HomeMy WebLinkAbout05/22/2008 - Regular Agenda Packet - City CouncilMayor Councilmembers
Ben White John Crompton
James Massey
Dennis Maloney
Lynn McIlhaney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Agenda
College Station City Council
Regular Meeting
Thursday, May 22, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the
posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary.
This form should be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks
to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to
conclude your remarks. The City Council will receive the information, ask staff to look into the
matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the
City Manager.
ON BEHALF OF THE CITIZENS OF COLLEGE 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 on minutes for City Council Workshop and Regular
Meeting, May 8, 2008.
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Thursday, May 22, 2008
b. Presentation, possible action and discussion for a memorandum of understanding regarding each
party’s communication capabilities during emergencies by permitting access to the City’s 800mhz
band radio communication system and the City’s paging system.
c. Presentation, possible action, and discussion regarding approval of an amendment to the Update
and Support Agreement and License Agreement with Azteca Systems, Inc. approved by Council on
December 9, 1999 which amends the covered products.
d. Presentation, possible action and discussion of an agreement between the City and Phi-ton
Investments for the development of Eagle Avenue in the Dove Crossing development.
e. Presentation, possible action, and discussion regarding a resolution authorizing the Director of
Electric Utilities to be the signatory authority for all standard form agreement documents related to
the Electric Reliability Council of Texas (ERCOT).
f. Presentation, discussion, and possible action on revisions to the City’s Homebuyer Down-
Payment Assistance Program (DAP) Guidelines.
g. Presentation, discussion and possible action on an Interlocal Agreement between the City of
College Station and City of Bryan for On-Line Bidding Services.
h. Presentation, discussion and possible action on the renewal agreement with Badger Meter, Inc. for
the annual purchase of water meters to be maintained in inventory, Bid No. 07-74, for an annual
expenditure of $131,880.00.
i. Presentation, possible action, and discussion approving a resolution authorizing a License
Agreement with MATTHEW MOORE pertaining to the encroachment of a portion of a structure
located at Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station, Texas, according
to the plat recorded in Volume 5838, Page 177 of the Official Records of Brazos County, Texas,
into easement area.
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The
Mayor will recognize you to come forward to speak for or against the item. The speaker will state
their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to
signal thirty seconds remaining for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register
with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor
will recognize individuals who wish to come forward to speak for or against the item. The speaker
will state their name and address for the record and allowed three minutes. A timer alarm will sound at
2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is
closed, there shall be no additional public comments. If Council needs additional information from the
general public, some limited comments may be allowed at the discretion of the Mayor.
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Thursday, May 22, 2008
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 regarding a rezoning of 130.81
acres from A-O Agricultural-Open to 38.73 acres A-OR Agricultural-Open, Residential and
92.08 acres R-1B Single Family Residential for the property located at 3998 Rock Prairie Road
West, Generally located at Rock Prairie Road West and Great Oaks Drive.
2. Public hearing, presentation, possible action, and discussion on an ordinance amending the
Land Use Plan element of the Comprehensive Plan from Industrial / R&D to Residential
Attached for 6.2 acres located at 1250 Harvey Mitchell Parkway generally located at the
southwest corner of the intersection of Harvey Mitchell Parkway and Luther Street West.
3. Public hearing, presentation, possible action, and discussion regarding a rezoning of 71.09
acres from A-O Agricultural-Open to R-1 Single Family Residential for the property located at
450 William D. Fitch Parkway, generally located southwest of the intersection of Barron Road
and William D. Fitch Parkway.
4. Public Hearing, presentation, possible action and discussion concerning approval to advertise
the College Main Sidewalks Project for construction bids.
5. Public Hearing, possible action, and discussion on an ordinance Budget Amendment #2
amending ordinance number 2999 which will amend the budget for the 2007-2008 Fiscal Year
and authorizing amended expenditures in the amount of $8,003,706; and presentation, possible
action and discussion on budget transfers between departments and approval of a contingency
transfer.
6. Presentation, possible action, and discussion regarding the first reading of an ordinance
amending the current gas franchise with Atmos Energy Corporation to increase the franchise
fee from four percent (4%) to five percent (5%).
7. 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 CS located near the intersection of Jones Butler Road and Dowling Road.
8. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will
be held.
APPROVED:
________________________________
City Manager
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Thursday, May 22, 2008
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 22, 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 19th 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 19, 2008 at 2:30 pm and
remained so posted continuously for at least 72 hours proceeding the scheduled time of said meeting.
This public notice was removed from the official posting board at the College Station City Hall on the
following date and time: __________________________ by ________________________.
Dated this _____day of ________________, 2008.
By______________________________________
Subscribed and sworn to before me on this the _____day of ________________, 2008.
______________________________
Notary Public – Brazos County, Texas My commission expires: ___________
The building is wheelchair accessible. Handicap parking spaces are available. Any request for sign
interpretive service must be made 48 hours before the meeting. To make arrangements call (979) 764-
3517 or (TDD) 1-800-735-2989. Agendas may be viewed on www.cstx.gov . Council meetings are
broadcast live on Cable Access Channel 19.
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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 Workshop Meeting
Thursday, May 8, 2008 at 3:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor White, Mayor Pro Tem Gay, Council members Crompton,
Ruesink, Scotti, Massey, McIlhaney
STAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Deputy City
Secretary McNutt, Management Team
Mayor White called meeting to order at 3:00 p.m.
Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the
consent agenda.
Council member McIlhaney inquired about the language in the resolution Consent Agenda Item 2c related
to wording of public involvement in roadways capital improvement project.
Council member Ruesink inquired about the Consent Agenda Item 2e, 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.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion relating to receiving
the annual audit reports and Comprehensive Annual Financial Report (CAFR) for the fiscal year
ended September 30, 2007.
Introduced by Jeff Kersten, Chief Financial Officer.
Tom Wallis of Ingram Wallis & Co. presented a brief overview of the finding and results of the fiscal year
2007 audit. Mr. Wallis also spoke about the 2007 CAFR.
A motion was made by Mayor Pro Tem Gay to accept the 2007 Audit report and the CAFR. Seconded by
Council member McIlhaney which carried 7-0.
FOR: Mayor White, Gay, Massey, Scotti, Crompton, Ruesink and McIlhaney
AGAINST: None
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Traditional Values, Progressive Thinking
In the Research Valley
Workshop Agenda Item No. 3 -- Presentation and discussion on the performance, progress and
future plans of the Bryan/College Station Convention and Visitors Bureau (B/CSCVB).
Introduced by David Gwin, Director of Economic and Community Development.
Mr. Barry Biggar, CVB Executive Director presented an overview of the performance, progress and
future plans of the Bryan/College Station Convention and Visitors Bureau. He thanked the current board
members and city staff for all their efforts toward a successful year. Steven Moore, College Station
representative on the Board, was present in the audience.
No formal action was taken.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding current
status of the Brazos Valley Wide Area Communications System and development of the governance
agreement.
IT Director Ben Roper presented an overview of the Brazos Valley Wide Area Communications Systems,
the development of the InterLocal Agreement, its effect on the City’s radio system replacement and the
City of College Station participation level is 35.74.
Council discussed the Governing Board Composition.
No formal action was taken.
Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion regarding possible
items to be discussed at the City Council’s annual summer retreat.
City Manager Glenn Brown presented the dates scheduled for the annual Council Strategic Planning
Retreat. The sessions will be held on June 30 and July 1, 2008 at the Marriott Conference Center in Sugar
Land, Texas. Council concurred.
No formal action was taken.
Workshop Agenda Item No. 6 -- Council Calendar.
May 10 City General Election
May 12-15 BCS Chamber of Commerce Annual Washington DC Trip
May 13 2008 Hospitality Celebration, 12:00 pm
May 14 Law Enforcement Memorial Service, 12:00 pm
May 19 Canvass of Election, 9:00 am
May 19 IGC Meeting at BVCOG, 12:00 pm
May 20 Council Transportation Committee Meeting, 4:30 pm
May 20 CPAC Meeting, CS Conference Center, 6:00 pm
May 22 Council Workshop/Regular Meeting 3:00 pm and 7:00 pm
Workshop Agenda Item No. 7 -- Presentation, possible action, and discussion on future agenda
items: A Council Member may inquire about a subject for which notice has not been given. A
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Traditional Values, Progressive Thinking
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statement of specific factual information or the recitation of existing policy may be given. Any
deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent
meeting.
No items were suggested by Council.
Workshop Agenda Item No. 8 -- Discussion, review and possible action regarding the following
meetings: Arts Council Subcommittee of the Council, Audit Committee, Brazos County Health
Dept., Brazos Valley Council of Governments, Cemetery Committee, Design Review Board,
Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee,
Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning Organization,
National League of Cities, Outside Agency Funding Review, Parks and Recreation Board, Planning
and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley
Partnership, Regional Transportation Committee for Council of Governments, Texas Municipal
League, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF
Board, Zoning Board of Adjustments (Notice of Agendas posted on City Hall bulletin board).
Council member Ruesink mentioned the ongoing activities of Sister Cities Association.
Workshop Agenda Item No. 9 -- Executive Session will immediately follow the workshop meeting in
the Administrative Conference Room.
Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek
advice from its attorney regarding a pending and contemplated litigation subject or settlement offer or
attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a
litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the
City Council may need information from its attorney as to the status of a pending or contemplated
litigation subject or settlement offer or attorney-client privileged information. After executive session
discussion, any final action or vote taken will be in public. The following subject(s) may be discussed:
a. Application with TCEQ in Westside/Highway 60 area, near Brushy Water Supply Corporation.
b. Civil Action No. H-04-4558, U.S. District Court, Southern District of Texas, Houston Division,
College Station v. U.S. Dept. of Agriculture, etc., and Wellborn Special Utility District.
c. Cause No. GN-502012, Travis County, TMPA v. PUC (College Station filed Intervention 7/6/05)
d. Sewer CCN request.
e. Legal aspects of Water Well and possible purchase of or lease of another water site.
f. Civil Action No. H-04-3876, U.S. District Court, Southern District of Texas, Houston Division,
JK Development v. College Station.
g. Cause No. 06-002318-CV-272, 272nd Judicial District Court, Brazos County, Texas, Taylor
Kingsley v. City of College Station, Texas and Does 1 through 10, inclusive.
h. Cause No. 485-CC, County Court at Law No. 1, Brazos County, Texas, City of College Station v.
David Allen Weber, et al.
i. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
j. Cause No. 07-001241-CV-361, 361st Judicial District Court, Brazos County, Texas
Gregory A. & Agnes A. Ricks v. City of College Station
k. Water CCN request
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l. Legal issues and advice on Brazos Valley Solid Waste Management Agency Contract, on
proposed Methane Gas Contract, on proposed Franchise with City of Bryan for B.T.U. Electric, on
proposed easement and pole use for College Station electric line, and update on legal proceedings
for Grimes County Landfill site and on contract for site acquisitions.
Real Estate {Gov’t Code Section 551.072}; The City Council may deliberate the purchase, exchange,
lease or value of real property if deliberation in an open meeting would have a detrimental effect on the
position of the City in negotiations with a third person. After executive session discussion, any final
action or vote taken will be in public. The following subject(s) may be discussed:
a. Property Acquisition in the Northern Portion of Northgate
Economic Incentive Negotiations {Gov’t Code Section 551.087}; possible action The City Council may
deliberate on commercial or financial information that the City Council has received from a business
prospect that the City Council seeks to have locate, stay or expand in or near the city with which the City
Council in conducting economic development negotiations may deliberate on an offer of financial or other
incentives for a business prospect. After executive session discussion, any final action or vote taken will
be in public. The following subject(s) may be discussed:
a. Hotel and Conference Center
Workshop Agenda Item No. 10 -- Action on executive session, or any workshop agenda item not
completed or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting
if necessary.
No formal action was taken.
Workshop Agenda Item No. 11 -- Adjourn.
The workshop meeting adjourned at the same time as the regular meeting.
PASSED and APPROVED, this 22nd day of May, 2008.
APPROVED:
_______________________________
Mayor Ben White
ATTEST
__________________________________
City Secretary Connie Hooks
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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, May 08, 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, McIlhaney, Massey, Scotti, and Ruesink
STAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Deputy
City Secretary McNutt, Management Team
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation Hear visitors.
Mayor White called the meeting to order at 7:00 p.m. Mayor White led the audience in the Pledge of
Allegiance. David Gwin provided the invocation.
Hear Visitors
Mike Luther of 614 Welsh Ave expressed concerns about an article he read in a technology magazine
which mandates on companies to inquire about customer identities.
Kamal Rahman, 2905 Oakbrook Court, thanked the Council and City staff for assisting with the
installation of Cricket fields in the community.
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. Approval of minutes for City Council regular meeting, April 24, 2008.
b. Approval amending the City Internal Auditor’s annual audit plan.
c. Approval of Resolution No. 2-28-08-2c for public involvement in roadway capital improvement
projects with change in language as recommended by staff.
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Thursday, May 8, 2008
d. Approval of a Reciprocal Right-of-Way and Access Easement Agreement with Crescent Pointe,
Ltd. and the Texas A&M System.
e. Approval of Resolution No. 5-8-08-2e 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. Approval of Resolution No. 5-8-08-2f of the City Council of College Station, Texas, regarding 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. Approval of Resolution No. 5-8-08-2g concerning equipment expenditures in the amount of
$115,996 for the Communications Trailer and a Radio Control Assembly for the Remotec Bomb
Robot.
h. : Approval of Resolution No. 5-8-08-2h relating to redistribution of Homeland Security Funds
from the Live Scan project to the TDEx Implementation Project in the amount of $9,718.03.
i. Approval of Resolution No. 5-8-08-2i regarding the 2006 Grant Adjustment Notice dated April 9,
2008, closing out the 2006 State Homeland Security Program Grant.
j. Approval of 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. Approval of 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. Approval of 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.
A motion was made by Council member McIlhaney to approve Consent Agenda Items 2a-2l with the
change in item 2c part 4 to say multi-modal transportation and seconded by Mayor Pro Tem Gay
which carried 7-0.
FOR: Mayor White, Gay, McIlhaney, Ruesink, Scotti, Massey and Crompton
AGAINST: None
Regular Agenda Item No. 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.
Item removed from the agenda by applicant.
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Thursday, May 8, 2008
Regular Agenda Item No. 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.
Introduced by Bob Cowell, AICP, Director of Planning & Development Services.
Jennifer Prochazka, Senior Planner presented Council an overview to amend the Comprehensive Land
Use Plan on 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. Staff
recommended denial due to compatibility of single family residential on the adjacent tracts.
Mike Gentry, representing the applicant came forward to support the project and answer questions of
Council.
Mayor White opened the public hearing.
Amanda Dotson, 3708 Bridle Trails, from the Neighborhood HOA expressed concerns about increased
traffic in the area. She spoke in favor of the agreement with developer and supported the request.
J. Meredith Wilson, 3713 Bridle Ct., concurred with the recommendations of staff .
Mayor White closed the public hearing.
A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3066 amending the
Comprehensive Land Use Plan on 14.15 acres located at 3690 and 3695 Longmire Drive. Seconded by
Council member Scotti which carried 7-0.
FOR: Mayor White, Mayor Pro Tem Gay, Massey, McIlhaney, Ruesink, Scotti, Crompton
AGAINST: None
Regular Agenda Item No. 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.
Introduced by Bob Cowell, AICP, Director of Planning & Development Services.
Jason Schubert, Staff Planner presented a brief overview on amending the Comprehensive Land Use
Plan on 3 acres located at 3072 Rock Prairie Road West, which is generally located west of the
intersection of Rock Prairie Road West and Wellborn Road. Staff recommended approval due the
conditions and compatibility on changing from a Single-Family Residential Medium Density to Single-
Family Residential High Density.
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Mayor White opened the public hearing. Developer Wallace Phillips came forward to answer
questions of the Council. Mayor White closed the public hearing.
A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3067 amending the
Comprehensive Land Use Plan on 3 acres located at 3072 Rock Prairie Road West. Seconded by
Council member McIlhaney which carried 7-0.
FOR: Mayor White, Mayor Pro Tem Gay, McIlhaney, Massey, Crompton, Scotti and Ruesink
AGAINST: None
Regular Agenda Item No. 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.
Introduced by Bob Cowell, AICP, Director of Planning & Development Services.
Jason Schubert, Staff Planner presented the Council an overview of a rezone on 13.44 acres from A-O,
Agricultural Open to R-#, Townhomes for the property located at 2950 and 3072 Rock Prairie Road
West, which are generally located west of the intersection of Rock Prairie road. Staff recommended
approval of the rezoning.
Mayor White opened the public hearing. No one spoke. Mayor White closed public hearing.
A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3068 to rezone property
located at 2950 and 3072 Rock Prairie Road West and seconded by Council member Scotti which
carried 7-0.
FOR: Mayor White, Mayor Pro Tem Gay, Crompton, Ruesink, Massey, Scotti and McIlhaney
AGAINST: None
Regular Agenda Item No. 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.
Introduced by Bob Cowell, AICP, Director of Planning & Development Services.
Lindsey Boyer, Staff Planner presented a brief overview of a rezone on 10.434 acres from A-O,
Agricultural Open to R-#, Townhomes for the property located at 3180 Cain Road, which is generally
located southwest of the intersection of Cain Road and Jones Butler Road. Staff recommended
approval of the rezoning.
Mayor White opened the public hearing. Mr. Lightsey, property owner and developer, was available
for questions. Mayor White closed the public hearing.
A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3069 to rezone property
located at 3180 Cain Road and seconded by Council member McIlhaney which carried 7-0.
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Thursday, May 8, 2008
FOR: Mayor White, Mayor Pro Tem Gay, Scotti, McIlhaney, Massey, Ruesink and Crompton
AGAINST: None
Regular Agenda Item No. 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.
Introduced by Bob Cowell, AICP, Director of Planning & Development Services.
Jennifer Prochazka, Senior Planner presented the staff report. Staff recommended approval to further
protect the existing floodplain from development and because this does not affect the developable area.
Natalie Ruiz, representing the applicant, requested this issue be resolved.
Mayor White opened the public hearing.
Veronica Morgan, engineer with Mitchell and Morgan, Inc. spoke about the floodplain development
and elaborated on comments made by Ms. Ruiz.
Mayor White closed the public hearing.
Alan Gibbs, City Engineer noted that the subject of floodplains will be brought back to Council as an
amendment following meetings with Comprehensive Plan Committee.
Director of Planning & Development Services Bob Cowell clarified to Council that there will be no
changes in their recommendation for approval.
A motion was made by Council member McIlhaney to approve Ordinance No. 3070 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. to rezone 1300 Harvey Mitchell Parkway. Seconded
by Council member Massey which carried 6-1.
FOR: Mayor White, Mayor Pro Tem Gay, Massey, McIlhaney, Crompton and Ruesink
AGAINST: Scotti
A motion was made by Council member Scotti to reconsider the rezoning request to modify the
language to incorporate floodplain changes. The motion was seconded by Mayor Pro Tem Gay.
Motion failed, 7-0.
FOR: None
AGAINST: Mayor White, Mayor Pro Tem Gay, Scotti, McIlhaney, Ruesink, Massey and Crompton
This item would return on a future agenda following discussions by CPAC on floodplain policy.
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Thursday, May 8, 2008
Regular Agenda Item No. 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.
Director of Capital Projects Chuck Gilman presented Council a description of the design for the Barron
Road Capacity Improvements Project. He requested Council’s approval to move forward with the bid
process.
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 the designs for the Barron Road Capacity
Improvements Project and to move forward with bids. Seconded by Council member Scotti which
carried 7-0.
FOR: Mayor White, Mayor Pro Tem Gay, Scotti, McIlhaney, Ruesink, Massey and Crompton
AGAINST: None
Regular Agenda Item No. 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.
Introduced by Bob Cowell, AICP, Director of Planning & Development Services.
Staff Planner Lindsey Boyer presented the staff report. Staff recommended approval of the ordinance
amending the Comprehensive Plan because it complies with the conditions and compatibility of the
Comp Plan.
The developer, Raymond Metcalf came forward to answer questions of the Council.
Mayor White opened the public hearing. No one spoke. Mayor White closed the pubic hearing.
A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3071 amending the
Comprehensive Land Use Plan for property located on Greens Prairie Trail between the intersections
of Greens Prairie Trail with Greens Prairie Road West and Royder Ridge. Seconded by Council
member McIlhaney which carried 7-0.
FOR: Mayor White, Gay, McIlhaney, Ruesink, Scotti, Massey and Crompton
AGAINST: None
Regular Agenda Item No. 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.
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City Council Regular Minutes Page 7
Thursday, May 8, 2008
Introduced by Mark Smith, Director of Public Works.
Alan Gibbs, City Engineer described the proposed ordinance for an easement to vacate and abandon
0.077 acre to make room for public and private utilities for the College Hills Elementary School
expansion.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Regular Agenda Item No. 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.
Alan Gibbs, City Engineer presented Council an ordinance for an easement to vacate and abandon
0.3978 acre to make room for the public sanitary sewer which is located on 8.572 acre tract for the
College Hills Elementary School expansion.
Mayor White opened the public hearing. No one spoke. Mayor White closed the pubic hearing.
A motion was made by Mayor Pro Tem Gay to approve Items 9 & 10 and Ordinance No. 3072 and
3073 on vacating and abandoning an easement for the College Hills Elementary School expansion.
Seconded by Council member Scotti which carried 7-0.
FOR: Mayor White, Mayor Pro Tem Gay, Massey, McIlhaney, Ruesink, Scotti, Crompton
AGAINST: None
Regular Agenda Item No. 11 -- Adjourn.
A motion was made by Mayor Pro Tem Gay to adjourn and seconded by Council member Massey
which carried 7-0. Mayor White adjourned the meetings at 8:30 p.m. on Thursday, May 8, 2008.
FOR: Mayor White, McIlhaney, Ruesink, Scotti, Gay, Crompton, and Massey
AGAINST: None
PASSED and APPROVED this 22nd day of May, 2008.
APPROVED:
___________________________________
Mayor Ben White
ATTEST:
____________________________________
City Secretary Connie Hooks
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City Council Regular Minutes Page 8
Thursday, May 8, 2008
16
May 22, 2008
Consent Agenda Item 2b
Memorandum of Understanding with College Station Independent School
District regarding 800mhz radio and paging system
To: Glenn Brown, City Manager
From: Scott McCollum, Acting Chief of Police
Agenda Caption: Presentation, possible action and discussion for a memorandum of
understanding regarding each party’s communication capabilities during emergencies
by permitting access to the City’s 800mhz band radio communication system and the
City’s paging system.
Recommendation(s): Staff recommends Council’s approval of this document.
Summary: The City of College Station and the College Station Independent School
District entered into a memorandum of understanding in 2000 regarding use of the
City’s 800mhz radio system and paging system. The agreement facilitated the use of
this equipment during emergencies and allowed CSISD immediate access to City
Emergency Services. The original MOU expired in 2003 and was set for renewal
every three years. This MOU has been modified for as a non-expiring document with
provisions for amendments if necessary. In the event of an emergency event on
CSISD campus their personnel can report available information directly to our
dispatch center for relay to emergency responders.
Budget & Financial Summary: n/a
Attachments:
Copy of MOU between CSISD and City of College Station (signed by CSISD).
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May 22, 2008
Consent Agenda Item 2c
Amendment to Azteca Systems, Inc. License and Update and Support
Agreements
To: Glenn Brown, City Manager
From: Ben Roper, Information Technology Director
Agenda Caption: Presentation, possible action, and discussion regarding approval
of an amendment to the Update and Support Agreement and License Agreement with
Azteca Systems, Inc. approved by Council on December 9, 1999 which amends the
covered products.
Recommendation(s): Staff recommends approval.
Summary: This software (Cityworks) is a work order management system used in
Public Works and being implemented in the Water Services Department. These
amendments simply redefine the number of licenses we own and the number of
licenses covered under our annually paid support. The Public Works’ Streets Division
wishes to purchase an interface from MicroPaver, a street maintenance application,
to CityWorks, which would in effect be an additional license from Azteca and an
additional covered product under our support agreement. The License Agreement
amendment simply adds the MicroPaver interface as a licensed product to the City of
College Station. The update and support amendment states the new update and
support fees based on the additional license purchased.
Budget & Financial Summary: Funds for the purchase of the license exists in the
Public Works Streets division operating budget. Funds for the on-going support of
the license are included in the Information Technology Department's operating
budget.
Attachments:
Amendment to Update and Support Agreement with Azteca Systems, Inc.
Amendment to the License Agreement with Azteca Systems, Inc.
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May 22, 2008
Consent Agenda Item 2d
Eagle Avenue Agreement
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action and discussion of an agreement between
the City and Phi-ton Investments for the development of Eagle Avenue in the Dove Crossing
development.
Recommendation(s): Staff recommends approval of the agreement.
Summary: Per this agreement, the City and the Developer will partner to accomplish the
extension of Eagle Avenue from the new Creekview Elementary eastward to make a
connection with Longmire Drive. The developer will dedicate the right-of-way as well as the
design of the roadway and ancillary water line. The City will construct the roadway and
waterline.
Council directed staff to make this agreement and agreed to the construction on February
14, 2008. The roadway construction will be completed in time for the opening of the new
elementary school in August of 2009.
Budget & Financial Summary: The estimated construction cost is $800,000. This project
will be funded with certificates of obligation. A budget amendment will be required to
allocate the necessary funding.
Attachments:
1. Location Map
2. Agreement
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Eagle Avenue Extension
Location Map
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May 22, 2008
Consent Agenda Item 2e
Signatory Authority for ERCOT
To: Glenn Brown, City Manager
From: David Massey, Director of Electric Utilities
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
authorizing the Director of Electric Utilities to be the signatory authority for all standard
form agreement documents related to the Electric Reliability Council of Texas (ERCOT).
Recommendation(s): Staff recommends approval of this resolution.
Summary: College Station is currently registered with ERCOT as a Load Serving Entity
(LSE), Transmission Service Provider (TSP) and Distribution Service Provider (DSP).
Because of these registrations, College Station is required by ERCOT to complete standard
form agreements as ERCOT Protocols are revised. The documents are not negotiable and
cannot be amended except through changes in ERCOT Protocols. Since timeliness is
required, it is prudent to have an individual designated as the contact for ERCOT who is
authorized to execute ERCOT standard form agreements on behalf of the City of College
Station.
Budget & Financial Summary: N/A
Attachments:
1. Resolution
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RESOLUTION NO. _________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, AUTHORIZING THE DIRECTOR OF ELECTRIC UTILITIES TO BE THE
SIGNATORY AUTHORITY FOR ALL STANDARD AGREEMENT DOCUMENTS
RELATED TO THE ELECTRIC RELIABILITY COUNCIL OF TEXAS (ERCOT) FOR
THE CITY OF COLLEGE STATION.
WHEREAS, The City of College Station is required by ERCOT to complete standard form
agreements as ERCOT Protocols are revised; and
WHEREAS, the City of College Station is required by ERCOT to designate an individual
authorized to bind the City of College Station; and
WHEREAS, the City of College Station is a Distribution Service Provider (DSP), Transmission
Service Provider (TSP), and Load Serving Entity (LSE) as defined in the ERCOT Protocols; and
WHEREAS, all standard form agreements from ERCOT cannot be amended except through
changes in the ERCOT Protocols; and
WHEREAS, ERCOT is the Independent Organization certified under §39.151 of the Texas Public
Utility Regulatory Act for the ERCOT Region; 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 hereby authorizes the Director of
Electric Utilities to execute standard form agreement documents with ERCOT on
behalf of the City of College Station, Texas.
PART 3: This Resolution shall be effective immediately upon its adoption.
ADOPTED this the _________ day of _________________________, 2008.
ATTEST: APPROVED:
______________________________ _________________________________
City Secretary MAYOR
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
_____________________________
City Attorney
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May 22, 2008
Consent Agenda Item 2f
Homebuyer Down-Payment Assistance Program (DAP) Guidelines
To: Glenn Brown, City Manager
From: David Gwin, Director of Economic and Community Development
Agenda Caption: Presentation, discussion, and possible action on revisions to the City’s
Homebuyer Down-Payment Assistance Program (DAP) Guidelines.
Recommendation(s): Staff recommends approval of the revised guidelines.
Summary: Staff is proposing the revised Down-Payment Assistance Program (DAP)
Guidelines, which utilize HOME Investment Partnership Program grant funds to assist low to
moderate income homebuyers with down payment and closing cost assistance. The
proposed changes reflect direction provided by the City Council at their March 13, 2008
Workshop Meeting. Specifically, the changes incorporate the following:
· Provides that the DAP deferred loan is fully repayable to the extent proceeds are
available from the sale of the property.
· The loan amount is a no interest (0%) loan and the homebuyer is only obligated to
repay the face value of the loan to the extent that proceeds from the sale are available.
In the event that there is not enough to cover the amount of the loan, the City will
recapture 75% of the realized proceeds.
· Provides that the DAP deferred loan be fully repaid if the property is no longer owner-
occupied.
· Increases the maximum assistance amount under the standard DAP from $7,500 to
$10,000.
· Adds a provision for larger, five-plus member households to receive a maximum of
$14,999 in assistance.
· Addresses deferred student loans to include them in the debt ratio calculation as if the
homebuyer was already in repayment status.
· Includes mortgage insurance as an allowable closing cost.
· Clarifies Mortgage Credit Certificate tax credits will not be included in debt ratios.
· Clarified credit disqualification language.
· Included Electronic Funds Transfers in the funding process.
· Provides for and establishes a $20 non-refundable application fee to cover the costs of
the applicant’s credit report.
Budget & Financial Summary: Federal HOME Investment Partnership Grant (HOME)
funds are used to provide homebuyer down payment assistance to eligible applicants. The
proposed guideline revisions will strengthen the City’s overall position in regards to the
long-term sustainability of the program.
Attachment:
Revised Down-Payment Assistance Program (DAP) Guidelines
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Page 1 of 7; As Adopted by the City Council on May 22, 2008
CITY OF COLLEGE STATION
DOWN-PAYMENT ASSISTANCE PROGRAM
PROGRAM GUIDELINES
Unless herein stated otherwise, the general operating procedures contained in 24 CFR
Part 92 (Home Investment Partnerships Program) will be followed.
A. STATEMENT OF PURPOSE & PROGRAM OVERVIEW
The City of College Station Down-Payment Assistance Program (DAP) is funded through the U.S.
Department of Housing and Urban Development (HUD) Community Development Block Grant
(CDBG) and Home Investment Partnership Program (HOME) funds. Additionally, the City may
utilize other local, state, or federal resources that become available.
DAP is designed to assist income-eligible homebuyers with the purchase of affordable single
family residential properties located within the City of College Station for owner-occupied,
homestead use only. DAP financial assistance shall be limited to providing qualified applicants
with down payment/principal reduction and/or closing cost assistance under the provisions of 92
CFR § 92.254 qualification as affordable housing: homeownership. This may be accomplished in
part by developing, with City Council approval, affordable single-family units to be made available
to program eligible families.
The basic goals of the Down-Payment Assistance Program are:
- To provide homeownership opportunities for low income individuals and families
- To expand the supply of decent housing available to low-income homebuyers.
- To provide homeowner training and homebuyer counseling activities to low-income
homebuyers.
DAP financial assistance shall be provided using deferred loans which, to the extent proceeds are
available from the transaction, are fully repayable upon sale of the property. This assistance is
combined with conventional permanent financing offered by private sector lenders (i.e., banks,
thrifts, or mortgage corporations). Seller/owner financing is not permitted, except for applicants
applying under the Habitat for Humanity homebuyer program. DAP will provide a maximum of
$10,000, not to exceed 10% of the sales price, for one to four-person households, or a maximum
of $14,999, not to exceed 20% of the sales price for five (5) person or larger households, provided
that the amount of assistance does not decrease the debt/income ratio for Principal, Interest,
Taxes, and Insurance (PITI) below 20% of gross monthly income or increase the amount of
assistance beyond the maximum 221(d)(3) limit as published by HUD for qualified applicants
purchasing eligible properties in the City of College Station. For all applicants purchasing
properties developed by the City’s Department of Economic and Community Development or
Community Housing Development Organizations (CHDOs), the maximum amount of DAP
assistance will be 20% of the sales price, not to exceed $14,999, provided that the amount of
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Page 2 of 7; As Adopted by the City Council on May 22, 2008
assistance does not decrease the debt/income ratio for PITI below 20% of gross monthly income.
The maximum purchase price shall not exceed the maximum published FHA mortgage limit (203b
limit).
DAP assistance will require a lien by the City of College Station. DAP homebuyers must
contribute a minimum of 1.5% of the sales price to the purchase of properties, except for
applicants applying under the Habitat for Humanity homebuyer program. At the discretion of the
Economic and Community Development Department Director, this requirement may be waived.
Participating lenders must provide escrow services to buyers for insurance and tax payment
purposes. The City will not participate in purchases where the mortgage lender’s interest rate
exceeds the local average mortgage rate by more than one and one-half additional percentage
points. Additionally, lender mortgages of less than fifteen (15) years will not be eligible for
participation in the DAP Program.
B. HOMEBUYER ELIGIBILITY CRITERIA
Eligible applicants of DAP financial assistance must meet the following qualifications:
1. An applicant must have a gross income of less than eighty (80) percent of the
Bryan/College Station area median income as established by HUD. Income will be
determined by the provisions of 24 CFR § 92.203 (Income determinations) and 24 CFR §
5.609 (Annual income). Applicants will not be eligible for DAP assistance if, upon
application, they have assets exceeding $20,000 on hand. Retirement funds in IRS
recognized retirement accounts are excluded.
2. Participants will be required to certify at the time they acquire an ownership interest in the
unit that they intend to occupy the unit as their principal residence. Occupancy will be
determined through verification of utility consumption, and other verifications determined to
be acceptable by the City, on an annual basis.
3. Credit and Employment Standards
a. Qualified applicants will have an average FICO credit score of no less than 600, with
no bankruptcies, foreclosures, student loan delinquencies, income tax delinquencies,
child support delinquencies or repossessions within the previous two (2) years. This
provision does not apply to applicants applying under the Habitat for Humanity
homebuyer program. The Economic and Community Development Department
Director may waive this requirement if necessary to accomplish other City or program
objectives, or upon significant demonstration of extraordinary circumstances.
b. Applicants must have an employment history in the same job, or in the case of
professional, salaried employees (as defined in 29 CFR § 541 meeting any of the
requirements in Subparts B, C, D, E, or F), in the same field of employment, for a
minimum of six (6) months.
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Page 3 of 7; As Adopted by the City Council on May 22, 2008
c. Student loans which are currently deferred at the time of application will be included in
the debt ratio calculation as if in repayment status.
4. Citizenship: In order to receive DAP assistance, applicants must be United States
Citizens, U.S. Non-Citizen Nationals, or Qualified Aliens as defined by Title IV of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996. Qualified Alien
status will be verified by the U.S. Citizenship and Immigration Services Division of the
Department of Homeland Security.
C. ELIGIBLE PROPERTY CRITERIA
Property eligible for purchase under DAP is subject to the requirements of 24 CFR § 92.254
(Qualification as affordable housing: homeownership) and as follows:
1. The DAP will be implemented on a city-wide basis within the city limits of the City of
College Station.
2. All single-family property, located within the above mentioned boundaries. The definition of
"single-family" property includes individually owned townhouse units, homeplexes and
condominium units, but excludes mobile homes, duplexes and quadraplexes.
3. Only property that is debt-free and has an otherwise clear title on the date it is acquired by
an applicant is eligible.
4. All eligible DAP properties shall not exceed 95 percent of the maximum amount insurable
under Section 203(b) of the National Housing Act (FHA lending limit) for the Bryan/College
Station area.
5. Eligible properties must not be tenant-occupied on the date of the execution of the Earnest
Money or Sales Contract, unless the occupant is the buyer.
6. Properties constructed prior to 1978 must have passed a lead-based paint risk
assessment by a State of Texas-licensed Lead Risk Assessor.
D. LOAN INSTRUMENTS
DAP shall use two (2) basic loan instruments (promissory note and deed-of-trust) to provide
financial assistance to eligible applicants and to comply with the provisions of 24 CFR §
92.254(a)(5)(ii)(A) (Recapture, Net Proceeds). The intention of the DAP loan instrument is to
provide supplemental financial assistance when combined with permanent financing.
Affordability shall be determined, except in the case of purchases through the Habitat for Humanity
homebuyer program, by ensuring the total PITI (principal, interest, taxes, and insurance) payment
(front ratio) is not less than 20% but not more than 35% of the monthly income of the eligible DAP
homebuyer. With lender approval, the upper percentage may be slightly exceeded under
extenuating circumstances that demonstrate the buyer’s ability to handle higher payments. The
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Page 4 of 7; As Adopted by the City Council on May 22, 2008
maximum total debt-to-income ratio (back ratio) is 45% (participating lenders may require a lower
percentage). The City of College Station shall not participate in loan packages that have
mortgages that are not fully amortizing ("balloon" mortgage) or contain negative amortization.
Mortgage interest rates must be fixed for the full loan term. Interest rate buy-downs are not
permitted. A maximum of 30% of the program assistance may be used for closing costs, except
prepaid taxes or mortgage insurance. The remaining 70% must be applied directly to the down
payment. Any Mortgage Credit Certificate Tax Credits claimed by the applicant will not be included
in the debt ratio calculation.
DAP loan instruments shall require that the property must be maintained to meet all applicable City
codes, including community appearance standards and code enforcement ordinances.
Deferred Loan
Affordability Period: 5 years
Amount:
1 – 4 person households: 10% or $10,000 maximum
5 + person households: 10% or $14,999 maximum
City or CHDO properties: 10% or $14,999 maximum
Repayment Due:
100% upon sale (to the extent proceeds available)
Lien holder Position: Second
Refinancing: Allowed for payment, term, or interest rate
reduction. No cash-out refinance allowed.
Owner Occupancy Required: On the date the homebuyer ceases occupying the
property as a primary residence (i.e., rental, gift,
death, abandonment), the deferred loan will become
due and payable to the City (except for deployed
military personnel.)
Except in the case of purchases under the Habitat for Humanity homebuyer program, the City shall
have the prior right to purchase the ownership interest in the property from the initial DAP
homeowner for the amount specified in a firm contract between the homeowner and the
prospective buyer. The City shall have 10 business days after receiving notice of the firm contract
to decide whether to exercise its right and 60 additional calendar days to complete closing of the
property.
Military Deployment - In the event that the homebuyer is deployed on active duty, the homebuyer
may, at their discretion, rent the home during the time of deployment to an income-eligible
applicant if the homebuyer's monthly mortgage payment will exceed 30% of gross monthly income
after deployment. The maximum rent will be determined by published maximum HUD rents for the
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Page 5 of 7; As Adopted by the City Council on May 22, 2008
area. The City of College Station Department of Economic and Community Development will verify
income eligibility of the rental applicant and will file a copy of the deployment orders in the
homebuyer's client file. If the home is rented to an income-eligible applicant, or is occupied by the
homebuyer's dependents, the DAP loan will continue to be deferred.
E. HOUSING QUALITY PLAN
1. Economic and Community Development Departmental staff, who are experienced in
conducting inspections of housing units for health and safety standards will complete
inspections of all proposed units for conditions posing a health or safety threat to
occupants prior to approval of the unit for transfer to the homebuyer.
2. All DAP funded properties must meet all requirements under 24 CFR § 92.251(a)
(Property standards) prior to closing.
3. Subject properties will be reviewed with regards to environmental issues as required by
federal guidelines in 24 CFR § 92.352 (Environmental review) Properties not eligible for
federal assistance due to environmental hazards will be ineligible for this program.
F. DAP HOMEBUYER AND HOMEOWNER COUNSELING PROGRAM
The Homebuyer and Homeowner Counseling Program will provide a full range of services, advice,
and assistance to potential homebuyers to assist them in meeting the responsibilities of home
ownership.
1. An Intake Interview will be conducted between the counselor and the prospective
homebuyer once the application has been completed and reviewed by the counselor. The
counselor will obtain and document sufficient information on the nature of the applicant's
housing needs to determine the applicability of housing counseling, the type of assistance
needed, and to establish a case action plan.
2. The counseling session will cover housing selection, Fair Housing laws, purchase
procedures, real estate and mortgage terminology, types of financing and assistance
programs, and the rights and responsibilities of homeowners.
3. The counseling session will also provide training to enhance home management skills,
including money management, comparative shopping, use of credit, debt management
and homeowner's insurance and property taxes. A review of the homebuyer's income and
expenses and the development of a budget will be covered.
4. The counseling session will provide instruction/information on property care and
maintenance, simple home repairs, and housing codes and enforcement procedures.
5. Information regarding reducing energy waste, developing an energy conservation lifestyle,
energy audits, tax credit information, low cost weatherizing instructions, product fraud
prevention, and safety information will also be provided.
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Page 6 of 7; As Adopted by the City Council on May 22, 2008
6. Post-Occupancy Counseling will be offered upon request to the homebuyer after the
purchase of the home. This counseling will also be available to assist in resolving
problems between the mortgagee and the home buyer and will provide appropriate
referrals to other agencies, as needed.
G. APPLICATION PROCESS
Persons having previously completed homebuyer assistance evaluations and counseling with staff
will be given priority. Interested applicants will be given application and verification forms and
instructions for completion. Staff will be available to assist with completion of required forms.
1. Once an applicant meets all program requirements, to include applying for and receiving
approval for permanent mortgage financing, an Electronic Funds Transfer (E.F.T.) or
check will be requested for the appropriate program assistance. Program documents will
be prepared and forwarded to the appropriate title company. Upon Closing, DAP funds
will be made available to the selected title company. The E.F.T. or check will be made out
to the title company for the benefit of the applicant/buyer.
2. All program requirements having been met, eligible applicants will be prioritized according
to date and time of intake interview and pre-purchase session. Assistance will continue
until all funds are depleted or the program is terminated. In the event of a funding
shortage, families with dependent children will receive priority. Families with dependent
children will also receive priority for properties developed and owned by the City.
3. Previous recipients of Economic and Community Development housing program
assistance (ORP, Rehab, TBRA, etc.) must be approved by the Economic and Community
Development Department Director prior to receiving DAP assistance. Previous DAP
recipients are not eligible for additional DAP assistance, except upon approval of the
Economic and Community Development Department Director.
4. Applicants falsifying information will be disqualified from participating in the program and
may be subject to criminal prosecution.
5. Applicants denied for DAP can reapply no earlier than six (6) months from the date of
original application.
6. A non-refundable fee of $20 shall be due upon receipt of the application or pre-application.
This fee is meant to primarily cover the cost of the prospective client’s credit report.
H. ANTI-DISPLACEMENT POLICY STATEMENT
1. The City shall not engage or participate in any activities that influence the permanent
and/or involuntary relocation or displacement of any low-income family due to the DAP
pursuant to the provisions of 24 CFR§ 92.353 Displacement, Relocation, and Acquisition.
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Page 7 of 7; As Adopted by the City Council on May 22, 2008
2. It is not anticipated that it would be necessary to relocate any families. However, the City
will follow the relocation procedures as set forth in its adopted Anti-Displacement Policy if
the need does arise.
I. EQUAL OPPORTUNITY STATEMENT
The City of College Station is committed to providing equal opportunity for minority- or women-
owned businesses to compete and obtain contracts for City sponsored projects, and will comply
with the provisions of 24 CFR § 92.350 (Other Federal requirements and nondiscrimination) and
24 CFR § 92.351 (Affirmative marketing; minority outreach program).
J. FAIR HOUSING POLICY STATEMENT
The City of College Station adopted a Fair Housing Ordinance in 1979, which prohibits
discrimination in the sale or rental of housing, and discrimination in the provision of brokerage
services. The ordinance also outlines the City's procedures regarding complaints, investigation,
cumulative legal effect, unlawful intimidation, education and public information and penalty. The
City is not under any court order or decree regarding Fair Housing. Relevant policies and codes
have been examined and no exclusionary zoning codes were evident. The City of College Station
does not have a rental control ordinance. The City of College Station will comply with the
provisions of 24 CFR § 92.351 (Affirmative marketing; minority outreach program).
Information regarding the DAP will be made available to the public through the use of a variety of
public media, to include: meetings, the City’s website and ads in the classified section of the
newspapers. Press releases may be given to the local media. Information and applications will be
made available to local agencies that deal with low to moderate income people. Economic and
Community Development staff will be available to speak to organizations or groups of interested
individuals. Other methods of program information outreach may be utilized, including utility bill
inserts, direct mailing, television advertising, and applications and program information will also be
available on various City-specific media.
In addition, the City of College Station will seek technical assistance from the appropriate HUD
staff in order to ensure that all Fair Housing requirements and standards are upheld and ultimately
furthered.
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NEW COVERSHEET FORMAT EXAMPLE 1
May 22, 2008
Consent Agenda Item 2g
Interlocal Agreement for On-Line Bidding
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, discussion and possible action on an Interlocal Agreement
between the City of College Station and City of Bryan for On-Line Bidding Services.
Recommendation(s): Staff recommends approval of the Interlocal Agreement.
Summary: In February, 2004, the City of College Station launched the on-line bidding
system as part of the new website unveiling. This online bidding system was designed to
allow other agencies in the area to use the system for centralized vendor maintenance and
centralized e-procurement functions. It includes automatic notification to registered
vendors for bid postings, addendums, bid tabulations and bid awards.
Budget & Financial Summary: The City of College Station has already paid for the system
design and implementation. However, the Interlocal Agreement allows for the creation of a
“Users Group” consisting of all participating agencies to share in the cost of mutually agreed
upon enhancements to the system. There is no financial impact to allow City of Bryan to
participate in our On Line Bidding System at this time.
Attachments: Interlocal Agreement with City of Bryan for On Line Bidding
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NEW COVERSHEET FORMAT EXAMPLE 1
May 22, 2008
Consent Agenda 2h
Annual Water Meters
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, discussion and possible action on the renewal agreement
with Badger Meter, Inc. for the annual purchase of water meters to be maintained in
inventory, Bid No. 07-74, for an annual expenditure of $131,880.00.
Recommendation(s): Staff recommends approval of the renewal agreement with Badger
Meter, Inc. for an annual expenditure of $131,880.00.
Summary: These purchases will be made as needed during the term of the agreement.
The water meters are maintained in Water Inventory in an inventory account and expensed
as necessary during the agreement period.
Budget & Financial Summary: The original contract was awarded by Council in May
2007. This is the first renewal term, June 1, 2008 – May 31, 2009. The bid provides for up
to a 5% increase for renewals. This renewal includes a proposed increase of 5% over the
original contract amount. Staff feels that the increase would be higher than 5% if this item
were re-bid. Even with the proposed 5% increase, the total expenditure is still lower than
the other bids received in 2007. Funds are budgeted and available in the Water Fund.
Various projects may be expensed as supplies are pulled from inventory and issued.
Attachments:
1 Renewal letter
65
66
67
May 22, 2008
Consent Agenda Item 2i
4401 Spring Branch Court License to Encroach
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion approving a resolution
authorizing a License Agreement with MATTHEW MOORE pertaining to the encroachment of
a portion of a structure located at Lot 20, Block 1, Spring Meadows Phase 2 Subdivision,
College Station, Texas, according to the plat recorded in Volume 5838, Page 177 of the
Official Records of Brazos County, Texas, into easement area.
Recommendation(s): Staff recommends approval of the resolution approving the
license to encroach at 4401 Spring Branch Court.
Summary: A corner of the house built at 4421 Woodland Ridge extends approximately
2.0 feet into a 20 foot wide public utility and drainage easement on the lot. The
encroachment does not conflict with any of the utilities in the easement. Consent has been
granted by all franchised utilities for the encroachment. Approval of the resolution will cure
this defect in the title to the property.
Budget & Financial Summary: N/A
Attachments:
1. Exhibit 1 - Vicinity Map
2. Exhibit 2 - Resolution
3. Exhibit 3 - Resolution Exhibit “A” (License Agreement)
4. Exhibit 4 – Resolution Exhibit “B” (Survey)
5. Exhibit 5 - Application
68
69
RESOLUTION NO.___________
A RESOLUTION MAKING CERTAIN FINDINGS OF FACT AND AUTHORIZING THE
MAYOR OF THE CITY OF COLLEGE STATION TO EXECUTE A LICENSE
AGREEMENT BETWEEN THE CITY OF COLLEGE STATION AND APPLICANT,
MATTHEW MOORE, PERTAINING TO THE ENCROACHMENT OF A STRUCTURE
LOCATED AT LOT 20, BLOCK 1, SPRING MEADOWS PHASE 2 SUBDIVISION, MORE
COMMONLY KNOWN AS 4401 SPRING BRANCH COURT, INTO THE EASEMENT.
WHEREAS, the City of College Station, has received an application for a license to encroach
into a public utility easement and drainage easement;
WHEREAS, the City of College Station has enacted Ordinance No. 1645 regulating, controlling
and governing encroachments;
WHEREAS, in order for a license to be granted by the City Council of the City of College
Station, the Council must make certain findings of facts;
WHEREAS, after hearing the application of MATTHEW MOORE to encroach into the
easement, the City Council of the City of College Station, finds the following facts:
1. That there are no utilities which would be interfered with by the utilization of the
property in its present status.
2. That there are no utilities which would interfere with the utilization of the
property in its present status.
3. That the structure intrudes into the easement to such a degree that it is not
economically feasible to remove the part of the structure within the easement.
4. That the land use in the neighborhood appears to be stable and the use to which
this property is being put is not likely to change within the foreseeable future and
is similar to the use to that of the neighborhood;
WHEREAS, the applicant agrees to accept the terms of the License Agreement as presented to
him; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION:
I.
That the City Council after hearing the application and finding the specific facts as stated above
now concludes and finds that:
1. It is not economically feasible to remove the part of the structure within the
easement area does constitute special circumstances and conditions affecting the
property which if not take into consideration would deprive the applicant of the
reasonable use of his property.
2. The fact that the land use is not likely to change within the foreseeable future and
that it is not economically feasible to remove the part of the structure within the
easement does provide a basis for granting the license necessary for the
preservation and enjoyment of the substantial property right of the applicant.
70
RESOLUTION NO.____________ Page 2
3. The fact that the use of the easement area by the property owner does not interfere
with the utilities or access to the utilities and is not detrimental to the public
health, safety or welfare or injurious to the property in the area; and
II.
That the Mayor is hereby authorized to execute on behalf of the City of College Station a
License Agreement with MATTHEW MOORE pertaining to the encroachment of a portion of a
structure located at Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, more commonly
known as 4401 Spring Branch Court, into the easement area. The terms of said License
Agreement are as set forth in the form which is attached hereto as Exhibit "A" and incorporated
herein by reference for all purposes.
III.
That this Resolution shall become effective immediately upon adoption.
PASSED and APPROVED this day of , 2008.
ATTEST: APPROVED:
______________________________ ____________________________________
City Secretary Mayor
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt ______________________________
City Attorney
71
t\c:\docume~1\tmcnutt\locals~1\temp\exhibit a revised.doc
5/16/2008
LICENSE AGREEMENT
THE STATE OF TEXAS *
* KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF BRAZOS *
That the City of College Station (hereinafter referred to as "LICENSOR"), acting through the
undersigned official who is so empowered by resolution of the City Council to so act in
consideration of the agreement made herein by MATTHEW MOORE (hereinafter referred to as
"LICENSEE"), owner of Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station,
Texas, according to the plat recorded in Volume 5838, Page 177 of the Official Records of Brazos
County, Texas, hereby grants a license to the said LICENSEE to permit a portion of a structure
located on a portion of Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station,
Texas, to encroach upon the easement, as shown on Exhibit "A" attached hereto and incorporated
herein by reference for all purposes, owned and occupied by the City of College Station, Brazos
County, Texas, but such improvements shall be at all times under and not in contact with any
electric, water, sewer, or other utility, or equipment, or interfere in any way with such utility,
including any drainage structures which are servicing the improvements and other property, and
subject to the following terms and conditions:
Neither the granting of the license, nor any related permit, constitutes an abandonment by
LICENSOR of its property, easement or easements, or any other rights in and to the above-
described property. LICENSEE expressly stipulating and agreeing by LICENSEE's acceptance of
this license that LICENSEE neither asserts nor claims any interest or right of any type or nature
whatsoever, legal, equitable or otherwise in or to LICENSOR's property.
LICENSEE hereby expressly covenants, stipulates and agrees, without limitation, to indemnify and
defend the LICENSOR and hold it harmless from any and all liability, claim, cause of action, and
cost, including attorneys' fee, and including any acts or omissions of the LICENSOR, its officers,
agents, and employees, which may grow out of or be attributable to the granting by the
LICENSOR of said license and any supplemental license which may hereafter be issued in
connection herewith including any inspections which may be conducted in connection with or
pursuant to said license or any supplemental license.
LICENSEE, at its own expense, shall restore or cause to be restored the subject property to as
good a condition as existed prior to construction of the improvements which are the subject of this
License Agreement. LICENSEE shall pay all costs of relocation of any public utilities or facilities
that may be incurred as a result of the proposed construction or actual construction.
LICENSEE agrees to comply with all laws and ordinances in the construction and maintenance of
said improvements.
LICENSOR retains the right, but not the obligation, to enter upon the land to which this license
applies and at LICENSEE's expense to remove any structure or improvements or alterations
thereon upon the determination by LICENSOR that such removal is necessary for exercising
LICENSOR's rights or duties in regard to said easement, or for protecting persons or property, or
public interest in regard to said easement.
This license, until its expiration or revocation, shall run with the title to the above-described real
property, and the terms and conditions hereof shall be binding upon subsequent owners or holders
thereof. LICENSEE shall cause any immediate successors in interest to have factual notice of this
License Agreement.
This license shall expire automatically upon removal of the improvements located upon the
property pursuant to this license, and shall expire as to any portion of said improvements upon the
removal, whether or not all of the proposed improvements are removed.
This license is revocable by the LICENSOR upon the occurrence of any of the following
conditions or events:
A. LICENSEE or its successors or assigns have failed to comply with the terms of the
granting of the license; or
B. The improvements located thereon or any portion of them interfere with the rights
of the LICENSOR or the public in or to LICENSOR's property; or
C. The use of the licensed area becomes necessary for a public purpose; or
D. Said improvements or a portion of them constitute a danger to the public which is
not remediable by maintenance or alteration of the said improvements; or
72
- 2 -
t\c:\docume~1\tmcnutt\locals~1\temp\exhibit a revised.doc
5/16/2008
E. Said improvements or a portion of them have expanded beyond the scope of the
license; or
F. Maintenance or alteration necessary to alleviate danger to the public has not been
made within a reasonable time after the dangerous condition has arisen.
This license shall be effective upon the acceptance of the terms hereof by the LICENSEE, as
indicated by the signature of LICENSEE.
The license shall be filed of record in the Official Records of the County Clerk of the Brazos
County Courthouse.
APPROVED this the ________ day of ______________________, 200__.
APPROVED: APPROVED:
MATTHEW MOORE , CITY OF COLLEGE STATION,
LICENSEE LICENSOR
BY:______________________________ BY:________________________________
MATTHEW MOORE Mayor
ATTEST:
____________________________________
City Secretary
STATE OF TEXAS )
) CORPORATE ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the _____ day of ________________, 200__, by
___________________________________, as Mayor of the City of College Station, a Texas
Municipal Corporation, on behalf of said Corporation.
____________________________________
Notary Public in and for
the State of T E X A S
STATE OF TEXAS )
) CORPORATE ACKNOWLEDGMENT
COUNTY OF BRAZOS )
This instrument was acknowledged before me on the _____ day of _______________________,
200__, by ______________________ as __________________ of ________________________,
on behalf of said ____________________.
____________________________________
Notary Public in and for the State of Texas
73
Field Notes
440 1 Spring Branch Court
Encroachment Upon a Public
Utility Easement and Drainage Easement
All of that certain portion of a 20' wide public utility and drainage easement for license to encroach
upon, lying within Lot 20, Block One, Spring Meadows Subdivision, Phase 11, City of College Station,
Brazos County, Texas, according to the plat thereof recorded in Volume 5838, Page1 77, Official
Records of said county and being further described as follows;
COMMENCING at a found 112" rebar with plastic cap stamped R.P.L.S. No.5676 for the most
southerly corner of Lots 19 and 20, from which a found 112" rebar, for the most northerly corner of said
Lots 19 and 20, bears N 05'56'38"W for the basis of bearings of this survey, a distance of 118.5 1' as
cited per said plat;
THENCE along the northerly right-of-way line of 50' wide Spring Branch Court, a curve concave
southerly having a radius of 501, an arc length of 6.47', a central angle of 7'24'5 l", chord bears S
89'22'49"E a chord distance of 6.47' to a point;
THENCE along a bearing radial to said curve N 04' 19'55"E, a distance of 20.00' to the intersection of
the 20' wide public utility easement and drainage easement lying adjacent to Spring Branch Court with
the easterly line of the 20' wide public utility and drainage easement centered on the common line of
said lots 19 and 20 for the POINT OF BEGINNING of said encroachment area;
THENCE N 05O56'38"W along the easterly line of said easement, a distance of 14.41' to a point;
THENCE S 84'03'22"W, a distance of 2.50' to a point;
THENCE S 05'56'38"E, a distance of 14.00' to a point;
THENCE along a curve concave southerly having a radius of 70' an arc length of 2.53', a central angle
of 02'04'15", chord bears S 86"37'49"E, a chord distance of 2.53' to the POINT OF BEGINNING and
containing 35.5 square feet more or less.
74
75
FOR OFFICE USE ONLY
PBZ CASE NO.:
DATE SUBMITTED:
LICENSE TO ENCROACH APPLICATION
MINIMUM SUBMITTAL REQUIREMENTS
$325.00 License to Encroach application fee.
A completed copy of the attached License to Encroach application.
All exhibits processed (except for Exhibit No. 4, which will be processed by staff).
ADDRESS: 4401 Spring Branch ct College Station, TX-
LEGAL DESCRIPTION Lot 20 block 1 Spring Meadows Subdivision Phase 2 City of College Station
APPLICANT (Primary Contact for the Project):
Name : Matthew Moore E-Mail : matthewhmoore@gmail.com
Street Address : 4401 spring branch ct
City : College Station State TX Zip Code :77845
Phone Number:979-412-3499 Fax Number: 979-690-1499
PROPERTY OWNER'S IhlFORMATlON (if different from above):
Name E-Mail
Street Address
City State Zip Code
Phone Number Fax Number
The applicant has prepared this application and certifies that the facts stated herein and
exhibits attached hereto are true and correct.
Signature of Owner Date I
76
APPLICATION FOR
A LICENSE TO ENCROACH
Location of public utility easement to be encroached upon: Eastern most portion of the
20' P.U.E & D.E.
Property Owner's Name & Address: Matthew Moore
Property Owner's Phone Number: 979-412-3499
TO THE MAYOR AND ClTY COUNCIL OF THE ClTY OF COLLEGE STATION:
The undersigned hereby makes application for a License to Encroach the above public
utility easement particularly described in Exhibit No. 1, attached. In support of this
application, the undersigned represents and warrants the following:
1. The undersigned will hold the City of College Station harmless, and indemnify it
against all suits, costs, expenses, and damages that may arise or grow out of
such License to Encroach.
2. Attached, marked Exhibit No. 1, are two sealed copies of the metes and bounds
description of that portion of the public utility easement sought to be encroached
upon, prepared by a Registered Public Surveyor.
3. Attached, marked Exhibit No. 2, are two copies of a plat or detailed sketch of the
public utility easement sought to be encroached upon and the surrounding area
to the nearest streets in all directions, showing the abutting lots and block, and
the subdivision in which the above described public utility easement is situated,
together with the record owners of such lots.
4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the License
to Encroach.
5. Attached, marked Exhibit No. 4, is the consent of the City of College Station staff
to the License to Encroach.
6. Attached, marked Exhibit No. 5, is the consent of all the abutting property
owners, except the following: (if none, so state)
77
7. A License to Encroach the public utility easement should be granted because:
1. There is sufficient space to work or service the buried reinforced concrete
pipe and other utilities. 2. There will be no additional phases in the subdivision
in which additional services will be required 3. The residence is completed and
does not prevent any clear obstruction to prevent servicing of other customers 4.
The property location at the end of the cul de sac does not affect the view or
vista of the adjoining neighbors.
8. Such public utility easement has been and is being used as follows:
As a drainage easement for buried reinforced concrete pipe, telephone, cable,
gas services are installed at this time for this residence.
I swear that all of the information contained in this application is true and correct to the
best of my knowledge and belief.
Applicant's Signature: ?/b@utr 11 kg L (
Applicant's Name: M h* ew OM
ApplicantlsAddress: 44-01 yprbq firriwk Ck-
Applicant's Phone Number: 97 9 412 34 4 7
STATE OF TEXAS 1
) ACKNOWLEDGMENT
COUNTY OF BRAZOS )
S bscribed and swor< to b f r ~m/ \Y .20& by YlXqhe 4 Rl ,a 0 f#ic, , this /#hday of
78
Notary Public in and for
the State of Texas
79
Application for License to
Encroach a Public Utility Easement
Located: 4401 Spring Branch Ct College Station, TX 77845
EXHIBIT NO. 1
Attached are two sealed copies of the metes and bounds description of that portion of
the public utility situated in Phase 2 Spring Meadows AdditionIS~~bdivision to the City of
College Station, Brazos County, Texas, sought to be encroached upon.
80
Field Notes
4401 Spring Branch Court
Encroachment Upon a Public
Utility Easement and Drainage Easement
All of that certain portion of a 20' wide public utility and drainage easement for license to encroach
upon, lying within Lot 20, Block One, Spring Meadows Subdivision, Phase 11, City of College Station,
Brazos County, Texas, according to the plat thereof recorded in Volume 5838, Page177, Official
Records of said county and being further described as follows;
COMMENCING at a found 1/2" rebar with plastic cap stamped R.P.L.S. No.5676 for the most
southerly comer of Lots 19 and 20, from which a found 112" rebar, for the most northerly comer of said
Lots 19 and 20, bears N 05'56'38"W for the basis of bearings of this survey, a distance of 118.5 I' as
cited per said plat;
THENCE along the northerly right-of-way line of 50' wide Spring Branch Court, a curve concave
southerly having a radius of 50', an arc length of 6.47', a central angle of 7'24'5 1", chord bears S
89'22'49"E a chord distance of 6.47' to a point;
THENCE along a bearing radial to said curve N 04' 19'55"E, a distance of 20.00' to the intersection of
the 20' wide public utility easement and drainage easement lying adjacent to Spring Branch Court with
the easterly line of the 20' wide public utility and drainage easement centered on the common line of
said lots 19 and 20 for the POINT OF BEGINNING of said encroachment area;
THENCE N 05'56'38"W along the easterly line of said easement, a distance of 14.41' to a point;
THENCE S 84'03'22"W, a distance of 2.50' to a point;
THENCE S 05"56'38"E, a distance of 14.00' to a point;
THENCE along a curve concave southerly having a radius of 70' an arc length of 2.53', a central angle
of 02'04'15", chord bears S 86'37'49"E, a chord distance of 2.53' to the POINT OF BEGINNING and
containing 35.5 square feet more or less.
81
82
Application for License to
Encroach a Public Utility Easement
Located: 4401 Spring Branch Ct College Station, TX 77845
EXHIBIT NO. 2
Attached are two copies of a plat or detailed sketch of the public utility easement sought
to be encroached upon in the above-mentioned application, showing the surrounding
area to the nearest streets in all directions, abutting lots, the block or blocks in which
the portion of the public utility easement sought to be encroached upon is situated, and
the addition or subdivision in which the portion of the public utility easement sought to
be encroached upon is situated. Also, the names of record owners of the abutting lots
are shown.
83
RECETUED 04/09/2008 15: ig ~1~x499 RIV~RHILL HOMES
APR-09-2008 WED 02:31 PM 'OX COMMUN l CAT l ONS FAX No. 9- '11411 P. 001
Appli~tion for License to
Encroach a Public Utility Easement
EXHIBIT NO. 3
The under4 ned public utlllty companies, using or entitled to use, under the terns and f mvlslans 0 our respective franchises with the Ci of College Station, that portlon of
$4 public utility easement sought to be encroache 2' upon In the Application for Ucense
to Encroach above referred to, do hereby consent to the encroachment of the descrtbed
ponion thereof.
ATMOS ENERGY
VERIZON TELEPHONE COMPANY
SUDDENLINK COMMUNICATIONS
BY. a&&, s7.x G!.m
Title €5 n
84
04/21/2008 09:58 FAX 979 764 3452 COLLEGE STATION PLrB.LPTL. + DEV SERVICES ~001/002
Application for License to
Encroach a Public Utility Easement
Locate
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
cansldered the Application for License to Encroach the public utility easement referred
to above from the standpoint of City of College Station ordinances and with respect to
present and future needs of the City of College Station and see no objection to the
requested license from the City's standpoint.
City ofCdleg'e Station
Electric Department
City of College Stati~n
Rik Marshal
City of College Station
85
,04/16/2008 12:48 FAX 979 764 3452 CDLLEGE STATION PUB. LPTL. @I 001
Application for License to
Encroach a Public Utility Easement
Locate
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they have carefully
considered the Application for License to Encroach the public utility easement referred
to above from the standpoint of City of College Station ordinances and with respect to
present and future needs of the City of College Station and see no objection to the
requested license from the City's standpoint.
Cityngineer
City of College Station
Zoning Official
City of College Station
Building Official
City of College Station
Fire Marshal
City of College Station
Water Services Department
City of College Station
86
Application for License to
Encroach a Public Utili Easement
EXHIBIT NO. 4
The undersigned, City staff of the City of College Station, certify that they heve carefully
considered the Application for License to Encroach the public utilrty easement referred
to above from the standpoint of City of College Station ordinances and with respect to
present and future needs of the City of College Station and see no objeotin to the
requested license from the City's standpoint.
ollege Station
zO=i"?
Official
Ci a College Station
klectric Department
City of College Station
l33ci,~CMcial
allege Siation
G==g==
Fire Marshal
City af College Station
Water Services DZi5Ghent
City of College Station
COPC P9L GLG XVd PS:PT NOR BO/PT/PO
87
Application for License to
Encroach a Public Utility Easement
Located:
EXHIBIT NO. 5
The undersigned, owners of property abutting upon that portion of the public utility
easement named and described in the Application for License to Encroach a Public
Utility Easement referred to above, do hereby consent to such license.
NAME:
/
ADDRESS: 4kO so& &+& C/+-
c6 77g&
NAME:
ADDRESS:
NAME:
ADDRESS:
88
May 22, 2008
Regular Agenda Item 1
Rezoning for Great Oaks
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action and discussion regarding
a rezoning of 130.81 acres from A-O Agricultural-Open to 38.73 acres A-OR Agricultural-
Open, Residential and 92.08 acres R-1B Single Family Residential for the property located at
3998 Rock Prairie Road West, Generally located at Rock Prairie Road West and Great Oaks
Drive.
Recommendation(s): The Planning & Zoning Commission heard this item on May 1,
2008 and unanimously recommended approval of the rezoning with a vote of 7-0. Staff also
recommended approval of the rezoning 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 Comprehensive Plan has been
recently amended to reflect the latest platting activity in the Great Oaks Subdivision.
The Land Use Plan now reflects Single-Family Low and Medium Density Residential land
uses for the subject property. The requested zoning for A-OR Agricultural-Open
Residential and R-1B Single Family Residential are appropriate zoning districts for those
land uses.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: Many of the properties in the vicinity
of the subject property are outside College Station city limits or have been platted prior
to the recent annexation in March 2008; therefore, these properties do not have zoning
or are currently zoned A-O Agricultural-Open and approved for low and medium density
residential development. However, the conditions of the existing and proposed
developments are compatible with the proposed zoning districts.
Phase 1 of the Great Oaks Subdivision and the Quail Run Subdivision are both developed
as low density residential developments, which complement the proposed A-OR portion
of the zoning request. Medium density residential developments in the vicinity of the
subject property include Oakland Ridge and Las Palomas. Oakland Ridge, a 40-acre
single family medium and high density residential development, has received Master
Plan, Preliminary Plat, and Phase 1 Final Plat approval for the project. The property to
the south of Oakland Ridge is now developed as duplexes, a medium density
development, in the Las Palomas Subdivision.
The A-OR zoning district carries a maximum density of one dwelling unit per acre while
the R-1B zoning district holds a maximum density of six dwelling units per acre.
89
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: This
property has received Master Plan, and Preliminary Plat approval for low and medium
density residential development on the subject property. The proposed zoning districts
will reflect the appropriate zoning classifications of the approved plans for low and
medium density residential development.
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:
Because this property was platted prior to being annexed, the proposed residential
development is considered an approved legal non-conforming use. Therefore the
development is permitted to develop under the existing zoning district.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The property owner will be able to market the residential lots as appropriately zoned as
A-OR Agricultural-Open Residential and R-1B Single-Family Residential rather than legal
non-conforming lots in an A-O Agricultural-Open district.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There is an existing 12-
inch sanitary sewer main available to serve the property. The City currently does not
provide water service to this property. Drainage is mainly to the south within an
unnamed watershed near the Brazos River. All utilities shall be designed in accordance
with BCS Unified Design Guidelines at the time of Platting and Site Development. The
property proposes taking access from Great Oaks Drive, Walnut Road, Feather Run, and
Arboleda Drive.
Budget & Financial Summary: None.
Attachments:
1. Small Area Map
2. Draft Planning & Zoning Commission Meeting minutes, May 1, 2008
3. Ordinance
90
Zoning Districts
A – O Agricultural OpenA – OR Rural Residential SubdivisionR – 1 Single Family ResidentialR - 1B Single Family ResidentialR – 2 Duplex Residential
WPC Wolf Pen Creek Dev. CorridorNG – 1 Core NorthgateNG – 2 Transitional NorthgateNG – 3 Residential NorthgateOV Corridor OverlayRDD Redevelopment DistrictKO Krenek Tap Overlay
C – 3 Light CommercialM – 1 Light IndustrialM – 2 Heavy IndustrialC – U College and UniversityR & D Research and DevelopmentP-MUD Planned Mixed-Use DevelopmentPDD Planned Development District
R – 3 TownhouseR – 4 Multi-FamilyR – 6 High Density Multi-FamilyR – 7 Manufactured Home ParkA – P Administrative/ProfessionalC – 1 General CommercialC – 2 Commercial-Industrial
I
&
G
N
R
D
ROCK PRAIRIE RD
GREAT OAKS DR
³
DEVELOPMENT REVIEW GREAT OAKS Case:08-038 REZONING
0 510 1,020255 Feet
C
I
T
Y
L
I
M
I
T
S
CITY LIMITS
91
May 1, 2008 P&Z Regular Meeting Minutes Page 1 of 2
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, May 1, 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: John Crompton
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, Assistant Director Lance Simms, First Assistant City
Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff Assistant
Brittany Caldwell
5. Public hearing, presentation, possible action, and discussion regarding a rezoning of
130.81 acres from A-O Agricultural-Open to 38.73 acres A-OR Agricultural-Open,
Residential and 92.08 acres R-1B Single Family Residential for the property located at
3998 Rock Prairie Road West, generally located at Rock Prairie Road West and Great
Oaks Drive. Case #08-00500038 (CH)
Crissy Hartl, Staff Planner, presented the rezoning and recommended approval.
Commissioner Davis asked if there was access to Jones Butler Road anticipated. Ms.
Hartl stated that it was not reflected in the thoroughfare plan, but a joint access was
provided between Great Oaks and Oakland Ridge.
Chairman Nchols opened the public hearing.
Steve Arden, 311 Cecelia Loop, stated that a provision was made on the plat regarding
additional access.
Ed Hard, 11760 Durrand, College Station, Texas; Kenneth Esterack, 11854 Great Oaks
Drive, College Station, Texas. The citizens expressed concern about the traffic that will
be generated.
92
May 1, 2008 P&Z Regular Meeting Minutes Page 2 of 2
Commissioner Schroeder motioned to recommend approval of the rezoning.
Commissioner Strong seconded the motion, motion passed (7-0).
93
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 22" day of May, 2008
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
94
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 A-OR Agricultural-Open
Residential:
3 1.29 Acres
James Erwin Survey, A- 1 19
College Station, Brazos County, Texas
Being all that certain tract or parcel of land lying and being situated in the James Erwin Survey,
A-1 19, Brazos County, Texas and being a part of the 208.523 acre tract described in the deed
from Bandura Corporation to Indivisa Corporation recorded in Volume 3812, Page 320
(0.R.B.C) and being more particularly described by metes and bounds as shown in Exhibit "B"
and graphically shown in Exhibit "H".
The following property is rezoned from A-0 Agricultural-Open to A-OR Agricultural-Open
Residential:
3.95 Acres
James Erwin Survey, A- 1 19
College Station, Brazos County, Texas
Being all that certain tract or parcel of land lying and being situated in the James Erwin Survey,
A-1 19, Brazos County, Texas and being a part of the 208.523 acre tract described in the deed
from Bandura Corporation to Indivisa Corporation recorded in Volume 38 12, Page 320
(0.R.B.C) and being more particularly described by metes and bounds as shown in Exhibit "C"
and graphically shown in Exhibit "H".
The following property is rezoned from A-0 Agricultural-Open to A-OR Agricultural-Open
Residential:
3.49 Acres
James Erwin Survey, A- 1 19
College Station, Brazos County, Texas
95
ORDINANCE NO. PAGE 3
Being all that certain tract or parcel of land lying and being situated in the James Erwin Survey,
A-1 19, Brazos County, Texas and being a part of the 208.523 acre tract described in the deed
from Bandura Corporation to Indivisa Corporation recorded in Volume 3812, Page 320
(0.R.B.C) and being more particularly described by metes and bounds as shown in Exhibit "D"
and graphically shown in Exhibit "H".
IV.
The following property is rezoned from A-0 Agricultural-Open to R-1B Single Family
Residential:
1 8.59 Acres
James Erwin Survey, A-1 19
College Station, Brazos County, Texas
Being all that certain tract or parcel of land lying and being situated in the James Erwin Survey,
A-1 19, Brazos County, Texas and being a part of the 208.523 acre tract described in the deed
from Bandura Corporation to Indivisa Corporation recorded in Volume 38 12, Page 320
(0.R.B.C) and being more particularly described by metes and bounds as shown in Exhibit "E"
and graphically shown in Exhibit "H".
The following property is rezoned from A-0 Agricultural-Open to R-1B Single Family
Residential:
5.89 Acres
James Erwin Survey, A- 1 19
College Station, Brazos County, Texas
Being all that certain tract or parcel of land lying and being situated in the James Erwin Survey,
A-1 19, Brazos County, Texas and being a part of the 208.523 acre tract described in the deed
from Bandura Corporation to Indivisa Corporation recorded in Volume 3812, Page 320
(0.R.B.C) and being more particularly described by metes and bounds as shown in Exhibit "F"
and graphically shown in Exhibit "H".
VI.
The following property is rezoned from A-0 Agricultural-Open to R-1B Single Family
Residential:
67.60 Acres
James Erwin Survey, A- 1 19
College Station, Brazos County, Texas
96
ORDINANCE NO. PAGE 4
Being all that certain tract or parcel of land lying and being situated in the James Erwin Survey,
A- 1 19, Brazos County, Texas and being a part of the 208.523 acre tract described in the deed
from Bandura Corporation to Indivisa Corporation recorded in Volume 3812, Page 320
(0.R.B.C) and being more particularly described by metes and bounds as shown in Exhibit "G"
and graphically shown in Exhibit "H".
97
ORDINANCE NO. EXHIBIT "B" PAGE 5
FIEl,D NOTES
I'IIOPOSIZD A-011 ZONING DISI'IZICT
3 1.29 ACRES
Being all that certain tract or parcel of land lying ancl being siti~atcd in tlie JAMES ERWIN
SURVEY, A-l 19, Rrazos Cot~nty, Texas ant1 being a part of the 208.523 acre tract described in
tlic deetl from Randura Corporation to Indivisa Corporation recordcd in Voliuiic 38 12, Page 320
(O.11.R.C.) aricl being more partic~~larly described by metes and bounds as Ibllows:
I3EGINNING: at tlie west corner ol' tlie said 208.523 acrc lract, said corner dso mnrking an
intcrnal ell-corner in thc northeast right-of-way linc of a County lioad callecl Walnut Road
(basctl on a 40' \\~idtli);
TI-IENCE: N 41" 14' 07" E along [lie nortli\vest line of tlic bchrcmentioncd 208.523 acre tract
for a tlistarlce of 93.34 feel to tlic east corncr of a 0. I5 l acre Walnut Road riglil-of-way
tlcrlication as slio\\n o~i the before~iientionetl Q[J/\11. RUN ES'rA'I'ES 1'1-IASI', I subdivision plat
as recordccl in Volumc 35 1, Page 565 oftlic Brnzos Co~~nty Deetl Records (I3.C.D.Ii.);
'I'IIENCI;: N 43" -50' 43" E contini~ing along the saicl nor~liwest line of tlic 208.523 acrc tract and
tlie southeast line of said QUAII, RUN ESTATES, 1'1-IAS13 I for a distance of 826.03 fecl For
cor~icr. said comer marking llic west corner ofGI<EA'r OAKS SUBDIVISION, PI-IASE ONE as
recortlcd ill Volunzc 41 50, Page 290 (O.R.B.C.);
'I'IIENCE: along the southwest lint ol'said GREA'r OAKS SURDIVISION, I'I.IASE ONE for
the [bllo\ving thirty-three (33) calls:
I ) S 46" 00' 17" 1: for a tlistance of 470.00 I'cet for corner;
2) N 43" 50' 43" E for a distance 01'70.24 kct Ibr corner:
3) N 8S0 44' -12" E Ibr a dis~ancc of50.00 Iect for cor~icr;
4) S 46" 21' 20" E for a dis~ii~ice of 134.7 1 feet for corner:
5) S 43" 38' 40" W Ihr a distancc 01'337.82 ltet lor corner;
6) S 58" 3 1' 24" E for a tlista~lcc ol' 153.45 li'et for collier;
7) S 31" 01'43" E li>r a tlistancc of 119.82 I'ect lor corncr;
8) S 2 1" 30' 33" E Ibr a clistancc of 125.64 fect Ihr corner;
0) S 08" 46' 25" E Sor a dis(a11cc of55.68 feet for corncr:
10) S 46" 17' 2 I" I: for a tlistancc of 74.57 lket for corner;
11)s 14" 48' 13" 1; for a tlistance of 213.25 fcel for comcr;
12) S 2S0 13' 28" W for a distance of28.96 feet for corner;
13) S 06" 17' 39" I Sor a distance of64.03 feet for corner;
14) S 32" 33' 2 1 " E I'or a tlistance of 63.64 lkct for corncr;
15)s 01" 54' 21" W I'or a distancc of49.58 feet for corner:
16) S 33" 36' 28" 1: lor a distance of98.55 fcet for co~ net.;
17) S 15" 18' 52" E hr a tlistancc of 87.02 feel fix corner;
IS) S 6 lo 28' 13" E l'or a tlista~icc ol'64.90 l'eet k)r corncr;
19) S 28" 5 1' 40" I? for a distance 01'54.88 feet for corner;
20) S 60" 09' 02" E for a distance of89.23 feet for corncr;
21) S 08" 40' 58" E for a distance of 72.84 fcet I'or corncr;
23) S 4 lo 06' 16" E Sor a tlistance of 34.36 fcct for corlicr:
23) N S I" 42' 09" E for a tlista~ice of 66.96 feet for corncr;
24) S 17" 01' 37" E Sor a distancc ol'76.08 feet for corlicr;
25) S 44" 05' 02" E hr ;I dist;~~ice 0S56.04 ltet for corner;
26)s 74" 38'40" E for a tlistance 01'64.82 feet for cor~lc~.:
27)s 38" 00' 14" E Ibr a distance of52.24 fcet for col-licl.;
28) S 05" 29' 1 1" 13 tbr a tlista~icc of 56.06 feet for corlier;
29) S 63" 18' 50" E for a tlistance of47.38 l'cct li>r corner:
30) S 22" 56' 48" E for a t1ist:ince of 146.15 fcet for corlicr;
3 1 ) S 7.5" 35' 40" W Ibr a distance of 105.23 feet lor comer;
32) N 44" 43' 14" W lbr a tlistancc of 1 10. I8 See1 for corncr;
33)s 23" 27' 07" W for n distancc of 147.76 f'ect for corner in tlic northeast li~ic of tlie M.S.
Kavanaugli 104.92 acrc tract described in Volume 437, Pagc 581 (D.C.D.R.);
98
ORDINANCE NO. PAGE 6
TI-IENCE: N 46" 21' 20" W along the coninion line bctween the said Kavanaugh land and the
southwest line of the said 208.523 acre tract for a distance of 1689.12 feet to the east corner of
Lot 9, I-IOLT I-TILLS Subdivisio~~ as recol-ded in Volume 261, Page 887 (B.C.D.R.);
TI-IENCE: N 46" 38' 45" W continuing along said soutli\vest line for a distance of 626.69 feet to
the I'OINT OF BEGINWING and containing 3 1.39 acres of land, more or less.
99
ORDINANCE NO. EXHIBIT "C" PAGE 7
FIELD NOTES
PROPOSED A-OR ZONING DISTRICT
3.95 ACRES
Being all that certain tract or parcel of land lying and being situatcd in the JAMES ERWIN
SURVEY, A-1 19, Brazos County, Tcxas and being a part of tlie 208.523 acre tract described ill
tlie deed from Bandura Corporation to lridivisa Corporatio~i r.ecorded iri Voliumc 3812, Page 320
(O.R.B.C.) and being more parlicularly clescribed by mctcs arid bou~icls as Iollows:
BEGINNING: at tlic nortli corner of Lot 8, Blo~li 4 GREAT OAI<S SUBDIVISION, I'IIASE
ONE as rccortlecl in Volu~iie 41 50, Page 296 (O.R.B.C.), said corner also being in tlie northwest
line of the said 208.523 acre tract a~id marking tlie common most southerly comer of Lots 9 and
12, Blocli Two QUAII, RUN ITSTATES, PI-IASE I sirbcli\lision plat as recorded in Volumc 35 1.
Page 565 of the Brazos County Dccd liecorcls (I3.C.D.R.);
TI-IENCE: N 43" 50' 43" E along tlie common line of the said 208.523 acre tract and said Block
Two QUAII, RUN ES'I'ATES, PI-IASE I subdivisio~i Ibr a distance of379.95 fcct for corner.;
TI-IENCE: S 40' 50' 06" E into thc interior of the said 208.523 acre tract for n distancc of52 1.70
feet to tlie nortli comer of Lot 2, Block 5 of said GREAT OAKS SUBDIVISION;
TI-IENCE: along tlie north linc of tlie bchresaicl GREAT OAKS SUBDIVISION lor the
following six (6) calls:
1 ) S 43" 38' 40" W for a distance of270.SG feet for comer,
2) 119.05 Seet in a counter-clockwise direction along tlie arc of a curve lia\ling a central
angle of 12" 44' 5SU, a radius ol' 535.00 l'ecl, a tangcnt oS 59.77 fecl and a long chord
bearing N 52" 43' 49" W at a clistance ol' 1 18.80 I'ect lor comcr,
3) N 1 5" 37' 38" W for a distancc of50.00 Seet for col.ncr,
4) N 60" 48' 5 1 " W Tor a distancc oT70.00 lket for corner,
5) S 29" 1 1 ' 09" W l'or a distance ol'56.64 feet lor corner and
6) N 46" 09' 17" W lor a distance of 305.92 lket lo tlie POINT OF BEGINNING and
containing 3.95 acres of land, morc or less.
100
ORDINANCE NO. EXHIBIT "D" PAGE 8
FIELD NOTES
PROPOSED A-OR ZONING DISTRICT
3.49 ACRES
Bcing all that certain tract or parcel of la~~cl lying a~icl being situated in tlie JAMES ERWIN
SURVEY, A-1 19, Brazos County, Texas and being a part of tlie 208.523 acre tract described in
thc deed li-om Bandura Col-poration to Indivisa Corporation recordecl ill Volunie 38 12, Page 320
(O.R.B.C.) and being more particularly dcscribcd by rnctcs and bounds as follows:
BEGINNING: at the south comer of Lot 7, Block 5 GREA'T' OAKS SUBDIVISION, PI-IASE
ONE as recot-cled in Volume 4150, Page 296 (O.R.B.C.), said corner also being in the east right-
of-way line of Great Oaks Drive (based on a 70' width);
TI-IENCE: N 62" 20' 46" E along tlie south line ol' said Lot 7, Block 5 l'or a distance of 193.57
fcet for corner;
1'1-IENCIZ: through tlie said 208.533 acrc tract for the Sollowing fo~u. (4) calls:
1) S 24" 26' 36" E for a distance oS 100.00 Sect lor comer.
2) S 77" 3 1' 53" E for a distance of 150.00 lect for corner,
3) S 09" 28' 43" E I'or a distance 01'235.1 0 fcet for cornc~ and
4) S 1 1 " 16' 18" W lor a distalice 01-24 1.97 fcet for corncr in thc north line ol' Lot 9, Block 3
of said GREAT OAICS SUBDIVISION;
TI-IENCE: N 78" 43' 42" W along tlie north line of said 1,ot 9, Block 3 for n distance of 273.81
feet for corlier in the said east right-of-way line of Great Oaks Ilrive:
TI-IENCE: alo~ig the belbresaid east line of Great Oaks Drive for the follo\ving three (3) calls:
1) N 11" 16' 18" E for a clistance oi' 33.49 feet to the Point ol' Curvature ol' a curve to the
left;
2) 301.20 feet along the arc of said curve having a ce~itral angle of 35" 34' 59", a radius of
485.00 feet , a ta~igei~t of 155.64 feet and a long chorcl bearing N OGo 3 1' 11" W at a
clistancc 01'296.39 leet to the I'oinl oSTangency;
3) N 24" 18' 41 " W for a distance of 133.81 I'cct to tlic POINI' OF BEGINNING and
contai~iing 3.49 acres of land, niorc or less.
101
ORDINANCE NO. EXHIBIT "E" PAGE 9
FIELD NOTES
PROPOSED It-1 B ZONING DISTRICT
18.59 ACRES
Being all that certain tract or parcel of land lying and bcing situated in tlie JAMES ERWIN
SURVEY, A-1 19, Brazos County, 'l'exas and being a part of tlic 208.523 acre tract described in
the deed from Bandura Corporation to Inclivisa Corporation l.ecordcd in Volume 3812, I'age 320
(O.R.B.C.) and being more particularly described by nictcs and bo~lllds as foIIo\vs:
BEGINNING: at tlie north comer 01' Lot 2, Blocli 5 GREAT OAKS SUBDIVISION, PIIASE
ONE as recorded in Volume 4150, Page 296 (O.R.13.C.);
TI-IENCE: N 40" 50' 06" W for a clistance 01.521.70 I'et lor corner in tlie nortliwest line of the
beforesaid 208.523 acre tract, said lilic also being tlie southeast line of the Quail Run Estates,
Pliase I Subdivision as recorded in Volume 351, Page 565 of tlie Brazos County Dced Recorcls
(B.C.D.R.);
TI-IENCE: N 43" 50' 43" E along said nortliwest line l'or a clisla~ice 01'624.84 feet for corlier;
TI-IENCE: into the interior ol'tlie said 208.523 acre tract for [lie following IiStecli (15) calls:
1) S 46" 09' 17" E lor a distance 01' 180.26 l'ect Sol. comer,
2) S 34" 12' 14" G I'or a distancc ol' 82.04 reel SOIS corncr,
3) S 47" 57' 36" E for a distance 01'279.44 feet I'or corner,
4) S 44" 53' 28" E for a distance 01'243.47 Scet for comer,
5) S 23" 53' 12" E Ibr a distancc oS238.83 ltct lor corner.
6) S 32" 09' 46" E for a clistance of 85.80 fect for cornc~.,
7) S 50" 01' 35" W lor a distance of 100.00 Iket I'or corner,
8) 104.71 fecr in a clocltwise dircction along the arc of a curve having a ce~itral angle 01'80"
11' 03", a radius 01'74.82 fecl, a tangcnt of62.98 Ieet arid a long chord bearing S 09" 04'
22" W at a distaticc 01'96.37 Ieet to the I'oint ol'Tangency,
9) S 49" 09' 54" W lor a tlistance 01' 105.00 lket for comer,
10) S 40" 50' 06" E for a distalice ol'3 12.48 Ieet for comer.
I 1) S 07" 16' 04" E for a distance 01'39.62 feet I'or corncr,
12) S 62" 05' 35" W for a clistance of 159.97 feet for corner,
13) 35.99 feet in a clocltwise dircction along the arc ol'a curve having a central angle ol'06"
51' 25", a radius of 300.74 feet, a taligent 01' 18.02 feet alid a lolig chord bearing N 44"
18' 14" W at a distance 01'35.97 Iket to tlie I'oint ofTangency,
14) N 4 1" 20' 34" W lor a distance oS36.63 f'eet lor corncr and
15) S 49" 09' 54" W for a clistallce of 139.68 feel Ibr corncr in [lie northeast linc of Lot 6,
Block 5 ol'said GREAT OAKS SUBDIVISION:
TI-IENCE: N 40" 50' 06" W alolig tlie northeasl linc of said Block 5 Sor a distance or 812.49 lee1
LO tlie POINT OF BEGINNING and containing 1 8.59 acres of land, more or less.
102
ORDINANCE NO. EXHIBIT "F" PAGE 10
FIELD NOTES
PROPOSED R-1 I3 ZONING DISTRICT
5.89 ACRES
Being all that certain tract or parcel ol' I;und lying and being situated in tlie JAMES ERWIN
SURVEY, A-1 19, Brazos County, Tcxas and being a par1 ol'the 208.523 acre tract described in
tlie deed from Bandul-a Corporation to Indivisa Corporatio~i recorded in Volume 38 12, Page 320
(O.R.D.C.) and being more pa~~icularly described by nictes and bounds as follo\vs:
BEGINNING: at the common linost southerly corner of 1,ots 18 and 22, Block Two of tlie
QUAIL RUN IZSTATES, PI-IASE I subdivision plat as recordcd in Voluliie 35 1. Page 565 of the
Brazos Co~tnty Deed Records (R.C.D.R.), said corner also being in tlie northwesl line of tlie said
208.523 acre tract;
7'1-IENCE: N 43" 50' 43" E along tlie common line of tlie said 208.523 acre tract and said
QUAII, RUN ESTATES, PI-IASE 1 subdivision fbr a distance of608.94 feet Sol- conies;
TI-IENCE: into llie interior ofthe said 208.523 acre tracl Ibr llie following len (I 0) calls:
1) S 50" 03' 58" E for a distance of 130.30 feet for coriier,
2) S 10" 27' 59" E lor a distalicc of 126.55 feet lbr cor~icr,
3) S 52" 27' 58" E for a distance of 104.70 feet Ibr corner,
4) S 25" 29' 00" W fbr a distance oi'240.00 rect I'ol cosner,
5) S 02" 35' 34" E Tot a clista~~ce of 220.56 feel for comer,
6) S 43" 46' 58" W Ibr a distance of 78.78 fket for col.lier,
7) N 68" 10' 3 I '' W for a distancc 01' 159.48 feet for col.ncr,
8) N 58" 45' 15" W for a distance oi'80.39 Iket for corner,
9) N 53" 05' 38" W for a distance of 167.06 fie1 for corner mid
10)N 45" 58' 36" W for ti distance of 180.22 feel to the POINT OF BEGIh'NINCi ancl
containing 5.89 acses ol'latnd, n~orc or less.
103
ORDINANCE NO. EXHIBIT "G" PAGE 11
FIELD NOTES
PROPOSED I<-ID ZONING DlSTlllCT
67.60 ACRES
Being all that certain tract or parccl of land lying and being siti~ated in tlie JAMES ERWJN
SUI<VEY. A-l 19, Brazos County. Texas and being a part of tlie 208.523 acrc tract described in tlie
deed lio~n Bantlura Corporation to Inclivisa Corporation recorded in Volume 3812, Pagc 320
(O.R.R.C.) and bcing morc particularly described by mctes and bounds as follows:
REGINNING: at ~lic ~iortli corner of the said 208.523 acre tract, the east corncr of a coi~nty road
kno\vn ns Feather Ru~i [bascd on a 60-hot width right-olhvay dcscribetl on the Quail 1Zi1n Estates,
Phase I plat recorded ill Volu~iie 35 1, I'agc 565 of tlic I3razos County Decd Records (I3.C.D.R.)1,
saitl corncr also being in tlic soutliwcst line of the John Kemp ct us 20.305 acrc tract tlcscril~cd in
Volu~ne 3561, Page 86 (O.R.R.C.);
TI-II'NCE: along the nortlieast line of the beforesaid 208.523 acre tract for tlie following four (4)
calls:
I) S 45" 3 I' 57" E for a distancc of604. I 8 fect lor corner,
2) S 46" 46' 33" 1' for a distance ol' 1 139.74 fcet for corncr,
3) S 45" 08' 21" 17 for a clistance of332.50 I'cet for corner and
4) S 46" 05' 45" E for a tlistance 01'472.5 I fcet to tlie east corner ol'the said 208.533 acre tlxct;
TI-ILNCE: S 43" 46' 58" W along thc sot~tlicast line of said 208.523 acre tract Ibr a distance of
2379.3 1 feet for corncr:
TI IENCE: into the interior oftlie said 208.523 acre tract Ibr tlie Ihllowing twcnty-one (?I) calls:
I) N 00" 39' 39" W for a distance of 247.42 feet for corner,
2) N 40' 35' 07" E for a tlistance of71.09 feet for corner,
3) 133.69 fect in a clockwise direction along tlie arc ol'n curve having a ccntlxl anglc of 153"
11' 51". n radius ol'50.00 feet, il tangent of 209 86 Ikct and a long chord bearing N 37" 1 I'
02" E at n distance of97.28 fcct for corner,
4) N 13' 44' 15" lV for a distancc 01' 145.10 feet lor corncr,
5) N 36" 17' 3 1" W for a tlistance of 139.14 lbet for corncr.
6) N 24" 54' 00" E for a distance of 46.37 I'cc~ for corner.
7) N 57" 2 I' 58" W Ibr a tlistarice of 92.90 fcet for corner,
8) 162.24 feet in a counter-clockwise direction along tlic arc ofa curvc having a central anglc
ol'21° 37' 05".a radius of430.00 feet, a tangcnt of 82.10 I'ect and a long cliord bearing N 21"
49' 29" E at a distance of 161 .28 feet to tlie Point ofTangency,
9) N 1 lo 00' 56" li lor a distance of271.83 feet to tlic I'oi~it of Curvature ol'a curve to thc left,
10) 182.13 feet along tlic arc of said cirrve Iiavi~ig a ccntral angle of 18" 58' 24",n radius of
550.00 feet ,a tangent 01'91.91 feet and a long chord bearing N 01" 31'44" Eat a tlistancc oT
181.30 Seet Lo the I'oi~it ol'Tangcncy,
1 l)N 07" 57' 28" 14' for a tlistance 01'514.76 feet to tlie Point of Curvature ofa curve to tlie Icli,
12)79.47 feet along the arc ofsaitl curve having a cc~itral angle of09" 0G124",a radius of 500.00
fcct .a tangent of 39.82 I'eet and a long chortl bearing N 12" 30' 40" W at a distance of 79.39
fect to tlie Point of Tangency,
13)N 17" 03' 52" W for a distance of 383.67 feet to thc Point of Curvati~rc of a curve to tlie
right,
14) 268.64 fcet along tlie arc of said curve having a central angle of 30" 47' 03",a ratlii~s of
500.00 fcct ,a tangent of 137.65 feet and a long cl~ord bearing N 01" 40' 21" W at a distance
of265.42 feet to tlie Point ofTange~icy,
15) N 13" 43' 1 I " E for a distance of 87.63 Iket to tile Point of Curvature ofa curve to tlie I igllt,
16)299.08 fcet along thc arc of said curve l~a\~ing n ccntral angle 01' 30" 03' 47",a radius of
570.00 feet ,a tangent of 153.07 feet and a long chord bearing N 38" 45' 04" B at a distance
of 295.66 feet to the I'oint ofTangency,
17) N 43" 46' 58" E for a distance of 70.50 feet for corncr,
18) N 46" 13' 02" W for a distance of 129.4 1 fect for corncr,
19) N 72" 48' 16" W for a tlistance of 179.75 fcet Ibr corncr,
20) N 09" 27' 15" W for a tlista~icc of 142.17 feet for corncl. ant1
104
ORDINANCE NO. PAGE 12
21)N 50" 17' 13" W for a distalice o-T 130.34 feet for corner in the north~vest line of [lie said
208.523 acre tract, said line also being common wit11 the southeast line of the
beforen~entioned QUAII, RUN ESTATES, PI-IASE I Subdivision;
THENCE: N 43O 50' 43" E lor a distance ol' 238.51 feet to tlle POINT OF BEGINNING and
containing 67.60 acres of land, more 01- less.
105
106
May 22, 2008
Regular Agenda Item 2
Comprehensive Plan Amendment for 1250 Harvey Mitchell Parkway
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 Industrial /
R&D to Residential Attached for 6.2 acres located at 1250 Harvey Mitchell Parkway generally
located at the southwest corner of the intersection of Harvey Mitchell Parkway and Luther
Street West.
Recommendation(s): The Planning and Zoning Commission voted 5-2 to recommend
approval at their May 1st meeting. Staff recommended denial of the request.
Summary:
1. Changed or changing conditions in the subject area or the City: With the
adoption of the Comprehensive Plan in 1997, the subject and adjacent property to the
south were designated as Texas A&M University, which is for properties owned by the
University. With the Comprehensive Plan Land Use Map clean-up in 2004, the subject
property was designated correctly as Industrial / R&D in connection with the other
properties on the west side of Harvey Mitchell Parkway, a highway on the Thoroughfare
Plan. In July 2006, the Council approved a land use amendment from Industrial / R&D
to Residential Attached for the development known as 2818 Place. With the adjacent
property to the south approximately 10.5 acres of Industrial / R&D is still contiguous in
this area. In March 2007, Council approved a land use amendment known as the Luther
Area Plan which changed Single Family Residential High Density to Residential Attached,
Planned Development and Retail Neighborhood. Part of the purpose of that amendment
was to match the land use designation to the existing development. Prior to the
adoption of the UDO in 2003, rezonings were not required to be in compliance with the
Comprehensive Plan.
In October 2007, the City installed traffic signals on Harvey Mitchell Parkway at the
intersections with Luther Street West and Holleman Drive. Though the subject property
is near the Luther Street West intersection, the property at the intersection is owned by
Texas A&M University. In communication with the Real Estate office for the Texas A&M
University System, Staff was informed that access would not be granted through the
A&M property since it already has access directly to Harvey Mitchell Parkway. If that
remains, the subject property will only access Harvey Mitchell Parkway but at a non-
signalized location.
2. Compatibility with the remainder of the Comprehensive Plan: As stated by the
Comprehensive Plan, the Residential Attached land use designation “contains exclusively
multi-family residential developments, with densities ranging from 10 to 20 dwelling
units / acre.” The subject property is located near TAMU and Comprehensive Plan
policies support the development of multi-family for the student population near TAMU.
The Industrial / Research & Development designation is for “medium to large-scale
development of tax-generating developments such as industrial/R&D parks, technology
107
centers, clean manufacturing, and assembly/distribution. These developments are very
dependent upon good access to highways, rail lines, and/or airports.” The subject
property is located on a highway and is near the airport. As for location in general, the
subject property meets the desired proximity for both the Residential Attached and
Industrial / R&D land use designations.
The Comprehensive Plan also asks that “adequate amounts of appropriately zoned land
for all necessary types of land uses in an efficient, convenient, harmonious, and
ecologically sound manner” be provided. The Residential Attached developments built in
the area over the last decade have been located on the east side of Harvey Mitchell
Parkway, which has a right-of-way width of over 330 feet. On the west side of Harvey
Mitchell Parkway, the aforementioned 2818 Place multi-family development is currently
under construction.
In general, an Industrial / R&D land use designation would allow for a C-2 Commercial-
Industrial, R&D Research & Development, M-1 Light Industrial, or M-2 Heavy Industrial
zoning district depending upon the area. The subject property abuts the Texas A&M
Poultry Science Center to the west (see Figure 1) and a Texas A&M sanitation area to
the south (see Figure 2). Figure 3 is a view of the property from Harvey Mitchell
Parkway in which storage in the sanitation area and activities of the Brayton Fire School
can be seen in the background. Though multi-family developments have been
constructed in the area, none are directly adjacent to these Texas A&M uses.
Though zoned C-U College and University, if owned privately, the Poultry Science Center
and sanitation area are industrial in nature and would likely be zoned M-1 or M-2.
According to the UDO, M-2 uses are not compatible with residential uses of any density,
or even lower intensity commercial uses. The addition of multi-family units in closer
proximity to the airport and these intense uses is not appropriate and could compromise
the quality of life that residents of such a development would enjoy.
Figure 1: Texas A&M Poultry Science Center northwest of property.
108
Figure 2: Texas A&M sanitation area west of property.
Figure 3: Property from Harvey Mitchell Parkway with Texas A&M uses in background.
The City has grown substantially since the Comprehensive Plan was adopted in 1997
which is why the effort to update it is underway. Though conditions have changed
109
significantly in some areas of the City we are still within the 20 year planning horizon
the Plan anticipated. Within this area (west of Wellborn Road and north of Harvey
Mitchell Parkway), over 30 acres of land is designated as Residential Attached but still is
undeveloped. Over the past 4 years, more than 1,500 new multi-family units have been
added to the City bringing the total number of multi-family units to almost 19,000 (55%
of all housing units). In addition, over 1,000 more multi-family units have been
approved or are under construction. There are about 1,400 acres in the City designated
as Industrial / R&D. Not including C-2 zoning districts, approximately 470 acres is
currently zoned for industrial uses with only about 45 acres remaining when City owned
and University owned property are excluded.
Beyond these considerations, the subject property poses some concerns with limited
access. The property does not have access to the signalized intersection with Luther
Street West and unless resolved will only have access directly to Harvey Mitchell
Parkway at an unsignalized location. Given the acreage of the property, a R-3 zoning
would allow 86 units, R-4 would allow 124 units and R-6 would allow up to 186 units.
Given the potential traffic generated from any of these scenarios, it appears that a non-
residential use would generate less traffic and maintain greater safety along this portion
of Harvey Mitchell Parkway.
Budget & Financial Summary: N/A
Attachments:
1. Aerial and Small Area Map (SAM)
2. Draft Planning & Zoning Commission Meeting minutes, May 1, 2008
3. Ordinance
4. Letter from Texas A&M University
110
111
112
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, May 1, 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: John Crompton
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, Assistant Director Lance Simms,
First Assistant City Attorney Carla Robinson, Action Center Representative Carrie
McHugh and Staff Assistant Brittany Caldwell
1. Call Meeting to Order.
Chairman Nichols called the meeting to order at 7:05 p.m.
2. Hear Citizens.
None
3. Public hearing, presentation, possible action, and discussion regarding an
amendment to the Comprehensive Land Use Plan from Industrial / R & D to
Residential Attached for 6.2 acres located at 1250 Harvey Mitchell Parkway
generally located at the southwest corner of the intersection of Harvey Mitchell
Parkway and Luther Street West. Case #08-500080 (JS)
Jason Schubert, Staff Planner, presented the Comprehensive Plan Amendment
and recommended denial.
There was general discussion regarding the Comprehensive Plan Amendment.
Chairman Nichols opened the public hearing.
113
Phyliss Young, 4101 S. Texas Avenue Ste B, stated that she was representing the
owners. She said the owners have been trying to sell the property since 1999, but
the City will not support the rezonings that are proposed.
Eric Mach, Tucker Mach Development, stated that the strip of land at the front of
the property is owned by Texas A&M and is not for sale. He also said that he
asked A&M for potential access to Luther Street West and they said that should
not be a problem. He said that he does not believe there will be enough units to
require two accesses, but that both the Harvey Mitchell Parkway and Luther
Street West access will be pursued.
Mr. Schubert said that he spoke with A&M and they said that they would not
grant access to Luther Street West, especially if the property was developed as
residential.
Ervin Williams, owner, stated that he does not understand why he does not have
access to Luther Street West.
Chairman Nichols closed the public hearing.
Commissioner Davis expressed concern about traffic safety.
Chairman Nichols expressed concern about the proximity to the poultry farm and
industrial area behind the property.
Commissioner Strong said that the residential development behind Home Depot is
similar to this proposal because of the waste/water treatment plant that is located
close to the condos.
Commissioner Dictson motioned to recommend approval of the
Comprehensive Plan Amendment. Commissioner Strong seconded the
motion, motion passed (5-2). Chairman Nichols and Commissioner
Schroeder were in opposition.
114
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 1250 HARVEY MITCHELL PARKWAY,
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 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.
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 22nd day of May, 2008.
ATTEST:
City Secretary
APPROVED:
APPROVED:
MAYOR
115
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 6.2 acres generally located at 1250 Harvey Mitchell Parkway is amended from
Industrial/R&D to Residential Attached, as shown on the attached Exhibit "B".
116
ORDINANCE NO.
EXHIBIT "B"
Page 3
117
May 22, 2008
Regular Agenda Item 3
Rezoning for BCS Development Tract
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding
a rezoning of 71.09 acres from A-O Agricultural-Open to R-1 Single Family Residential for
the property located at 450 William D. Fitch Parkway, generally located southwest of the
intersection of Barron Road and William D. Fitch Parkway.
Recommendation(s): The Planning & Zoning Commission heard this item on May 1,
2008 and unanimously recommended approval of the rezoning with a vote of 7-0. Staff also
recommended approval of the rezoning 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 Comprehensive Plan was recently
amended to reflect Single Family Residential, Medium Density and Floodplains & Streams
for this property and the R-1 Single Family Residential zoning district is an appropriate
district to implement the Land Use Plan. While there is no FEMA floodplain on this
property, the land designation was assigned to the areas found on the Land Use Map to
reflect the low elevations of an existing creek.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: Over the past few years, this area has
experienced the development of several medium density residential developments
including the Castlegate, Castlerock, Edelweiss Gartens, Sonoma, and Southern Trace
Subdivisions. The proposed zoning request would continue the pattern of single family
residential development along this section of William D. Fitch Parkway.
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 single family homes to be built at a medium density which is in
keeping with the Comprehensive Plan and many surrounding newly developed
properties. The medium density development would allow a transition from William D.
Fitch Parkway, a highway on the City’s Thoroughfare Plan to low density residential
further south. The subject request is also sensitive to the existing creek found between
the two areas being rezoned. That area will remain A-O to prohibit development near
the creek.
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 properties located along highways; however,
the A-O designation will remain for the portion of the larger tract that is classified as
118
Floodplains & Streams. There is no FEMA floodplain on this property, but the areas
surrounding the creek on the property will remain A-O to prohibit development near
such low areas.
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 proposed rezoning for the subject property would allow the property owner to
market single family homes as recommended by the Comprehensive Plan Land Use Plan
rather than acreage lots as permitted by the current zoning district.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There is an existing 15-
inch sanitary sewer main available to serve this property. Water mains will need to be
extended in order to provide service to the property. Drainage is mainly to the north
within the Spring Creek basin. All utilities shall be designed in accordance with BCS
Unified Design Guidelines at the time of Platting and Site Development.
Budget & Financial Summary: None.
Attachments:
1. Small Area Map
2. Draft Planning & Zoning Commission Meeting minutes, May 1, 2008
3. Ordinance
119
Zoning Districts
A – O Agricultural OpenA – OR Rural Residential SubdivisionR – 1 Single Family ResidentialR - 1B Single Family ResidentialR – 2 Duplex Residential
WPC Wolf Pen Creek Dev. CorridorNG – 1 Core NorthgateNG – 2 Transitional NorthgateNG – 3 Residential NorthgateOV Corridor OverlayRDD Redevelopment DistrictKO Krenek Tap Overlay
C – 3 Light CommercialM – 1 Light IndustrialM – 2 Heavy IndustrialC – U College and UniversityR & D Research and DevelopmentP-MUD Planned Mixed-Use DevelopmentPDD Planned Development District
R – 3 TownhouseR – 4 Multi-FamilyR – 6 High Density Multi-FamilyR – 7 Manufactured Home ParkA – P Administrative/ProfessionalC – 1 General CommercialC – 2 Commercial-Industrial
120
May 1, 2008 P&Z Regular Meeting Minutes Page 1 of 1
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, May 1, 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: John Crompton
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, Assistant Director Lance Simms, First Assistant City
Attorney Carla Robinson, Action Center Representative Carrie McHugh and Staff Assistant
Brittany Caldwell
4. Public hearing, presentation, possible action, and discussion regarding a rezoning of
71.09 acres from A-O Agricultural-Open to R-1 Single-Family Residential for the
property located at 450 William D. Fitch Parkway, generally located southwest of the
intersection of Barron Road and William D. Fitch Parkway. Case #08-00500035 (CH)
Crissy Hartl, Staff Planner, presented the rezoning and recommended approval.
Commissioner Dictson asked if floodplain and streams goes through the property.
Carol Cotter, Acting Development Engineer, stated that the stream is not FEMA
regulated floodplain, but there is floodplain associated with the stream.
Chairman Nichols opened the public hearing.
Dale Brown, McClure and Brown, stated he was available for questions.
Chairman Nichols closed the public hearing.
Commissioner Sanford motioned to recommend approval of the rezoning.
Commissioner Schroeder seconded the motion, motion passed (7-0).
121
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,"
SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT
BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning
Map," of the Code of Ordinances of the City of College Station, Texas, be amended
as set out in Exhibit "A", attached hereto and made a part of this ordinance for all
purposes.
PART 2: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this 22"d day of May, 2008.
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
122
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 property is rezoned from A-0 Agricultural-Open to R-1 Single Family
Residential:
19.12 Acres
Robert Stevenson Survey, A-54
College Station, Brazos County, Texas
Being all that certain tract or parcel of land, lying and being situated in the Robert Stevenson
Survey, Abstract No. 54, College Station, Brazos County, Texas and being a part of the 75.07
acre tract described in the deed from Wayne A. Dunlap, et al to BCS Development Company
recorded in Volume 6985, Page 42, of the Official Records of Brazos County, Texas (0.R.B.C)
and being more particularly described by metes and bounds as shown in Exhibit "B" and
graphically shown in Exhibit "D."
The following property is rezoned from A-0 Agricultural-Open to R-1 Single Family
Residential:
5 1.97 Acres
Robert Stevenson Survey, A-54
College Station, Brazos County, Texas
Being all that certain tract or parcel of land, lying and being situated in the Robert Stevenson
Survey, Abstract No. 54, College Station, Brazos County, Texas and being a part of the 75.07
acre tract described in the deed from Wayne A. Dunlap, et al to BCS Development Company
recorded in Volume 6985, Page 42, of the Official Records of Brazos County, Texas (0.R.B.C)
and being more particularly described by metes and bounds as shown in Exhibit "C" and
graphically shown in Exhibit "D."
123
ORDINANCE NO. EXHIBIT "B" PAGE 3
FlUL.13 NO'I'ES
I'I<OI'OSGD R-1 ZONING I)lSTI<lCT
1 9.12 ACKES
Ucing all that cerlain tract or parcel ol' land, lying and being situated in thc lcobcrt Slcvcnson
Survcy, Abstract No. 54, College Station, Brazos County, 'Texas, and bci~lg a part oT the 75.07
acrc tract described in lhc tlccd from Wayne A. Dunlnp, ct a1 to l3CS Ilevelopn~ent Con~pany
recordcd in Volu~uc 6985, I'agc 42. ol' thc Ol'licial I<ccorcIs ol' 13 riizos Coiunly, Tcxas (0.It.B.C.)
and being ~norc particularly dcscribcd by mctes and bounds as follows:
BEGINNING: at thc northwcsl corner of Ilic said 75.07 acre BCS Development Company tract,
said comer also bei~lg in lhc southeast line of thc called 4.00 ncrc Edward E. 'l'homas St-. ct ux
tmct dcscribcd in Volumc 1577, Page 136 (0.It.B.C.) and said corner also being in thc south
right-of-way linc of Slate 1-lighway No. 40;
'I'1IENCI3: along thc said soul11 right-01'-way li~le 01' Slatc 1-liyllway No. 40 Tor thc Sollowing
clevcil(l1) calls:
I) S 5 1 O 24' 07" l2 for a distance oS 1 1.84 lkct for corncr,
2) S 53" 1 5' 4 1 " E Sor a distance of 134.68 feet for conler,
3) S 55" 37' 1 1 " E Tor a distallce 01'2 13.4 1 fcct for comer,
4) S 59" 45' 42" E lor a dislance 01'21 3.41 feel for comer,
5) S 63" 12' 47" G for a dista~lce of 142.29 feet for comer,
6) S 68" 02' 43" E for a dista~~ce of355.54 ket Tor comer.
7) S 74" 26' 54" E lor a distance of 2 13.3 1 fcet for comer,
8) S 78" 20' 3 1" E for a distance of 142.09 I'ect for corner,
9) S 82" 25' 44" 13 Tor a distance of 141.96 Seet for colncr,
10) S 87" 39' 24" E for a distance of 212.50 feet for corner,
11) S 89" 49' 19" E for a distance of 235.00 fcet for corner,
TI-IENCE: through the said 75.07 acre tract I'or the following cight (8) calls:
1) S 57" 17' 58" W for a distance of316.42 feet for comer,
2) N 75" 51' 18" W for a distance of 138.01 feel Sor comer,
3) S 54" 06' 48" W for a distallce of 198.74 Seet for corner,
4) S 42" 12' 36" W lor a distance of 43.12 feet for comer,
5) N 72' 36' 58" W for a distance 01'202.38 Teet for corner,
6) S 45" 20' 27" W ibr a distance of 123.33 feet lor comer,
7) S 1 lo 18' 54" W for a distance of 137.18 feet for cor~~er,
8) S 73" 55' 35" W lor a distance of 270.81 feet for corner it1 the southwest line of the said
75.07 acre tlact,
1'1-1ENCE: alolig Ihe bclbrementioned soulhwesl line lor the lollowing three (3) calls:
I) N 47" 54' 56" W lbr a disldnce of 212.15 Seet for camel.,
2) N 46" 35' 25" W for a distance of 4 15.43 feet for corner ancl
3) N 48" 07' 00" W for a dislnnce of 668.2 1 feet Lo the west corner of Llle said 75.07 acre
tract,
'TI-IENCE: N 42" 02' 47" E for a distance of 369.77 feet to the I'OINT OF BEGINNING and
containing 19.12 acres of land, more or less.
124
ORDINANCE NO. EXHIBIT "C" PAGE 4
F113LD N01'13S
l'I<OI'OSEI~ R- 1 ZONING DISTI<ICT
5 1 -97 ACRES
king all Lhnt certain tract or parccl of land, lying ancl being siluated in Lhc l.<obcrt Stcvcnson
Sul-vcy, Abstract No. 54, Collcyc Station, Urazos Cout~ty, 'l'cxas, allel being a par1 of thc 75.07
acrc tract tlcscribcd in the clcccl li.om Waync A. Dunla11, ct a1 to 13CS Dcvclol)~nent Company
rccorclccl in Volume 6985, I'agc 42, of thc Ol'licial Rccorcls of Bra~os Counly, l'cxas (O.K.13.C.)
and being n1or.c pal.ticularly elescribccl by mcles and bounds as follows:
BEGINNING: at a corncr nlarlting the 11orl11east comer oSL11c said 75.07 acrc 13CS Devclop~llc~lL
Company tracl, said corncr also being in Lhc soutl~~vcst lilnc of tlnc callcd 217.5 acrc Gary
Seaback tract described in Volumc 2597, Page 186 (O.K.U.C.) and said corncr also being in thc
south right-of-way linc or Stale I-Iighway No. 40;
'1'1-IENCE: S 48" 07' 48" E along the common lint of the said 75.07 ancl 217.5 acrc tracts for a
clistmncc oJ'397.31 I'ccl to the cast corner ol'lhe said 75.07 acrc tmct, thc soul11 corncr ol'thc said
217.5 acrc lract nnd said corner also bcing in tllc northwest linc 01 CASTLIXATG
SUUDIVISION, SECTION I1 as rccorded in Vol~~me 5780, Pagc 84 (O.l<.B.C.);
1'1-IENCE: S 42" 41' 10" W along lhe southeast line of Lhe beforcsaid 75.07 acre tract for a
distancc oF2025.47 I'eet lo the sou111 con~er of the said 75.07 acre tract;
TI-1ENCE: along the southwest line of the said 75.07 acre tract Sor the following Sour (4) calls:
1) N 48" 02' 20" W for a dista~~cc oS641.67 feet for colncr,
2) N 40" 10' 25" E for a disla~lcc oF23.02 Sect for comer,
3) N 48O 12' 30" W I'or a dista~lcc of 8 1 1.64 feet Tor corner and
4) N 47" 54' 56" W for a distance of 170.21 feet for corner;
TI-IENCE: tllrough the said 75.07 acre tract for the followi~ig sevcil (7) calls:
1) N 84" 34' 15" E for a distance of 154.44 Scct for corner,
2) N 38" 58' 18" E for a dista~lcc 01263.62 ikel for corner,
3) S 42" 51' 05" E for a distance of 187.37 Sect for conlcr,
4) N 55" 02' 1 8" E Sor a distance of46.15 reet I'or corner,
5) N 43" 56' 02" E for a distance oS295.37 feet for corner,
6) N 78" 07' 03" E for a distance of 127.53 feet for corner and
7) N 6 lo 20' 57" B Sor a distance of 527.20 feel for corner;
'Tl-IENCE: along the said soul11 rigl~[-of-way line of State 1.Iighway No. 40 for thc Sollowiug lllree
(3) calls:
1) N 88" 56' 32" E Sor a distance of 181.17 feet for cor~ler,
2) N 8 8" 37' 36" E for a distailce of 13 1.40 fect for corner alld
3) N 86" 10' 24" E for a distance of 682.97 feet to thc 1'01NT OF BEGINNING and
containi~lg 5 1.97 acres of la~~d, more or less.
125
ORDINANCE NO.
EXHIBIT "Dm
Page 5
126
May 8, 2008
Regular Agenda Item 4
College Main Sidewalks Final Design Presentation
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Improvement Department
Agenda Caption: Public Hearing, presentation, possible action and discussion concerning
Approval to advertise the College Main Sidewalks Project for construction bids.
Recommendation(s): Staff recommends approval of this design.
Summary: The College Main sidewalks project provides for the construction of new
sidewalks between Louise and Cherry Streets on College Main. The design calls for ten (10)
foot wide, brick paver, sidewalks to be constructed including pedestrian benches and street
trees in accordance with the Northgate Design Guidelines.
Budget & Financial Summary: This project is part of the Tauber-Stasney Rehabilitation
and Northgate Sidewalks Project. The design was funded through Community Development
Block Grant (CDBG) funds. Construction is to be funded through CDBG funds and street
funds. The estimated cost of construction is $219,000.00.
Attachments:
1.) Project Location Map
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College Main Sidewalks
Project Location Map
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May 22, 2008
Regular Agenda Item 5
Public Hearing and Consideration of Budget Amendment #2
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Public Hearing, possible action, and discussion on an ordinance
Budget Amendment #2 amending ordinance number 2999 which will amend the
budget for the 2007-2008 Fiscal Year and authorizing amended expenditures in the
amount of $7,997,702 and increase the number of regular full-time positions in the
budget by two; and presentation, possible action and discussion on budget transfers
between departments and approval of a contingency transfer.
Recommendation(s): Staff recommends the City Council hold the public
hearing on Budget Amendment #2, and approve the budget amendment ordinance,
budget transfers and contingency transfer.
Summary: The proposed budget amendment is to increase appropriations in the
2007-2008 budget by $7,997,702 and to increase the number of regular full-time
positions in the budget by two. The charter of the City of College Station provides
for the City Council to amend the annual budget in the event there are revenues
available to cover increased expenditures and after holding a public hearing on such
budget amendment. A number of items have been identified that need to be
considered in a budget amendment. A number of items have also been identified
that need to be considered in a budget transfer. Attached is a list of the items in the
proposed budget amendment as well as those in the proposed budget transfer and
contingency transfer.
Budget & Financial Summary: The City has resources or can reasonably expect
resources to cover each of the appropriations in this budget amendment. Budget
transfers do not affect the overall budget within a fund, they shift resources within
the fund.
Attachments:
1. Budget Amendment #1 Detail List, Budget transfer detail list
2. Ordinance
129
Fiscal Year 2007-2008 Budget Amendment #2 Detail Listing
The proposed budget amendment is to increase the appropriations for the items listed below by $7,997,702.
1. (Residual Equity) Transfer to Print-Mail: $117,510
The Print-Mail fund dissolved effective October 1, 2007. This Internal Service Fund had been
operating at a deficit and dissolved with negative net assets of $117,510. Staff allocated the deficit
between the General Fund, the Water fund and the Utility Customer Service Fund – the funds that
primarily used the Print-Mail services – based on the average level of support from those funds during
the tenure of the Print-Mail Fund. Staff waited until after the independent audit to bring this item to
Council for approval. The transfer in to Print-Mail ($117,510) comes from transfers out from General
Fund in the amount of $72,856 (62%); transfers out of the Water Fund in the amount of $8,226 (7%);
and transfers out of the Utility Customer Service Fund in the amount of $36,428 (31%).
2. OASPR (Office of Assistant Secretary of Preparedness and Response) Grant: $56,600
This 100% federal grant (CFDA #93.889) provided for equipment purchases by the Emergency
Management Division of the Fire Department to enhance the response capabilities to terrorist threats or
catastrophic events. The disbursement of these funds and the approval of grant participation went to
Council January 24, 2008 as Consent item #2m. This $56,600 budget amendment increases the Fire
Department’s budget for the purchase of the equipment and recognizes the federal grant revenue in the
General Fund budget.
3. Police Department Justice Assistance Grant (JAG) Grant: $30,219:
This item appropriates the resources for the City’s portion of the 100% 2007 Edward Byrne Memorial
Justice Assistance Grant Program (CFDA# 16.579 – grant # 2007-DJ-BX-1002) award through their
inter-local agreement application with the City of Bryan and Brazos County. This $30,219
amendment increases the police department’s budget for the purchase of police equipment as well as
increasing the police federal grant revenue budget by the same amount.
4. Additional FTE in CIP department for Project Manager – New Graduate Engineer to be funded
from Water/Wastewater (7 pay periods): $20,923
This item increases the FTE (full time equivalency) personnel count by one FTE in the General Fund,
an additional Graduate Engineer who will act as Project Manager for Water and Wastewater CIP
projects. This position will be funded via transfers from the Water and Wastewater fund salary
savings. Staff estimates that funding will be needed for 7 pay periods in FY08.
5. Additional FTE in ED Department – Economic Analyst (11 pay periods): $24,609:
This item reclassifies the current temp/seasonal position to a full time equivalent (FTE) position in
Economic Development. Eleven (11) pay periods need funding in FY08 for this new position. The
funds are available for this item in the General Fund balance.
6. Channel 19 Improvements: $10,500
The Communications Department Staff requests the latest EG fee receipt to improve CSTV-19
operations and support programming identified in the Communications Plan as well as new initiative
being developed, such as “Greening College Station.” $10,500 has been received into project GG0407
and is available in the General Fund balance.
7. Efficiency Time Payment Fund – Recording system to become Court of Record: $5,385
This request increases the budget allocation in the Efficiency Time Payment Fund for a Court
Recording System, enabling the Municipal Court to become a Court of Record. Funds are available in
the Efficiency Time Payment Fund balance.
8. Discovery Drive Extension (ST0804): $544,021
On January 10, 2008, Council approved an agreement between the City, Texas A&M and TxDOT
authorizing TxDOT to design and construct Pedestrian Improvements on University Drive and
agreeing that, in exchange, the City will construct an extension to Discovery Drive on the Texas A&M
University campus. The funds that had been previously appropriated to the University Drive Pedestrian
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Improvements project have been transferred to the Discovery Drive project. However, as the original
schedule for the University Drive Pedestrian Improvements construction was later, a portion of the
budget has not been appropriated. This item will appropriate the remaining budget for this project in
the Streets Capital Improvement Projects Fund. The Funds for this portion of the appropriation are
available in the Streets Capital Improvement Projects Fund balance.
9. University Drive TXDOT ROW (ST0807): $237,200
On February 14, 2008, Council approved an AFA with TxDOT to provide funds for City’s estimated
10% of the costs of right-of way and utility relocations needed for the University Drive Widening
project. The estimated cost is $484,200. A portion of the budget ($247,000) for this expenditure was
previously appropriated for the design of the widening of University Drive. At that time, the City was
going to design and TxDOT was going to construct the project. Funds for this project are available in
the Streets Capital Improvement Projects Fund balance, and this item will appropriate the remaining
budget for this project in the Fund.
10. Eagle Drive Extension (ST0809): $800,000
On February 14, 2008, Council directed staff to proceed with the construction of Eagle Avenue
Extension. The extension will improve access and traffic in the area in advance of the development of
a new elementary school on the property behind Cypress Grove Intermediate School on Graham Road.
This project was not included in the FY08 CIP as it was not known at the time that the project would
be completed. The project will be funded through Certificates of Obligation and this item will
appropriate the budget for this project in the Streets Capital Improvement Projects Fund.
11. W.D. Fitch Widening Phase II (ST0520): $4,021,500
The current budget for W.D. Fitch Widening Phase II project is $3,300,000. It is estimated that
additional funds in the amount of $1,230,000 will be needed for construction of the project.
Certificates of Obligation will be issued for a portion of the additional funds. In addition the project is
being completed earlier than was anticipated when the FY08 CIP budget was developed, therefore the
budget for construction has not yet been appropriated. $508,500 has been appropriated to date. This
item will appropriate the remaining budget for this project in the Streets Capital Improvement Projects
Fund.
12. Wellborn Landscaping (ST0812): $92,984
On April 10, 2008, Council approved an AFA with TxDOT to install, as part of the Wellborn Road
Widening project, landscape and hardscape improvements on Wellborn Road from just south of 2818
to just south of State Highway 40. The AFA was in an amount not to exceed $92,984. Funds for this
project are available in the Streets Capital Improvement Projects Fund balance, but were not budgeted
in FY08 as the project had not been included in the CIP. This item will appropriate the budget for this
project in the Streets Capital Improvement Projects Fund.
13. Bike Loop (ST0521): $400,000
On April 24, 2008, Council approved an AFA with TxDOT for the construction of pedestrian
improvements in the State right-of –way at the Longmire and FM2818 intersection. These
improvements are part of the Bike Loop project. A portion of the funds for this project have been
appropriated. As the timing is this project is earlier than was expected when the FY08 CIP was
developed, it is necessary to appropriate the remaining funds for the project. This item will appropriate
the remaining budget for this project in the Streets Capital Improvement Projects Fund.
14. Gabbard Park Improvements (ST0704): $17,255
The Gabbard Park Improvements project was funded using Community Development Block Grant
funds. The project came in over budget, however, by $17,255. The additional funds are available in the
Zone 6 Parkland Fund balance but have not been appropriated. This item will appropriate the funds for
this project in the Zone 6 Parkland Dedication Fund.
15. Steve Beachy Park Signage (PK0823): $28,996
On January 24, 2008, Council approved the recommendation to rename Central Park in College Station
to “Stephen C. Beachy Central Park.” Funds for the replacement of the signs at the park were not
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budgeted, but are available in Zone 3 Parkland Dedication Fund balance. This item will appropriate the
funds for this project in the Zone 3 Parkland Dedication Fund.
16. Memorial Cemetery Construction (GG9905): $1,340,000
On March 27, 2008, Council approved a construction contract for the construction of the Phase I of the
Memorial Cemetery of College Station. The construction bid approved exceeded the funds available
for the project. Certificates of Obligation will be issued for the balance of required funding. Funds in
the amount of $7,950,000 have been appropriated to date and additional appropriations in the amount
of $1,340,000 are needed. This item will appropriate the remaining budget for this project in the
General Government Capital Improvement Projects Fund.
17. Electric Training Room Facility Project: $250,000
On December 13, 2007, Council approved a contract for the construction of the College Station
Utilities Meeting and Training Facility. This facility is being constructed across from the Utility
Service Center. The project is being funded through Utility Revenue Bonds. The budget for the project
is $2,000,000 but additional funds will be needed. This item will appropriate the additional budget for
this project in the Electric Capital Improvement Projects Fund.
Fiscal Year 2007-2008 Budget/Contingency Transfer Detail Listing
The proposed budget transfers do not increase or decrease the overall budget. Rather, the budget transfers
shift resources between departments within a fund. When budget adjustments among Departments and/or
funds are necessary, Council approval is required. In addition, contingency transfers greater than $15,000
must be approved by Council.
1. Police Master Plan: $94,750 (General Fund Contingency Transfer)
The Council approved hiring Carroll Buracker & Associates to create a Police master Plan for
$94,750. This action transfer budget from General Fund contingency to the Police Department to
provide appropriation for this item.
2. Greenways Program Manager from Parks to Planning & Development Development: $60,041
The Greenways Program Manager, budgeted in the Parks Department for FY 08, moved to the
Planning and Development Department. This action moves the budget to follow the position.
3. From Public Works Department to Capital Improvement Projects Department: $121,070
This is to correct an error made in calculation of the original budget transfer from Public Works to set
up the new CIP Department.
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ORDINANCE NO. _________
AN ORDINANCE (BUDGET AMENDMENT 2) AMENDING ORDINANCE NUMBER
2999 WHICH WILL AMEND THE BUDGET FOR THE 2007-2008 FISCAL YEAR AND
AUTHORIZING AMENDED EXPENDITURES AS THEREIN PROVIDED.
WHEREAS, the City Council of the City of College Station, Texas, approved its Budget
Ordinance for the 2007-2008 Fiscal Year on September 13, 2007; and
WHEREAS, the City Council of the City of College Station, Texas, desires to amend the
approved Budget Ordinance; and
WHEREAS, this amendment was prepared and presented to the City Council and a public
hearing held thereon as prescribed by law and the Charter of the City of College Station, Texas,
after notice of said hearing having been first duly given; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS:
Part 1: That Part 1 of the Budget Ordinance for the 2007-2008 Fiscal Year is amended to read
as follows:
"PART 1: That the proposed budget as amended by the City Council of the
City of College Station, which is made a part hereof to the same extent as if set
forth at length herein, is hereby adopted and approved, a copy of which is on
file in the Office of the City Secretary in College Station Texas. Amended
appropriations for fiscal year 2007-2008 for the General Fund are $58,556,304,
for the Efficiency Time Payment Fund are $13,585, for the Utility Customer
Service Fund are $2,626,619, for the Streets Capital Improvement Projects
Fund are $10,040,444, for the Parkland Dedication Funds are $757,214, for the
General Government Capital Improvement Projects Fund are $7,199,723, for
the Electric Capital Improvement Projects Fund are $12,518,757, and for the
Water Fund are $12,422,552. Amended regular full and part-time positions is
836.0. All other appropriations as originally adopted and amended by the City
Council remain in full force and effect."
Part 2: That this ordinance shall become effective immediately after passage and approval.
PASSED and APPROVED this _________ day of __________________________, 2008.
ATTEST: APPROVED:
____________________________ ________________________________
City Secretary Mayor
APPROVED:
E-Signed by Harvey Cargill
VERIFY authenticity with ApproveIt
_________________________
City Attorney
133
May 22, 2008
Regular Agenda Item 6
First Reading Amending Atmos Franchise
to Include a Fee Increase
To: Glenn Brown, City Manager
From: Hayden Migl, Assistant to the City Manager
Agenda Caption: Presentation, possible action, and discussion regarding the first reading
of an ordinance amending the current gas franchise with Atmos Energy Corporation to
increase the franchise fee from four percent (4%) to five percent (5%).
Recommendation(s): Staff recommends approval of the ordinance.
Summary: Pursuant to the recent Settlement Agreement, at a city's request, Atmos will
approve the execution of or amendment to the city's franchise agreement to increase
franchise fee payments to the individual city. The agreement, which caps the increase at a
maximum of five (5) percent of gross revenues for gas sold within city limits, is effective for
franchise payments made on May 1, 2008 or the effective date of the amendment changing
the franchise agreement, whichever is later. The requested increase will be calculated on
gross revenue from the prior year or quarter, with the payment being made for the privilege
of gas operations during the current period.
This is the first of three required readings to approve the franchise fee increase. Three
readings are necessary since the increase changes the existing franchise agreement with
Atmos.
Budget & Financial Summary: A franchise fee increase of one percent (1%) is expected
to result in an increase to the average residential customer’s monthly bill by $0.50 to $0.60.
The expected addition in revenue to the City from this increase is approximately $85,000
annually.
Attachments:
1. Ordinance
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ORDINANCE NO. ______________
AN ORDINANCE AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE
CITY OF COLLEGE STATION AND ATMOS ENERGY CORPORATION TO
PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE
DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION;
AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
WHEREAS, Atmos Energy Corporation (“Company”) is engaged in the business of furnishing
and supplying gas to the general public in the City, including the transportation, delivery, sale,
and distribution of gas in, out of, and through the City for all purposes, and is using the public
streets, alleys, grounds and rights-of-ways within the City for that purpose under the terms of a
franchise ordinance duly passed by the governing body of the City and duly accepted by
Company or its predecessor in interest; and
WHEREAS, the City and Company desire to amend said franchise ordinance to provide for a
different consideration; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS: that
PART 1: The consideration payable by Company for the rights and privileges granted to
Company by the franchise ordinance duly passed by the governing body of this
City and accepted by Company or its predecessor in interest is hereby changed to
be five percent (5%) of the Gross Revenues, as defined in the franchise ordinance.
PART 2: Franchise payments shall be made on the dates prescribed in the existing franchise
and shall be for the rights and privileges as set forth in the existing franchise.
PART 3: This ordinance shall take effect on May 1, 2008. Company shall, within thirty
(30) days from the receipt of this ordinance, file its written acceptance of this
ordinance with the Office of the City Secretary in substantially the following
form:
To the Honorable Mayor and City Council:
Atmos Energy Corporation, acting by and through the undersigned
authorized officer, hereby accepts in all respects, on this the ____ day of
________________, 2008, Ordinance No. __________ amending the
current gas franchise between the City of College Station and Atmos
Energy Corporation.
Atmos Energy Corporation
By ________________________________
Vice President, Mid-Tex Division
135
ORDINANCE NO. ___________________ Page 2
PART 4: In all respects, except as specifically and expressly amended by this ordinance,
the existing franchise ordinance heretofore duly passed by the governing body of
the City shall remain in full force and effect.
PART 5: The City shall provide a copy of this Ordinance to Mr. David Park, VP of Rates
and Regulatory Affairs, Atmos Energy Corp., 5420 LBJ Freeway, Suite 1800,
Dallas, Texas 75240, no later than ten (10) business days after its final passage
and approval.
PART 6: It is hereby officially found and determined that the meeting at which this
Ordinance is passed is open to the public as required by law and that public notice
of the time, place and purpose of said meeting was given as required.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS, this the 22nd day of May, 2008, at which meeting a quorum was present and
voting.
APPROVED:
____________________________________
Mayor
ATTEST:
______________________________
City Secretary
APPROVED:
E-Signed by Harvey Cargill
VERIFY authenticity with ApproveIt
______________________________
City Attorney
136
ORDINANCE NO. ___________________ Page 3
First Consideration and Approval: ______________________________
Second Consideration and Approval: ______________________________
Third Consideration and Approval: ______________________________
137
May 22, 2008
Regular Agenda Item 7
City of College Station Land Exchange
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: 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 CS located near the intersection of Jones Butler Road and
Dowling Road
Recommendation(s): To be provided at the May 22nd Council Meeting
Summary: The City has advertised for bids involving the exchange of approximately 5
acres of land near the intersection of Jones Butler Road and Dowling Road. The purpose of
the exchange is to permit the 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.
With the proposed removal of the Jones Butler/FM2818 intersection as part of the
FM2818/FM2154 TxDOT improvement the staff began exploring options to accommodate a
future re-location of the roadway to eventually intersect with FM2818 at Holleman. The
required routing of this road conflicts with the proposed location of a new electric sub-
station and the expansion of the existing water facilities. If the City were to successfully
exchange a part of the land it owns in the area for another tract of land in the area the
proposed electric substation could be relocated thereby permitting the placement of a
relocated road.
Bids received by the City are scheduled to be open and considered on May 16th. Staff from
the City Manager’s Office, Planning & Development Services, Public Works, Electric Utilities,
Water Utilities, and Legal have been involved in several discussions about this opportunity
and will be prepared to answer additional questions at the Council meeting on the 22nd.
Budget & Financial Summary: TBD and presented at the May 22nd Council Meeting
Attachments:
1. Aerial Photo of Property
2. Representation of City property offered for exchange
3. Bid Proposal(s) (to be provided at Council Meeting)
4. Resolution (to be provided at Council Meeting)
138
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O:\Department Files\Planning & Development\Dowling & Jones Butler construct\resol 1.doc5/12/20089:34:18 AM
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, AWARDING A BID RELATING TO THE SALE OR EXCHANGE OF REAL
PROPERTY LOCATED NEAR JONES BUTLER ROAD AND DOWLING STREET IN
THE CITY OF COLLEGE STATION.
WHEREAS, the City of College Station, Texas, solicited bids for the sale or exchange of
_______ acres of real property located near Jones Butler Road and Dowling Street as further
described in Exhibit “A” attached hereto; and
WHEREAS, the anticipated use of such exchanged property will be for electrical and water
utility purposes requiring immediate possession for the preparation of improvements related
thereto; and
WHEREAS, the selection of exchanging approximately
________ acres of land is being recommended as the bid award; now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the facts and recitations set forth in the preamble of this resolution
are hereby declared true and correct.
PART 2: That the City Council hereby awards the bid for the sale or exchange of
____ acres of land owned by the City as described in Exhibit “A” to
_____________ in exchange for such entity’s____ acres of land as further
described in Exhibit “B” attached hereto.
PART 3: That the City Council hereby approves and authorizes the execution of the
real estate contract with
for the sale or exchange of its property described above as set
forth in Exhibit “C” attached hereto.
PART 4: That the City Council hereby approves and authorizes the execution of the
Possession and License Agreement as set forth in Exhibit “D” attached
hereto allowing for the immediate commencement of improvements.
PART 5: That City staff is hereby authorized and directed to take any and all
reasonable actions to give effect to the foregoing.
PART 6: That this resolution shall take effect immediately from and after its
passage.
ADOPTED this day of , A.D. 2008.
141
O:\Department Files\Planning & Development\Dowling & Jones Butler construct\resol 1.doc5/12/20089:34:18 AM
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
City Attorney
142