, Phase 2
Site development: Single-family homes have been constructed on several of the
lots
82
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, April 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Harold
Strong, Bill Davis, Derek Dictson, Glenn Schroeder and Noel Bauman
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: David Ruesink
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Crissy
Hartl, Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Josh
Norton, Acting Development Engineer Carol Cotter, City Engineer Alan Gibbs, 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 7:00 p.m.
2. Hear Citizens.
None
3. Public hearing, presentation, possible action, and discussion regarding a rezoning
for 10 lots on 3.208 acres in South Hampton Phase 2 from PDD Planned
Development District to PDD Planned Development District to alter the buffer
fencing requirements for the properties located at 1201, 103, 1205, 1207, 109,
1211, 1213, 1215, 1217 and 1219 Ebbtide Cove, generally south of Nantucket
Drive. Case #08-00500059 (JP)
Commissioner Dictson recused himself from this item.
Jennifer Prochazka, Senior Planner, presented the Rezoning and recommended
denial.
There was general discussion regarding the rezoning.
83
Chairman Nichols opened the public hearing.
Phyliss Hobson, 9304 Chadwick, College Station, Texas, stated that she does not
remember there being a note on the plat stating that the fence had to be on the
home-side. She also said that having the fence on the street-side requires the
homeowner to maintain the buffer area.
Joe Hobson, 2012 Raven Stone Loop, College Station, Texas, stated that the steel
fence encourages homeowners to plant more.
Bill and Cindy Morris, Elegant Living Homes, stated that they were told that the
fences were mandatory according to the deed restrictions. Ms. Morris said that
she believes that the fence enhances the property.
Jim Maness, 1733 Arrington Road, College Station, Texas; Howard Williams,
1104 Faraway Island, College Station, Texas; Kelly and Kasey Lobb, 4203 Snug
Harbor, College Station, Texas; Bill Harris, 1207 Mariner’s Cove, College
Station, Texas; Sherry Bame, 4202 Snug Harbor, College Station, Texas; David
Wiltschko, 4202 Snug Harbor, College Station, Texas; Pat Kultgen, 1503 Fair
Have Cove, College Station, Texas; Dan Daniels, 1106 Faraway Island, College
Station, Texas; Paul Morris, 4711 Scrimshaw, College Station, Texas; Patricia
Chalupsky, 1403 Harper’s Ferry, College Station, Texas; Rosemary Klahn, 1402
Harper’s Ferry Road, College Station, Texas; Jacques Richard, 1211 Ebbtide
Cove, College Station, Texas; Jackie Flagg, 4607 Midsummer Lane, College
Station, Texas; Joseph Holmes, 4707 Scrimshaw, College Station, Texas. These
citizens stated that they would like the fence taken down and the original
vegetation replaced.
Chairman Nichols closed the public hearing.
Commissioner Strong stated that clear direction was originally provided to the
applicant.
Commissioner Sanford motioned to recommend denial of the Rezoning.
Commissioner Strong seconded the motion, motion passed (6-0).
84
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 (1 0) 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 8th day of May, 2008
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
85
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 property is rezoned from PDD Planned Development District to PDD Planned
Development District in order to amend the Concept Plan (attached as EXHIBIT "C"):
Lots 2,3,4, 5,6, 7, 8,9, 10, 11, Block 4, South Hampton Subdivision, Phase 2 (graphically
shown in EXHIBIT "B").
86
- -- - - -. - - ~p I
SOUTH HAMPTON PH 2 case: REZONING-,
i 08-059
87
ORDINANCE NO.
EXHIBIT "C"
Page 4
88
May 8, 2008
Regular Agenda Item 2
Longmire Drive Comprehensive Plan Amendment
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance amending the Land Use Plan element of the Comprehensive Plan Single-Family
Residential Medium Density to Office for 14.15 acres located at 3690 & 3695 Longmire
Drive, and more generally located along both the east and west sides of Longmire Drive,
south of the intersection of Longmire Drive and Bridle Gate Drive.
Recommendation(s): The Planning and Zoning Commission voted 5-1 to recommend
approval at their April 17th meeting. Based on the designation of the surrounding properties
on the Land Use Plan and the existing pattern of development, both being primarily single-
family, staff recommended denial of the applicant’s proposal.
Summary:
1. Changed or changing conditions in the subject area or the City: Since the
development of the Comprehensive Plan, the area has experienced development of
primarily single-family residential subdivisions, including Bridle Gate Estates and the
Dove Crossing Subdivision, as was anticipated by the Comprehensive Plan. In 2004,
Longmire Drive was extended through this area, dividing the property and creating the
street frontage for the two tracts. While Longmire had not been constructed at the time
that the property was designated as Single-Family Medium Density on the Land Use
Plan, it was depicted on the Thoroughfare Plan and was presumably considered when
the Land Use Plan was developed.
2. Compatibility with the remainder of the Comprehensive Plan: Like the subject
property, the surrounding area is designated as Single-Family Medium Density on the
Land Use Plan. Staff feels that non-residential development of this scale will be
incompatible with the future Land Use Plan for the surrounding area. The
Comprehensive Plan states that Office uses are generally dependent on good access to
local arterials. While Longmire Drive connects to arterials in the larger system, it is
designated as a major collector on the Thoroughfare Plan.
A non-residential use, such as Office, may be appropriate on the tract that lies east of
Longmire Drive because of its size, limited depth, and adjacency to commercial
development. Office development may also be appropriate on a portion of the tract that
lies to the west of Longmire Drive, but, at this point, staff is uncomfortable making a
specific recommendation based on a piecemealed approach in this area with a lack of
changed conditions (based on what the Comprehensive Plan anticipated). There are
several undeveloped tracts in close proximity to the subject property that would need to
be included in a larger study with an opportunity for public input and participation. This
will be accomplished with the update of the Comprehensive Plan that is currently
underway.
Budget & Financial Summary: N/A
Attachments:
89
1. Item Background
2. Draft Planning and Zoning Commission Meeting Minutes, April 17, 2008
3. Ordinance
90
Background Information
NOTIFICATIONS
Advertised Commission Hearing Date: April 17, 2008
Advertised Council Hearing Dates: May 8, 2008
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:
Bridle Gate Estates HOA
Springbrook HOA
Contacts in support: None
Contacts in opposition: 2
Inquiry contacts: 2
ADJACENT LAND USES
Direction Comprehensive
Plan
Zoning Land Use
North Single-Family
Medium Density A-O and R-1
Undeveloped
property and Single-
Family (Bridle Gate
Subdivision)
South Single-Family
Medium Density R-1 and A-O
Single-Family
(Lakeview Estates)
and Undeveloped
property
East Single-Family
Medium Density A-O
Commercial
(SecurCare self-
storage)
West Single-Family
Medium Density R-1
Single-Family (Dove
Crossing
Subdivision)
DEVELOPMENT HISTORY
Annexation: 1983
Zoning: A-O
Final Plat: Unplatted
Site development: Vacant
91
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, April 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Harold
Strong, Bill Davis, Derek Dictson, Glenn Schroeder and Noel Bauman
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: David Ruesink
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Crissy
Hartl, Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Josh
Norton, Acting Development Engineer Carol Cotter, City Engineer Alan Gibbs, 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 7:00 p.m.
2. Hear Citizens.
None
3. Public hearing, presentation, possible action, and discussion regarding a
Comprehensive Land Use Plan amendment from Single-Family Residential
Medium Density to Office and Neighborhood Retail for 14.15 acres located at
3690 and 3695 Longmire Drive, generally located both east and west of Longmire
Drive, south of the intersection of Longmire Drive and Bridle Gate Drive. Case
#08-00500054 (JP)
Commissioner Bauman recused himself from the item.
Jennifer Prochazka, Senior Planner, presented the Comprehensive Land Use Plan
Amendment and recommended denial.
There was general discussion regarding the rezoning.
92
Chairman Nichols opened the public hearing.
Mike Gentry, 1515 Emerald Plaza, stated that he was amending his request from
Office and Neighborhood Retail to Office.
Amanda Dotson, 3708 Bridle Trails, stated that she was in favor of professional
offices.
Chairman Nichols closed the public hearing.
Commissioner Strong stated that 14.15 acres of office is too much for the area.
Commissioner Strong motioned to table the item. Motion failed because of
the lack of a second.
Commissioner Schroeder motioned to recommend approval to change the
land use of the entire 14.15 acres to Office. Commissioner Sanford seconded
the motion, motion passed (5-1). Commissioner Strong was in opposition.
93
ORDINANCE NO.
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF
COLLEGE STATION, TEXAS, BY AMENDING THE LAND USE PLAN, FOR THE AREA
LOCATED ON BOTH THE EAST AND WEST SIDES OF LONGMIRE DRIVE, SOUTH
OF THE INTERSECTION OF LONGMIRE DRIVE AND BRIDLE GATE DRIVE,
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 :
PART 2:
PART 3:
That the "Comprehensive Plan of the City of College Station" be amended by
amending the "Land Use Plan" as set out in Exhibits "A" and "B", for the
identified area and made a part of this ordinance for all purposes.
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.
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 gth day of May, 2008.
ATTEST:
City Secretary
APPROVED:
APPROVED:
MAYOR
94
ORDINANCE NO. Page 2
EXHIBIT "A"
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 14.15 acres generally located on both the east and west sides of Longrnire Drive, south of the
intersection of Longrnire Drive and Bridle Gate Drive, is amended from Single-Family Medium
Density to Ofice, as shown on the attached Exhibit "B".
95
ORDNANCE NO.
EXHIBIT "B"
Page 3
96
May 8, 2008
Regular Agenda Item 3
3072 Rock Prairie Road West Comprehensive Plan Amendment
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance amending the Land Use Plan element of the Comprehensive Plan from Single-
Family Residential Medium Density to Single-Family Residential High Density for 3 acres at
3072 Rock Prairie Road West, generally located west of the intersection of Rock Prairie Road
West and Wellborn Road.
Recommendation(s): The Planning and Zoning Commission voted unanimously to
recommend approval at their April 17th meeting. Staff also recommended approval.
Summary:
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 Road to the east, Jones Butler (I&GN) Road to the
west, Harvey Mitchell Parkway to the north, and North Graham Road to the south. The
subject property is approximately 125’ wide and is east of the Williamsgate Subdivision.
In March of this year, a Comprehensive Plan Amendment changed the land use
designation to Single Family Residential High Density for the 10.44 acre property
immediately to the east.
The applicant is requesting Single Family Residential High Density in order to include the
subject property with the adjacent property to the east and 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 developments in the area include the development of the 20-acre Williamsgate
Subdivision adjacent to the property to the west. It was rezoned to R-1, Single Family
Residential in 2004, was subsequently platted and some homes have been built and
others are under construction. Two other properties along Old Wellborn Road 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 that the small area
plan provided
2. Compatibility with the remainder of the Comprehensive Plan: Several land use
designations are in the area of the subject property. Single Family Residential Medium
Density abuts the property to the north and west, while the aforementioned Single
Family Residential High Density is to the east. Retail Neighborhood and Transitional
designations are just to the east of the adjacent property and Industrial / Research &
Development exists to the south of Rock Prairie Road 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
97
Density allows for single family uses with 7 to 9 dwelling units per acres. In addition to
detached single family, the High Density designation allows for townhouse zoning
districts.
Budget & Financial Summary: N/A
Attachments:
1. Aerial and Small Area Map (SAM)
2. Background Information
3. Draft Planning and Zoning Commission Meeting Minutes, April 17, 2008
4. Ordinance
98
99
100
Planning & Zoning Commission Page 1 of 1
April 17, 2008
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: 04-17-08
Advertised Council Hearing Dates: 05-08-08
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:
None
Contacts in support: 0
Contacts in opposition: 0
Inquiry contacts: 0
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Single Family –
Medium Density A-O Single Family residence,
agriculture use
South Thoroughfare –
Minor Arterial Rock Prairie Road W
East Single Family –
High Density A-O Former hydroponics/
retail garden facility
West Single Family –
Medium Density R-1 Williamsgate single family
subdivision
DEVELOPMENT HISTORY
Annexation: 2002
Zoning: A-O (upon annexation)
Final Plat: Not platted
Site development: Single family residence
101
April 17, 2008 P&Z Regular Meeting Minutes Page 1 of 1
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, April 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Harold Strong,
Bill Davis, Derek Dictson, Glenn Schroeder and Noel Bauman
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: David Ruesink
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Crissy Hartl,
Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Josh Norton, Acting
Development Engineer Carol Cotter, City Engineer Alan Gibbs, Assistant Director Lance
Simms, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson,
Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell
12. Public hearing, presentation, possible action, and discussion regarding an amendment to
the Comprehensive Land Use Plan from Single-Family Residential, Medium Density to
Single-Family Residential, High Density for 3 acres at 3072 Rock Prairie Road West,
generally located west of the intersection of Rock Prairie Road West and Wellborn Road.
Case #08-00500061 (JS)
Jason Schubert, Staff Planner, presented the Comprehensive Land Use Plan Amendment
and recommend approval.
Chairman Nichols opened the public hearing.
No one spoke during this time.
Chairman Nichols closed the public hearing.
Commissioner Dictson motioned to recommend approval of the Comprehensive
Land Use Plan Amendment. Commissioner Sanford seconded the motion, motion
passed (7-0).
102
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 3072 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 gLh day of May, 2008.
ATTEST:
City Secretary
APPROVED:
APPROVED:
MAYOR
103
ORDINANCE NO.
EXHIBIT "A"
Page 2
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 3 acres generally located at 3072 Rock Prairie Road W is amended from Single Family
Residential Medium Density to Single Family Residential High Density, as shown on the
attached Exhibit "B".
104
ORDINANCE NO. Page 3
EXHIBIT "B"
105
May 8, 2008
Regular Agenda Item 4
Rezoning for 2950 & 3072 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 an
ordinance rezoning 13.44 acres from A-O Agricultural Open to R-3 Townhomes for the
property located at 2950 and 3072 Rock Prairie Road West, generally located west of the
intersection of Rock Prairie Road West and Wellborn Road.
Recommendation(s): The Planning and Zoning Commission unanimously recommended
approval of the rezoning. Staff also 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: In March, the Comprehensive Plan Land
Use Plan was amended from Single Family Residential Medium Density and Retail
Neighborhood to Single Family Residential High Density for a 10.4 acre portion of the
subject property. The applicant has a Comprehensive Plan Amendment request pending
that seeks to amend the remaining 3 acre portion of the property from Single Family
Residential Medium Density to Single Family Residential High Density. If approved, the
Single Family Residential High Density, which consist of developments with 7 to 9 single
family dwelling units per acre, would allow for a R-3 Townhouse zoning district. The
Thoroughfare Plan provides a future minor collector along the eastern property line
which will be required to be constructed with the development of the property.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The 20 acres to the west of the
subject property is zoned R-1 Single Family Residential and is currently being developed
as the Williamsgate Subdivision. The Williamsgate phase adjacent to the subject
property consists of lots approximately 0.2 acres in size and a gross density of about 4
dwelling units per acre. The R-3 zoning district allows up to 14 dwelling units per acre
(net) but if approved development on the property would be limited to 7 to 9 dwelling
units per acre (gross) to be consistent with the Comprehensive Plan. The property to
the north and east are currently zoned A-O Agricultural Open and are developed with a
few dwelling units. Other property in the area includes C-2 Commercial-Industrial
zoning at the intersection of Old Wellborn Road and Rock Prairie Road West which part
of is currently developed as a veterinary clinic.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The
proposed zoning permits townhouse and single family detached dwellings. The
southeast corner of the subject property is located at the intersection of Rock Prairie
Road West, a Minor Arterial on the Thoroughfare Plan, and a future Minor Collector. The
higher density afforded by the proposed zoning helps to transition the area away from
106
the higher intensity of the railroad and future commercial or industrial properties to the
east and south.
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
existing zoning of the subject property is A-O Agricultural Open. Agricultural and low
density residential uses are not ideal for property at the intersection of two
thoroughfares.
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 applicant is seeking to develop the subject property with townhouse uses and the
proposed request is a step in process to develop the property as such.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: The City of College Station
will provide the subject property with sewer service as it is located within the
Steeplechase Sewer Impact Fee area. The property will obtain water service from
Wellborn Water and electrical service from BTU. Development of the property will
require the construction of an unnamed Minor Collector along the eastern property line.
The property is adjacent to Rock Prairie Road West, a Minor Arterial, though not yet built
to that standard. Also located approximately 700 feet to east of the property is the
signalized intersection with Wellborn Road, a Major Arterial being expanded to six lanes
by TxDOT beginning later this year.
Budget & Financial Summary: N/A
Attachments:
1. Aerial and Small Area Map (SAM)
2. Background Information
3. Draft Planning and Zoning Commission Minutes, April 17, 2008
4. Ordinance
107
108
109
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: 04-17-08
Advertised Council Hearing Dates: 05-08-08
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:
None
Property owner notices mailed: 5
Contacts in support: 0
Contacts in opposition: 0
Inquiry contacts: 0
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Single Family –
Medium Density A-O
Single Family
residence, agriculture
use
South Thoroughfare –
Minor Arterial Rock Prairie Road W
East Retail Neighborhood
and Transition A-O Duplexes and mobile
home
West Single Family –
Medium Density R-1 Williamsgate single
family subdivision
DEVELOPMENT HISTORY
Annexation: 2002
Zoning: A-O (upon annexation)
Final Plat: 10.4 acres platted in 1991, the remaining 3 acres are not platted
Site development: Former hydroponics/retail garden facility and a single family
residence
110
April 17, 2008 P&Z Regular Meeting Minutes Page 1 of 1
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, April 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Harold Strong,
Bill Davis, Derek Dictson, Glenn Schroeder and Noel Bauman
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: David Ruesink
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Crissy Hartl,
Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Josh Norton, Acting
Development Engineer Carol Cotter, City Engineer Alan Gibbs, Assistant Director Lance
Simms, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson,
Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell
13. Public hearing, presentation, possible action, and discussion regarding a rezoning of
13.44 acres from A-O, Agricultural Open to R-3, Townhomes for the property located at
2950 and 3072 Rock Prairie Road West, generally located west of the intersection of
Rock Prairie Road West and Wellborn Road. Case #08-00500048 (JS)
Jason Schubert, Staff Planner, presented the Rezoning and recommended approval.
Chairman Nichols opened the public hearing.
No one spoke during this time.
Chairman Nichols closed the public hearing.
Commissioner Davis motioned to recommend approval of the Rezoning.
Commissioner Schroeder seconded the motion, motion passed (7-0).
111
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 Exhibits "A" and "B, 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 81h day of May, 2008.
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
112
ORDINANCE NO. Page 2
EXHIBIT ''A"
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 properties are rezoned from A-0, Agricultural Open to R-3, Townhouse and
shown graphically in Exhibit "B":
Lots 1 & 2, Block 1 Merker-Strawn Subdivision
and
a 3-acre tract with the following metes and bounds:
113
ORDINANCE NO.
OPALL'lUATC~TAlNTIUCTMIPARCEZff LANDLYINGAND
ADEEDTODAVIDW. ANDNAWY I. HOLMESRECORDEDMVOWMB 120P.PAtES290FTHB
SAW 7RACCBUNO MOW ARTICULARLV DESCRIBW BY MEE3 ANDBOUNDS AS -W. P
MBIIXER-SIUWN SUBDIV SlON 1;
Page 3
114
ORDINANCE NO.
EXHIBIT "B"
Page 4
115
May 8, 2008
Regular Agenda Item 5
Rezoning for 3180 Cain Rd.
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 R-3, Townhouse for 10.434 acres located at 3180
Cain Road generally located southwest of the intersection of Cain Road and Jones Butler
Road.
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 designated as
Residential Attached under the Land Use Plan. The proposed rezoning to R-3 Townhouse
is consistent with the Comprehensive Land Use Plan.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The current zoning districts
surrounding the subject property are classified as A-O, Agricultural Open as a result of
the areas to the North, West and South being recently annexed. The proposed rezoning
request is not considered compatible with the A-O zoning district. However, the
proposed rezoning is compatible with the existing land use of duplexes to the north and
east of the subject property. The existing land use on much of the properties
surrounding the subject property are considered non-conforming, but are grandfathered
to their use. In addition, much of the surrounding property is platted for development
and/or in the development phase.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: On
February 28th, 2008 City Council approved a Comprehensive Plan Amendment to change
the Land Use from Single Family Residential, Low Density to Residential Attached. As
such an R-3 Townhouse zoning district is considered to be suitable for the subject
property.
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, low-intensity residential, or open space uses. If
the currently-grandfathered duplexes were to be removed from the property, the most
intense residential use would be two single family sites. While this would be suitable for
the A-O zoned property, it makes redevelopment of the property into such conforming
uses unlikely.
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 applicant is seeking to enhance the marketability of the property through the
proposed zone change. The applicant intends to market the property for townhouses.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: The subject property is not
located within the City of College Station's water service area; however, the applicant
will be required to verify the ability to provide fire flow to this site during the platting
process. The subject property is not currently serviced by City of College Station
sanitary sewer services, however a 12-in City of College Station sanitary sewer main is
located on the adjacent development (Las Palomas). The subject property is located
adjacent to Jones-Butler Road which is shown as a Major Collector on the City's
Thoroughfare Plan.
Budget & Financial Summary: N/A
Attachments:
1. Small Area Map (SAM) and Aerial
2. Background Information
3. Draft Planning and Zoning Commission Minutes, April 17, 2008
4. Ordinance
117
118
119
120
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: April 17, 2008
Advertised Council Hearing Dates: May 8, 2008
The following neighborhood organizations that are registered with the City of College
Station’s Neighborhood Services have received a courtesy letter of notification of this
public hearing:
None
Property owner notices mailed: 36
Contacts in support: 2
Contacts in opposition: 0
Inquiry contacts: none at time of staff report
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North SF Residential, Low
Density
A-O, Agricultural
Open
Currently developed as
Los Polomas, a duplex
development
South SF Residential, Low
Density
A-O, Agricultural
Open
Large lot
residential/agricultural
East
Major Collecter Right-
of-Way and SF
Residential, Medium
Density
A-O, Agricultural
Open
Jones-Butler Road.
Large lot
residential/agricultural
and duplexes on Cain
Road.
West SF, Low Density A-O, Agricultural
Open
Currently vacant, but
part of Great Oaks
Master Plan, planned
for single-family
medium density
DEVELOPMENT HISTORY
Annexation: 2008
Zoning: A-O
Final Plat: Unplatted
Site development: Currently developed with approximately 30 duplex units on
site.
121
April 17, 2008 P&Z Regular Meeting Minutes Page 1 of 1
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, April 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Harold Strong,
Bill Davis, Derek Dictson, Glenn Schroeder and Noel Bauman
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: David Ruesink
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Crissy Hartl,
Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Josh Norton, Acting
Development Engineer Carol Cotter, City Engineer Alan Gibbs, Assistant Director Lance
Simms, Planning Administrator Molly Hitchcock, First Assistant City Attorney Carla Robinson,
Action Center Representative Carrie McHugh and Staff Assistant Brittany Caldwell
Regular Agenda
1. Public hearing, presentation, possible action and discussion regarding a rezoning of
10.434 acres from A-O, Agricultural Open to R-3, Townhouse for the property located at
3180 Cain Road, generally located southwest of the intersection of Cain Road and Jones
Butler Road. Case #08-00500049 (MR)
Matt Robinson, Staff Planner, presented the Rezoning and recommended approval.
Chairman Nichols opened the public hearing.
Joe Schultz, 2033 Harvey Mitchell Parkway, stated that he was available for questions.
Ron Lightsey, 9753 Whispering Ridge, said he would like to remove the older duplexes
and redevelop to townhomes.
Chairman Nichols closed the public hearing.
Commissioner Bauman motioned to recommend approval. Commissioner Davis
seconded the motion, motion passed (7-0).
122
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 8'h day of May, 2008
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
123
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 property is rezoned from A-0, Agricultural Open to R-3, Townhouse:
ALL THAT CERTAIN 10.434 ACRE TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE CRAWFORD BURNETT LEAGUE, A-7, BRAZOS COUNTY, TEXAS.
SAID TRACT BEING THE SAME TRACT OF LAND AS DESCRIBED BY A DEED TO
ALBERT P. RIBISI AND ANNE K. RIBISI (TRACT l), RECORDED IN VOLUME 1169,
PAGE 506 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS. BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS IN EXHIBIT "B", AND
GRAPHICALLY SHOWN IN EXHIBIT "C".
124
ORDINANCE NO.
EXHIBIT "B"
Page 3
ME'rES ASD l?OIrNDS DESCRIPTION
01: A
10.434 ACRE 'rRrZ(T
CR4N FORD I*IIrRNEIT l,Er\CIrI?, 1%-7
IjRAZOS COI'NTI', TEXAS
\ll-ITS 41'11 R0C''iI)S DESCRIPTION 01; ALL ll-12Z'I' CERT:\IN TRAC'I. OR P*lR('Fl Or
I,e\ND 1,'I'INC; ,451) BEWG SI'II'AEI) IS 'THE CRALITOKD RL'RNE'I-I' ldE.4<it 1:. :I-7.
1~1~~~0s (*~IJKTTY, TEXAS, shin m~c'^r- BEIF(; .I-I-E SA~IE TRACT OF I,ANII AS
III.SCRll3l~I) RY A IIEED TO AI,DERT 1' RIBlSl A?? ANN1 I( K1131SI (TRACT I).
Ill ('ORDl'l) 1% \'Ul,\3if: 1 P.4GF (00 OF TIil: OFFICi.A1 Pl'Dl lr RECORDS 01:
11TZAZOS ('01 'KTY, 1'ESAS
SAII) TRACT f3I'INCi hlORE 1'.4RTICI.?_ARI \' DLSSRIRED B\' hEES AND BOLrNIIS AS
I+-( 11 'O\VS.
BlSCIShih'(; A'1' A ' 2 I RCH tRON ROD FCli IND ON 'THE SOLI'l'I-IUZST RIGHT-01'-WAY
LIKE' OF J0XI:S-B1+TIAI1K ROAD (100' R 0 M'.) 3iARKIXG TIIF EAST ('OKITR 01: I.OT I.
131 OCK 1. I :IS I'i\LOhIAS SCRI)I\ISIOK RECORDEU B \'01'\'3fE 7.367, PAGE 3 01'RF
O1:I:ICItZL Pt.ll3LIC Kt<t'ORDS 01'13RAZOS COLWTY. TEXAS, AND TI 11: YOR~I? I C'ORNI'R
OF 'l"'f(lS I1l:RJ:IS Di;S('KTBER TRACT:
TIIENm: S 22" 10' 25" E ALONG SAln KIGZIT-O~--M'.~'I' FOR A DISTANCE 01' 224 61
FI:IS'I' 1'0 A 5/8 WCII 11WN ROD Sf3 MARKING THE NORTI3 CORNER 01; 'I'1-E
REV .ZINL)ER OF A .or; 12 ACRE TIIACT IIIISCRLRI~I) BY A nr:l:Ij TO GKACE STAI.I OXE
AR~I:ITE AKII CHAR~,~-,S ANTI~(J?;\~ Annn-m rr; voLcxrr: 23 10, PACE 12 01- THE
OI:FICl,U Pt'IlI,IC Rt'X"C)RDS 81: RTbIZoS ('OVN-rJ", TEXAS, AND THE E.ASTCOIItiIIR OF
'1.1 IIS I I~.:.Rl~lN 1)ESCRIIITID TRACT.
'I'f!E.:NCF.: S -12' :7'42" \+' .AAOh*G TliE NC)RTFIWEST l,lhT OF SAID 4RRrll-E 'IRA(? FOR
A DIS*TtZNCf' OF: 843 90 EFT TO A 5/: mCII IROS ROD FOU'NI) ON 'I'IIl< SOIJ'I'I-IM'EST
LISIS OF THE ('KA\k%'OKI) I3'LrKhTT7' LEAGI IF, A-7 AND 'THE NOIITHEAS'I' 1.lh'E 01"1'1 11:
JA3lliS ER\$'IN SL%VE\'. A-1 1 Q. !il:iKlilYCi ?.fe EAST C0RVl:R OF THE REhitUr\;DKli 01.
A ?OR 52.5 ACUiS TRACT DESCRII3EIl BY h DEED TO INI)I\'ISIA C,'OKf'ORATiOA IS
\'OI I1 hlE 38 12. PAGI: 330 01; Tl11: OFFICIhl, Pl,BI-IC' RECORDS 01' BRAZOS CO'CJNSY.
TEXAS. .4Ul) TlIE SO1 "1'11 C0KKL:R OF '1.11 IS FfERFIU DESCRII\I?D TRACT.
'LIIKNCE: N 48"' 09' 11" W ALONG THE SOLrI7Wt:S'T LINlr OF 1'111: CRA\VI.OKD
I3URNETT l.IIA(;UE, A-7 FOR A 1)ISTAKCE OF 472 3 FEET 7'C? A '/2 IWC'I 1 IRON ROT1
FOL*ND ?cLARKlKG ?1IE SOLTI3 COWTER OI: LOT 13, I13LOCK 1 OFSATl3 l..AS Prl1-03IAS
SI'RIIII'ISIOX *It\;D THE \$'EST CQRhTR OF 7711s IIT.RET?ii; DESCRIBED 'I'RACT,
THENC'I.1: N 12" 46' 13" fl ALONG 7'l-E SOlmEAS?' I,INE 01: SAID I.,AS PAI,OMAS
125
ORDINANCE NO. Page 4
Sl.ll3l~l\.'ISION FOR A I>ISTANCE OF 1073 67 FEET TO THE POINT 01; BEGISIL'INC;
CON'1'4TSlK(; 10434 ACRFS OF LPIND, hlOKE OF 1,I;SS. AS SURVI:\'13D OY 'SlE
GKOITD J1'XE. 2N17 SEE PI AT PREP.%RED Jl.TE, 2007. FOR 3fORIs DESCKIBTILqF
lNT'(3RhtXl.lOS Bf~tZRING SI'STEM Sf iO&N IIEREIS IS T3ASF:D OV GRlD NOR.1-ll AS
~~S~I'tllli I Sl-ll:D lXO\l GPS OBSER\',47'10N
IlR.41) KLRR
Rl-(il S'l-[-RED PIIOFESSlOh' AI..
1 ANI) SI'KV1:YOR'do .IW?
126
127
May 8, 2008
Regular Agenda Item 6
Rezoning for 2818 Place
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 and R-4 Multi-Family to A-O Agricultural Open and R-4
Multi-Family to readjust zoning boundaries based on FEMA floodplain lines, with no net gain
in developable area, for 12.93 acres located at 1300 Harvey Mitchell Parkway, generally
located southeast of the intersection of Harvey Mitchell Parkway and Jones Butler Road.
Recommendation(s): The Planning and Zoning Commission unanimously recommended
approval of the rezoning. Staff recommended approval of this rezoning request because it
further protects existing floodplain from development and because there is no net change in
developable area.
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 request is consistent with the
Comprehensive Plan, which designates this property as Residential Attached and
Floodplains & Streams. The proposed amendment alters the A-O and R-4 zoning lines to
conform to the FEMA 100-year floodplain line, with no net gain of developable area. A
Letter of Map Revision (LOMR), altering the floodplain location, was accepted by FEMA in
2007.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The existing A-O and R-4 zonings
were found to be compatible with the existing uses and zoning of nearby properties with
the initial rezoning of the subject property in 2006.
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
permitted uses will not change with the proposed amendment, however the areas that
can be developed for multi-family and the areas that must remain undeveloped would be
altered slightly. The result is that no development would be permitted to occur in the
floodplain. There is no net gain in developable area proposed.
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
permitted uses will not change with the proposed amendment.
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 permitted uses will not change with the proposed amendment. Since there is no net
difference in the amount of developable land, it is unlikely that the marketability will be
affected.
128
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: Infrastructure for the site
is available and adequate. Since the permitted uses will not change, the need for
infrastructure will not change. The proposed amendment will limit development of the
floodplain, reserving this area for natural stormwater management.
Budget & Financial Summary: N/A
Attachments:
1. Small Area Map (SAM) and Aerial
2. Background Information
3. Draft Planning and Zoning Commission Minutes, April 17, 2008
4. Ordinance
129
130
131
Background Information
In 2007, the property owner requested rezoning of the property to adjust zoning
boundaries based on the 100-year floodplain line, with a net gain of approximately 5 acres
of developable area. The request was denied by the City Council based on concerns of
over development of the site and other flood-prone areas, in general. Since that time, the
LOMR has been formally accepted by FEMA. This rezoning request further protects
existing floodplain from development and resultsin no net change in developable area.
NOTIFICATIONS
Advertised Commission Hearing Date: April 17, 2008
Advertised Council Hearing Dates: May 8, 2008
The following neighborhood organizations that are registered with the City of College
Station’s Neighborhood Services have received a courtesy letter of notification of this
public hearing:
None
Property owner notices mailed: 6
Contacts in support: None
Contacts in opposition: None
Inquiry contacts: None
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Freeway - Harvey Mitchell
Parkway
South Texas A&M University
and Industrial R&D
CU College &
University and A-O
Agricultural Open
Vacant
East Texas A&M University
and Industrial R&D
CU College &
University and A-O
Agricultural Open
Vacant
West Industrial R&D and
Floodplains & Streams A-O Vacant
DEVELOPMENT HISTORY
Annexation: 2002
Zoning: A-O & R-4 in 2006
Final Plat: 2818 Place, 2008
Site development: A multi-family complex is currently under construction
132
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, April 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Harold
Strong, Bill Davis, Derek Dictson, Glenn Schroeder and Noel Bauman
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: David Ruesink
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Crissy
Hartl, Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Josh
Norton, Acting Development Engineer Carol Cotter, City Engineer Alan Gibbs, 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 7:00 p.m.
2. Hear Citizens.
None
3. Public hearing, presentation, possible action, and discussion regarding a rezoning
of 14.15 acres from A-O Agricultural Open and R-4 Multi-Family to A-O
Agricultural Open and R-4 Multi-Family for the property located at 1300 Harvey
Mitchell Parkway, generally located southwest of the intersection of Harvey
Mitchell Parkway and Jones Butler Road. Case #08-00500051 (JP)
Jennifer Prochazka, Senior Planner, presented the Rezoning and recommended
approval.
There was general discussion regarding the Rezoning.
Chairman Nichols opened the public hearing.
133
Natalie Ruiz, IPS Group, stated that the purpose of the rezoning is to finalize the
boundaries between A-O and R-4 so that the green space is adequately protected.
Chairman Nichols closed the public hearing.
Commissioner Sanford motioned to recommend approval of the Rezoning.
Commissioner Davis seconded the motion.
Commissioner Dictson amended the motion to recommend to take the A-O
boundary down to the actual flood plain. Motion failed because of the lack of
a second.
The original motion passed (7-0).
134
ORDINANCE NO.
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 ZONJNG 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 (1 0) 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 8th day of May, 2008
APPROVED:
ATTEST:
City Secretary
APPROVED:
4
MAYOR
135
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 property is rezoned from A-0 Agricultural Open & R-4 Multi-Family to A-0
Agricultural Open and is shown graphically in EXHIBIT "B" and EXHIBIT "C":
METES AND BOUNDS DESCRUTTION
OF A
6.833 ACRE TRACT
CRAWFORD BURNE'IT SURVEY, A-7
COLLEGE STATION, BWS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING
SITUATED IN THE CRAWFORD BURNETT SURVEY, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS
COUNTY, TEXAS. SAID TRACT BEING THE A PORTION OF A CALLED 44 ACRES AS DESCRIBED BY A
DEED TO LINDA SUE GORZYCKI. DIANE ELAINE GORZYCKl HARBOUR ANDDONNAIANELIA GORZY CKI
LIVINGSTON, RECORDED IN VOLW 672. PAGE 404 OF THE OFFICIAL RECORDS OF BRMOS COUNTY,
TEXAS. SAID 44 ACRE TRACT BEINO CALLED THE S0UTWWESTERL.Y PORTION OFTHEREMAINDER OF A
CALLED 146.5 ACRE TRACT AS DESCRIBED BY A DEED TO HARRY GORZYCKI RECORDED IN VOLUME
81 PAGE 186 OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARL.Y DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A PETRlFIED WOOD ROCK FOUND ON THE NORTHEAST LINE OF A TRACT OF LAND
OWNED BY THE TEXAS ALM UNIVERSITY SYSTEM MARKING THEMOST WESTERLY CORNEROF SAID 44
ACRE TRACT AND THE SOUTH CORNER OF A CALLED 4.23 ACRE TRACT AS DESCRIBED BY A DEED TO
LINDA PRESTON-SHEPARD RECORDED IN VOLUME 7043, PAGE 287 OF THE OFFICIAL PUBLIC RECORDS
OF BRAZOS COUNTY. TEXAS;
THENCE.. N 41 50' 29" E ALONG THE COMMON LWE OF SAID 44 ACRE TRACT AND SAID 4.23 ACRE
TRACT FOR A DISTANCE OF 155.94 FEET TO THE POINT OF BEGINMNG OF THlS HEREIN DESCRIBED
TRACT:
THENCE: N 4 1 " 50' 29' E CONI?NUING ALONG THE COMMON LINE OF SAID 44 ACRE TRACT AND SAID
4.23 ACRE TRACT FOR A DISTANCE OF 473.43 FEET TO A 518 INCH IRON ROD SET ON THE SOUTHERLY
LINE OF FM 2818 (VARIABLE WIDTH R0.W.) MARKING THE NORTHWEST CORNER OF THIS HEREIN
DESCRIBED TRACT,
THENCE: ALONG THE SOUTHERLY LINE OF FM 28 18 FOR THE FOLLOWING CALLS:
S 80' 50' 37" E FOR A DISTANCE OF 454.27 FEET TO A 518 INCH IRON ROD SET;
N 81 " 55' 48" E FOR A DISTANCE OF 260.22 FEET TO A POINT, FOR REFERENCE A CONCRETE
RIGHT-OF-WAY MARKER FOUND BEARS: S 45' 51' 04' E FOR A DISTANCE OF 0.26 FEET,
N 83' 38' 42" E FOR A DISTANCE OF 139.82 FEET TO A 518 INCH IRON ROD SET, FOR REFERENCE
A CONCFSTE RIGHT-OF-WAY MARKER FOUND BEARS: S 35" 00' 44" WFOR ADlSTANCE OF0.93
FEET;
S 76" 53' 26" E FOR A DISTANCE OF 83.31 FEET TO A POINT, FOR REFERENCE A CONCRETE
RIGHT-OF-WAY MARKER FOUND BEARS: S 76" 53' 26" E FOR A DISTANCE OF 22.64 FEET
THENCE: THROUGH SAID 44 ACRE TRACT FOR THE FOLLOWING CALLS:
S 34 * 59' 06" W FOR A DISTANCE OF 42.20 FEET TO A POW,
S IS0 21' 26' W FOR A DISTANCE OF 63.36 FEET TO A POINT,
136
ORDINANCE NO. Page 3
S 74' 28' 59" W FOR A DISTANCE OF 44.78 FEET TO A POW,
N 62" 17' 35" W FOR A DISTANCE OF 79.88 FEET TO A POm,
S 74" 56' 19" W FOR A DISTANCE OF 64.55 FEET TO A POINT,
S 50" 55' 12" W FOR A DISTANCE OF 49.41 FEET TO A POINT;
S 20" 56' 48" W FOR A DISTANCE OF 147.53 FEET TO A POINT,
S 00" 57' 19" W FOR A DISTANCE OF 71.89 FEET TO A POMT;
S 19" 02' 03" W FOR A DISTANCE OF 36.75 FEET TO A POINT,
N 66" 39' 17' W FOR A DISTANCE OF 57.44 FEET TO A POINT,
N 42" 00' 04" W FOR A DISTANCE OF 16.12 FEET TO A POINT,
S 77' 50' 04' W FOR A DISTANCE OF 62.54 FEET TO A POW,
N 59" 02' 55" W FOR ADISTANCE OF 20.97 FEET TO A POINT;
N 83" 25' 17" W FOR A DISTANCE OF 3 1.37 FEET TO A POINT,
S 85" 22' 01' W FOR A DISTANCE OF 88.99 FEET TO A POINT,
S 67' 17' 44' W FOR A DISTANCE OF 55.87 FEET TO A POINT;
S 4 1 " 04' 08" W FOR A DISTANCE OF 49.26 FEET TO A POW,
N 77" 12' 07' W FOR A DISTANCE OF 27.04 FEET TO A POINT,
S 83" 39' 46' W FOR A DISTANCE OF 43.42 FEET TO A POINT,
S 59" 56' 37" W FOR A DISTANCE OF'52.63 FEET TO A POW,
N 2 1 " 48' 40" W FOR A DISTANCE OF 58.07 FEET TO A POINT;
N 65" 06' 22" W FOR A DISTANCE OF 37.00FEET TO A POINT,
N 09" 28' 30" W FOR ADISTANCE OF 37.14 FEET TO A POINT,
N 69' 33' 35" W FOR A DISTANCE OF 65.49 FEET TO A POINT;
N 77" 05' 55' W FOR A DISTANCE OF 51.22 FEET TO A POINT,
N 90" 00' 00" W FOR A DISTANCE OF 97.77 FEET TO A POINT;
S 80" 32' 32" W FOR A DISTANCE OF 31.63 FEET TO A POINT,
137
ORDrNANCE NO.
S 47' 37' 00' W FOR A DISTANCE OF 32.39 FEET TO A POW,
S 02' 36' 14" W FOR A DISTANCE OF 22.89 FEET TO A POm,
S 60' 32' 10" W FOR A DISTANCE OF 27.48 FEET TO A POINT;
N 8 1 ' 52' 26" W FOR A DISTANCE OF 5 1.48 FEET TO A POW
N 70' 46' 12" W FOR A DISTANCE OF 61.13 FEET TO THE POINT OF BEGINNING CONTAINING
6.833 ACRES OF LAND AS SURVEYED ON THE GROUND AUGUST, 2006. BEARING SYSTEM
SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
Page 4
The following property is rezoned from A-0 Agricultural Open & R-4 Multi-Family to A-0
Multi-Family and is shown graphically in EXHIBIT "B" as Tract A and in EXHIBIT "C":
138
ORDINANCE NO. Page 5
METES AND BOUNDS DESCRIPTION
OF A
5.966 ACRE TRACT
CRAWFORD BURNETT SURVEY, A-7
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING
SITUATED IN THE CRAWFORD BURNE'lT SURVEY, ABSTRACT NO. 7, COLLEGE STATION, BRAZOS
COUNTY, TEXAS. SAID TRACT BEING THE A PORTION OF A CALLED 43.633 ACRE TRACT AS
DESCRlBED BY A DEED TO BVP 2818 PLACE, LP RECORDED M VOLUME 7943, PAGE 180 OF THE
OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A PETRIFIED WOOD ROCK FOUND ON THENORTHEAST LINE OF A TRACT OFLAND
OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM MARKlNG THE MOST WESTERLY CORNER OF SAID
43.633 ACRE TRACT AND THE SOUTH CORNER OF A CALLED 4.23 ACRE TRACT AS DESCRIBED BY A
DEED TO LMDA PRESTON-SHEPARD RECORDED IN VOLUME 7043, PAGE 287 OF THE OFFICIAL PUBLIC
RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N4l0 50'29" EALONGTHE COMMONLINEOF SA!.D 43.633 ACRE TRACT AND SAID4.23 ACRE
TRACT FOR A DISTANCE OF 276.18 FEET TO THE POINT OF BEGlNNING OF THIS HEREIN DESCRIBED
TRACT;
THENCE: N 4 lo 50' 29" E CONTINUING ALONG THE COMMON LME OF SAID 43.633 ACRE TRACT AND
SAID 4.23 ACRE TRACT FOR A DISTANCE OF 353.19 FEET TO A 518 INCH IRON ROD FOUND ON THE
SOUTHERLY LINE OF FM 2818 (VARIABLE WIDTH R.O.W.) MARKING THE NORTHWEST CORNER OF
THlS HEREIN DESCRIBED TRAW,
THENCE: ALONG THE SOUTHERLY LINE OF FM 2818 FORTHE FOLLOWMG CALLS:
S 80° 50' 37" E FOR A DISTANCE OF 454.27 FEET TO A 518 INCH IRON ROD FOUND:
N 81' 55' 48" E FOR A DISTANCE OF 260.22 FEET TO A POINT, FOR REFERENCE A CONCRETE
RIGHT-OF-WAY MARKER FOUND BEARS: S 45O 5 1' 04" E FOR A DISTANCE OF 0.26 FEET,
N 83'38'42" E FORA DISTANCE OF 139.82 FEETTOA 518 INCH IRON ROD SET, FORREFERENCE
A CONCRETE RIGHT-OF-WAY MARKER FOUND BEARS: S 35O 00' 44" W FOR A DISTANCE OF
0.93 FEET;
S 76' 53' 26" E FOR A DISTANCE OF 38.81 FEET TO A POINT, FOR REFERENCE A CONCRE'IT
RIGHT-OF-WAY MARKER FOUND BEARS: S 76' 53' 26" E FOR A DISTANCE OF 67.14 FEET
THENCE: THROUGH SAID 43.633 ACRE TRACT FOR THE FOLLOWING CALLS:
S 06O 21' 18" E FOR A DISTANCE OF 70.77 FEET TO A POINT,
S 46" 14' 24" W FOR A DISTANCE OF 103.25 FEET TO A POINT;
N 85O 23' 49" W FOR A DISTANCE OF 40.15 FEET TO A POINT;
139
ORDINANCE NO. Page 6
N 67" 55' 56" W FOR A DISTANCE OF 24.87 FEET TO A POINT;
N 36" 53' 00" W FOR A DISTANCE OF 24.17 FEET TO A POMT;
N 52" 42' 34" W FOR A DISTANCE OF 12.76 FEET TO A POINT;
N 8 1 " 28' 24" W FOR A DISTANCE OF 9.44 FEET TO A POINT;
S 87" 50' 09" W FOR A DISTANCE OF 1 1.47 FEET TO A POINT;
s no 54' I 8" w FOR A DISTANCE OF 5.4 I FEET TO A POINT;
S 49" 24' l I" W FOR A DISTANCE OF 42.86 FEET TO A POINT;
S 02" 57' 19" W FOR A DISTANCE OF 39.3 1 FEET TO A POINT;
S 38" 18' 22" W FOR A DISTANCE OF 84.45 FEET TO A POINT;
S 66" 50' 57" W FOR A DISTANCE OF 8.68 FEET TO A POINT;
S 40" 12' 12" W FOR A DISTANCE OF 18.59 FEET TO A POINT;
S 21" 02' 48" W FOR A DISTANCE OF 33.05 FEET TO A POINT,
S 1 1' 14' 12" W FOR A DISTANCE OF 52.52 FEETTO A POMT;
S 69' 3T 20" W FOR A DISTANCE OF 85.97 FEET TO A POINT;
N 20" 22' 40" W FOR A DISTANCE OF 71.63 FEET TO A POINT;
N 04' 47' 16" W FOR A DISTANCE OF 37.56 FEET TO A POINT;
N 19' 05' 04" W FOR A DISTANCE OF 18.73 FEET TO A POINT;
N 87' 50' 33" W FOR A DISTANCE OF 10.91 FEET TO A POINT,
S 78" 28'25" W FOR A DISTANCE OF 6.20 FEET TO A POINT;
S 52O 57' 03" W FOR A DISTANCE OF 93.35 FEET TO A POINT;
S 70" 53' 30" W FOR A DISTANCE OF 18.41 FEET TO A POINT;
S 89O 15' 46" W FOR A DISTANCE OF 123.93 FEET TO A POINT;
S 79" 34' 00" W FOR A DISTANCE OF 29.78 FEET M A POINT;
S 5 1 " 05' 14" W FOR A DISTANCE OF 29.70 FEET TO A POINT;
S 30" 34' 48" W FOR A DISTANCE OF 29.48 FEET TO A POW,
140
ORDINANCE NO.
N 70" 22' 41 " W FOR A DISTANCE OF 80.81 FEET TO A POMT;
N 19O 37' 19" E FOR A DISTANCE OF 17.45 FEET TO A POMT;
N 70' 33' 18" W FOR A DISTANCE OF 230.50 FEET TO A POINT;
S 4 I O 50' 28" W FOR A DISTANCE OF 52.55 FEET TO A POMT;
N 48' 09' 32" W FOR A DISTANCE OF 82.03 FEET TO THE POINT OF BEGINNING CONTAINING
5.966 ACRES OF LAND AS SURVEYED ON THE GROUND AUGUST, 2006. BEARING SYSTEM
SHOWN HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURWYOR No. 4502
Page 7
The following property is rezoned from A-0 Agricultural Open & R-4 Multi-Family to A-0
Agricultural Open and is shown graphically in EXHIBIT "B" and EXHIBIT "C":
141
ORDINANCE NO. Page 8
METES AND BOUNDS DESCRIPTION
OF A
6.175 ACRE TRAm
CRAWFORD BURNETT SURVEY, A-7
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OF LAND LYING AND BEING
SITUATED IN THE CRAWFORD BURNETT SURVEY, ABSTRACT NO. 7, COLLEGE STATION,
BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE A PORTION OF A CALLED 44 ACRES AS
DESCRTBED BY A DEED TO LINDA SUE GORZYCKI, DIANE ELAINE GORZYCKI HARBOUR AND
DONNA LANELLA GORZYCKI LMNGSTON, RECORDED IN VOLUME 672, PAGE 404 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS. SAID 44 ACRE TRACT BEING CALLED THE
SOUTHWESTERLY PORTION OF THE REMAINDER OF A CALLED 146.5 ACRE TRACT AS
DESCRIBED BY A DEED TO HARRY GORZYCKI RECORDED IN VOLUME 81,F'AGE 186 OF THE
DEED RECORDS OF BRAZOS COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A PETRIFIED WOOD ROCK FOUND ON THE NORTHEAST LINE OF A TRACT
OF LAND OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM MARKING THE MOST WESTERLY
CORNER OF SAlD 44 ACRE TRACT AND THE SOUTH CORNEROF A CALLED4.23 ACRE TRACT AS
DESCRIBED BY A DEED TO LINDA PRESTON-SHEPARD RECORDED IN VOLUME 7043, PAGE 287
OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 48" 24' 12" E ALONG THE COMMON LINE OF SAlD 44 ACRE TRACT AND SAID A&M
TRACT FOR A DISTANCE OF 48.39 FEET TO THE POINT OF BEGINNING OF THIS HEREIN
DESCRIBED TRACT;
THENCE: THROUGH SAID 44 ACRE TRACT FOR THE FOLLOWING CALLS:
N 79" 08' 28" E FOR A DISTANCE OF 44.38 FEET TO A POINT;
S 15" 57' 10" E FOR A DISTANCE OF 12.37 FEET TO A POINT;
S 86" 43' 52" E FOR A DISTANCE OF 59.60 FEET TO A POW,
S 70" 21' 18" EFORADlSTANCEOF75.81 FEETTO A POINT;
S 82" 14' 19" E FOR A DISTANCE OF 75.49 FEET TO A POINT;
N 90" 00' 00" E FOR A DISTANCE OF 88.40 FEET TO A POINT;
S 32" 44' 53" E FOR A DISTANCE OF 28.28 FEET TO A POINT,
S 16" 42' 25" W FOR A DISTANCE OF 35.48 FEET TO A POINT,
S 19" 39' 46" EFOR A DISTANCE OF 75.78 FEET TO A POINT;
1
142
ORDINANCE NO. Page 9
S 45" 59' 06" E FOR A DISTANCE OF 70.92 FEET TO A POINT;
S 59" 45' 2 1" E FOR A DISTANCE OF 70.84 FEET TO A POINT;
N 89" 21'24" E FORA DISTANCE OF 151.31 FEET TO A POINT;
N 33" 29' 21" E FOR A DISTANCE OF 126.32 FEET TO A POMT;
N 90" 00' 00" E FOR A DISTANCE OF 13.60 FEET TO A POINT;
S 27" 33' 52" E FOR A DISTANCE OF 44.09 FEET TO A POINT;
S 04" 45' 58" E FOR A DISTANCE OF 20.46 FEET TO A POINT;
S 36" 23' 52" E FOR A DISTANCE OF 40.1 1 FEET TO A POINT;
S 10" 37' 29" E FOR A DISTANCE OF 55.32 FEET TO A POINT;
S 30" 07' 34" E FOR A DISTANCE OF 98.23 FEET TO A POINT,
S 48" 01' 37" E FOR A DISTANCE OF 45.73 FEET TO A POINT;
S 68" 12' 30" E FOR A DISTANCE OF 36.62 FEET TO A POINT;
S 32" 55' 05" E FORA DISTANCE OF 68.82 FEET TO A POINT;
S 50" 39' 43" E FOR A DISTANCE OF 109.90 FEET TO A POINT;
S 22" 56' 32" E FOR A DISTANCE OF 47.97 FEET TO A POINT;
S 04" 1 1' 59" W FOR A DISTANCE OF 185.71 FEET TO A POINT;
S 68" 12' 30' E FOR A DISTANCE OF 45.77 FEET TO A POINT;
N 69" 27' 12" E FOR A DISTANCE OF 29.05 FEET TO A POINT;
N 25" 28' 27" E FOR A DISTANCE OF 39.53 FEET TO A PONT;
S 80" 08' 20" E FOR A DISTANCE OF 39.69 FEET TO A POW,
S 66" 23' 40" E FOR A DISTANCE OF 56.3 1 FEET TO A POINT ON THE COMMON LME OF
SAID 44 ACRE TRACT AND THE REMAIMlER OF A CALLED 134.041 ACRE TRACT AS
DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091,PAGE
243 OF THE OFFJCIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 41" 44' 04" W ALONG THE COMMON LINE OF SAID 44 ACRE TRACT AND SAID
143
ORDINANCE NO. Page 10
'I'KACI U
REMAMDER OF 134.04 1 ACRE TRACT FOR A DISTANCE OF 209.56 FEET TO THE REMAINS OF AN
OLD FENCE POST FOUND ON THE NORTHEAST LINE OF SAID A&M PROPERTY MARKING THE
COMMON CORNER OF SAID 44 ACRE TRACT AND SAID REMAINDER OF 134.04 1 ACRE TRACT.
FOR REFERENCE A CONCRETE MONUMENT FOUND BEARS: S 48" 24' 12" E FORADISTANCEOF
496.23 FEET;
THENCE: N 48 " 24' 12" W ALONG THE COMMON LINE OF SAID 44 ACRE TRACT AND SAIDABUI
PROPERTY FOR A DISTANCE OF 14 13.8 1 FEET TO THE POINT OF BEGINNLNG CONTAIMNG 6.175
ACRES OF LAND AS SURVEYED ON THE GROUND AUGUST, 2006. BEARING SYSTEM SHOWN
HEREIN IS BASED ON GRID NORTH AS ESTABLISHED FROM GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
D:IWORK/MAB/O~-~~~D.MAB
The following property is rezoned from A-0 Agricultural Open & R-4 Multi-Family to R-4
Multi-Family and is shown graphically in EXHIBIT "B" as Tract D and in EXHIBIT "C":
144
ORDINANCE NO. Page 11
IWb1 u-R
METES AND BOUNDS DESCRIPTION
OF A
7.035 ACRE TRACT
CRAWFORD BURNElT SURVEY, A-7
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRlPTlON OF ALL THAT CERTAIN TRACT OF LAND LYING AND
REMG SITUATED IN THE CRAWFORD BURNEIT SURVEY, ABSTRACT NO. 7, COLLEGE
STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING THE A PORTION OF A CALLED 43.633
ACRE TRACT AS DESCRIBED BY A DEED TO BVP 28 18 PLACE, LP RECORDED IN VOLUME 7943,
PAGE 180 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY. TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT A PETRIFIED WOOD ROCK FOUND ON THE NORTHEAST LINE OF A TRACT
OF LAND OWNED BY THE TEXAS A&M UNIVERSITY SYSTEM MARKING THE MOST
WESTERLY CORNER OF SAID 43.633 ACRE TRACT AND THE SOUTH CORNER OF A CALLED
4.23 ACRE TRACT AS DESCRIBED BY A DEED TO LINDA PRESTON-SHEPARD RECORDED M
VOLUME 7043, PAGE 287 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 48' 24' 12" E ALONG THE COMMON LINE OF SAID 43.633 ACRE TRACT AND SAID
A&M TRACT FOR A DISTANCE OF 97.63 FEET TO THE POINT OF BEGIN'NING OF THIS HEREIN
DESCRIBED TRACT;
THENCE: THROUGH SAID 43.633 ACRE TRACT FOR THE FOLLOWING CALLS:
N 41 ' 35' 47" E FOR A DISTANCE OF 37.85 FEET TO A POINT;
S 86' 43' 52" E FOR A DISTANCE OF 44.62 FEET TO A POMT,
S 70' 2 1' 18" E FOR A DISTANCE OF 75.8 1 FEET TO A POINT;
S 82' 14' 19" E FOR A DISTANCE OF 4.46 FEET TO A POINT;
N 41' 35' 48" E FOR A DISTANCE OF 68.00 FEET TO A POINT;
S 48' 24' 13" E FOR A DISTANCE OF 149.82 FEET TO A POINT;
S 19O 39' 46" E FOR A DISTANCE OF 40.21 FEET TO A POINT;
S 4S0 24' 13" E FOR A DISTANCE OF 167.83 FEET TO A POMT,
N 58' 35' 1 1" E FOR A DISTANCE OF 176.34 FEET TO A POINT;
S 3 1" 24' 49" E FOR A DISTANCE OF 39.04 FEET TO A POMT;
145
ORDINANCE NO. Page 12
I nnc. I u-n
S 73" 59' 00 E FOR A DISTANCE OF 112.06 FEET TO A POINT;
S 25' 41' 44" E FOR A DISTANCE OF 220.10 FEET TO A POINT;
S 80" 09' 01" E FOR A DISTANCE OF 92.76 FEET TO A POINT,
S 41" 32' 34" E FOR A DISTANCE OF 59.36 FEET TO A POINT;
S 38' 21' 24" E FOR A DISTANCE OF 103.96 FEET TO A POINT;
S 50" 17' 57" W FOR A DISTANCE OF 42.91 FEET TO A POINT;
S 47' 01' 57" E FOR A DlSTANCE OF 30.47 FEET TO A POINT,
S 29" 48' 42" E FOR A DISTANCE OF 140.76 FEET TO A POMT;
S O8O 38' 3 1" E FOR A DISTANCE OF 92.80 FEET TO A POINT,
S 48' 15' 57" E FOR A DISTANCE OF 41.10 FEET TO A POMTON THE COMMON LINE OF
SAID 43.633 ACRE TRACT AND THE REMAMDER OF A CALLED 134.04 1 ACRE TRACT
AS DESCRIBED BY A DEED TO TLS PROPERTIES, LTD. RECORDED IN VOLUME 3091,
PAGE 243 OF THE OFFICIAL PUBLIC RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: S 4 1" 44' 04" W ALONG THE COMMON LINE OF SAID 43.633 ACRE TRACT AND SAID
REMAINDER OF 134.04 1 ACRE TRACT FOR A DISTANCE OF 14 1.76 FEET TO THE REMAINS OF
AN OLD FENCE POST FOUND ON THE NORTIEAST LME OF SAIDA&M PROPERTY MARKING
THE COMMON CORNER OF SAID 43.633 ACRE TRACT AND SAID REMAWDEROF 134.041 ACRE
TRACT, FOR REFERENCE A CONCRETE MONUMENT FOUND BEARS: S 48" 24' 12" E FOR A
DISTANCE OF 496.23 FEET;
TElENCE: N 48O 24' 12" W ALONG THE COMMON LINE OF SAID 43.633 ACRE TRACT AND SAID
A&M PROPERTY FOR A DISTANCE OF 1364.57 FEET TO THE POINT OF BEGINNING
CONTADKNG 70.35 ACRES OF LAND AS SURVEED ON TEE GROUND AUGUST, 2066.
BEARING SYSTEM SHOWN HEREIN IS BASED ON GRIDNORTH AS ESTABLISHED FROM GPS
OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
146
LEGEND
Q.4 MUTl$AYi.Y RESOENIUL
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148
May 8, 2008
Regular Agenda Item 7
Barron Road Capacity Improvements Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Public Hearing, presentation, possible action, and discussion of the
design of the Barron Road Capacity Improvements Project.
Recommendation(s): Staff recommends approval of the design of the Barron Road
Capacity Improvements Project.
Summary: The Barron Road Capacity Improvements Project design is complete and
ready to proceed with construction. The design will increase the capacity of Barron Road by
increasing the 2 lane rural road to a 4 lane road with a raised median and curb and gutter,
left turn lanes, bike lanes, and sidewalks. The project will be constructed from State
Highway 6 to Decatur.
Budget & Financial Summary: The Streets portion of this project has a budget of
$3,000,000. This includes the design of Barron Road from State Highway 6 to State
Highway 40 (William D. Fitch Parkway) and the construction of Barron Road from State
Highway 6 to Decatur. The construction cost estimate is $2.3 million. Funds in the amount
of $691,173.21 have been expended or committed to date, leaving a balance of
$2,308,826.79.
Attachments:
1. Location Map
149
150
May 8, 2008
Regular Agenda Item 8
Creek Meadows Comprehensive Plan Amendment
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance amending the Comprehensive Plan from Rural Residential to Planned
Development for 293.233 acres located along Greens Prairie Trail generally located between
Greens Prairie Road West and Royder Ridge.
Recommendation(s): The Planning and Zoning Commission voted unanimously to
recommend approval at their April 17th meeting. Staff recommended approval.
Summary:
1. Changed or changing conditions in the subject area or the City: The subject tract
was included in the recent exempt areas annexation that became effective on March 29,
2008. The property began developing in 2006 as Creek Meadows subdivision and the
approved Master Plan shows single-family detached, duplex, commercial, and open
space uses. City Council approved the extension of sewer service to this area in 2005 to
support the proposed uses. The Planned Development designation is being pursued so
that the owner may rezone the property in compliance with his Master Plan and continue
to develop.
2. Compatibility with the remainder of the Comprehensive Plan: The dense, urban
style development is not compatible with the rural residential and large agricultural
development in the area, and with the Rural Residential designation. The City may also
need to look at upgrading the thoroughfare classification of Greens Prairie Road West
and Greens Prairie Trail to accommodate this density.
Budget & Financial Summary: N/A
Attachments:
1. Item Background
2. Draft Planning and Zoning Commission Meeting Minutes, April 17, 2008
3. Ordinance
151
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: April 17, 2008
Advertised Council Hearing Dates: May 8, 2008
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Contacts in support: 0
Contacts in opposition: 0
Inquiry contacts: 1
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Major Collector N/A - thoroughfare Greens Prairie Trail
South Rural Residential N/A (ETJ) Vacant
East Rural Residential A-O, Agricultural
Open and Unzoned Large lot residential
West Major Collector N/A - thoroughfare Royder Ridge
DEVELOPMENT HISTORY
Annexation: March 29, 2008
Zoning: A-O, Agricultural Open
Plat: Master Plan – Creek Meadows Subdivision (2006)
Preliminary Plat – Creek Meadows Subdivision (2006)
Final Plat – Creek Meadows Subdivision, Section 1A and 1B (2007)
Final Plat – Section 4, Phase 1 (2007)
Final Plat – Section 4, Phase 2 (2007)
Site development: Duplex, single-family detached and vacant
152
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, April 17, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Marsha Sanford, Harold
Strong, Bill Davis, Derek Dictson, Glenn Schroeder and Noel Bauman
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: David Ruesink
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Crissy
Hartl, Jason Schubert, Lauren Hovde and Matt Robinson, Graduate Civil Engineer Josh
Norton, Acting Development Engineer Carol Cotter, City Engineer Alan Gibbs, 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 regarding an
amendment to the Comprehensive Land Use Plan from Rural Residential to
Planned Development for 293.233 acres generally located on Greens Prairie Trail
between the intersections of Greens Prairie Trail with Greens Prairie Road West
and Royder Ridge. Case #08-00500057 (LB)
Jennifer Prochazka, Senior Planner, presented the Comprehensive Land Use Plan
Amendment and recommended approval.
Chairman Nichols opened the public hearing.
Rabon Metcalf, RME Consulting Engineers, told the Commission he was
available for questions.
Chairman Nichols closed the public hearing.
Commissioner Dictson motioned to recommend approval of the
Comprehensive Land Use Plan Amendment. Commissioner Schroeder
seconded the motion, motion passed (7-0).
153
ORDINANCE NO.
AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF
COLLEGE STATION, TEXAS, BY AMENDING THE COMPREHENSIVE LAND USE
PLAN, FOR THE AREA GENERALLY LOCATED BETWEEN GREENS PRAJRIE ROAD
WEST AND ROYDER RIDGE, 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:
PART 2:
PART 3:
That the "Comprehensive Plan of the City of College Station" be amended by
amending the "Comprehensive Land Use Plan" as set out in Exhibits "A" and "B",
for the identified area and made a part of this ordinance for all purposes.
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.
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:
City Secretary
APPROVED:
APPROVED:
MAYOR
154
ORDINANCE NO. Page 2
EXHIBIT "A"
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 293.233 acres generally located between Greens Prairie Road West and Royder Ridge is
amended fiom Rural Residential to Planned Development, as shown on the attached Exhibit "B".
The vision for this district is in keeping with the approved Master Plan for Creek Meadows
Subdivision, as shown in Exhibit "C".
155
ORDINANCE NO.
EXHIBIT "B"
Page 3
156
ORDINANCE NO. Page 4
EXHIBIT "C"
157
May 8, 2008
Regular Agenda Item 9
1101 Williams Street – 0.077 Acre Public Utility Easement Abandonment
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public Hearing, presentation, possible action, and discussion approving
an ordinance vacating and abandoning 0.077 acre of public utility easement, which is
located on (College Hills Elementary School) Lot 4 of Christy Subdivision according to the
plat recorded in Volume 213, Page 463 of the Deed Records of Brazos County, Texas, and
8.62 acre Tract described by deed recorded in Volume 204, Page 275 of the Deed Records
of Brazos County, Texas.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: This easement abandonment makes room available for the College Hills
Elementary School expansion. There are no public or private utilities in the subject portion
of easement to be abandoned.
The portion of the 20 foot wide public easement to be abandoned is a 0.077 acre (3364 Sq.
Ft.), which is located on Lot 4 of Christy Subdivision according to the plat recorded in
Volume 213, Page 463, and on 8.62 acre Tract described by deed recorded in Volume 204,
Page 275 of the Deed Records of Brazos County, Texas.
Budget & Financial Summary: N/A
Attachments:
1. Attachment 1 - Vicinity Map
2. Attachment 2 - Location Map
3. Attachment 3 - Ordinance
4. Attachment 4 - Ordinance Exhibit "A"
5. Attachment 5 - Application for Abandonment
158
159
160
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance.doc
ORDINANCE NO. _________________
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.077 ACRE (3364 SQUARE FOOT) PORTION
OF THE TWENTY FOOT (20’) WIDE PUBLIC UTILITY EASEMENT, SAID
PORTION LYING ALONG LOT 4, OF THE CHRISTY SUBDIVISON, ACCORDING
TO THE PLAT RECORDED IN VOLUME 213, PAGE 463 OF THE OFFICIAL
RECORDS OF BRAZOS COUNTY, TEXAS, AND 8.62 ACRE TRACT AS
DESCRIBED BY DEED RECORDED IN VOLUME 204, PAGE 275 OF THE
OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a portion of the twenty foot (20’) wide Public Utility
Easement, said portion lying along Lot 4, of the Christy Subdivision, according to the
plat recorded in Volume 213, Page 463, of the Official Records of Brazos County, Texas,
and 8.62 acre tract as described by Deed recorded in Volume 204, Page 275 of the
Official Records of Brazos County, Texas, as described in Exhibit "A" attached hereto
(such portion hereinafter referred to as the “Easement”); and
WHEREAS, in order for the Easement to be vacated and abandoned by the City Council
of the City of College Station, Texas, the City Council must make certain affirmative
findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Easement
described in Exhibit "A" attached hereto and made a part of this ordinance
for all purposes.
1. Abandonment of the Easement will not result in property that does
not have access to public roadways or utilities.
2. There is no public need or use for the Easement.
3. There is no anticipated future public need or use for the Easement.
4. Abandonment of the Easement will not impact access for all public
utilities to serve current and future customers.
161
ORDINANCE NO. _______________ Page 2
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance.doc
PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated
by the City.
PASSED, ADOPTED and APPROVED this _______ day of _________________, 2008.
APPROVED:
____________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt ______________________________
City Attorney
162
METES AND BOUNDS DESCRIPTION
OF A
0.077 ACRE TRACT
PORTION OF A 20' UTILITY EASEMENT
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN COLLEGE STATION, BRAZOS COUNTY, TEXAS. SAID TRACT BEING APORTION OF A CALLED 20.00 FOOT
WIDE UTILITY EASEMENT AS SHOWN ON THE PLAT OF CHRISTY SUBDIVISION RECORDED IN VOLUME 213, PAGE 463
OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS. SAID PORTION OF EASEMENT LYING PARTLALLY WITHIN LOT
4, CHRISTY SUBDMSION, AS CURRENTLY OWNED BY COLLEGE STATION INDEPENDENT SCHOOLDISTRICT, AND
PARTIALLY WITHIN THE REMAINDER OF A CALLED 8.62 ACRE TRACT AS DESCRIBED BY A DEED TO A&M
CONSOLIDATED SCHOOL DISTRICT RECORDED IN VOLUME 204, PAGE 275 OF THE DEED RECORDS OF BRAZOS
COUNTY, TEXAS.
SAID TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGJNNING AT A 112 INCH IRON ROD FOUND ON THE SOUTHERLY LINE OF SAID REMAINDER OF 8.62 ACRE TRACT
MARIUNG THE NORTHEAST CORNER OF SAID LOT 4 AND THE NORTHWEST CORMER OF LOT 3, CHRISTY SUBDMSION;
THENCE: S 10" 09' 57" W ALONG THE COMMON LINE OF SAID LOTS 3 AND 4 FOR ADISTANCE OF 1 1.02 FEET TO A POINT
ON THE SOUTHERLY LME OF SAID UTILITY EASEMENT, FOR REFERENCE A 318 INCH IRON ROD FOUND ON THE NORTH
LINE OF GILCHRIST AVENUE MARKING THE COMMON CORNER OF SAID LOTS 3 AND 4 BEARS: S 10" 09' 57" W FOR A
DISTANCE OF 155.50 FEET;
THENCE: THROUGH SAD LOT 4 AND ALONG THE SOUTHERLY LINES OF SAID EASEMENT FOR THE FOLLOWING
CALLS:
S 75" 21' 59" W FOR A DISTANCE OF 65.95 FEET TO A POINT;
S 40" 13' 54" W FOR A DISTANCE OF 92.48 FEET TO A POINT ON THE COMMON LINE OF SAID LOT4 AND SAID
REh4AINDER OF 8.62 ACRE TRACT;
THENCE: N 49' 46' 06" W ALONG THE COMMON LINE OF SAID LOT 4 AND SAID REMATNDER OF 8.62 ACRE TRACT, AT
10.00 FEETPASS THE WEST CORNER OF SAID LOT 4, CONTINUE ON THROUGH SAID REMAINDER OF 8.62 ACRE TRACT
FOR A TOTAL DISTANCE OF 20.00 FEET TO A POINT;
THENCE: THROUGH SAJD REMAINDER OF 8.62 ACRE TRACT AND ALONG TJE NORTHERLY LINE OF SAID EASEMENT
FOR THE FOLLOWING CALLS:
N 40° 13' 54" E FOR A DISTANCE OF 98.81 FEET TO A POINT;
N 75' 21' 59" E FOR A DISTANCE OF 76.90 FEET TO A POINT;
THENCE: S 14" 38' 01" E CONTrNUTNG THROUGH SAID REMAMDER OF 8.62 ACRE TRACT AND THROUGH SAID
EASEMENT FOR A DISTANCE OF 10.00 FEET TO THE POINT OF BEGINNING CONTAINING 0.077 OF AN ACRE OF LAND,
MORE OR LESS, AS SURVEYED ON THE GROUND AUGUST 2007. SEE PLAT PREPARED MARCH 2008 FOR MORE
DESCRIPTIVE INFORMATION. BEARING SYSTEM SHOWN HEREIN IS BASED ON GRDD NORTH AS ESTABLISHED FROM
GPS OBSERVATION.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
D:fWO~/08- 106.MAB
163
A&M CONSOLIDATED INDEPENDENT S 1 4'38'01 " E
SCHOOL DISTRICT
SCALE: 1" = 30'
VOLUME 213, PAGE 463
UTILITIES LOCATED
SEE METES AND BOUNDS PREPARED MARCH 2008
FOR MORE DESCRIPTIVE INFORMATION.
LESLIE JAMES DENTON
7869/189 LOT 4
CHRISTY SUBDIVISION
PLAT 21 3/463
COLLEGE STATION
INDEPENDENT SCHOOL
DISTRICT
164
165
May 8, 2008
Regular Agenda Item 10
1101 Williams Street – 0.3978 Acre Public Sanitary Easement Abandonment
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public Hearing, presentation, possible action, and discussion approving
an ordinance vacating and abandoning 0.3978 acre of public sanitary sewer easement,
which is located on 8.572 Acre Tract as described in Deed recorded in Volume 204, Page
198 of the Deed Records of Brazos County, Texas, and on 8.62 Acre Tract as described in
Deed recorded in Volume 204, Page 275 of the Deed Records of Brazos County, Texas.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: This easement abandonment makes room available for the College Hills
Elementary School expansion. The subject easement abandonment is contingent on
CSISD completing the utility relocation and dedicating the associated replacement public
utility easement.
There is currently an active public sanitary line in this portion easement to be abandoned,
however a temporary blanket easement has been dedicated on the tract and CSISD has
begun constructing a re-routed alignment of this sanitary line. The re-alignment
construction is anticipated to be completed shortly, and a CSISD will subsequently dedicate
the re-aligned public utility easement.
The portion of the easement to be abandoned is a 0.3978 acre (17,326 Sq. Ft.), which is
located on 8.572 Acre Tract as described in Deed recorded in Volume 204, Page 198 of the
Deed Records of Brazos County, Texas, and on 8.62 Acre Tract as described in Deed
recorded in Volume 204, Page 275 of the Deed Records of Brazos County, Texas.
Budget & Financial Summary: N/A
Attachments:
1. Attachment 1 - Vicinity Map
2. Attachment 2 - Location Map
3. Attachment 3 - Ordinance
4. Attachment 4 - Ordinance Exhibit "A"
5. Attachment 5 - Application for Abandonment
166
167
168
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance revised.doc
ORDINANCE NO. _________________
AN ORDINANCE MAKING CERTAIN AFFIRMATIVE FINDINGS AND
VACATING AND ABANDONING A 0.3978 ACRE (17,326 SQUARE FOOT)
PORTION OF THE FIFTEEN FOOT (15’) WIDE PUBLIC SANITARY EASEMENT,
SAID PORTION LYING ON 8.572 ACRE TRACT AS DESCRIBED BY DEED
RECORDED IN VOLUME 204, PAGE 198 OF THE OFFICIAL RECORDS OF
BRAZOS COUNTY, TEXAS, AND ON 8.62 ACRE TRACT AS DESCRIBED BY
DEED RECORDED IN VOLUME 204, PAGE 275 OF THE OFFICIAL RECORDS OF
BRAZOS COUNTY, TEXAS.
WHEREAS, the City of College Station, Texas, has received an application for the
vacation and abandonment of a portion of the fifteen foot (15’) wide Public Sanitary
Easement, said portion lying on 8.572 acre tract as described by Deed recorded in
Volume 204, Page 198, of the Official Records of Brazos County, Texas, and on 8.62
acre tract as described in Deed recorded in Volume 204, Page 275, of the Official
Records of Brazos County, Texas, as described in Exhibit "A" attached hereto (such
portion hereinafter referred to as the “Easement”); and
WHEREAS, in order for the Easement to be vacated and abandoned by the City Council
of the City of College Station, Texas, the City Council must make certain affirmative
findings; now therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS:
PART 1: That after opening and closing a public hearing, the City Council finds the
following pertaining to the vacating and abandoning of the Easement
described in Exhibit "A" attached hereto and made a part of this ordinance
for all purposes.
1. Abandonment of the Easement will not result in property that does
not have access to public roadways or utilities.
2. There is no public need or use for the Easement.
3. There is no anticipated future public need or use for the Easement.
4. Abandonment of the Easement will not impact access for all public
utilities to serve current and future customers.
PART 2: That the Easement as described in Exhibit “A” be abandoned and vacated
by the City.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, a 0.3978 acre portion of a fifteen foot (15’) wide Public Sanitary
Easement, said portion lying on 8.572 Acre Tract as described by Deed recorded in
169
ORDINANCE NO. __________________ Page 2
C:\DOCUME~1\tmcnutt\LOCALS~1\Temp\Ordinance revised.doc
Volume 204, Page 198, of the Official Records of Brazos County, Texas, and on 8.62
Acre Tract as described by Deed recorded in Volume 204, Page 275, of the Official
Records of Brazos County, Texas, as described in Exhibit “A” attached hereto, be
abandoned and vacated only upon completion of the following conditions:
1. Applicant shall remove and relocate the existing public sewer main
within the Easement and there be no other infrastructure in this
Easement. Applicant shall design and construct a replacement
public sewer main meeting all applicable City standards. If said
improvements are not completed and accepted by the City, the
abandonment shall be null and void and have no further force or
effect.
2. Applicant shall provide to the City by dedication deed on a form
prepared by City or by plat a fifteen foot (15’) wide public utility
easement for the relocated sewer line. If the said public utility
easement is not dedicated and accepted by the City, the
abandonment shall be null and void and have no further force or
effect.
PASSED, ADOPTED and APPROVED this _______ day of _________________, 2008.
APPROVED:
____________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt ______________________________
City Attorney
170
EASEMENT NO. 3
METES AND BOUNDS DESCRIPTION
OF A
PUBLIC UTILITY EASEMENT
COLLEGE HILLS ELEMENTARY SCHOOL
RICHARD CARTER LEAGUE, A-8
COLLEGE STATION, BRAZOS COUNTY, TEXAS
METES AND BOUNDS DESCRIPTION OF A PUBLIC UTILITY EASEMENT BEING A
PORTION OF A TRACT OF LAND CALLED 8.572 ACRES DESCRIBED AS FIRST TUCT
AND SECOND TRACT BY A DEED FROM JACK JACKSON TO A & M CONSOLIDATED
SCHOOL DISTRICT RECORDED IN VOLUME 204, PAGE 198 OF THE DEED RECORDS
OF BRAZOS COUNTY, TEXAS, AND A PORTION OF A REMAINDER OF A CALLED
8.62 ACRE TRACT AS DESCRIBED BY A DEED FROM DONALD CHRISTY AND WIFE,
HELEN SHEDD CHRISTY TO A & M CONSOLIDATED INDEPENDENT SCHOOL
DISTRICT RECORDED IN VOLUME 204, PAGE 275 OF THE DEED RECORDS OF
BRAZOS COUNTY, TEXAS, SAID TRACTS BEING KNOWN AS COLLEGE HILLS
EJXMENTARY SCHOOL.
SAID PUBLIC UTILITY EASEMENT BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS:
COMMENCING AT A 318 INCH IRON ROD FOUND ON THE SOUTHEAST RIGHT-OF-
WAY LINE OF FRANCIS DRIVE (50' R0.W.) MARKING THE WEST CORNER OF SAID
SCHOOL TRACT AND THE NORTH CORNER OF COLLEGE HILLS ESTATES, SECTION
THREE, ACCORDING TO THE PLAT RECORDED IN VOLUME 100, PAGE 161 OF THE
DEED RECORDS OF BRAZOS COUNTY, TEXAS;
THENCE: N 48" 22' 17" E ALONG THE SOUTHEAST LINE OF FUNCIS DRNE FOR A
DISTANCE OF 146.46 FEET TO A 518 INCH IRON ROD FOUND MARKING AN ANGLE
POINT IN SAID LINE;
THENCE: N 61 " 34' 17" E CONTINUING ALONG THE SOUTHEAST LINE OF FRANCIS
DRIVE FOR A DISTANCE OF 66.4 FEET TO THE POINT OF BEGINNING OF THIS
HEREIN DESCRIBED EASEMENT;
THENCE: THROUGH SAID SCHOOL TRACTS FOR THE FOLLOWING CALLS:
S 60" 53' 3 1" E FOR A DISTANCE OF 524.92 FEET TO A POINT;
S 50" 03' 46" E FOR A DISTANCE OF 128.89 FEET TO A POINT;
S 8 1 " 03' 50" E FOR A DISTANCE OF 73.80 FEET TO A POINT;
171
EASEMENT NO. 3
S 30" 57' 24" E FOR A DISTANCE OF 252.31 FEET TO A POINT;
S 64" 29' 30" E FOR A DISTANCE OF 271.25 FEET TO A POINT;
S 36" 55' 32" E FOR A DISTANCE OF 194.07 FEET TO A POINT ON THE COMMON
LINE OF SAID SCHOOL TRACTS AND CHRISTY SUBDIVISION, ACCORDING TO
THE PLAT RECORDED IN VOLUME 213, PAGE 463 OF THE DEED RECORDS OF
BRAZOS COUNTY, TEXAS;
THENCE: S 75 " 38' 15" W ALONG SAID COMMON LIME FOR A DISTANCE OF 12.97 FEET
TO A POINT;
THENCE: THROUGH SAID SCHOOL TRACT FOR THE FOLLOWING CALLS:
N 36" 55' 32" W FOR A DISTANCE OF 186.21 FEET TO A POINT;
N 64" 29' 30" W FOR A DISTANCE OF 27 1.92 FEET TO A POINT;
N 30" 57' 24" W FOR A DISTANCE OF 250.3 1 FEET TO A POINT;
N 8 1 " 03' 50" W FOR A DISTANCE OF 7 1.52 FEET TO A POINT;
N 50" 03' 46" W FOR A DISTANCE OF 13 1.08 FEET TO A POINT;
N 60" 53' 3 1" W FOR A DISTANCE OF 53 1.42 FEET TO A POINT ON THE
SOUTHEAST LINE OF FRANCIS DRIVE;
THENCE: N 61" 34' 17" E ALONG THE SOUTHEAST LINE OF FRANCIS DRIVE FOR A
DISTANCE OF 14.22 FEET TO THE POINT OF BEGINNING CONTAINING 0.3978 OF AN
ACRE (17,326 SQUARE FEET) OF LAND AS SURVEYED ON THE GROUND DECEMBER,
1 997. FOR MORE DESCRIPTIVE INFORMATION SEE PLAT PREPARED DECEME3ER, 1997.
BEARING ORIENTATION SHOWN HEREIN IS BASED ON GRID NORTH AS
ESTABLISHED FROM CITY OF COLLEGE STATION GPS MOWS.
BRAD KERR
REGISTERED PROFESSIONAL
LAND SURVEYOR No. 4502
172
173
174