HomeMy WebLinkAbout10/09/2008 - Regular Agenda Packet - City CouncilMayor Councilmembers
Ben White John Crompton
Mayor Pro Tem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Agenda
College Station City Council
Regular Meeting
Thursday, October 09, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Introduction of Youth Advisory Council Members
Hear Visitors: A citizen may address the City Council on any item which does not appear on the
posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary.
This form should be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks
to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to
conclude your remarks. The City Council will receive the information, ask staff to look into the
matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the
City Manager.
ON BEHALF OF THE CITIZENS OF COLLEGE STATION, HOME OF TEXAS A&M UNIVERSITY, WE WILL
CONTINUE TO PROMOTE AND ADVANCE THE COMMUNITY 'S QUALITY OF LIFE.
Consent Agenda
Individuals who wish to address the City Council on a consent or regular agenda item not posted as a
public hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item.
Registration forms are available in the lobby and at the desk of the City Secretary. The Mayor will
recognize individuals who wish to come forward to speak for or against the item. The speaker will
state their name and address for the record and allowed three minutes. A timer will sound at 2 1/2
minutes to signal thirty seconds remaining for remarks.
2. Presentation, possible action and discussion of consent agenda items which consists of ministerial
or "housekeeping" items required by law. Items may be removed from the consent agenda by majority
vote of the Council.
a. Presentation, possible action, and discussion of minutes for September 25, 2008.
b. Presentation, possible action and discussion of policy renewal for Excess Liability and Workers
Compensation to Star National Insurance Company for $276,264; policy renewal for
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Thursday, October 9, 2008
Property/Boiler & Machinery to Affiliated FM for $93,870; policy renewal for Crime coverage to
Federal Insurance Company for $4,522; and policy renewal for EMT Liability to Western World
Insurance Company for $5,077.64.
c. Presentation, possible action, and discussion regarding approval of a Resolution that will
authorize City staff to negotiate for the purchase of easements needed for the Westminster Sewer
Barron Road Water Service Extension Project.
d. Presentation, possible action, and discussion regarding approval of two Resolutions that will
authorize the City Attorney to condemn easements needed for the Parallel Wellfield Collection Line
Project and the Water Production Project.
e. Presentation, possible action, and discussion to approve Contract #08-245 to KEMA Inc. for
$163,620.00 for consultation services in setting up an electric compliance program.
f. Presentation, possible action, and discussion regarding adoption of a resolution to award Contract
08-285 to Brazos Valley Services in the amount of $1,087,305.26 for the construction of Well #7
Collection Line.
g. Discussion and possible action on a rate resolution setting landfill special waste rates for the
Brazos Valley Solid Waste Management Agency.
h. Presentation, possible action and discussion on approving the budget of the Brazos Valley
Convention and Visitors Bureau (CVB); and presentation, possible action and discussion on a
funding agreement between the City of College Station and the Brazos Valley Convention and
Visitors Bureau for FY09 in the amount of $1,160,000.
i. Presentation, possible action and discussion on a funding agreement between the City of College
Station and the Research Valley Partnership for FY09 in the amount of $343,287.
j. Presentation, possible action and discussion on approving the budget of the Arts Council of
Brazos Valley; and presentation, possible action and discussion on three (3) funding agreements
between the City of College Station and the Arts Council of Brazos Valley for FY09 totaling
$440,000.
k. Presentation, possible action, and discussion on the City’s health plan renewal expenditures for
the period of January 1, 2009 through December 31, 2009. The projected amount is $ 5,904,750.
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
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City Council Regular Meeting Page 3
Thursday, October 9, 2008
will recognize individuals who wish to come forward to speak for or against the item. The speaker
will state their name and address for the record and allowed three minutes. A timer alarm will sound at
2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is
closed, there shall be no additional public comments. If Council needs additional information from the
general public, some limited comments may be allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official
minutes as being in support or opposition to an agenda item, the individual may complete the
registration form provided in the lobby by providing the name, address, and comments about a city
related subject. These comments will be referred to the City Council and City Manager.
1. Public hearing, presentation, possible action, and discussion on an ordinance rezoning 0.48
acres from C-2 Commercial Industrial and R-6 High Density Multi-Family to C-1 General Commercial
for the properties located at 104, 106 and 108 Poplar Street, and generally located along the south side
of Poplar Street, east of its intersection with Texas Avenue.
2. Public hearing, presentation, possible action, and discussion regarding a rezoning of 14.19
acres from A-O, Agricultural-Open, to approximately 3.76 acres of C-1 General Commercial and
10.44 acres of R-1 Single Family Residential located at 4270 State Highway 6 South, generally located
north of the Spring Creek Gardens Subdivision. Case #08-500152 (LH).
3. Presentation, possible action, and discussion of designating three Council members to serve on
the Joint City/CSISD Committee. .
4. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will
be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas
will be held on the Thursday, October 09, 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 6th day of October, 2008 at 2:00 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,
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City Council Regular Meeting Page 4
Thursday, October 9, 2008
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 October 6, 2008 at 2:00 pm and
remained so posted continuously for at least 72 hours preceding 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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October 9, 2008
Consent Agenda Item 2b
Excess Liability/Workers Compensation Coverage and Property, Boiler &
Machinery, Mobile Equipment, Crime and EMT.
To: Glenn Brown, City Manager
From: Kathy Merrill, Assistant City Manager/Interim Human Resources Director
Agenda Caption: Presentation, possible action and discussion of policy renewal for
Excess Liability and Workers Compensation to Star National Insurance Company for
$276,264; policy renewal for Property/Boiler & Machinery to Affiliated FM for
$93,870; policy renewal for Crime coverage to Federal Insurance Company for
$4,522; and policy renewal for EMT Liability to Western World Insurance Company
for $5,077.64.
Recommendation(s): Staff recommends approval of each of these policy renewals.
Summary: The City of College Station requested our Broker, McGriff Seibels &
Williams of Texas, Inc. to obtain renewal quotes from our present insurance carriers.
The renewal quotes obtained are for the same coverage as in the prior fiscal year.
This renewal is effective October 1, 2008.
Excess Liability & Workers Compensation insurance covers Auto liability, General
liability, Directors and Officials, Law Enforcement liability, Employment Practices
liability and Worker's Compensation claims. Property, Boiler & Machinery insurance
covers Buildings, Contents, Fine Arts, Valuable Papers & Records, Extra Expense and
Motor Vehicle CCoverage including Mobile Equipment. Crime insurance covers
Employee Theft coverage, Premises Coverage, Transit coverage, Depositers Forgery
coverage and Computer Theft & Fund Transfer Fraud.
EMT Liability covers bodily injury, property damage, or personal injury aring out of a
"Professional Incident".
Budget & Financial Summary: Funds are available in the FY 09 budget in the
Property Casualty Fund and Workers Compensation Fund for these expenditures.
The Excess Liability and Worker's Compensation policy renewal represents and
increase of 5.7% over last year's premium. This increase is due primarily to
increases in payroll. The Property, Boiler, & Machinery represents a 1.8% decreases
over last year, while our insured values increased by approximately $15 million.
There are no changes on the Crime or EMT Liability policy renewals.
Attachments:
Letter from Broker with recommendations.
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5949 Sherry Lane, Suite 1300 · Dallas, TX 75225 · TEL – (469) 232-2100 · FAX – (469) 232-2101
September 26, 2008
Mr. Ernie Pyle
Risk Manager
City of College Station
1101 Texas Ave.
College Station, TX 77840
Re: Renewal Recommendation
October 1, 2008
Dear Ernie:
In previous correspondence, we have sent you the City’s renewal quotes for the Property/Boiler &
Machinery, Crime Coverage, Excess Liability and Workers’ Compensation and EMT Liability
Insurance. Our recommendation for your renewal is as follows:
· Property/Boiler & Machinery Insurance - $93,870 Premium with Affiliated FM
· Crime Coverage - $4,522 Premium with Federal Insurance Company
· Excess Liability and Workers’ Compensation Coverage - $276,264 Premium with Star National
Insurance Company
· EMT Liability - $5,077.64 with Western World Insurance Company
These premiums are an increase of 3.63% over the expiring insurance costs. The Property/Boiler &
Machinery premium dropped slightly due to a 10.6% rate decrease offset by a 10.12% increase in
values. This increase in premium is not due to rate increases, rather, it is because the City has a
15.75% increase in payroll which is what the Excess Liability/Workers Compensation policy is rated
on. We negotiated this increase down to an overall increase of 5.75% for the coverage renewal.
Please review this information and let us know if you have any questions. We look forward to
continuing our relationship with the City of College Station. Thank you.
Sincerely,
Johnny Fontenot, CPCU, ARM, AIC
Senior Vice President
tkh/JF
MCGRIFF, SEIBELS & WILLIAMS OF TEXAS, INC.
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October 9, 2008
Consent Agenda 2c
Resolution Determining Need (Easement Acquisition)
Westminster Sewer / Barron Road Water Service Extension Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding approval of a
Resolution that will authorize City staff to negotiate for the purchase of easements needed
for the Westminster Sewer / Barron Road Water Service Extension Project.
Recommendation(s): Staff recommends approval of the Resolution.
Summary: The Westminster Sewer / Barron Road Water Service Extension Project is
needed to serve neighborhoods on the southern side of College Station that were annexed
in 1995. Much of the area along Wellborn Road, south of WD Fitch Parkway (SH 40), is
served by Wellborn Water SUD and on site sewerage facilities. Proposed development in
the area will require higher capacities of water and sewer service.
Authorization of the attached resolution will enable staff to proceed with negotiations for the
twenty foot (20’) wide permanent public utility easements and the thirty foot (30’) wide
temporary construction easements along the east side of Wellborn Road.
Budget & Financial Summary: Funds for the Barron Road Water Services Extension
portion of this project are budgeted and available in the Water Capital Improvement
Projects Fund. Funds for the Westminster Sewer Extension portion of this project were not
included in the FY09 CIP budget. Funds for land acquisition and design will be transferred
from the West Park Sewer project. The West Park Sewer project is now complete and came
in under budget. These funds are budgeted and available in the Wastewater Capital
Improvement Projects Fund.
Attachments: Project Maps (2)
Resolution Determining Need
Exhibit “A” on file in City Secretary office
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4
Westminster Sewer / Barron RoadWater Service Extension Project
Sewer / Water Project
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RESOLUTION DETERMINING NEED
RESOLUTION NO. ________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE,
COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, RIGHT-OF-
WAY AND EASEMENT INTEREST IN CERTAIN PROPERTY FOR THE
WESTMINSTER SEWER / BARRON ROAD WATER SERVICE EXTENSION
PROJECT; (2) A DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE
CITY TO ACQUIRE SUCH INTEREST, THROUGH PURCHASE OR
CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE
ACQUISITION OF SUCH INTEREST IN THE PROPERTY.
WHEREAS, the City of College Station, Texas (“City”) is a home rule municipality duly
incorporated and chartered under the Constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, re-constructs, repairs and maintains a
city water / wastewater system as a public service; and
WHEREAS, the City’s ownership, operation, construction, re-construction, repair, and
maintenance of the city water / wastewater system is a benefit to the public; and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of
eminent domain to acquire property in order to carry out the ownership, operation,
construction, re-construction, repair, and maintenance of its water / wastewater system
pursuant to Chapter 251 of the Texas Local Government Code, Chapter 21 of the Texas
Property Code, and Article II of the City’s Charter; and
WHEREAS, the City is engaged in the following project regarding improvements to the
Westminster Sewer / Barron Road Water Service Extension Project, including ownership,
operation, construction, re-construction, repair, and maintenance of the water /
wastewater system and installation of other public utilities, (the “Project”); and
WHEREAS, the City determines that the best interests and needs of the public, including
the health, safety and welfare of the public, require that the City carry out the Project,
through the City’s acquisition, by purchase or condemnation proceeding, of the right-of-
way and easements as provided in Exhibits A, attached hereto and incorporated herein by
reference for all purposes (the “Right-of-Way and Easements”); now, therefore;
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BE IT RESOLVED by the City Council of the City of College Station, Texas:
PART 1: That the City Council of the City of College Station, Texas, hereby
officially determines that there is a public necessity for the Right-of-Way
and Easements, and the public welfare and convenience will be served by
the acquisition of the Right-of-Way and Easements.
PART 2: That the City Manager is hereby authorized to contract, on behalf of the
City of College Station, with a professional appraiser for the appraisal
services, with a professional real estate agent to act as a Land Agent for
the City and with attorneys for preparation of title opinions needed by the
City from time to time in connection with acquisition of the Right-of-Way
and Easements.
PART 3: That the City’s Land Agent or other staff appraiser is hereby authorized
and directed to examine the independent appraisal reports as they are
submitted to the City to determine whether said appraisal reports are
supported by sufficient data. Based upon such examination of said
appraisal reports, the Land Agent or other staff appraiser shall make a
recommendation to the City Manager as to the establishment and approval
of the amount of the just compensation for the Right-of-Way and
Easements.
PART 4: After consideration of said recommendation, the City Manager shall
establish and approve the amount determined for acquisition of the Right-
of-Way and Easements.
PART 5: Upon establishment and approval by the City Manager of the amount of
just compensation for the acquisition of the Right-of-Way and Easements,
the City’s Land Agent or other staff appraiser is authorized to
communicate a written offer to the property owners for the acquisition of
such interest at the full amount determined and established to be just
compensation therefore and to negotiate with said owners on behalf of the
City.
PART 6: That the Mayor after approval by City Council, or the City Manager as
delegated, is hereby authorized to execute all documents necessary to
acquire said Right-of-Way and Easements for the Project, on behalf of the
City of College Station.
PART 7: That, if necessary, and should a property owner fail to accept a bona fide,
good faith offer from the City to purchase the required Right-of-Way and
Easements, City representatives shall have the authority to initiate and
complete condemnation proceedings against said owner, in order to
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acquire through condemnation all required property interests and title
regarding such property.
PART 8: That the City Manager be and is hereby authorized to sell any such surplus
improvements, or order the demolition thereof, if any, located on the real
property acquired in connection with this Project.
PART 9: That this resolution shall take effect immediately from and after its
passage.
ADOPTED this ________ day of ____________________________, A.D. 2008.
ATTEST: APPROVED:
____________________________ ______________________________
City Secretary Mayor
APPROVED:
E-Signed by Mary Ann Powell
VERIFY authenticity with ApproveIt
____________________________
City Attorney
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EXHIBIT “A” to RESOLUTION DETERMINING NEED
Permanent Public Utility Easements – Twenty Feet (20’) in Width
TractNo. Tract Name Property Owner
(current or former)
Tract 1 Maines and Aschton Tract Maines, Jason Bradford
& Stacy Diane Aschton
Tract 2 Clendon E. Adams Tract Adams, Clendon E.
Tract 3 Betty Albright Batchelor Tract Batchelor, Betty Albright
Tract 4 Krenek and Riley Tract Krenek, Stanley & B M Riley
Tract 5 Stanley J. Krenek Tract Stanley J. Krenek
Tract 6 Norton Lane Tract Dale, Christopher, et al
Tract 7 Ricks Tract Brazos Valley Church of Christ
Tract 8 Irene Casimiro Tract Casimiro, Irene
Tract 9 McGill Tract McGill, Robert C.
Tract 10 Rocha Tract Breckenridge Group IV, LP
Tract 11 Park and Youm Tract Park, Jehoon & Monique Youm
All of the above mentioned Permanent Public Utility Easements are more particularly
described by field notes and plat, attached hereto and incorporated herein.
Temporary Construction Easements – Thirty Feet (30’) in Width
Being a thirty foot (30’) wide strip of easements extending along and adjoining the east
side of each and every above mentioned Permanent Public Utility Easement.
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October 9, 2008
Consent Agenda Item 2d
Resolutions to Condemn
Parallel Wellfield Collection Line and Well 1 Sanitary Control Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding approval of two
Resolutions that will authorize the City Attorney to condemn easements needed for the
Parallel Wellfield Collection Line Project and the Water Production Project.
Recommendation(s): Staff recommends approval of both Resolutions.
Summary: On June 14, 2007, Council authorized staff to negotiate for the purchase of
easements and rights of way needed for the Parallel Wellfield Collection Line project. The
project is required to move water from the wells in northwest of Bryan to the Sandy Point
Pump Station. The existing single line is at capacity and creates back pressure that reduces
pumping efficiency. Staff has been able to purchase all of the easements except for the
permanent public utility easement and the temporary construction easement located upon
land owned by D’Anne R. Johnson and Richard T. Britten.
Staff has also purchased several Sanitary Control Easements for the Well 1 Sanitary Control
Project in order to protect water wells from contamination. These easements are required
by TCEQ for public water wells. It prohibits certain activities near the well head such as
feed lots, sewer systems, and other sources of contamination. Staff has been unable to
purchase two Sanitary Control Easements – one from the previously mentioned landowners
and another from Pearl G. Britten, Individually, and Richard T. Britten and Randall D. Britten
as Co-Trustees of the Walter S. Britten Testamentary Trust.
Although staff has negotiated in good faith with all of the property owners, the City and
owners have been unable to agree upon just compensation for the easements. Approval of
both resolutions will authorize the City Attorney to acquire the property through
condemnation.
Budget & Financial Summary: Funds for this project are budgeted in the Water Capital
Improvement Projects Fund as part of the Parallel Wellfield Collection Line project.
Attachments: Project Map
Resolution and Exhibits Parallel Wellfield Collection Line
Resolution and Exhibits Water Production Project
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RESOLUTION NO. _________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS
RELATING TO: (1) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND
ACQUIRE BY CONDEMNATION AN EXCLUSIVE, PERMANENT PUBLIC UTILITY
EASEMENT REGARDING 1.956 ACRES (85,221 SQUARE FEET) OF LAND MORE OR
LESS, AND A RELATED TEMPORARY CONSTRUCTION EASEMENT REGARDING
1.956 ACRES (85,214 SQUARE FEET) OF LAND MORE OR LESS, IN BRAZOS COUNTY,
TEXAS, A PART OF THE THOMAS WEBB SURVEY, ABSTRACT NO. 240; (2) A
DECLARATION THAT A PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE
SAID EASEMENTS BY CONDEMNATION IN ORDER TO ACCOMPLISH AN
AUTHORIZED AND DECLARED PUBLIC USE AND PURPOSE; (3) THE RATIFICATION
OF ALL PRIOR CITY ACTS AND RESOLUTIONS; AND (4) THE ESTABLISHMENT OF
AN EFFECTIVE DATE AND COMPLIANCE WITH THE OPEN MEETING STATUTES.
WHEREAS, the City of College Station, Texas (“City”) is a home rule municipality which is
duly incorporated and chartered under the constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, repairs, and maintains a municipal water utility
system (“water utility system”) as a public service, in order to provide water service to the public
and the City, now and in the future; and
WHEREAS, the City’s ownership, operation, construction, repair, and maintenance of the water
utility system is a benefit to the public, because the system currently provides, and will provide
in the future, an important source of water to the public and the City. Therefore, the water utility
system, including the City’s ownership, operation, construction, repair, and maintenance of the
system, now and in the future, are hereby declared to be worthwhile public uses and purposes;
and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent
domain to acquire property, inside or outside the municipality, in order to efficiently carry out
the ownership, operation, construction, repair, and maintenance of its water utility system
pursuant to the following, non-exclusive authority, the contents of which are incorporated by
reference: Chapters 251 and 402 of the Texas Local Government Code; Chapter 21 of the Texas
Property Code; and articles I and II of the City Charter; and
WHEREAS, the City is engaged in the following project regarding the improvement and
expansion of its water utility system: the Parallel Wellfield Collection Line Project also referred
to as the Water Project (“project”). This project will benefit the public and the City because its
completion and operation will enhance and improve the source, collection, transmission and
distribution of water available to the community at large. Therefore, this project, which includes
the acquisition of the easements herein described, is hereby declared to be a worthwhile public
use and purpose; and
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RESOLUTION NO. ____________________ Page 2
2
WHEREAS, the City determines that the best interests and needs of the public, including the
health, safety, and welfare of the public, require that the City’s water utility system should be
improved and expanded through the City’s acquisition, by a condemnation proceeding, of the
following easements: (a) an exclusive, permanent public utility easement and right of way
(“permanent public utility easement”) regarding the project, on, in, over, along, under, across,
and through a certain tract or parcel of land, being and situated in Brazos County, Texas,
containing 1.956 acres (85,221 square feet) more or less, a part of the Thomas Webb Survey,
Abstract No. 240, and for the payment of reasonable, adequate, and just compensation by the
City to the owner or owners thereof, as required by law, said property being more particularly
described by metes and bounds and survey plat in Exhibit A, which is attached hereto and
incorporated by reference; and (b) a related temporary construction easement (“temporary
construction easement”) regarding the project, on, in, over, along, under, across, and through a
certain tract or parcel of land, being and situated in Brazos County, Texas, containing 1.956
acres (85,214 square feet) more or less, a part of the Thomas Webb Survey, Abstract No. 240,
and for the payment of reasonable, adequate, and just compensation by the City to the owner or
owners thereof, as required by law, said property being more particularly described by metes and
bounds and survey plat in Exhibit B, which is attached hereto and incorporated by reference; and
(c) said permanent utility easement and temporary construction easement being hereafter referred
to as the subject property unless otherwise designated; and
WHEREAS, pursuant the authority stated herein, the City intends and seeks to acquire the
aforementioned easements regarding the subject property for the following, declared public uses
and purposes regarding the project: (a) the construction, installation, inspection, placement and
removal of water lines, water pipelines, and related water utility infrastructure, facilities, and
improvements by the City, on, in, over, above, along, under, across, and through said property, in
order to improve, expand, and maintain the source, collection, transmission and distribution of
water within the City’s water utility system, now and in the future, for the benefit of the public
and the City, as described herein; and (b) the permanent ownership, operation, construction,
repair, inspection, placement, removal, and maintenance of the water utility system at the
location of said permanent utility easement on the subject property, including all utility
infrastructure, facilities, or improvements placed on, in, over, above, along, under, across, and
through said property, in order to improve, expand, and maintain the source, collection,
transmission and distribution of water within the City’s water utility system, now and in the
future, for the benefit of the public and the City, as described herein; and
WHEREAS, pursuant to the project, a public necessity exists for the City to acquire by
condemnation proceeding the permanent public utility easement and the temporary construction
easement regarding the subject property for the public uses and purposes described herein, and
WHEREAS, pursuant to the project, the City’s acquisition of the permanent public utility
easement and the temporary construction easement regarding the subject property by a
condemnation proceeding is necessary to accomplish, achieve, and advance the public uses and
purposes described herein; and
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RESOLUTION NO. ____________________ Page 3
3
WHEREAS, upon acquisition of the permanent public utility easement, the City shall allow the
owner of the subject property to use all or any part of the easement acquired for any purpose that
does not damage, destroy, injure, or interfere with the City’s efficient, safe, or convenient use of
the easement acquired, as described herein, including the specific use limitations of said owner
as described herein; now, therefore,
BE IT RESOLVED AND ORDERED BY THE CITY COUNCIL OF THE CITY OF
COLLEGE STATION, TEXAS:
PART 1: Singular nouns and pronouns shall include the plural, and the masculine gender
shall include the feminine gender, where necessary for a correct meaning of this
resolution.
PART 2: All prior resolutions or orders regarding the project, the permanent public utility
easement, the temporary construction easement, and the subject property are
hereby supplemented and incorporated by reference.
PARK 3: All prior acts of the City, including the acts of its elected officials, officers,
employees, agents, or attorneys, regarding the project, the permanent public utility
easement, the temporary construction easement, and the subject property are
hereby authorized, ratified, approved, confirmed, and validated.
PART 4: All statements made in the caption, preamble, preliminary recitals, and the
documents attached to this resolution are true, correct, and incorporated by
reference.
PART 5: The best interests and needs of the public, including the health, safety, and
welfare of the public, pursuant to the utility project described above, require that
the water utility system of the City be improved and expanded by the City’s
acquisition of the permanent public utility easement and the temporary
construction easement regarding the subject property, as described herein.
PART 6: The permanent public utility easement and the temporary construction easement
regarding the subject property, pursuant to the project and as described herein, is
sought and shall be acquired by the City for the following public uses and
purposes:
a. the construction, installation, inspection, placement and removal of water
lines, water pipelines, and related water utility infrastructure, facilities, and
improvements by the City, on, in, over, above, along, under, across, and
through said property, including but not limited to water collection lines,
transmission lines, connecting water pipelines, access facilities, attachment
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RESOLUTION NO. ____________________ Page 4
4
structures and equipment, and communication lines specifically related
thereto, in order to improve, expand, and maintain the source, collection,
transmission, and distribution of water within the City’s water utility
system, now and in the future, for the benefit of the public and the City;
and
b. the permanent ownership, operation, construction, repair, inspection,
placement, removal, and maintenance of the water utility system at the
location of said permanent utility easement, including all utility
infrastructure, facilities, or improvements placed on, in, over, above,
along, under, across, and through said property, as described herein, in
order to improve, expand, and maintain the source, collection,
transmission, and distribution of water within the City’s water utility
system, now and in the future, for the benefit of the public and the City;
c. any other public use and purpose described in this resolution.
PART 7: All public uses and purposes described in this resolution are hereby declared to be
worthwhile, convenient, and necessary to justify and support the acquisition of the
permanent public utility easement and the temporary construction easement by the
City through a condemnation proceeding.
PART 8: Regarding the permanent public utility easement, temporary construction
easement, and subject property described in this resolution, and pursuant to the
project, the City hereby declares the following:
a. The City made a bona fide, good faith offer to purchase said easements
from the owner of the subject property. Said offer was rejected or not
accepted by the owner. Thus, the City and said owner are unable to agree
on the issue of damages or compensation. Therefore, a public necessity
and convenience exists for the City to acquire said easements through a
condemnation proceeding for the public uses and purposes stated in this
resolution.
b. The City’s acquisition of said easements through a condemnation
proceeding is necessary and convenient to accomplish, achieve, and
advance the public uses and purposes stated in this resolution.
PART 9: Pursuant to the project, the City’s elected officials, officers, employees, agents,
representatives, and attorneys are hereby authorized to engage in the following
conduct regarding the permanent public utility easement, the temporary
construction easement, and the subject property:
19
RESOLUTION NO. ____________________ Page 5
5
a. Said representatives shall have the authority to lay-out or map the exact
location of the land needed regarding the subject property.
b. Said representatives shall have the authority to hire, engage, or direct such
City staff, engineers, surveyors, appraisers, title companies, architects,
attorneys, or other persons or entities needed to effect: the mapping or
design of the necessary utility infrastructure, facilities, or improvements
on the subject property; the establishment and acquisition of the necessary
title to the subject property; and the construction, operation, inspection,
and maintenance of the necessary utility infrastructure, facilities, or
improvements on the subject property.
c. Said representatives shall have the authority, with the consent of the
property owner or through a court order, to enter upon the subject property
for the purpose of: surveying and establishing title; determining
reasonable, adequate, and just compensation; conducting tests; or
negotiating with the owner for the purchase of the required property
interests.
d. Said representatives shall have the authority, after determining
reasonable, adequate, and just compensation for said easements, to
negotiate with the property owner for the purpose of acquiring for the City
the required property interests by purchase.
e. Said representatives shall have the authority to initiate and
complete condemnation proceedings against said owner, in order to
acquire through condemnation all required property interests and title
regarding the subject property.
f. Said representatives shall have the authority to initiate and
complete all other actions deemed necessary and appropriate to effect the
accomplishment of the public uses and purposes described herein.
PART 10: Upon acquisition of the permanent public utility easement, the City shall allow the
owner of the subject property to use all or any part of the easement acquired for
any purpose that does not damage, destroy, injure, or interfere with the City’s
efficient, safe, or convenient use of the easement acquired; however: (a) said
owner shall not be allowed to lay-out, dedicate, construct, maintain, or use any
house, structure, or reservoir, or to permit same to be accomplished, on, over,
under, through or within said easement except as provided herein; but (b) said
owner shall be allowed to lay-out, dedicate, construct, maintain, or use roads,
streets, alleys, and driveways, on, over, or within said easement, provided that
20
RESOLUTION NO. ____________________ Page 6
6
said use does not change the grade over the land of said easement without the
prior written consent of the City.
PART 11: Upon acquisition of the temporary construction easement, said easement shall
exist only for such period of time as is required for the construction, installation,
completion, and inspection of all utility infrastructure, facilities, or improvements
placed on, in, over, above, along, under, across, and through the subject property,
as described herein, after which time said temporary construction easement shall
cease to operate or be effective.
PART 12: This resolution and order shall take effect immediately from and after its passage.
PART 13: This resolution was considered and passed at a meeting held in compliance with
Chapter 551 of the Texas Government Code, the Texas Open Meetings Act.
ADOPTED this __________ day of October, A.D. 2008.
ATTEST: APPROVED:
City Secretary Mayor
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt
City Attorney
21
22
23
24
25
26
RESOLUTION NO. _________________________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE
STATION, TEXAS RELATING TO: (1) THE AUTHORITY OF THE CITY TO
INITIATE, COMPLETE, AND ACQUIRE BY CONDEMNATION TWO
EXCLUSIVE, SANITARY CONTROL EASEMENTS REGARDING 0.06
ACRE OF LAND MORE OR LESS, AND 0.10 ACRE OF LAND, MORE OR
LESS IN BRAZOS COUNTY, TEXAS, A PART OF THE THOMAS WEBB
SURVEY, ABSTRACT NO. 240; (2) A DECLARATION THAT A PUBLIC
NECESSITY EXISTS FOR THE CITY TO ACQUIRE SAID EASEMENTS BY
CONDEMNATION IN ORDER TO ACCOMPLISH AN AUTHORIZED AND
DECLARED PUBLIC USE AND PURPOSE; (3) THE RATIFICATION OF
ALL PRIOR CITY ACTS AND RESOLUTIONS; AND (4) THE
ESTABLISHMENT OF AN EFFECTIVE DATE AND COMPLIANCE WITH
THE OPEN MEETING STATUTES.
WHEREAS, the City of College Station, Texas (“City”) is a home rule municipality which is
duly incorporated and chartered under the constitution and laws of Texas; and
WHEREAS, the City owns, operates, constructs, repairs, and maintains a municipal water utility
system (“water utility system”) as a public service, in order to provide water service to the public
and the City, now and in the future; and
WHEREAS, the City’s ownership, operation, construction, repair, and maintenance of the water
utility system is a benefit to the public, because the system currently provides, and will provide
in the future, an important source of water to the public and the City. Therefore, the water utility
system, including the City’s ownership, operation, construction, repair, maintenance and
protection of the system, now and in the future, are hereby declared to be worthwhile public uses
and purposes; and
WHEREAS, the City, through a condemnation proceeding, may exercise the power of eminent
domain to acquire property, inside or outside the municipality, in order to efficiently carry out
the ownership, operation, construction, repair, maintenance and protection of its water utility
system pursuant to the following, non-exclusive authority, the contents of which are incorporated
by reference: Chapters 251 and 402 of the Texas Local Government Code; Chapter 21 of the
Texas Property Code; and articles I and II of the City Charter; and
WHEREAS, the City is engaged in the following project regarding the improvement and
expansion of its water utility system: the Well 1 Sanitary Control Project also referred to as the
Water Project (“project”). This project will benefit the public and the City because its
completion and operation will enhance, improve and protect the source and distribution of water
available to the community at large. Therefore, this project, which includes the acquisition of the
easements herein described, is hereby declared to be a worthwhile public use and purpose; and
27
WHEREAS, the City determines that the best interests and needs of the public, including the
health, safety, and welfare of the public, require that the City’s water utility system should be
improved, expanded and protected through the City’s acquisition, by a condemnation
proceeding, of the following easements: (a) an exclusive, permanent sanitary control easement
(“permanent sanitary control easement”) regarding the project, on, in, over, along, under, across,
and through a certain tract or parcel of land, being and situated in Brazos County, Texas,
containing 0.06 acre more or less, a part of the Thomas Webb Survey, Abstract No. 240, and for
the payment of reasonable, adequate, and just compensation by the City to the owner or owners
thereof, as required by law, said property being more particularly described by metes and bounds
and survey plat in Exhibit A, which is attached hereto and incorporated by reference; and (b) an
exclusive permanent sanitary control easement (“permanent sanitary control easement”)
regarding the project, on, in, over, along, under, across, and through a certain tract or parcel of
land, being and situated in Brazos County, Texas, containing 0.10 acres more or less, a part of
the Thomas Webb Survey, Abstract No. 240, and for the payment of reasonable, adequate, and
just compensation by the City to the owner or owners thereof, as required by law, said property
being more particularly described by metes and bounds and survey plat in Exhibit B, which is
attached hereto and incorporated by reference; and (c) said permanent sanitary control easements
being hereafter referred to as the subject property unless otherwise designated; and
WHEREAS, pursuant the authority stated herein, the City intends and seeks to acquire the
aforementioned easements regarding the subject property for the following, declared public uses
and purposes regarding the project: the protection of source water from contamination of
prohibited activities within a specific distance from the water well head. in order to improve,
expand, and maintain the production, transmission and distribution of water within the City’s
water utility system, now and in the future, for the benefit of the public and the City, as described
herein; and
WHEREAS, pursuant to the project, a public necessity exists for the City to acquire by
condemnation proceeding the permanent sanitary control easements regarding the subject
property for the public uses and purposes described herein, and
WHEREAS, pursuant to the project, the City’s acquisition of the permanent sanitary control
easements regarding the subject property by a condemnation proceeding is necessary to
accomplish, achieve, and advance the public uses and purposes described herein; and
WHEREAS, upon acquisition of the sanitary control easements, the City shall allow the owner
of the subject property to use all or any part of the easement acquired for any purpose that does
not damage, destroy, injure, or interfere with the City’s efficient, safe, or convenient use of the
easement acquired, as described herein, including the specific use limitations of said owner as
described herein;
NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City
of College Station, Texas:
2
28
1. Singular nouns and pronouns shall include the plural, and the masculine gender
shall include the feminine gender, where necessary for a correct meaning of this
resolution.
2. All prior resolutions or orders regarding the project, the permanent sanitary
control easements, and the subject property are hereby supplemented and
incorporated by reference.
3. All prior acts of the City, including the acts of its elected officials, officers,
employees, agents, or attorneys, regarding the project, the permanent sanitary
control easements, and the subject property are hereby authorized, ratified,
approved, confirmed, and validated.
4. All statements made in the caption, preamble, preliminary recitals, and the
documents attached to this resolution are true, correct, and incorporated by
reference.
5. The best interests and needs of the public, including the health, safety, and
welfare of the public, pursuant to the utility project described above, require that
the water utility system of the City be improved and expanded by the City’s
acquisition of the permanent sanitary control easements regarding the subject
property, as described herein.
6. The permanent sanitary control easements regarding the subject property,
pursuant to the project and as described herein, is sought and shall be acquired by
the City for the following public uses and purposes: the protection of source
water from contamination of prohibited activities within a specific distance from
the water well head. in order to improve, expand, and maintain the production,
transmission and distribution of water within the City’s water utility system, now
and in the future, for the benefit of the public and the City, as described herein. In
order to carry out said public use and purposes, the following uses of the subject
property shall be prohibited and City shall be entitled to enter said property to
prevent or abate such uses:
1. Cesspool;
2. Septic tank or septic tank open jointed drainfield;
3. Sewerage treatment plant;
4. Sewerage well;
5. Sewerage pumping station;
6. Drainage ditches with industrial waste discharges or wastes
from sewerage treatment systems;
7. Animal feed lots;
8. Solid waste disposal site or landfills;
9. Lands irrigated by sewerage effluent;
10. Any other facilities that might create a danger or pollution to
the water to be produced from the well to be located at the
3
29
center of this circular easement, with a radius of one hundred
fifty five feet (155’).
b. any other public use and purpose described in this resolution.
7. All public uses and purposes described in this resolution are hereby declared to be
worthwhile, convenient, and necessary to justify and support the acquisition of the
permanent sanitary control easement the City through a condemnation
proceeding.
8. Regarding the permanent sanitary control easements, and subject property
described in this resolution, and pursuant to the project, the City hereby declares
the following:
a. The City made a bona fide, good faith offer to purchase said
easements from the owners of the subject property. Said offers
were rejected or not accepted by the owners. Thus, the City and
said owners are unable to agree on the issue of damages or
compensation. Therefore, a public necessity and convenience
exists for the City to acquire said easements through a
condemnation proceeding for the public uses and purposes stated
in this resolution.
b. The City’s acquisition of said easements through a condemnation
proceeding is necessary and convenient to accomplish, achieve,
and advance the public uses and purposes stated in this resolution.
9. Pursuant to the project, the City’s elected officials, officers, employees, agents,
representatives, and attorneys are hereby authorized to engage in the following
conduct regarding the permanent sanitary control easements, and the subject
property:
a. Said representatives shall have the authority to lay-out or map the
exact location of the land needed regarding the subject property.
b. Said representatives shall have the authority, with the consent of
the property owner or through a court order, to enter upon the
subject property for the purpose of: surveying and establishing
title; determining reasonable, adequate, and just compensation;
conducting tests; or negotiating with the owner for the purchase of
the required property interests.
c. Said representatives shall have the authority, after determining
reasonable, adequate, and just compensation for said easements, to
negotiate with the property owner for the purpose of acquiring for
the City the required property interests by purchase.
4
30
d. Said representatives shall have the authority to initiate and
complete condemnation proceedings against said owner, in order
to acquire through condemnation all required property interests and
title regarding the subject property.
e. Said representatives shall have the authority to initiate and
complete all other actions deemed necessary and appropriate to
effect the accomplishment of the public uses and purposes
described herein.
10. Upon acquisition of the permanent sanitary control easement, the City shall allow
the owner of the subject property to use all or any part of the easement acquired
for any purpose that does not damage, destroy, injure, or interfere with the City’s
efficient, safe, or convenient use of the easement acquired, however, the
following uses of such property shall be prohibited City shall be entitled to enter
said property to prevent or abate such uses:
1. Cesspool;
2. Septic tank or septic tank open jointed drainfield;
3. Sewerage treatment plant;
4. Sewerage well;
5. Sewerage pumping station;
6. Drainage ditches with industrial waste discharges or wastes
from sewerage treatment systems;
7. Animal feed lots;
8. Solid waste disposal site or landfills;
9. Lands irrigated by sewage effluent;
10. Any other facilities that might create a danger of pollution to
the water to be produced from the well to be located at the
center of this circular easement, with a radius of one hundred
fifty five feet (155’).
11. This resolution and order shall take effect immediately from and after its passage.
12. This resolution was considered and passed at a meeting held in compliance with
Chapter 551 of the Texas Government Code, the Texas Open Meetings Act.
ADOPTED this 9th day of October, A.D. 2008.
ATTEST: APPROVED:
City Secretary Mayor
5
31
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt
City Attorney
6
32
Resolution No. -----------
Exhibit "A" and Exhibit "B"
Proposed Sanitary Control Easements
Thomas Webb Survey, Abstract No. 240, Brazos County, Texas
33
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Sanitary Control Easement
D'Anne R. Johnson Tract
Thomas Webb survey A-240
Brazos County, Texas
August 7, 2007
All that certain tract or parcel of land lying and being situated in the Thomas Webb survey,
Abstract No. 240 in Brazos County, Texas, being a part of that 165 acre tract partial interest
of which was conveyed to D'Anne R. Johnson by deed Volume 1306, Page 259 of the
Official Public Records of Brazos County, Texas being a portion of circle of 155 foot radius
centered on the City of College Station Water Well No.1 and being more particularly
described as follows:
Commencing at the center of the said City of College Station Water Well No.1 in that 1.01
acre tract conveyed to the City of College Station by deed recorded in Volume 436, Page 422
of the Deed Records of Brazos County, Texas, from where GPS monument BZ136 bears S
81 ° 35' 34" W -12956.4'.
Thence S 79° 53' 05" E -155.00 feet. along the radius of said circle to the Point of
Beginning of this easement on the northwest line of the said Johnson 165.00 acre tract, at a
point from where a concrete monument found at the north comer of the said Johnson tract in
the southwest line ofF.M. 1687 (Sandy Point Ruad) bears N 42° 49' 45" E -96.8 feet;
Thence along the arc of Raid circle in a clock.-wise direction through a central angle of 65° 25'
41" through the said D'Anne Johnson tract back to the northwest line of same;
Thence N 42° 49' 45" E -167.54 feet along the northwest line of the said Johnson tract to
the Point of Beginning and containing 0.06 acres ofland more or less.
Bearings are Texas State Plane, NAD83(1993) datum, bHsed on Brazos County GPS
monuments BZ136 and BZ133 (N 35° 20' 24" E).
See survey plat dated August 2007.
34
Proposed Sanitary Control Easement
D'Anne Johnson Tract
Thomas Webb survey A-240
Brazos County,
/
/
/
I
I
/
/
Existing Location of City of College StationCity of College Station
Water Well No. 1 1.01 acres
(pump shaft) Vol. 436, Pg. 422
Texas
o 30 60
August 2007
120 Feet
aa=:JE1==t:=::EE33:=le=========~1
Bearings are Texas State Plane, NAD83(1993)
datum, based on Brazos Countx GPS monuments
BZ136 and BZ133 (N 35°20'24'E).
All existing easements and ~tilities are not
shown on this plat.
See separate metes and bounds description
prepared with this plat.
/
/
\
.,.,
~
~
AI Brandt, Jr. a nd '~
wife. Susan J. Brandt
12.00 acres
Vol. 3819, Pg. 153
(J\
(n .
D'Anne R. Johnson
(partial interest in) 165.00 ac.
Vol. 1306, Pg. 259
al~o ~ee:
(partial interest in) 185.85 ac.
Vol. 1949. Py. 304 (& olher~)
35
Joe Orr, Inc.
Surveyors & Engineers
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
Proposed Sanitary Control Easement
Britten Road R.O.vV. Adjoining Johnson Tract
Thomas Webb survey A-240
Brazos County, Texas
June 4,2008
All that certain tract or parcel ofland lying and being situated in the Thomas Webb survey,
Abstract No. 240 in Brazos County, Texas, being a part of Britten Road adjoining that 165.00
acre tract conveyed to D'Anne R. Johnson by deed recorded in Volume 1306, page 259 of
the Official Public Records of Brazos County, Texas, being a portion of circle of 155 foot
radius centered on the City of College Station Water Well No.1 and being more particularly
described as follows:
Beginning in the line between the said Johnson tract and Britten Road. from where a concrete
monument was found N 42° 49' 45" E -96.8 [t:et at the most northerly comer of the said
Johnson tract.
Thence S 42° 49' 45" W -167.54 feet along the line between the said Jolmson tract and
Britten Road to the beginning of a non-tangent curve to the right (R=155');
Thence along the arc of said curve through a central angle of 12° 01' 46", the chord of which
bears S 81 ° 36' 29" W -32.75 feet to the line between the said Thomas Webb survey and the
Francis W. Smith survey, abstract no. 219, which is the approximate centerline of Britten
Road;
Thence N 41 ° 41' 00" E -222.58 feet along the survey line and the approximate center to the
most northerly comer of this' tract and the beginning of a non-tangent curve to the right
(R=155');
Thence along the arc of said curve through a central angle of 14° 13' IT', the chord of which
bears S 3° 00' 16" W -38.37 feet to the Point of Beginning and containing 0.10 acres ofland
more or less.
Bearings are Texas State Plane, NAD83(1993) datum, based on Brazos County GPS
monuments BZ136 and BZ133 (N 35° 20' 24" E).
See survey plat dated June 2008.
36
Proposed Sanitary Control Easement
Britten Rd. R.O.W. at Johnson Tract
Thomas Webb survey A-240
June 2008Brazos County, Texas
o 30 60 120 Feet
EH3::::::EFd=t::::::EE33::~1~~~~~I
Bearings are Texas State Plane, NAD83(1993)
datum, based on' Brazos' County, GPS monuments
B2136 and B2133 (N 35°20'24'E).
All existing easements and utilities are not
shown on this plot.
See separate metes and bounds description
prepared with this plot.
1/2"IR found ot west corner-~~~~~
of Deer Troil subdivision
honored for original survey line
Existing Location of
City of College Station
Water Well ~~) 1\ ~: _14013'17' Rad.= 155'
(pump Sh~ S 3000'16"W-38.37'
.w '2956.4 ' S 79"
S 8"35'~4 -61'36 5,3 '05"r. GPS mono <:.
to City of College Station
1.01 acres
Vol. 436, Pg. 422
Proposed
Easement
0.10 acres
AI Brandt. Jr. and
wife, Susan J. Brandt
12.00 acres D'Anne R. Johnson
Vol. 3819, Pg. 153 (partial interest in) 165.00 ae.
I:!i= 12"07'46" Rod.= 155' Vol. 1306, Pg. 259
Ch.= S 81°36'29"W-32.75' also see:
(partial interest in) 185.85 ae.
Vol. 1949, Pg. 304 (& others)
Note:
The deed to Wolter S. Britten
in volume 168, page 409, may
include the southeast portion of
Britten Rood, but this could not Joe Orr, Inc.be verified, due to inadequate Surveyors &: Engineersproperty descriptions.
2167 Post Oak Circle
College Station, TX 77845
(979) 690-3378
37
October 9, 2008
Consent Agenda Item 2e
Electric Compliance Program Contract
To: Glen Brown, City Manager
From: David Massey, Director of College Station Electric Utilities Department
Agenda Caption: Presentation, possible action, and discussion to approve Contract #08-
245 to KEMA Inc. for $163,620.00 for consultation services in setting up an electric
compliance program.
Recommendation(s): Staff recommends Council approve this contract.
Summary: This contract is for consultation services in setting up an electric compliance
program to meet Texas Regional Entity (TRE) and North American Electric Reliability Council
(NERC) regulations and standards. This project includes: develop and prepare a Compliance
Manual that documents CoCS’s Compliance Program; design and populate a compliance
database for the Compliance Program monitoring; develop policies, procedures, and forms
for cyber security compliance; develop operating processes and procedures as required for
objective evidence; develop operating procedures to accommodate maintaining objective
evidence of compliance; assist in the identification and cataloging of objective evidence;
and, perform a third party mock audit for testing the compliance readiness.
Budget & Financial Summary: Funds for this program were included as an approved SLA
in the FY09 Electric Utility operating budget.
Attachments:
Contract on file in City Secretary Office
38
October 9, 2008
Consent Agenda Item 2f
Construction of Well #7 Collection Line
To: Glenn Brown, City Manager
From: David Coleman, Director of Water Services.
Agenda Caption: Presentation, possible action, and discussion regarding adoption of a
resolution to award Contract 08-285 to Brazos Valley Services in the amount of
$1,087,305.26 for the construction of Well #7 Collection Line.
Recommendation: Staff recommends Council adopt this resolution.
Summary: Projected water demands make it necessary to transport additional water
supply from the well field area to the City of College Station before next summer’s peak
consumption period. Well #7 has been drilled and completed, and is ready to be put into
service. This project will construct the Collection Line (3,817 feet long) to connect well #7
into our water system, to supply the City with the necessary capacity to meet future
demand. The location of the line is shown on the attached map.
Invitation to Bid 08-90 resulted in six bids:
· Brazos Valley Services $1,087,305.26
· Future Telecon, Inc $1,161,000.00
· Lewis Contractors, Inc $1,305,796.80
· Elliot Construction, Inc $1,310,177.25
· Knife River $1,391,202.55
· Sendero $1,401,688.75
Since Brazos Valley Services is the low bidder, and because they are currently doing highly
satisfactory work on our Parallel Transmission Line Phase III, staff recommends approval of
this resolution.
Budget & Financial Summary: Funds in the amount of $3,719,876 are budgeted for this
project in the Water Capital Improvement Projects fund. $395,857.40 has been encumbered
or expended to date, leaving a balance of $3,324,018.60. The “Resolution Declaring
Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this
item because a portion of the long term debt has not been issued for the project. This debt
is scheduled to be issued later this fiscal year.
Attachments:
Resolution
Bid Tab
Map
Reimbursement Resolution
39
40
RESOLUTION NO._______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE CONSTRUCTION
OF WATER WELL # 7 COLLECTION LINE PROJECT AND AUTHORIZING THE
EXPENDITURE OF FUNDS.
WHEREAS, the City of College Station, Texas, solicited bids for the construction phase of the
Water Well #7 Collection Line Project; and
WHEREAS, the selection of Brazos Valley Services is being recommended as the lowest
responsible bidder for the construction services related to the Water Well #7 Collection Line
Project; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby finds that Brazos Valley Services is the
lowest responsible bidder.
PART 2: That the City Council hereby approves the contract with Brazos Valley
Services for $1,087,305.26 for the labor, materials and equipment required
for the improvements related the Water Well #7 Collection Line Project.
PART 3: That the funding for this Contract shall be as budgeted from the Water
Capital Improvements Project Fund, in the amount of $1,087,305.26
PART 4: That this resolution shall take effect immediately from and after its passage.
ADOPTED this ninth day of October, A.D. 2008.
ATTEST: APPROVED:
City Secretary MAYOR
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt
City Attorney
41
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43
44
45
October 9, 2008
Consent Agenda Item 2g
BVSWMA Landfill Rate Resolution
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Discussion and possible action on a rate resolution setting landfill
special waste rates for the Brazos Valley Solid Waste Management Agency.
Recommendation(s): Staff recommends approval of the rate resolution setting landfill
special waste rates and fees for the Brazos Valley Solid Waste Management Agency. This
Rate Resolution was approved by the BVSWMA Policy Board at their meeting held on
September 9, 2008.
Summary: This rate resolution establishes rates charged for customers utilizing the
BVSWMA Landfill for disposal of special wastes. Special waste is defined as any solid waste
or combination of solid wastes that because of its quantity, concentration, physical or
chemical characteristics, or biological properties requires special handling and disposal to
protect human health or the environment.
Currently, special waste is assessed the same tipping fee as regular waste, or $24.05 per
ton. The charge for disposal of contaminated soils which have been approved by the Texas
Commission on Environmental Quality (TCEQ) and Management Staff for use as daily and/or
intermediate cover is $5.40 per measured ton.
The basic landfill tipping fee for special wastes that require special handling and/or
documentation or any item listed as a special waste by the State of Texas will be assessed
the basic landfill tipping fee of $35.00 per measured ton. However, the cities of Bryan and
College Station will continue to be charged a rate of $20.25 per ton for special wastes.
In addition, the charge for disposal of contaminated soils which have been approved by the
TCEQ and Management Staff for use as daily and/or intermediate cover will be assessed on
the basis of $12.00 per measured ton.
Although the resolution included rates for other services including the basic tipping fees,
white goods disposal fees, unsecured load fees, fees for other services, and the state
surcharge fee, these rates remain unchanged.
The City of Bryan council approved the rate resolution at their September 23, 2008
meeting.
Budget & Financial Summary: The changes established by this rate resolution should
have minimal impact on total landfill revenues.
Attachments:
1. Rate Resolution
2. Redline Rate Resolution
46
RESOLUTION NO.
A RESOLUTION ESTABLISHING CHARGES FOR DISPOSAL SERVICES
PROVIDED BY THE BRAZOS VALLEY SOLID WASTE MANAGEMENT AGENCY’S
ROCK PRAIRIE ROAD LANDFILL; REVOKING ALL PREVIOUS RESOLUTIONS
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Cities of Bryan and College Station, Texas, through the Brazos Valley Solid
Waste Management Agency Interlocal Agreement (BVSWMA) jointly own the Rock Prairie
Road Landfill (the “Landfill”), and
WHEREAS, BVSWMA requires that each City adopt the charges for landfill disposal services
provided to the various customers of the Landfill, and
WHEREAS, the BVSWMA Policy Board has reviewed and approved the operating budget and
charges assessed under BVSWMA; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: Charges for disposal services shall be assessed on the following basis:
A. NORMAL MUNICIPAL SOLID WASTE
1. The basic landfill tipping fee for normal municipal solid waste shall be
assessed on the basis of $24.05 per measured ton.
2. A customer class including the Cities of Bryan and College Station, Texas
shall be charged $20.25 per measured ton of waste material brought into
the landfill.
B. SPECIAL WASTES
1. The basic landfill tipping fee for special wastes which requires special
handling and/or documentation or any item listed as a special waste by the
State of Texas, in accordance with Texas Administrative Code (TAC),
Section 330.171, or other relevant statutes as amended, shall be assessed
the basic landfill tipping fee of $35.00 per measured ton.
2. The customer class including the Cities of Bryan and College Station,
Texas shall be charged $20.25 per measured ton for any special waste
disposed of at the landfill.
C. TIRES
1. The fee charged for tires brought to the landfill for disposal shall be:
A. $3.25 per tire for tires up to 19.5 inches in diameter
47
RESOLUTION NO. ____________________ Page 2
B. $8.65 per tire for tires between 19.6 inches and 24.5 inches in
diameter
C. $21.60 per tire for tires in excess of 24.5 inches in diameter.
D. WHITE GOODS, APPLIANCES, REFRIGERATION DEVICES.
1. The fee charged to recover Freon from refrigeration devices brought to the
landfill shall be $10.80 per unit and shall be assessed the basic landfill
tipping fee of $24.05 per measured ton. Refrigeration devices that have
undergone Freon removal and have been stamped by a certified Freon
extractor prior to arriving at the landfill will be assessed the basic landfill
tipping fee of $24.05 per measured ton.
2. All other white goods and appliances shall be assessed the basic landfill
tipping fee of $24.05 per measured ton.
E. UNSECURED LOAD FEES
1. Users of the landfill who enter the landfill with waste materials not secured
in a manner as to prevent spillage or blowing of waste from the vehicle
and/or container used to transport the waste during the transportation of
waste shall be assessed a surcharge of $10.80 per measured ton over the
base tipping fee with a minimum charge of $10.80.
F. PULLOFF/CLEAN-OUT FEES
1. Users of the landfill upon execution of a waiver of liability and at the
discretion of landfill personnel may be allowed to utilize equipment and/or
devices provided by the landfill to assist in the unloading or clean-out of
waste for a charge of $10.80 per load occurrence and/or trip into the
landfill.
G. CONTAMINATED/CLEAN SOILS
1. The charge for the disposal of contaminated soils received at the landfill
which have been approved by the Texas Commission On Environmental
Quality and the Management Staff of the landfill for use as daily and/or
intermediate cover material shall be assessed on the basis of $12.00 per
measured ton.
2. No charge will be assessed for clean soils that can be utilized as daily
and/or intermediate cover material.
48
RESOLUTION NO. ____________________ Page 3
H. CHARGES BY CUBIC YARD
1. In the event that it becomes impossible or impractical to assess fees on a
per weight basis, the following schedule of rates will be assessed based
upon the estimated capacity of the vehicle and/or container used to
transport waste into the landfill.
A. A customer class including the Cities of Bryan and College Station
shall be charged $9.20 per cubic yard.
B. All other customers shall be charged $10.80 per cubic yard.
I. In addition to the fees established above, each customer shall pay any fees,
charges, or taxes as required by the State of Texas, in accordance with 30 Texas
Administrative Code (TAC), Section 330.602, or other relevant statutes as
amended.
PART 2: These rates shall become effective on all services provided by the Rock Prairie
Road Landfill on or after November 1, 2008.
PART 3: This resolution shall become effective from and after its passage in accordance with the
terms and conditions of the inter-local agreement between the Cities of College Station
and Bryan, Texas and with the City Charter of the City of College Station, Texas.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED
City Secretary Mayor
APPROVED:
E-Signed by Carla A. Robinson
VERIFY authenticity with ApproveIt
City Attorney
49
RESOLUTION NO.
A RESOLUTION ESTABLISHING CHARGES FOR DISPOSAL SERVICES
PROVIDED BY THE BRAZOS VALLEY SOLID WASTE MANAGEMENT AGENCY’S
ROCK PRAIRIE ROAD LANDFILL; REVOKING ALL PREVIOUS RESOLUTIONS
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Brazos Valley Solid Waste Management Agency (BVSWMA) is an entity
created under an interlocal agreement between the Cities of Bryan and College Station, Texas,
and
WHEREAS, the interlocal agreement requires that each City adopt the charges for landfill
disposal services provided to the various customers of any landfill operated by BVSWMA, and
WHEREAS, the BVSWMA Board of Directors has reviewed and approved the operating budget
and charges assessed by the Agency; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: Charges for disposal services shall be assessed on the following basis:
A. NORMAL MUNICIPAL SOLID WASTE
1. The basic landfill tipping fee for normal municipal solid waste shall be
assessed on the basis of $24.05 per measured ton.
2. A customer class including the Cities of Bryan and College Station, Texas
shall be charged $20.25 per measured ton of waste material brought into
the landfill.
B. SPECIAL WASTES
1. The basic landfill tipping fee for special wastes which does not requires
special handling and/or documentation or any item listed as a special waste
by the State of Texas, in accordance with Texas Administrative Code
(TAC), Section 330.171, or other relevant statutes as amended, shall be
assessed the basic landfill tipping fee of $24.05 $35.00 per measured ton.
2. The customer class including the Cities of Bryan and College Station,
Texas shall be charged $20.25 per measured ton for any special waste
disposed of at the landfill.
C. TIRES
1. The fee charged for tires brought to the landfill for disposal shall be:
A. $3.25 per tire for tires up to 19.5 inches in diameter
50
RESOLUTION NO. ____________________ Page 2
B. $8.65 per tire for tires between 19.6 inches and 24.5 inches in
diameter
C. $21.60 per tire for tires in excess of 24.5 inches in diameter.
D. WHITE GOODS, APPLIANCES, REFRIGERATION DEVICES.
1. The fee charged to recover Freon from refrigeration devices brought to the
landfill shall be $10.80 per unit and shall be assessed the basic landfill
tipping fee of $24.05 per measured ton. Refrigeration devices that have
undergone Freon removal and have been stamped by a certified Freon
extractor prior to arriving at the landfill will be assessed the basic landfill
tipping fee of $24.05 per measured ton.
2. All other white goods and appliances shall be assessed the basic landfill
tipping fee of $24.05 per measured ton.
E. UNSECURED LOAD FEES
1. Users of the landfill who enter the landfill with waste materials not secured
in a manner as to prevent spillage or blowing of waste from the vehicle
and/or container used to transport the waste during the transportation of
waste shall be assessed a surcharge of $10.80 per measured ton over the
base tipping fee with a minimum charge of $10.80.
F. PULLOFF/CLEAN-OUT FEES
1. Users of the landfill upon execution of a waiver of liability and at the
discretion of landfill personnel may be allowed to utilize equipment and/or
devices provided by the landfill to assist in the unloading or clean-out of
waste for a charge of $10.80 per load occurrence and/or trip into the
landfill.
G. CONTAMINATED/CLEAN SOILS
1. The charge for the disposal of contaminated soils received at the landfill
which have been approved by the Texas Commission On Environmental
Quality and the Management Staff of the landfill for use as daily and/or
intermediate cover material shall be assessed on the basis of $5.40 $12.00
per measured ton.
2. No charge will be assessed for clean soils that can be utilized as daily
and/or intermediate cover material.
51
RESOLUTION NO. ____________________ Page 3
H. CHARGES BY CUBIC YARD
1. In the event that it becomes impossible or impractical to assess fees on a
per weight basis, the following schedule of rates will be assessed based
upon the estimated capacity of the vehicle and/or container used to
transport waste into the landfill.
A. A customer class including the Cities of Bryan and College Station
shall be charged $9.20 per cubic yard.
B. All other customers shall be charged $10.80 per cubic yard.
I. In addition to the fees established above, each customer shall pay any fees,
charges, or taxes as required by the State of Texas, in accordance with 30 Texas
Administrative Code (TAC), Section 330.602, or other relevant statutes as
amended.
PART 2: These rates shall become effective on all services provided by the Rock Prairie
Road Landfill on or after November 1, 2008.
PART 3: This resolution shall become effective from and after its passage in accordance with the
terms and conditions of the inter-local agreement between the Cities of College Station
and Bryan, Texas and with the City Charter of the City of College Station, Texas.
ADOPTED this day of , A.D. 2008.
ATTEST: APPROVED
City Secretary Mayor
APPROVED:
City Attorney
52
October 9, 2008
Consent Agenda Item 2h
Brazos Valley Convention and Visitors Bureau Budget and Funding Agreement
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on approving the budget of
the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action
and discussion on a funding agreement between the City of College Station and the Brazos
Valley Convention and Visitors Bureau for FY09 in the amount of $1,160,000.
Recommendation(s): Staff recommends approval of the CVB budget and the funding
agreement for FY09.
Summary: As part of the 2008-2009 budget process the City Council approved funding for
the Brazos Valley Convention and Visitors Bureau in the amount of $1,160,000. This
funding is for the provision of tourism related services.
Budget & Financial Summary: The funds for this agreement are budgeted and available
in the 2008-2009 Hotel Tax Fund Budget. A total of $1,160,000 is to be used for the
operations of the Convention and Visitors Bureau next year.
State law requires that the City Council adopt the budget of any organization that is to be
funded through the Hotel Tax Fund.
Attachments:
1. Brazos Valley Convention and Visitors Bureau Budget (To be provided prior to
meeting)
2. Funding Agreement (To be provided prior to meeting)
53
October 9, 2008
Consent Agenda Item 2i
Funding Agreement With Research Valley Partnership
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on a funding
agreement between the City of College Station and the Research Valley Partnership
for FY09 in the amount of $343,287.
Recommendation(s): Staff recommends approval of the funding agreement.
Summary: As part of the 2007-2008 budget process the City Council approved
funding for the Research Valley Partnership in the amount of $343,287. This funding
is for the provision of economic development services for the area.
Budget & Financial Summary: The funds for this agreement are budgeted and
available in the 2008-2009 General Fund and Economic Development Fund in the
total amount of $343,287. $293,287 is to be used for the operations and
maintenance of the Research Valley Partnership next year and is funded from the
General Fund. $50,000 is to be used for marketing efforts of the Research Valley
Partnership and is funded from the Economic Development Fund. The $50,000 in the
Economic Development Fund will not be paid until the City Council provides further
direction to pay it after making policy decisions on economic development.
Attachments:
Research Valley Partnership Funding Agreement (To be provided prior to Council
Meeting)
54
October 9, 2008
Consent Agenda Item 2j
Arts Council Budget and
Funding Agreements With Arts Council of Brazos Valley
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action and discussion on approving the
budget of the Arts Council of Brazos Valley; and presentation, possible action and
discussion on three (3) funding agreements between the City of College Station and
the Arts Council of Brazos Valley for FY09 totaling $440,000.
Recommendation(s): Staff recommends approval of the Arts Council budget and
approval of the funding agreements.
Summary: As part of the 2008-2009 budget process the City Council approved
funding for the Arts Council of Brazos Valley in the amount of $440,000.
Of this total, $100,000 is from the General Fund for operations and maintenance of
the Arts Council. $140,000 is from the Hotel Tax fund for operations and
maintenance associated with the administration of Hotel Tax funds. Finally, $200,000
is from the Hotel Tax fund for affiliate grants.
This item is consideration of the 3 funding agreements.
State law requires that the City Council adopt the budget of any organization that is
to be funded through the Hotel Tax.
Budget & Financial Summary: The funds for this agreement are budgeted and
available in the 2008-2009 General Fund in the amount of $100,000 and the Hotel
Tax Fund Budget in the amount of $340,000,and .
Attachments: The following documents will be made available prior to the meeting:
Arts Council of Brazos Valley Budget
Arts Council of Brazos Valley General Fund Funding Agreement
Arts Council of Brazos Valley Hotel Tax Fund O&M Funding Agreement
Arts Council of Brazos Valley Affiliate Funding Agreement
55
October 9, 2008
Consent Agenda Item 2k
Health Plan Renewal Expenditures
January 1, 2009 – December 31, 2009
To: Glenn Brown, City Manager
From: Kathy Merrill, Assistant City Manager
Agenda Caption: Presentation, possible action, and discussion on the City’s health
plan renewal expenditures for the period of January 1, 2009 through December 31,
2009. The projected amount is $ 5,904,750.
Recommendation(s): Staff recommends approval of renewal expenditures
Summary: The original contracts for the City’s health plan were approved in 2008.
This 2009 renewal is the first of three renewals under the approved contracts. The
City’s health plan includes:
§ Medical/Dental/Stop Loss Coverage;
§ Prescription Drug Coverage;
§ Basic Life Insurance and Basic Accidental death ad dismemberment;
§ Long-term Disability;
§ Employee Assistance Program; and
§ Vision Program
For 2009, BlueCross/BlueShield requested a total increase of 6.6% on the medical
and dental administration fees combined. These fees are in alignment with the three
year rate caps provided in the Administrative Service Agreement effective January 1,
2008. BlueCross/BlueShield did not request a renewal increase for the Specific and
Aggregate Stop Loss contracts, while increasing the Lifetime Maximum from
$2,000,000 to $5,000,000. The City’s Aggregate Stop Loss contract renewal was
decreased by 2%, while the national average is increasing by approximately 10%.
The City’s Prescription Drug Coverage, Basic Life/AD&D, LTD, EAP, and Vision
programs are currently under a rate guarantee period and therefore will renew at the
existing rate structure.
The 2009 plan year projected costs are based on a monthly average of 814
employees on the plan. This represents a cost to the City of $ 605 per employee per
month.
Budget and Financial Summary: Funds are available and budgeted in the
employee benefits fund.
Attachments:
1. Consultant Recommendation Letter
2. 2009 Cost Projections
56
57
58
Executive Summary
Projected Program Costs for Claims and Administrative Fees
01-01-2009 to 12-31-2009
Average Monthly Employees on Health Plan 814
Administration PEPM Annual Expense
Medical (including wellness)$38.82 379,194$
Dental $3.72 36,337$
Pharmacy $0.00 -$
Vision Voluntary Voluntary
EAP $1.27 12,405$
Specific Stop Loss $27.83 271,843$
Aggregate Stop Loss $3.78 36,923$
Basic Life Insurance rate = .009% payroll volume 80,020$
Basic AD&D rate = .003% payroll volume 26,673$
Long Term Disability rate = .18% payroll volume 66,683$
Total Fixed Costs $93.17 $910,078.56
Claims PEPM Annual Expense
Medical $352.96 $3,447,713.28
Dental $42.42 $414,358.56
Pharmacy $115.95 $1,132,599.60
Total Claims $511.33 $4,994,671.44
Total Projected Cost $604.50 $5,904,750.00
59
October 9, 2008
Regular Agenda Item 1
Poplar Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion on an
ordinance rezoning 0.48 acres from C-2 Commercial Industrial and R-6 High Density Multi-
Family to C-1 General Commercial for the properties located at 104, 106 and 108 Poplar
Street, and generally located along the south side of Poplar Street, east of its intersection
with Texas Avenue.
Recommendation(s): The Planning & Zoning Commission heard this item at their
September 18, 2008 regular meeting and unanimously recommended approval of this
request with a vote of 7-0. Staff also recommended approval of the rezoning request.
Summary: The 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 Land Use Plan designates this
property and the surrounding area as Redevelopment. The Comprehensive Plan defines
Redevelopment as “currently developed areas which will experience redevelopment as a
result of increased land value. Redevelopment will occur as mixed use
developments…Mixed use redevelopment areas are projected for areas close to the
University…” It further describes mixed use developments as “areas which encourage
mixing of compatible land uses such as retail/commercial, office, parks, multifamily, and
attached single-family. These uses are developed together in a manner that allows
interaction between the uses and that allows each use to support the other uses. The
residential uses provide the patrons for the office and commercial uses. The layout of
these land uses must take into consideration pedestrian linkages, landscape buffers
between the uses, shared site improvements and vehicular circulation. The success of
these mixed use areas is directly related to the sensitive master planning of the site
layout.”
The applicant has proposed to redevelop the subject property in conjunction with the
adjacent former Adult Video site as a two-story office building, although the rezoning
would allow for the development of any of the permitted uses in the C-1 district.
Because it is a single use, the proposed development does not itself meet the definition
or intent of mixed use. While there is a mix of uses in the general vicinity, including
limited retail, restaurants, a hotel and single-family homes, the area is distinctly missing
the density created by a multi-family component. Further, the uses existing in the area
do not lend themselves toward support of one another – a small group of detached, non-
conforming, single-family homes, a hotel, vehicle rental and service do not create the
synergy expected in a mixed-use area. As this larger area redevelops, there is an
opportunity to work toward consolidation of properties and a larger-scaled
redevelopment that meets the intent of mixed use.
60
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The surrounding properties are
largely developed with general commercial uses, the same as those allowed by the
proposed C-1 General Commercial zoning on the subject property. The property located
directly to the east is zoned R-6 High Density Multi-family, but is developed as a single-
family home. Since single-family homes are not a permitted use in the R-6 district, the
home is not a conforming use. General commercial uses are generally compatible with
the uses permitted in a high-density multi-family district.
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 district is designed to provide locations for general commercial purposes, that
is, retail sales and service uses that function to serve the entire community and its
visitors. Poplar Street was designed and built as a residential street to serve adjacent
single-family lots. Many of these lots have since redeveloped (primarily to the north) as
commercial uses. The subject property is less than a half of an acre in size and has
limited visibility from a major roadway. Because of this, not all general commercial uses
may be appropriate on the property.
4. Suitability of the property affected by the amendment for uses permitted by the
district applicable to the property at the time of the proposed amendment: The
property is currently zoned C-2 Commercial Industrial and R-6 High Density Multi-
Family. The Commercial Industrial district is designed to provide a location for outlets
offering goods and services to a limited segment of the general public. The uses
included primarily serve other commercial and industrial enterprises. The High Density
Multi-Family district contains land used for a variety of housing types, but primarily
multiple family dwellings. The district is designed to provide the highest density in the
community for developments in close proximity to the University. These uses don’t
generally rely on visibility to major roadways, but again, because of the size of the
property not all uses permitted in these districts may be appropriate on the property.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The existing zoning allows the property to be marketed for commercial industrial and
multi-family uses. The proposed rezoning would generally allow for the property to be
marketed for general commercial development.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: There is an existing 12-inch
water line along the north side of Poplar Street available to serve the property. There is
also an 8-inch sanitary sewer line along Poplar Street at the front of the property. Site
drainage is primarily to the southeast within the Wolf Pen Creek drainage basin. Access
to the site is available through Poplar Street. 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, September 18, 2008
3. Ordinance
61
62
September 18, 2008 P&Z Regular Meeting Minutes Page 1 of 2
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, September 18, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Bill Davis, Noel Bauman, Paul
Greer, Doug Slack, Thomas Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Planning Administrator Molly Hitchcock, Senior Planners Lindsay
Boyer and Jennifer Prochazka, Staff Planners Jason Schubert, Lauren Hovde, Matt Robinson,
Graduate Civil Engineer Erika Bridges, Assistant City Engineer Josh Norton, Senior Assistant
City Engineer Carol Cotter, Transportation Planning Coordinator Joe Guerra, City Engineer Alan
Gibbs, Assistant Directors Lance Simms and Gabriel Elliott, First Assistant City Attorney Carla
Robinson, Action Center Representative Kerry Mullins and Staff Assistants Nicole Padilla and
Amber Carter
Regular Agenda
5. Public hearing, presentation, possible action, and discussion regarding a rezoning from C-
2 Commercial Industrial and R-6 High Density Multi-Family to C-1 General Commercial
for 0.48 acres located at 104, 106 and 108 Poplar Street, and more generally located on
the south side of Poplar Street, east of its intersection with Texas Avenue. Case #08-
500169 (JP)
Senior Planner, Jennifer Prochazka, presented the item for a rezoning from C-2
Commercial Industrial and R-6 High Density Multi-Family to C-1 General Commercial
and recommended approval with limited guidance from the Comprehensive Plan. She
answered questions in general from the Commissioners.
Chairman Nichols opened the public hearing.
James Allen, 171253 Nacogdoches, explained his proposed future uses of the property for
office buildings. He answered questions in general from the Commissioners.
Chairman Nichols closed the public hearing.
63
September 18, 2008 P&Z Regular Meeting Minutes Page 2 of 2
Commissioner Davis motioned to approve the item as submitted. Commissioner
Woodfin seconded the motion, motion passed (7-0).
64
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE,"
SECTION 4.2, "OFFICI~ 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 9th day of October, 2008
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
City Attomeg //
65
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 C-2 Commercial Industrial and R-6 High Density Multi-Family
to C-1 General Commercial and is graphically shown in EXHIBIT "B":
A 0.2575 OF AN ACRE OR 1 1,216 SQUARE FEET MORE OR LESS, TRACT OF LAND, OUT
OF THE RICHARD CARTER LEAGUE, BRAZOS COUNTY, TEXAS AND BEING ALL OF LOTS 9
AND 10 OF THE ARMSTRONG ADDITION OF COLLEGE STATDN OF RECORD IN VOLUME
155 PAGE 376, DEED RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDSAS FOLLOWS:
BEGINNING: AT A FOUND 1/2" IRON ROD IN-THE SOUTHEAST RIGHT OF WAY LlNE OF
POPLAR STREET, A 50 FOOT RIGHT OF WAY DEDICATED IN VOLUME 155 PAGE 376,
DEED RECORDS OF BRAZOS COUNTY, TEXAS, FOR THE NORTHWEST CORNER OF LOT 1 I
OF THE ARMSTRONG ADDITION AND THE SOUTHWEST CORNER OF LOT 10 OF THE
ARMSTRONG ADDITION AND THIS TRACT.
THENCE: N2735'36"E WlTH THE SOUTHEAST RIGKT OF WAY LlNE OF POPLAR STREn
AND THE NORTHWEST LlNE OF LOTS 10 AND 9, AT A DISTANCE OF 59.39 FEET
PASSING A FOUND 1/2" IRON ROD FOR THE NORTHWEST CORNER OF LOT 10 AND THE
SOUTHWEST CORNER OF LOT 9 AND CONTINUING FOR A TOTAL DISTANCE OF 119.08
FEET TO A SET 1/2" IRON ROD WITH A BLUE PLASTIC CAP 5TAMPED XW SURVEYING"
FOR THE NORTHWEST CORNER OF LOT 9 AND THlS TRACT AND THE SOUTHWEST
CORNER OF LOT 8 OF THE ARMS?-RONG ADDITION, FROM WHICH A FOUND 1/2" IRON
ROD FOR THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED TO GEORGE C.
CHEN ET UX BEARS N40'30'12"E, A DISTANCE OF 86.56 FEET;
THENCE: S49'19'0SWE WITH THE NORTHEAST LINE OF LOT 9 AND THE SOUTHWEST
LINE OF LOT 8, A DISTANCE OF 11 0.00 FEE7 TO A SET 1/2" IRON ROD WITH A BLUE
PlASTlC CAP STAMPED "KFW SURVEYING" IN THE NORTHWEST LlNE OF A TRACT OF
LAND CONVEYED TO LQM OPERATING PARTNERS, LP OF RECORD IN VOLUME 1007
PAGE 488, OFFICIAL PUBUC RECORD OF BRAZOS COUNTY, TEXAS, FOR THE
SOUTHEAST CORNER OF LOT 8 AND THE NORTHEAST CORNER OF LOT 9 AND THIS
TRACT;
THENCE: S40'30'12"W Wl7H THE NORTHWEST LlNE OF THE LQM TRACT AND THE
SOUTHEAST LlNE OF LOTS 9 AND 10 AND THIS TRACT, AT A DISTANCE OF 58.74 FEET
PASSING A SET 1/2" IRON ROD Wi7H A BLUE PLASTIC CAP STAMPED "KFW SURVEYING"
FOR THE COMMON LOT CORNER 9/10, AND CONTINUING FOR A TOTAL DISTANCE OF
115.99 FEET TO A SET 1/2" IRON ROD WITH A BLUE PLASTIC CAP STAMPED "KFW
SURVEYING" FOR THE SOUTHEAST CORNER OF LOT 10 AND THE NORTHCQST CORNER
OF A TRACT OF LAND BEING A PORTION OF LOT 29 OF THE D. A. SMITH SUBDIVISION
(CALLED THE SOUSARES TRACT ON THE ARMflRONG ADDITION PLAT) OF RECORD IN
VOLUME 49 PAGE 106, DEED RECORDS OF BRAZOS COUNTY, EX4.5.
THENCE: N49'19'05"W WITH THE NORTHEAST LlNE OF THE SOUSARE TRACT AND LOT
11 AND THE SOUTHWEST LlNE OF LOT 10 AND THIS TRACT, A DISTANCE OF 83.40
FEET TO THE POINT OF BEGINNING AND CONTAINING 0.2575 OF AN ACRE. SAID
TRACT BEING DESCRIBED IN ACCORDANCE WITH A SURVEY PREPARED BY KW
SURVEYING.
66
ORDINANCE NO. Page 3
A 0.21 86 OF AN ACRE OR 9,522 SQUARE FEE7 MORE OR LESS, TRACT OF LAND, OUT
OF THE RICHARD CARTER LUGUE, BRAZOS COUNTY, TEXAS AND BEING ALL OF LOT 8
AND A SOUTH PORTION OF LOT 7 OF THE ARMgRONG ADDITION OF COLLEGE
STATION OF RECORD IN VOLUME 155 PAGE 376, DEED RECORDS OF BRAZOS COUNTY,
TEXAS, AND BEING ALL OF THAT TRACT OF LAND CONVEYED TO GEORGE C. AND
MARIAN C. CHEN, TRUSTrE OF RECORD IN VOLUME 2302 PAGE 59, OFFICIAL PUBUC
RECORDS OF BRAZOS COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY
MFrES A ND BOUNDS AS FOLLOWS:
BEGINNING: AT A SET 1/2" IRON ROD WLW A BLUE PLASTIC CAP STAMPED "KFW
SURVEYING" IN THE SOUTHEAST RIGHT OF WAY LlNE OF POPLAR STREET, A 50 FOOT
RIGHT OF WAY DEDICATED IN VOLUME 155 PAGE 376, DEED RECORDS OF BRAZOS
COUNTY, TEXAS, FOR THE NORTHWEST CORNER OF LOT 9 OF THE ARMSTRONG
ADDITION AND THE SOUTHWEfl CORNER OF LOT 8 OF THE ARMSTRONG ADDITION,
THE CHEN TRACT AND THIS TRACT, FROM WHICH A FOUND 1/2" IRON ROD FOR THE
SOUTHWEST CORNER OF LOT 9 BEARS S27'3S136"W, A DISTANCE OF 59.69 FEET
THENCE: N40'30'7Z'E WITH THE SOUTHEAST RIGHT OF WAY LlNE OF POPLAR STRE.U
AND THE NORTHWEST LlNE OF THE CHEN TRACT AND LOTS 8 AND 7, A DISTANCE OF
86.56 FEET TO A FOUND 1/2" IRON ROD FOR THE NORTHWEST CORNER OF THE CHEN
TRACT AND THlS TRACT AND THE SOUTHWEg CORNER OF A TRACT OF LAND
CONVEYED TO JOHN B. JANIK, TRUSTEE.
THENCE: S49'19'05"E WITH THE NORTHEAST LlNE OF THE CHEN TRACT AND THIS
TRACT AND THE SOUTHWEST LlNE OF THE JANIK TRACT, DIflANCE OF 110.00 FEET
TO A FOUND 1/2" IRON PIN IN THE NORTHWEST LlNE OF A TRACT OF LAND
CONVEYED TO LQM OPERATING PARTNERS, LP OF RECORD IN VOLUME 1007 PAGE
488, OFFICIAL PUBUC RECORDS OF BRAZOS COUNTY, TEXAS, FOR THE SOUTHEAST
CORNER OF THE JANIK TRACT AND THE NORTHEAST CORNER OF THE CHEN TRACT
AND THIS TR40.
THENCE: S40'30'1ZW WITH THE NORTHWEg LINE OF THE LQM TRACT AND THE
SOUTHEAST LlNE OF THE CHEN TRACT AND LOTS 7 AND 8, A DISTANCE OF 86.56
FEET TO A SET 1/2" IRON ROD WITH A BLUE PLASTIC CAP STAMPED 'KFW SURVEYING"
FOR THE SOUTHEAST CORNER OF LOT 8 AND THIS TRACT AND THE NORTHEAST
CORNER OF LOT 9.
THENCE: N49'19'05"W WLW THE NORTHEA~~ LINE OF LOT 9 AND THE SOUTHWEST
LINE OF LOT 8 AND THlS TRACT, A DISTANCE OF 1 10.00 FEET TO THE POINT OF
BEGINNING AND CONTAINING 0.21 86 OF AN ACRE. SAID TRACT BEING DESCRIBED IN
ACCORDANCE WITH A SURVEY PREPARED BY KFW SURVEYING.
67
ORDINANCE NO.
EXHIBIT "B"
Page 4
68
October 9, 2008
Regular Agenda Item 2
4270 State Highway 6 South Rezoning
To: Glenn Brown, City Manager
From: Bob Cowell, AICP, Director of Planning & Development Services
Agenda Caption: Public hearing, presentation, possible action, and discussion regarding a
rezoning of 14.19 acres from A-O, Agricultural-Open, to approximately 3.76 acres of C-1
General Commercial and 10.44 acres of R-1 Single Family Residential located at 4270 State
Highway 6 South, generally located north of the Spring Creek Gardens Subdivison. Case #08-
500152 (LH)
Recommendation(s): The Planning and Zoning Commission unanimously recommended
approval in their September 18, 2008 meeting. Staff also recommended approval.
Summary: REVIEW CRITERIA
1. Consistency with the Comprehensive Plan: The request to rezone the A-O property to
C-1, Commercial will be appropriate for the Comprehensive Plan designation of Retail
Regional for the tract abutting Highway 6. The tract abutting Decatur has a Comprehensive
Plan designation of Single Family High Density which allows for a zoning of R-1, Single
Family Residential.
2. Compatibility with the present zoning and conforming uses of nearby property and
with the character of the neighborhood: The subject property is abutted on its north side
by a commercial property, which is occupied by a church, and vacant single family
residential property. To the south, a PDD is utilized for townhouse and single-family (Spring
Creek Townhomes and Spring Creek Gardens – two separate subdivisions) development –
also there is C-1 on the front (part of Tower Point Subdivision). Both the east and west
sides of the subject property are met by rights-of way designated on the City of College
Station Thoroughfare Plan which are Decatur Drive, Major Collector, and State Highway 6,
Freeway/Expressway. Across Decatur Drive, to the west, is the Shenandoah Subdivision, a
single family residential development. Therefore, C-1 in the front is compatible with the
commercial uses already along State Highway 6 and R1 is compatible with residential uses
approved along Decatur.
3. Suitability of the property affected by the amendment for uses permitted by the
district that would be made applicable by the proposed amendment: The subject
property does not contain floodplain and is sufficiently large enough, with direct access to
Longmire Drive and State Highway 6, for the mix of uses proposed with this rezoning.
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: A-O,
Agricultural-Open, is not a suitable use for the subject property due to the residential and
commercial environment of the area. However, it is of sufficient size to be developed into a
rural residential subdivision, which is a permitted use in A-O.
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:
69
The existing zoning allows the property to be marketed for agricultural related or rural
residential uses. The proposed rezoning would generally allow for the property to be
marketed for general commercial development along State Highway 6 and single family
residential along Decatur.
6. Availability of water, wastewater, stormwater, and transportation facilities generally
suitable and adequate for the proposed use: There are existing water and sanitary
sewer mains available to serve this property. Drainage is mainly to the southeast within the
Spring Creek drainage basin. 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 the State Highway 6 South Frontage Rd. and Decatur Dr.
Budget & Financial Summary: N/A
Attachments:
1. Item Background
2. Draft Planning and Zoning Commission Minutes, September 18, 2008
3. Ordinance
70
NOTIFICATIONS
Advertised Commission Hearing Date: September 18, 2008
Advertised Council Hearing Dates: October 9, 2008
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
Springcreek Gardens Homeowner Association
Property owner notices mailed: 52
Contacts in support: 0
Contacts in opposition: 0
Inquiry contacts: 3
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North
Retail Commercial,
Single Family
Residential Medium
Density,
Retail Neighborhood
C-1, Commercial and
M-1, Light Industrial Korean Mission Church
South
Retail Regional,
Single Family
Residential High
Density
C-1, Commercial and
PDD, Planned
Development District
Vacant,
Spring Creek Garden
(Townhomes)
East Freeway/Expressway
Thoroughfare N/A State Highway 6
West
Major Collector
Thoroughfare,
Single Family
Residential Medium
Density
N/A,
R-1, Single Family
Residential
Decatur Drive,
Shenandoah
Subdivision
DEVELOPMENT HISTORY
Annexation: October 13, 1983
Zoning: A-O, Agricultural Open since annexation
Final Plat: Unplatted
Site development: Undeveloped
71
September 18, 2008 P&Z Regular Meeting Minutes Page 1 of 5
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, September 18, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Bill Davis, Noel Bauman, Paul
Greer, Doug Slack, Thomas Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: None
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Senior Planners Lindsay Boyer and Jennifer Prochazka, Staff
Planners Jason Schubert, Lauren Hovde, Matt Robinson, Graduate Civil Engineer Erika Bridges,
Assistant City Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter,
Transportation Planning Coordinator Joe Guerra, City Engineer Alan Gibbs, Assistant Directors
Lance Simms and Gabriel Elliott, First Assistant City Attorney Carla Robinson, Action Center
Representative Kerry Mullins and Staff Assistants Nicole Padilla and Amber Carter
1. Call Meeting to Order.
Chairman Nichols called the meeting to order at 7:05 p.m.
2. Hear Citizens.
None
3. Consent Agenda.
3.1 Consideration, discussion and possible action on Absence Requests from
meetings.
3.2 Consideration, discussion, and possible action to approve meeting Minutes.
· August 21, 2008 ~ Workshop
· August 21, 2008 ~ Regular
3.3 Presentation, possible action, and discussion on a Preliminary Plat for the Cutting
Edge Addition at 7103 Rock Prairie Road East, consisting of one lot on 5.05 acres
72
September 18, 2008 P&Z Regular Meeting Minutes Page 2 of 5
generally located along Rock Prairie Road across from the Landfill. Case #08-
00500179 (MR)
3.4 Presentation, possible action, and discussion on a Preliminary Plat for Creek
Meadows subdivision consisting of 896 lots on 293.222 acres located at 3659
Greens Prairie Trail generally located along Greens Prairie Trail between Royder
Ridge and Greens Prairie Road West. Case #08-00500175 (LB)
Commissioner Davis motioned to approve Consent Agenda items 3.1 and 3.3.
Commissioner Bauman seconded the motion, motion passed (7-0).
Regular Agenda
4. Consideration, discussion, and possible action on items removed from the Consent
Agenda by Commission action.
Item 3.4 the Preliminary Plat for Creek Meadows was removed from the Consent Agenda
at Commissioner Stearn’s request.
Commissioner Stearns expressed his view that Creek Meadows was not an efficient way
to develop.
Commissioner Davis motioned to approve the Preliminary Plat as submitted.
Commissioner Bauman seconded the motion, motion passed (6-1). Commissioner
Stearns voted against the motion.
5. Presentation, possible action, and discussion of a Variance Request to Section 8-I.2,
Utility Easements, of the Subdivision Regulations and presentation, possible action, and
discussion on a Preliminary Plat for Spring Creek Commons consisting of 15 lots on
47.717 acres located at 4405 State Hwy. 6 South, generally located at the northeast corner
of State Hwy. 6 and William D. Fitch Pkwy. Case #08-00500188 (JS)
Jason Schubert, Staff Planner, presented the Variance Request to Section 8-I.2, Utility
Easements, of the Subdivision Regulations and the proposed Preliminary Plat. He further
explained that if the variance was approved, staff recommended approval of the
preliminary plat with the condition that the attached staff review comments be addressed.
There was general discussion regarding the variance request.
Veronica Morgan, 511 University Drive, presented the utility easements that she felt
showed easy accessibility for city employees and health care. She then requested that the
Commissioners vote on the Variance Request before moving on with the Preliminary Plat
presentation.
Commissioner Davis motioned to approve the variance requests. Commissioner
Bauman seconded the motion, motion passed (7-0).
73
September 18, 2008 P&Z Regular Meeting Minutes Page 3 of 5
Veronica Morgan, 511 University, presented a brief history of the property and explained
the joint ownership of the property. She requested that Commissioners approve the
Preliminary Plat with the condition that Staff Comments #1 be addressed only. Ms.
Morgan further requested that each of the property owners pay for their side of Lakeway
Drive and that Commissioners not require St. Joseph to pay for the construction of
Lakeway Drive in its entirety.
Alan Gibbs, City Engineer, acknowledged that the issue is challenging and is that staff’s
concern is that a portion of Lakeway Drive may not get constructed if surrounding
projects do not move forward as planned.
Commissioner Bauman requested a clarification of rough proportionality from City
Engineer Alan Gibbs.
There was general discussion of the construction of Lakeway Drive.
Tony Pfitzer, CEO of St. Joseph Health System, 6420 Ravenstone Loop, explained to the
Commissioners that if they were required to construct the entire Lakeway Drive it would
be an unreasonable burden on them.
Brad Sharpe, Attorney for the Ellison Firm, 302 Holleman Drive East, College Station,
Texas 77840, stressed that requiring St. Joseph to build the entire Lakeway Drive was not
fair nor roughly proportionate.
Darrel Kotzer, Ballard & Braughton Engineering, 3815 Old Bullard Road, clarified that
Lowe’s does not own the property and that Lowe’s is continuing to evaluate this site
because of construction costs.
There was further discussion of the construction of Lakeway Drive and sureties.
Commissioner Stearns motioned to approve the Preliminary Plat with both of the
staff review comments and notes included. Commissioner Greer seconded the
motion, motion passed (7-0).
5. Public hearing, presentation, possible action, and discussion regarding a rezoning from C-
2 Commercial Industrial and R-6 High Density Multi-Family to C-1 General Commercial
for 0.48 acres located at 104, 106 and 108 Poplar Street, and more generally located on
the south side of Poplar Street, east of its intersection with Texas Avenue. Case #08-
500169 (JP)
Senior Planner, Jennifer Prochazka, presented the item for a rezoning from C-2
Commercial Industrial and R-6 High Density Multi-Family to C-1 General Commercial
and recommended approval with limited guidance from the Comprehensive Plan. She
answered questions in general from the Commissioners.
Chairman Nichols opened the public hearing.
74
September 18, 2008 P&Z Regular Meeting Minutes Page 4 of 5
James Allen, 171253 Nacadoghes, explained his proposed future uses of the property for
office buildings. He answered questions in general from the Commissioners.
Chairman Nichols closed the public hearing.
Commissioner Davis motioned to approve the item as submitted. Commissioner
Woodfin seconded the motion, motion passed (7-0).
6. Public hearing, presentation, possible action, and discussion regarding a rezoning of
14.19 acres from A-O, Agricultural-Open, to approximately 3.76 acres of C-1 General
Commercial and 10.44 acres of R-1 Single Family Residential located at 4270 State
Highway 6 South, generally located north of the Spring Creek Gardens Subdivision.
Case #08-500152 (LH)
Lauren Hovde, Staff Planner, presented the rezoning from Agricultural-Open to C-1
General Commercial and R-1 Single Family Residential and recommended approval.
She answered questions in general from Commissioners.
Carol Cotter, Senior Assistant City Engineer, explained that an additional driveway will
be allowed by TXDOT but will be shared with Tower Point Subdivision and the
commercial lot will have another access through the Korean Mission Church.
Chairman Nichols opened the public hearing
Jeremiah Kellam, 22803 Timberlake Creek Road, made himself available for questions
by the Commissioners. The Commissioners had no questions for the Applicant.
Chairman Nichols closed the public hearing.
Commissioner Davis motioned to approve the item as submitted. Commissioner
Bauman seconded the motion, motion passed (7-0).
7. Discussion and possible action on future agenda items – A Planning and Zoning Member
may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation
shall be limited to a proposal to place the subject on an agenda for a subsequent meeting.
Commissioner Woodfin would like an update from the Greenways Program Manager.
8. Adjourn.
Commissioner Davis motioned to adjourn the meeting. Commissioner Woodfin
seconded the motion, motioned passed (7-0).
Meeting adjourned at 9:30 p.m.
75
September 18, 2008 P&Z Regular Meeting Minutes Page 5 of 5
Approved:
____________________________________
John Nichols, Chairman
Planning and Zoning Commission
Attest:
_____________________________________
Nicole Padilla, Staff Assistant
Planning and Development Services
76
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 9th day of October, 2008.
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
Citjr Attorney 0
77
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:
I.
The following property is rezoned from A-0, Agricultural Open to R-1, Single-Family
Residential:
BEING A 10.44 ACRE 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 PORTION OF THAT CERTAIN 14.28 ACRE
TRACT DESCRIBED IN THE DEED FROM FIRST FEDERAL SAVINGS BANK, BRYAN,
TEXAS, TO K.S. MOSS CAPITAL COW, RECORDED IN VOLUME 2763, PAGES 147 OF
THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS SHOWN IN EXHIBIT "A",
AND GRAPHICALLY SHOWN IN EXHIBIT "E.
11.
The following property is rezoned from A-0, Agricultural Open to C-1, General Commercial:
BEING A 3.76 ACRE 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 PORTION OF THAT CERTAIN 14.28 ACRE
TRACT DESCRIBED IN THE DEED FROM FIRST FEDERAL SAVINGS BANK, BRYAN,
TEXAS, TO K.S. MOSS CAPITAL COW, RECORDED IN VOLUME 2763, PAGES 147 OF
THE OFFICIAL RECORDS OF BRAZOS COUNTY, TEXAS, AND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS SHOWN IN EXHIBIT "B",
AND GRAPHICALLY SHOWN IN EXHIBIT "E".
78
ORDINANCE NO.
EXHIBIT A:
PAGE 3
K. S. Moss Capital Corp.
10.44 Acre Trad - Rezoning Request to R-1
Robert Stevenson Survey. A-54
College Stabon. Brazos Courrty. Texas
Field notes of a 10.44 acre tract w parcel of land. tying and being situated in
the Robert Stevenson Sum. Abstract No. 54. College Station, Brazos County.
Texas. and be~ng part of a 1428 acre tract described in the deed from First Federal
Savings Bank. Bryan. Texas. to K. S. Moss Capital Corp, recorded In Volume 2763.
Page 147. of the Oficial Records of Bnzos County. Texas. and said 10.44 acre
tract, being more particularly described as follows:
COMMENCING at a 'A' iron rod set at the common comer behveen the /I beforementloned 14.28 acre bact and the 3.838 acre - Tract No. 3 descnbed in the
deed to College Station Market Place. recorded in Volume 6647. Page 207. of the
Official Records of Bra= County. Texas. same being In the southwst right-of-way
line of Stale Htghway No. 6 (320' nght-of-way);
THENCE S 43O 45' 31" W along the common llne between the
beforementtoned 14.28 acre tract and the following two trads: the beforementioned
3.838 acre tract, and the remainder of a 14 0679 acre tract descnbed In the deed
to Spring Creek CS Development, Ud.. recorded m Vdume 5583. Page 120. of the
OfffctaI Records of Brams County. Texas. at a distance of 13.6 feet pass a H" iron
rod found at a 2" Iron pipe fence post cont~nue on. for a total distance of 620 76
feet to a !4' iron rod set. at the PLACE OF BEGINNING of thts description:
THENCE S 43O 45 31" W along the common line between the
beforement~oned 14.28 acre tract and the following three tracts: the rematndw of
a 14.0679 acre tract described in the deed to Spring Creek Concgc Station
Development Ltd. recorded In Volume 5583. Page 120. af the Offiaal Rccads of
Brazos County. Texas: Spring Creek Gardens Subd~vision - Phase 2. according to
the plat recorded in Volume 7402. Page 119, of the Official Records of Brazos
County. Texas. and Spnng Creek Gardens Subdivis~on - Phase 1. accord~ng to the
plat recarded In Volume 6683. Page 31. of the Offictal Records of Brazos County.
Texas. at a distance of 12.72 feet, pass tho north corner of Common Area 'E" -
0.050 acre. Spring Creek Gardens - Phase 2. continue on. at a distance of 513 74
foct pass the north comer of Common Area "C" - 0.159 acre. Spnng Creek Gardens - Phase 1, cont~nue on, for a total dtslance of 1393.28 feet and comer m the
northeast line of a propod 5' right of way dedication Decatur Dnve, a %' ~ron rod
found mark~ng the south comer of the said 14.28 acre tract. and ~n the present
northeast nght of way l~ne of Decatur Dnve 70' right of way.
?HENCE N 45" 52' 42' W along the northeast line of a proposed 5' rightof-
way dedication - Decatur Dr~ve for a dlstance of 307.60 feel to a X" iron rod set in
the common line between the beforement~oned 14.28 acre tract and an 18.848 acre
tnct described in the doed to K.T.H. Investments, recorded in Volume 3899. Page
309, of the Offidal Records of Brazos County. Texas:
THENCE N 43° a5' 50" E abng the common ri between the
beforemenboned 16.28 acre b-ad and the followrng lvvo tracts: the remarnder of the
beforemeotloned 18848 acre tract. and Lot 1. Block 1 - K.T.H. Commerc~al
Addrt~on. accord~ng to the plat recorded In Volume 4377. Page 206. of tho Off~clal
Records of Brazos County. Texas, at a distance of 858 71 feet. pass the south
comer of Lot 1, Block 1 - 3.935 acres - K.T.H Commercial Addition, continue on,
for a total d~stance of 1562.82 feet to a %" iron rod set on the east bank of a
tnbutary to Spnng Creek [current tnbutary now a pond 10-1 5' deep). as follows:
S 450 5T 05' E for a distance of 20.26 feet.
S UP 1 J 22" E for a dstance of 27.99 feet.
S 02- 58' 15' W for a distance of 27.67 feet..
S 31" 52' 31" W for a distance of 38.27 feet,
S 14" 40' 45" E for a distance of 20.89 feet.
11 1J
KLING ENG11*B51NG AND SURYEWNG
BRV*n 1KXAS
79
ORDINANCE NO.
EXHIBIT A CONTINUED:
PAGE 4
:I ~~.~oss~apitat~~rp.
10.44 Acre Tract - Rezonlng Request to R-7
, Robert Stevenson Survey. A-54
College Station, Brazos Counly. Texas
ji Continued - Page 2
for a distance of 98.87 feet
for a distance of 30.58 feet
for a dlslance of 40.46 feet.
for a d~stance of 28.45 feet.
for a d~stance of 26.99 feet.
for a dtstance of 19.27 feet.
for a drstsnw of 13.28 feet.
for a drstance of 17.34 feet.
lor a d~stance of 14.70 feet to a 'A" iron rod set at
the POINT OF BEGINNING containing 10.44
acres of land more or less.
80
ORDINANCE NO.
EXHIBIT B:
PAGE 5
K. S. Rnoss Capital Corp.
3.76 Acre Tract - Rezonlng Request to C1
Robeft Stevenson Survey. A-54
Co4lege Station. Brazas Cwnty. Texas
Field notes of a 3.76 acre tract or parcel of land. lying and berng situaled In
the Robert Stevenson Survey, Abstract No. 54, College Stat~on. BGUOS County.
Texas, and being par1 of a 14-28 acre tract descnbed In the deed born Fist Federal
Sav~ngs Bank. Bryan. Texas. to K. S. Moss Caplal Corp. recorded rn Volume 2763.
Page 147. af MF?. OffKial Rec~rds af Brazos County, Texas, and sad 3.76 acre tract.
M~ng more parttcularly descnbed as follows:
THENCE S 43- 45' 31' W along the mmon line between the
befament~oned 14.28 aae Lract and the foHowing hwo tracts: the beforomentloned
3.838 acre tract. and the rematnder of a 14.0679 acre tract descnbed in the deed
to Spnng Creek CS Development. Ltd.. recorded In Volume 5583. Page 120, of the
Off~c~al Records of Brazos County. Texas. at a dlstance of 13 6 feel pass a H" iron
i I rod found at a 2 Iron p~pe fen- post. contlnue on, for a total distance of 620 76
feel to a '%" iron rod set;
i I
I I THENCE alocag the east bankof a bibutary to Spring Craek. (current tributary
, nol*awnd~o-~~fwr-).asfanom: II
,
1
for a distance of 14.70 feet.
for a distance of 1 7.34 feet.
fw a distance of 1328 feet.
for a distance af 1927 feet.
for a distance of 26.99 feet,
for o distance of 28.45 feet,
for a d~stance of 40.46 feet
for a drstance of 30.58 feet.
for a dlslanrz of 98.87 feet.
fw a dlstance of 20.89 feet.
for a dlstance of 38.27 feet.
for a dlstance of 27.67 feet
for a distance of 27.99 feet,
for a distance of 2026 feet to a K' iron rod set in
the common rine between the beforementioned
14.28 acre tract and Lot 1. Block 1 - 3.935 acres - K. f. H. Commerc~al Addit~on, accord~ng to the
plat recorded in Volume 4377. Page 206, of the
Official Records of Bmzw County. Texas;
BEGINNING at a 'A' iron rod set at itbe common comer bemen the
beforementioned 14.28 acre tract and the 3.838 acre -Tract No. 3 described in the
deed to College Station Mahet Place. recorded In Vohme 6647. Page 207. of the
line of State H~ghway No. 6 (320' right-of-way).
Records of Brams County. Texas, same being In the southwest right-of-way
r
I ,
i
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THENCE N 43" dS W E along the common fine bowen the
befoeooed 14.287 acre tract and Lot 1. Block 1, K. T. H. Commercial
Addition. adjacent to a fence. for a distance of 443.48 feet to the common comer
between the said 14.27 acre tract and Lot 1. Block 1. K.T.H. Commercial Addition
in the southwest right-of-way line of State Highway No. 6:
THENCE S 4P 19' 17 E along the southwest right-of-way line of the
bieforwnentioned State Heway No. 6, for a distance of 307.47 feet to the PLACE
OF BEGtNNtNG.
, Prepared: 07.Q308
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81
ORDINANCE NO.
EXHIBIT C:
PAGE 6
82
October 9, 2008
Regular Agenda Item 3
Council appointees to City/CSISD Joint Committee
To: Glenn Brown, City Manager
From: Connie Hooks, City Secretary
Agenda Caption: Presentation, possible action, and discussion regarding appointments
to the College Station City/CSISD Joint Committee. The Committee shall consist of three
members from City Council and three members from School Board of Trustees.
Recommendation(s):
Summary:
Budget & Financial Summary:
Attachments:
83