HomeMy WebLinkAbout12/11/2008 - 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, December 11, 2008 at 7:00 PM
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
1. Pledge of Allegiance, Invocation, Consider absence request.
Hear Visitors: A citizen may address the City Council on any item which does not appear on the
posted Agenda. Registration forms are available in the lobby and at the desk of the City Secretary.
This form should be completed and delivered to the City Secretary by 6:30 pm. Please limit remarks
to three minutes. A timer alarm will sound after 2 1/2 minutes to signal thirty seconds remaining to
conclude your remarks. The City Council will receive the information, ask staff to look into the
matter, or place the issue on a future agenda. Topics of operational concerns shall be directed to the
City Manager.
ON BEHALF OF THE CITIZENS OF COLLEGE 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 Workshop and Regular Meetings,
November 5, 2008, Special Meeting November 17, 2008, and Workshop and Regular Meeting,
November 24, 2008.
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Thursday, December 11, 2008
b. Presentation, possible action, and discussion regarding a change order to the professional services
contract with Bleyl & Associates for the 2005 Bike Loop Project in the amount of $10,725.
c. Presentation, possible action, and discussion regarding a resolution approving a construction
contract with JCF Bridge & Concrete, Inc. for the amount of $636,401.43 for the construction of the
2005 Bike Loop Phase I—Longmire Improvements Project.
d. Presentation, possible action, and discussion on the Renewal of Electric Annual Construction
Contract with H&B Construction for $1,070,893.65; and a resolution declaring intention to
reimburse certain expenditures with proceeds from debt. (Bid #07-19, Contract #07-046).
e. Presentation, possible action, and discussion on approving the budget of the George Bush
Presidential Library Foundation; and presentation, discussion and possible action on a funding
agreement between the City of College Station and the George Bush Presidential Library
Foundation for FY09 in the amount of $100,000.
f. Presentation, possible action, and discussion regarding the approval of a resolution accepting from
the Governors Division of Emergency Management (GDEM) the 2008 Homeland Security Grant
Program –Sub-recipient of $166,666.67 naming a City staff member as manager of those grant
funds, and approving the 2008 City of College Station Equipment List for purchase.
g. Presentation, possible action, and discussion regarding the purchase of One (1) Pierce Velocity
Custom Pumper from Martin Apparatus, INC through The Local Government Purchasing
Cooperative (BuyBoard) for a total price of $519,071.00.
h. Presentation, possible action, and discussion approving testing and inspecting contract #09-028
with CSC Engineering & Environmental Consultants, Inc. in the amount of $58,000.00 for the Rock
Prairie Road Landfill.
i. Presentation, possible action, and discussion approving professional services contract #09-031,
with HDR Engineering, Inc in an amount not to exceed $1,294,800.00 for Twin Oaks Landfill
additional design/permitting, bidding and construction phase services.
j. Presentation, possible action, and discussion on approving annual tire purchases from Pilger’s
Tire & Auto Center through the State of Texas (TXMAS) Tire Contract in the amount of
$135,000.00.
k. Presentation, possible action, and discussion on approving the budget of the Memorial for all
Veterans of the Brazos Valley; and presentation, discussion and possible action on a funding
agreement between the City of College Station and the Memorial for all Veterans of the Brazos
Valley for FY09 in the amount of $100,000.
l. Presentation, possible action, and discussion on renewing the annual agreement for gasoline and
diesel fuel with Brenco Marketing Corp, Contract No. 08-069; for one year; and authorize the
annual estimated expenditures with Brenco Marketing Corp. for $1,751,000.00. This total includes
the annual estimated expenditure of $1,364,000.00 for the City of College Station and the annual
estimated expenditure of $387,000.00 for BVSWMA.
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Thursday, December 11, 2008
Regular Agenda
Individuals who wish to address the City Council on a regular agenda item not posted as a public
hearing shall register with the City Secretary prior to the Mayor’s reading of the agenda item. The
Mayor will recognize you to come forward to speak for or against the item. The speaker will state
their name and address for the record and allowed three minutes. A timer will sound at 2 1/2 minutes to
signal thirty seconds remaining for remarks.
Individuals who wish to address the City Council on an item posted as a public hearing shall register
with the City Secretary prior to the Mayor’s announcement to open the public hearing. The Mayor
will recognize individuals who wish to come forward to speak for or against the item. The speaker
will state their name and address for the record and allowed three minutes. A timer alarm will sound at
2 1/2 minutes to signal thirty seconds remaining to conclude remarks. After a public hearing is
closed, there shall be no additional public comments. If Council needs additional information from the
general public, some limited comments may be allowed at the discretion of the Mayor.
If an individual does not wish to address the City Council, but still wishes to be recorded in the official
minutes as being in support or opposition to an agenda item, the individual may complete the
registration form provided in the lobby by providing the name, address, and comments about a city
related subject. These comments will be referred to the City Council and City Manager.
1. Public hearing, presentation, possible action, and discussion on an ordinance rezoning 3.31
acres located at 510 Chimney Hill Drive from R-1, Single Family Residential to PDD, Planned
Development.
2. Public hearing, presentation, possible action and discussion regarding consideration of an
ordinance amending Chapter 9, “Subdivisions” of the City of College Station Code of
Ordinances, Section 10, “Park Land Dedication”.
3. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating
and abandoning a portion of right-of-way and an easement in the Crescent Point Subdivision..
4. Public hearing, presentation, possible action, and discussion on an ordinance rezoning 1.19
acres at 2520 Crescent Pointe Parkway from A-P Administrative Professional to R-4 Multi-
family.
5. Public hearing, presentation, possible action and discussion on an ordinance regarding a
Comprehensive Land Use Plan Amendment from Single Family Medium Density to
Neighborhood Retail for 8.4 acres generally located at the northwest corner of William D. Fitch
Parkway and Barron Road.
6. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating
and abandoning seven easements located at 1815 Brothers Boulevard. (Wal-Mart).
7. Public Hearing, presentation, possible action, and discussion on an ordinance Budget
Amendment #1 amending ordinance number 3114 which will amend the budget for the 2008-
2009 Fiscal Year and authorizing amended expenditures in the amount of $13,711,589.
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Thursday, December 11, 2008
8. Presentation, possible action, and discussion on renaming the P. David Romei Arts Center.
9. Adjourn.
If litigation issues arise to the posted subject matter of this Council Meeting an executive session will
be held.
APPROVED:
________________________________
City Manager
Notice is hereby given that a Regular Meeting of the City Council of the City of College Station, Texas
will be held on the Thursday, December 11, 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 8th day of December, 2008 at 2:00 p.m.
E-Signed by Connie Hooks
VERIFY authenticity with ApproveIt
________________________________
City Secretary
I, the undersigned, do hereby certify that the above Notice of Meeting of the Governing Body of the
City of College Station, Texas, is a true and correct copy of said Notice and that I posted a true and
correct copy of said notice on the bulletin board at City Hall, 1101 Texas Avenue, in College Station,
Texas, and the City’s website, www.cstx.gov . The Agenda and Notice are readily accessible to the
general public at all times. Said Notice and Agenda were posted on December 8, 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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Traditional Values, Progressive Thinking
In the Research Valley
Mayor Councilmembers
Ben White John Crompton
Mayor ProTem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Draft Minutes
City Council Workshop & Regular Minutes
Wednesday, November 5, 2008 3:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Mayor ProTem McIlhaney, Council members Maloney Crompton,
Massey, Ruesink and Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager David
Neeley, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team
Mayor White called meeting to order at 3:00 p.m.
Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the consent
agenda.
Consent Agenda Items No. 2i, 2 j, 2k, and 2l were removed from the agenda by staff. These items related to the
Rock Prairie Road Landfill and Twin Oaks Construction Project.
Council member Crompton inquired about Consent Item No. 2n, funding to the Brazos County Health
Department.
Mayor ProTem McIlhaney inquired about Consent Item No. 2h, Landfill compactor.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion of a brief from TAMU Vice
President of Student Affairs General Joe Weber on his plans and philosophy for the Division of Student
Affairs which crosses a wide range of many services.
Hayden Migl, Assistant to City Manager introduced General Joe Weber, TAMU Vice President of Student
Affairs .
General Weber presented his plans and philosophy for the Division of Student Affairs, which offers a wide range
of functions such as student government, counseling, student activities, health services, Recreational Sports, and
the operations of the Memorial Student Center.
No action was taken.
Workshop Agenda Item No. 3 -- Presentation, possible action and discussion on a briefing from Midway
Companies regarding the proposed Campus Pointe development.
David Gwin, Director of Economic and Community Development introduced Brandon Houston with Midway
Companies.
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 2
Randy Houston, representative of Midway Companies presented the proposed Campus Pointe Development. He
also stated for several years, TAMU has been exploring the possibility of developing University-owned property
located northeast of the intersection of University Drive and South College Avenue. The general area
encompasses approximately 100 acres and is currently home to Hensel Park and partially developed as
University-owned and managed student housing.
Mr. Houston stated that TAMU is considering entering into a long-term ground-lease with Midway Companies,
for a dense mixed use development that could include a number of new uses such as: a hotel, retail shops, and
offices. The goals of the joint venture are listed below:
Goals:
·Transportation efficiency
·Controlled site disturbance
·Storm water management
·Reduce heat islands / Indigenous landscape
·Water use reduction
·Energy Optimization
·Use of regional / local materials
·Optimization of daylight and views
·Indoor air quality
City of College Station participation opportunities:
Council members expressed comments to the developer about the city’s recent initiative to have a city owned
convention center.
Mr. Houston noted that this developer will seek City of College Station’s participation in Site Development and
Construction investments, Roadway and Infrastructure investments, and Operating Cost Assistance at Campus
Pointe
No formal action taken.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion regarding changes to the
City’s smoking ordinance.
Hayden Migl, Assistant to City Manager introduced Kristine Weaver, Regional Director of Government
Relations with the American Cancer Society.
Ms. Weaver recognized Dr. Philip Huang, Medical Director and Health Authority for Austin/Travis County
Health Department. He presented a variety of health statistics related to smoking and public safety.
Council indicated new interest in amending the current smoking ordinance providing non-smoking on all public
places, with few exceptions. Council directed staff to engage stakeholders in a public hearing and requested the
City Attorney draft language for the expanded ordinance.
Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion regarding tree preservation
in College Station and clarification on the policy options presented by staff.
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 3
Lindsay Boyer, Senior Planner described tree preservation ordinances from other communities. She highlighted
comments made by stakeholders and the Planning and Zoning Commission, and staff commentary on items that
could be included in a tree preservation ordinance for College Station.
Bob Cowell, ACIP, Director of Planning and Development Services made additional comments on ideas,
suggestions, and issues for discussion with Council: These comments related to the following categories:
Protection Options: Mitigation:
▪Specimen trees ▪Planting replacement trees (size, species)
▪Tree stands ▪Maximum lot coverage
▪Number of trees ▪Transplanting existing trees
▪All trees of a specific size ▪Fees (tree fund)
▪Canopy/shade covers ▪Allow for alternate proposals
▪Designated heritage/historic trees ▪Waivers to standards
▪Other items to be considered
▪Species to include/exclude
▪Underbrush
Incentives: Application Options:
▪Density / Clustering bonuses ▪Commercial / multi-family
▪Dimensional standard variations ▪Existing single-family
▪Buffer bonus ▪New single-family
▪Landscaping ▪Preservation zones
▪Parking spaces ▪Redevelopment
▪Subdivision design ▪Citywide
Council supported the continuance of developing the tree preservation ordinance that will accommodate the
entire community, and in addition, establishing tree preservation zones.
No formal action was taken.
______________________________________
At 5:25 pm Mayor White announced that the City Council would convene into executive session pursuant to
Sections 551.071, 551.086, and 551.087 of the Open Meetings Act to seek the advice of our city attorney, to
consider competitive matters, and economic development negotiations.
Workshop Agenda Item No. 10 -- Executive Session will immediately follow the workshop meeting in the
Administrative Conference Room.
Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek advice
from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client
privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or
settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need
information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer
or attorney-client privileged information. After executive session discussion, any final action or vote taken will
be in public. The following subject(s) may be discussed:
a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply
Corporation.
b. Sewer CCN permit requests.
c. Water CCN permit requests.
d. Water service application with regard to Wellborn Special Utility District.
e. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 4
f. Attorney-client privileged information and possible contemplated litigation of prior expenditures of College
Station funds made by Paul Urso to Texcon.
g. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites.
h. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos
Valley Groundwater Conservation District.
i. JK Development v. College Station.
j. Taylor Kingsley v. College Station.
k. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station.
l. TMPA v. PUC (College Station filed Intervention).
m. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid Waste
Management Agency contract, on proposed methane gas contract. Update on legal proceedings for Grimes
County Landfill site and contracts for development of Grimes County site.
Competitive Matter {Gov’t Code Section 551.086}; possible action The City Council may deliberate, vote, or
take final action on a competitive matter in closed session. The City Council must make a good faith
determination, by majority vote of the City Council, that the matter is a Competitive Matter. A “Competitive
Matter” is a utility-related matter that the City Council determines is related to the City of College Station’s
Electric Utility Competitive Activity, including commercial information, which if disclosed would give
advantage to competitors or prospective competitors. The following is a general representation of the subject(s) to
be considered as a competitive matter.
a. Power Supply
Economic Incentive Negotiations {Gov’t Code Section 551.087}; possible action
The City Council may deliberate on commercial or financial information that the City Council has received from
a business prospect that the City Council seeks to have locate, stay or expand in or near the city with which the
City Council in conducting economic development negotiations may deliberate on an offer of financial or other
incentives for a business prospect. After executive session discussion, any final action or vote taken will be in
public. The following subject(s) may be discussed:
a. Proposed Development generally located southeast of the Intersection of Earl Rudder Freeway and
Southwest Parkway
Workshop Agenda Item No. 11 -- Action on executive session, or any workshop agenda item not completed
or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if necessary.
Council recessed from the executive session at 6:55 pm.
Workshop Agenda Item No. 12 -- Adjourn.
The workshop meeting concluded following the regular meeting. See regular meeting minutes for discussion of
remaining workshop items.
Minutes of Regular Meeting
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Hear visitors.
Mayor White called the meeting to order at 7:00 p.m. Mayor White led the audience in the Pledge of Allegiance.
Fire Chief R.B. Alley provided the invocation.
Presentations:
Mark Conlee, Mayor of the City of Bryan presented the Brazos Boot Award to Mayor White.
City Manager Glenn Brown presented the TML award for “Coffee with the Mayor” in recognition of
City of College Station, Mayor White, Mark Beal, Chad, Mike Neu, Chad Cockrum and Peggy Calliham.
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 5
Mayor White presented the Texas Amateur Athletic Federation Awards and Recognition to the Parks and
Recreation Department.
Mayor White also presented the Texas Amateur Athletic Federation Service Awards to David Gerling, Rec.
Superintendent, in honor of 15 years of service.
Hear Visitors:
Buck Prewitt, 2302 Scotney Ct. - stated concern for lack of input by citizens prior to the adoption of the Traffic
Impact Analysis.
Nathan Fort, Holleman Dr., TAMU student - requested Council consider a recycling program for Northgate
District.
Regular Agenda Item No. 2 -- Presentation, possible action and discussion of consent agenda items which
consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent
agenda by majority vote of the Council.
a. Approved minutes for the City Council Meetings of Thursday, October 23, 2008; Budget Workshop
Meetings, August 20, 2008, August 21, 2008, September 8, 2008; and, Special Meeting September 17, 2008.
b. Approved the 2008 Property Tax Roll in the amount of $22,074,830.98. This is the tax roll that will be
generated by the tax rate of $0.4394 per $100 assessed valuation adopted by the City Council at its September 27,
2008 meeting.
c. Approved the renewal of an annual price agreement for Emergency Medical Supplies with Boundtree
Medical (previously Tri-anim Health Services) for $34,578.09 and Boundtree Medical for $21,847.01 not to
exceed $56,425.10. Boundtree Medical merged with Tri-anim Health Services June 5, 2008.
d. Approved Resolution No. 11-5-08-2d on the renewal of an annual price agreement with Nafeco Inc., in an
amount not to exceed $56,448.00 for fire protective clothing.
e. Approved the renewal agreement with Mustang Rental Services of Texas, Ltd. for the rental of heavy
machinery, Bid No. 07-112, for an annual expenditure of $95,000.00.
f. Approved Resolution No. 11-5-08-2f declaring intention to reimburse certain Twin Oaks Landfill
expenditures with proceeds from debt.
g. Approved Resolution No. 11-5-08-2g adopting the awarded contract #08-286 for the Eagle Avenue
Extension Project to Brazos Paving in the amount of $790,554.15.
h. Approved the purchase of an Articulated Landfill Compactor from Mustang Tractor & Equipment to be used
by the Brazos Valley Solid Waste Management Agency in the amount of $1,050,000.00.
i. Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09-
028 with CSC Engineering & Environmental Consultants, Inc. in the amount of $58,000.00 for the Rock Prairie
Road Landfill.
j. Presentation, possible action, and discussion on a resolution approving consultant contract #09-029 with CSC
Engineering & Environmental Consultants, Inc. in the amount of $252,000.00 for the Twin Oaks Phase I
Construction Project. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL MEETING)
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 6
k. Presentation, possible action, and discussion on a resolution approving testing and inspecting contract #09-
030 with CSC Engineering & Environmental Consultants, Inc. in the amount of $60,000.00 for the Twin Oaks
Phase I Construction Project. (ITEM REMOVED BY STAFF, SCHEDULED FOR FUTURE COUNCIL
MEETING)
l. Presentation, possible action, and discussion on a resolution approving professional services contract #09-
031, with HDR Engineering, Inc in an amount not to exceed $828,840.00 for Twin Oaks Landfill additional
design/permitting, bidding and construction phase services. (ITEM REMOVED BY STAFF, SCHEDULED FOR
FUTURE COUNCIL MEETING)
m. Approved funding agreement between the City of College Station and Keep Brazos Beautiful for FY09 in the
amount of $60,240.
n. Approved funding addendum that will authorize expenditures for the Brazos County Health Department in
the amount of $340,885.
Council member Massey made a motion to approve consent agenda items 2a thru 2h and 2m and 2n. Council
member Maloney seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink.
AGAINST: None
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion approving an
ordinance vacating and abandoning seven easements located at 1815 Brothers Boulevard. (WalMart).
Alan Gibbs, City Enginee, presented Council seven ordinances vacating and abandoning easements located at
1815 Brothers Blvd for the expansion of Wal-Mart.
Lisa Elledge, a Wal-Mart representative introduced Joe Groso, Civil Engineer. Mr. Groso presented the
expansion plan of the Super Wal-Mart. Greg Oltman and Raymond Harris, Architects for the project presented
the design of the Super Wal-mart.
Mr. Gibbs gave an explanation that all easements may not be vacated simultaneously due to the project
differences.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Maloney made a motion to approve Ordinance No.’s 3123, 3124, 3125, 3126, 3127, 3128, and
3129 for the seven abandoned easements located on 1815 Brothers Blvd. Mayor Pro Tem McIlhaney seconded
the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink.
AGAINST: None
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion regarding an
ordinance to amend Chapter 9 of the City of College Station Code of Ordinances, Subdivision Regulations,
and amend Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance
(UDO) to remove master plans and amend standards relating to the Extraterritorial jurisdiction, including
minimum lot size, minimum lot width, and urban street design.
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 7
Bob Cowell, ACIP, Director of Planning and Development presented an overview of the past several years
College Station has experienced an increased rate of development in the ETJ. In an effort to address concerns
identified by the Planning and Zoning Commission and the City Council, Council directed staff to retain a
planning consultant to identify the reasons for this development and to identify options to better manage the
development. This report, with its recommendations, was presented to the Parks and Recreation Board, the
Planning and Zoning Commission, and the City Council in the summer of 2007. Council directed staff to engage
with stakeholders and to bring forward ordinance revisions as needed. A number of stakeholder meetings were
held as well as additional meetings with the Planning and Zoning Commission and the Council.
During these various meetings it was concluded consensus could be not likely reached on many of the issues
identified in the report or on the specific standards identified in the report. Staff, therefore, offers the following
as a partial (and less stringent) recommendation for implementing the recommendations contained within the
report:
1. Removal of master plans as a requirement or option.
2. Establishment of a minimum lot size in the ETJ of 2 acre.
3. Establishment of a minimum lot width of 400’ along thoroughfares and 100’ along subdivision roads
in the ETJ.
4. Removal of the urban street design as a requirement or option in the ETJ.
The remaining items contained in the report will be addressed through the development of the city
Comprehensive Plan update and the subsequent ordinance revisions. These recommended changes to the UDO
and Subdivision Regulations are designed to be supported by complimentary CCN and sewer extension policies
and annexation policies that will be discussed at upcoming Council meetings.
David Coleman, Director of Water Services briefly explained the Aerobic system’s spray, the lack of system
maintenance, and resulting problems.
Don Plitt, Environmental Specialist with the Brazos County Health Department presented a report including
inspections of on-site sewage facilities in the ETJ. 30%-50% of the facilities are non compliant. In response to
City Council’s questions, Mr. Plitt recommended at least a 1.5 acre lot size for residential development.
Mayor White opened the public hearing.
Citizens opposed to the 2 acre lot size: Citizens for the 2 acre lot size:
Randy French, 4301 Cupstone Roger Bligh, 13613 Headwater
Dorthea Robinson, Michthea Lane James Sachtleben, 13922 Suzanne
Jane Cohen, 3655 McCullough Road Debbie Wentling, 3622 Capstone Dr.
Matthew Moore, 4404 Spring Branch Ct. Dave Wentling, 3622 Capstone Dr.
County Judge Randy Sims, 206 Hearths Tone Cir. Gary Kovar, 13822 Apricot Glen
Sherman Click, 4376 Bentwood Oliver Longnecker, 13411 Headwater Ln.
Jim Maness, 1733 Arrington Rd Phil Gougler, 13515 Headwater Ln.
Diane Goodman, 2181 Peach Creek Nancy Todd, 13891 Apricot Glen
Glenn Thomas, 1110 12th Man Jeannie Longnecker, 13411 Headwater Ln.
Lloyd Wassermann, 12318 N. Dowling Steven Davee, 13786 Suzanne Pl.
ML Schohon, 4440 College Station Jody Gougler, 13515 Headwater Ln.
Connie Hearne, 1008 Haywood Tami Laza, 13858 Apricot Glen
Phillip Ross, 1414 Peach Creek Cut off
Chuck Ellison 2902 Camille Dr.
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 8
Citizens opposed to the 2 acre lot size:
Keith Ellis, 101 Grove
Heath Shannon, 300 Greeson
Buck Prewitt, 2302 Scotney Ct.
Ken Davis, 11455 Deer Creek
Bruce Lesikar, 5707 Shellbournes Hill
Billy Chenault, 3413 Settlement Dr.
Deborah Voorhees, 4070 Sweetwater Dr.
George Richardson, 4070 Sweetwater Dr.
Randall Pitcock, 2414 Stone Castle
Mayor White closed the public hearing at 9:18 p.m.
Mayor White called for a 10 min recess.
Mayor White reopened the public hearing at 9:30 p.m.
Roger Bligh, 13613 Headwater, testified in support of 2 acre lot size
Mayor White closed the public hearing.
Mayor White suggested voting protocol as a separate vote for each staff recommendation. Council concurred.
Council member Crompton moved to approve Ordinance No. 3130 on the removal of master plans as a
requirement and removal of the urban street as a requirement in the ETJ. Council member Massey seconded the
motion, which carried 7-0.
Mayor Pro Tem McIlhaney moved to approve Ordinance No. 3131 on establishing the minimum lot size in the
ETJ of one acre and establishing a minimum lot width of one-hundred feet (100’). Council directed staff to
forward the issue to Commissioners Court and the Health Department. Council member Stewart seconded
motion, which carried 6-1.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Massey, Maloney, Stewart and Ruesink.
AGAINST: Council member Crompton
Regular Agenda Item No. 3 -- Public Hearing, presentation, possible action, and discussion an ordinance
amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 5-E:
Special Provisions for Areas of Special Flood Hazard, Section 5-G: Special Provisions for Floodways, and
Section 5-H: Special Provisions for Areas of Shallow Flooding. (Zero-Rise Requirement).
Alan Gibbs, City Engineer presented an overview of the consideration of the Zero-Rise regulation to the Flood
plain regulations. Specifically, the Special Flood Hazard Area (SFHA), which is commonly Zones AE and A as
depicted on the Flood Insurance Rate maps (FIRMs). Development would still be allowed in the floodplain as
long as it does not result in a net rise in the 100 year flood elevation.
Council expressed concerned with the affects of Zero-Rise on ETJ.
Alan Gibbs stated Zero-Rise will not affect the ETJ.
Mayor White opened the public hearing.
Chuck Ellison, 2902 Camille Dr. – voiced concern involving City property and eminent danger to residents
Rebecca Riggs, with Mitchell and Morgan – not opposed to the zero-rise but would like to see the Council delay
action for further review.
Fred Paine, 1012 San Benito with Kling Engineering – hope for Councils consideration on the zero-rise.
Joe Schultz, 3208 Innsbrook, representing Wallace Phillips - requested the completion of the terms for zero-rise.
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 9
Veronica Morgan, with Mitchell and Morgan – offered various methods to accomplish the zero-rise.
Dale Browne, 1613 Peach Crossing with McClure and Brown Engineering – agreed with Veronica Morgan but
would like Council to look at a grandfather clause.
Sherry Ellison, 2705 Brookway Dr. – not opposed to the zero-rise but concerned with a grandfather clause.
Matt Moore, 4401 Spring Branch Ct. – current landholder expressed concern with the affects of zero-rise.
Mayor White closed the public hearing.
Council member Maloney moved passage of the no adverse impact ordinance for 90 days and to revisit six to
nine months to determine effectiveness. Council member Massey seconded the motion. Council member
Maloney withdrew this motion.
Council member Maloney moved to direct staff to work with City Attorney to prepare an ordinance reflecting a
grandfather clause and no adverse impact options. Council member Massey seconded the motion.
Council member Crompton moved approval of the ordinance as presented. Motion died for lack of second.
Council member Maloney moved to direct staff to coordinate with the City Attorney to create an ordinance
containing zero-rise, the grandfather clause, and no adverse impact toolkit. Council member Massey seconded
the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 4 -- Public hearing, presentation, possible action, and discussion on an ordinance
amending the Land Use Plan element of the Comprehensive Plan from Single-Family Medium Density and
Floodplains & Streams to Regional Retail, Office and Residential Attached for 31.19 acres generally
located at the northeast corner of William D. Fitch and its future intersection with Victoria Avenue.
Jennifer Prochazka, Senior Planner presented the Land Use Plan element of the Comprehensive Plan regarding a
zoning change from Single-Family Medium Density, Floodplains & Streams to Regional Retail, Office and
Residential. The property, 31.19 acres, is located at the northeast corner of William D. Fitch and its future
intersection with Victoria. Staff recommended denial due to the incompatibility of rezoning.
Mayor White opened the public hearing.
Joe Schultz, 3208 Innsbrook, applicant spoke in support of rezoning.
Wallace Phillips, 4490 Castle Gate, the developer answered questions of the Council.
Mayor Pro Tem McIlhaney requested reevaluation by the P&Z Commission of the PDD comprehensive plan, the
configuration of floodplain, and allowance of mixed use.
Mayor White closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3132 on the amendment of the Comprehensive Plan
from Single-Family Medium Density and Floodplains & Streams to Regional Retail, Office and Residential for
31.19 acres located at the northeast corner of William D. Fitch and its future intersection with Victoria. Council
member Massey seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 5 -- Public Hearing, presentation, possible action, and discussion an ordinance
amending City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection: Section 2:
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 10
Definitions, Section 5-B: Establishment of Areas of Special Flood Hazard Area, and Section 5-E: Special
Provisions for Areas of Special Flood Hazard.
Alan Gibbs, City Engineer, presented a brief overview of the meeting with National Flood Insurance Program
(NFIP) Coordinator and the Texas Water Development Board on August 18, 2008, where the state conducted a
Community Assistance Visit (CAV) for FEMA. In the following meeting; the NFIP Coordinator, reviewed our
local Ch. 13 Flood Hazard Protection Ordinance to propose an amended ordinance which identified needs to
update the meeting with FEMA minimum standards. Staff recommended approval of this ordinance amendment.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Massey moved to approve Ordinance No. 3133 to amend Chapter 13 of the Flood Hazard
Protection as presented. Council member Maloney seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 6 -- Public Hearing, presentation, possible action, and discussion approving an
ordinance vacating and abandoning a 20-foot wide public utility easement, which is centered on the lot line
between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park, Phase 1 Subdivision according to
the plat recorded in Volume 6121, Page 222 of the Deed Records of Brazos County, Texas.
Alan Gibbs, City Engineer presented an easement abandonment that will accommodate the development of this
subject tract as Aggie Pet Zone. He explained that there are no public or private utilities in the subject portion of
easement to be abandoned. The 20-foot wide public utility easement abandonment is centered on the lot line
between Lots 6R and 7R, Block 2 of Rock Prairie West Business Park. Staff recommended approval of the
ordinance.
Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.
Council member Maloney moved to approve Ordinance No. 3134 to abandon the 20 ft public easement located
on 3227 Rock Prairie Road West. Council member Massey seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Workshop Agenda Item No. 6 -- Presentation, possible action, and discussion of the City Council’s 2008-
2009 Strategic Plan.
City Manager Glenn Brown presented modified version of the Council’s 2008-2009 Strategic Plan. The Plan was
revised by the City Council during the summer retreat.
Council member Crompton made a motion to approve the modified City Council 2008-2009 Strategic Plan.
Council member Stewart seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Workshop Agenda Item No. 7 -- Council Calendar
Council reviewed calendar.
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Council Workshop & Regular Minutes, Wednesday, November 5, 2008 Page 11
Workshop Agenda Item No. 8 -- Presentation, possible action, and discussion on future agenda items: A
Council Member may inquire about a subject for which notice has not been given. A statement of specific
factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a
proposal to place the subject on an agenda for a subsequent meeting.
Council member Massey - briefing on future agenda of land holdings of the City and reaffirm of their use.
Council member Massey - land development by the City of liquidate them.
Council member Crompton - stated for future agenda the discussion on the policy issues, illegal use of fields,
maintenance of fields, and registration issues of the baseball fields and taxi businesses.
Mayor ProTem McIlhaney - TML conference update and the process for development of departments.
Counicl member Massey – defer this item to a midyear retreat. (City hall strategy)
Council member Ruesink – future workshop topic on jaywalking.
Workshop Agenda Item No. 9 -- Discussion, review and possible action regarding the following meetings:
Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council
of Governments, Brazos Valley Wide Area Communications Task Force, Cemetery Committee, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental
Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning
Organization, National League of Cities, Outside Agency Funding Review, Parks and Recreation Board,
Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley
Partnership, Regional Transportation Committee for Council of Governments, Texas Municipal League,
Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning
Board of Adjustments (Notice of Agendas posted on City Hall bulletin board).
No discussion was held.
At 12:40 am on Thursday, November 6, 2008 Mayor White announced that the City Council would convene into
executive session pursuant to Sections 551.071, 551.086, and 551.087 of the Open Meetings Act to seek the
advice of our attorney, to discuss competitive matters, and discuss economic development negotiations.
Regular Agenda Item No. 7 -- Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 1:10 am on Thursday, November 6, 2008.
PASSED AND APPROVED this 24th day of November, 2008.
APPROVED
___________________________
Mayor Ben White
ATTEST:
_________________________
City Secretary Connie Hooks
15
Mayor Councilmembers
Ben White John Crompton
Mayor ProTem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Draft Minutes
City Council Special Meeting
Monday, November 17, 2008 at 5:15 pm
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Council members Crompton, Massey, and Stewart.
STAFF PRESENT: Deputy City Manager David Neeley, Assistant City Manager Merrill, City
Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt
Agenda Item No. 1 -- Mayor White called meeting to order at 5:15 p.m.
Agenda Item No. 2 -- Presentation, discussion, and possible action on a resolution to
canvass the results of the Bond Election and the Charter Amendment Election held on
November 4, 2008.
Connie Hooks, CitySecretary presented a resolution on the results of the Bond Election and the
Charter Amendment Election held on November 4, 2008.
Council member Massey moved to approve Resolution 11-17-08-2 on the results of the Bond
Election and the Charter Amendment Election. Council member Crompton seconded the
motion, which carried 4-0.
FOR: Mayor White, Council members Crompton, Massey, Stewart
AGAINST: None.
ABSENT: Mayor Pro Tem McIlhaney, Council members Maloney, Ruesink
Agenda Item No. 3 -- Adjourn.
Hearing no objections, Mayor White adjourned the meeting at 5:18 p.m. on Monday, November
17, 2008.
PASSED AND APPROVED this 24th day of November, 2008.
16
APPROVED
___________________________
Mayor Ben White
ATTEST:
_________________________
City Secretary Connie Hooks
17
Traditional Values, Progressive Thinking
In the Research Valley
Mayor Councilmembers
Ben White John Crompton
Mayor ProTem James Massey
Lynn McIlhaney Dennis Maloney
City Manager Lawrence Stewart
Glenn Brown David Ruesink
Draft Minutes
City Council Workshop & Regular Minutes
Monday, November 24, 2008 3:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL PRESENT: Mayor White, Mayor Pro Tem McIlhaney, Council members Maloney Crompton,
Massey, Ruesink and Stewart
STAFF PRESENT: City Manager Brown, Assistant City Manager Merrill, Assistant City Manager David
Neeley, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team.
Mayor White called meeting to order at 3:00 p.m.
Council member Massey absent
Workshop Agenda Item No. 1 -- Presentation, possible action, and discussion on items listed on the
consent agenda.
Consent Agenda Items No. 2a, 2d, 2g, and 2l were removed from the consent agenda and placed on future
meeting agenda.
Mayor Pro Tem McIlhaney noted her abstention from Consent Item No. 2b.
Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion regarding the 2009
Planning & Zoning Commission Plan of Work.
John Nichols, Chairman of Planning and Zoning Commission called the meeting into order at 7:04 pm.
Bob Cowell, ACIP, Director of Planning and Development Services outlined the Plan of Work. Council and
P&Z Commissioners discussed the Plan of Work format. The plan continues to align with the Department’s
Strategic Business Plan. Items are assigned within one of four categories: Community & Neighborhood
Planning, Data Collection & Analysis, Development Services, and Outreach & Communications. They also
discussed the additional descriptions that are provided to better track the purpose and progress of each item
through the year. Staff recommended endorsement of the items contained within the 2009 P&Z Plan of Work.
Council member Crompton made a motion to approve the 2009 P&Z Plan of Work project. Mayor Pro Tem
McIlhaney seconded the motion, which carried 6-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Maloney, Stewart and Ruesink
AGAINST: None
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Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 2
ABSENT: Council member Massey
John Nichols, Chairman of P&Z Commission adjourned their meeting at 3:35 p.m.
Workshop Agenda Item No. 3-- Presentation, possible action, and discussion on a Memorandum of
Agreement between the City of College Station, Research Valley Partnership and Lynntech, Inc.
David Gwin, Director of Economic Development presented a Memorandum of Agreement which provided a
general framework under which the City will facilitate reinvestment and new development in and around the
former Westinghouse facility, located at 2501 Earl Rudder South. The agreement outlined those items for
which each party shall be responsible and also identified specific performance for the private sector entity.
John Clanton, President of Lynntech made a few remarks about the concept plan.
No formal action was taken.
Workshop Agenda Item No. 4 -- Presentation, possible action, and discussion on a resolution supporting
the City’s desire to become a certified “Film Friendly Texas” Community through the State of Texas
Film Commission; and adoption of the Guidelines for Filming in the City of College Station.
David Gwin, Director of Economic Development explained the item. He stated that the convention and Visitors
Bureau has been assisting local representatives to become a certified “Film Friendly Community’, designated
by the Texas Film Commission. He described the benefits of this designation. On-location filming in College
Station has the potential to boost the local economy and provide numerous area-wide promotional opportunities.
By becoming a certified Film Friendly Community, the City will be able to take advantage of many of the
services provided by the Texas Film Commission which currently help to promote and market the community to
the national entertainment industry. These include guidance and assistance in handling commercial filming
opportunities; recognition on the Commission’s website; and an opportunity to be featured as “Community of
the Month” on the Commission’s website.
Council concurred with staff’s recommendation.
No formal action was taken. Consideration of the resolution was scheduled for the regular meeting.
Workshop Agenda Item No. 5 -- Presentation possible action and discussion of a plan to plant trees on
public property along Texas Avenue between Harvey Road and Harvey Mitchell Parkway.
Mark Smith, Director of Public Works presented an updated plan to plant trees on public property along Texas
Avenue between Harvey Road and Harvey Mitchell Parkway. Staff proposed a two phase process focused on
“limited” areas and “unlimited” areas. The limited areas were those areas in the corridor where there are
conflicts with utilities, sight triangles, poor topography; adjacent commercial property landscapes limited space
availability. The unlimited areas were areas in the corridor where large shade trees are appropriate and where
there are few topographic, space, utility or safety constraints.
Council directed staff to move forward with the plan to plant trees on public property.
Workshop Agenda Item No. 6 -- Council Calendar
Council reviewed activity calendar.
Workshop Agenda Item No. 7 -- Presentation, possible action, and discussion on future agenda items: A
Council Member may inquire about a subject for which notice has not been given. A 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
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Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 3
Council member Maloney asked staff to look into the creation of a College Station Business Association.
Workshop Agenda Item No. 8 -- Discussion, review and possible action regarding the following meetings:
Arts Council of the Brazos Valley, Audit Committee, Brazos County Health Dept., Brazos Valley Council
of Governments, Brazos Valley Wide Area Communications Task Force, Cemetery Committee, Design
Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental
Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning
Organization, National League of Cities, Outside Agency Funding Review, Parks and Recreation Board,
Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley
Partnership, Regional Transportation Committee for Council of Governments, Texas Municipal League,
Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning
Board of Adjustments (Notice of Agendas posted on City Hall bulletin board).
No discussion held.
______________________________________
At 4:28 pm Mayor White announced that the City Council would convene into executive session pursuant to
Sections 551.071, 551.072, and 551.087 of the Open Meetings Act to seek the advice of our city attorney, to
consider competitive matters, and economic development negotiations.
Workshop Agenda Item No. 9 -- Executive Session will immediately follow the workshop meeting in the
Administrative Conference Room.
Consultation with Attorney {Gov’t Code Section 551.071}; possible action. The City Council may seek advice
from its attorney regarding a pending or contemplated litigation subject or settlement offer or attorney-client
privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or
settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need
information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer
or attorney-client privileged information. After executive session discussion, any final action or vote taken will
be in public. The following subject(s) may be discussed:
a. Application with TCEQ for permits in Westside/Highway 60 area, near Brushy Water Supply Corporation.
b. Sewer CCN permit requests.
c. Water CCN permit requests.
d. Water service application with regard to Wellborn Special Utility District.
e. Bed & Banks Water Rights Discharge Permits for College Station and Bryan
f. Attorney-client privileged information and possible contemplated litigation of prior expenditures of College
Station funds made by Paul Urso to Texcon.
g. Legal aspects of Water Well, permits and possible purchase of or lease of water well sites.
h. Cliff A. Skiles, DVM & C.A. Skiles Family Partnership, Ltd. Water permit applications with the Brazos
Valley Groundwater Conservation District.
i. JK Development v. College Station.
j. Taylor Kingsley v. College Station.
k. State Farm Lloyds as Subrogee of Mikal Klumpp v. College Station.
l. TMPA v. PUC (College Station filed Intervention).
m. City of Bryan suit filed against College Station, Legal issues and advise on Brazos Valley Solid Waste
Management Agency contract, on proposed methane gas contract. Update on legal proceedings for Grimes
County Landfill site and contracts for development of Grimes County site.
n. Weingarten Realty Investors v. College Station, Ron Silvia, David Ruesink, Lynn McIlhaney, and Ben
White.
Real Estate {Gov’t Code Section 551.072}; possible action The City Council may deliberate the purchase,
exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on
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Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 4
the position of the City in negotiations with a third person. After executive session discussion, any final action
or vote taken will be in public. The following subject(s) may be discussed:
a. Purchase of one or more tracts near the Wolf Pen Creek area.
Economic Incentive Negotiations {Gov’t Code Section 551.087}; possible action The City Council may
deliberate on commercial or financial information that the City Council has received from a business prospect
that the City Council seeks to have locate, stay or expand in or near the city with which the City Council in
conducting economic development negotiations may deliberate on an offer of financial or other incentives for a
business prospect. After executive session discussion, any final action or vote taken will be in public. The
following subject(s) may be discussed:
a. Next Generation Industrial Park.
b. Hotel / Convention Center.
Workshop Agenda Item No. 10 -- Action on executive session, or any workshop agenda item not
completed or discussed in today’s workshop meeting will be discussed in tonight’s Regular Meeting if
necessary.
At 6:50 pm, Council adjourned from the executive session and returned to Council Chambers. No formal action
was taken.
Workshop Agenda Item No. 11 -- Adjourn.
The workshop meeting adjourned following the regular meeting.
Minutes of Regular Meeting
Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation, Hear visitors.
Mayor White called the meeting to order at 7:00 pm with all Council members present. Mayor White led the
audience in the Pledge of Allegiance. Fire Chief R.B. Alley provided the invocation.
Hear Visitors:
Greg Taylor, 15796 I6 N, expressed his concern on the annexation proposal regarding the lack of adequate
notification to potential property owners.
Regular Agenda Item No. 2 -- Presentation, possible action and discussion of consent agenda items which
consists of ministerial or "housekeeping" items required by law. Items may be removed from the consent
agenda by majority vote of the Council.
a. Presentation, possible action, and discussion on minutes for November 5, 2008 meeting. (Item removed)
b. Approved the Group Long Term Disability Policy Renewals for the calendar years of 2006, 2007, 2008, and
2009. Mayor Pro Tem McIlhaney abstained.
c. Approved the Equipment Replacement Fund contingency transfer in the amount of $18,881.05 for a pilot
project to move selected non-Public Safety users from the 800 MHz radio system to a commercial push-to-
talk radio system.
d. Presentation, possible action, and discussion concerning a resolution approving special warranty deeds
conveying one-half undivided interest to the City of Bryan in land acquired by condemnation for Twin Oaks
Landfill. (Item removed)
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Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 5
e. Approved Resolution No. 11-24-08-2e on awarding Bid#09-05, installation of a traffic signal at the
intersection of William D. Fitch Parkway and Lakeway Drive to lowest responsible bidder Bayer
Construction in the amount of $157,232.50.
f. Approved Resolution No. 11-24-08-2f on amending the authorized representatives at TexPool.
g. Presentation, possible action, and discussion on approving the budget of the George Bush Presidential
Library Foundation; and presentation, discussion and possible action on a funding agreement between the
City of College Station and the George Bush Presidential Library Foundation for FY09 in the amount of
$100,000. (Item removed)
h. Approved the authorizing of the expenditures for the Brazos County Appraisal District in the amount of
$237,596 pursuant to Texas State Property Tax Code Section 6.06 (d).
i. Approved Resolution No. 11-24-08-2i awarding the bid and approval of a contract (Contract Number 09-
04) with The Ground Crew, L.L.C., from Bryan, Texas in the amount of $92,987.55 and sixty (60) calendar
days to complete the installation of trees, landscaping, and irrigation for the Dartmouth Street Extension
Project Number ST-0211, and authorizing the expenditure of funds. The total amount of the contract
includes a base bid of $89,950.05 and acceptance of Alternate #1 (use of Palisades Zoysia sod instead of
Bermuda sod) in the amount of $3,037.50.
j. Approved the City’s proposed Housing Rehabilitation and Minor Home Repair Program Guidelines.
k. Approved Resolution No. 11-24-08-2k supporting the City’s desire to become a certified “Film Friendly
Texas” Community through the State of Texas Film Commission; and adoption of the Guidelines for
Filming in the City of College Station.
l. Presentation, possible action and discussion regarding the approval of a resolution accepting from the
Governors Division of Emergency Management (GDEM) the 2008 Homeland Security Grant Program –Sub-
recipient of $166,666.67 naming a City staff member as manager of those grant funds, and approving the
2008 City of College Station Equipment List for purchase. (Item removed)
m. Approved the change order to Contract #04-086 in the amount of $6,800.00 to BRW Architects for design
work associated with Police Department Renovations Project.
n. Approved the change order #2 to engineering design contract 07-152 with Malcolm-Pirnie, Inc in the
amount of $38,125 for construction inspection services on the Parallel Water Transmission Line.
o. Approved Resolution No. 11-24-08-2o awarding a professional services contract to Malcolm Pirnie Inc. in
the amount of $50,000 to conduct a feasibility study for the use of saline (brackish) groundwater wells to
increase our drinking water supply.
p. Approved Resolution No. 11-24-08-2p that will authorize City staff to negotiate for the purchase of an
easement needed for the Wellborn Widening Project.
q. Approved Resolution No. 11-24-08-2q designating the Construction Manager at Risk as an alternative
procurement method for the proposed renovation and expansion to the Utility Service Center.
r. Approved the Real Estate Contract that will authorize and direct City staff to complete the purchase of
right-of-way needed for the William D. Fitch Widening Phase II Project.
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Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 6
s. Approved Resolution No. 11-24-08-2s approving a construction contract with Brazos Valley Services for
the amount of $3,749,256.38 for the construction of the WD Fitch Pkwy Widening Phase II Project.
t. Approved the Change Order No. 4 to the construction contract (Contract No. 08-044) with JaCody, Inc. in
the amount of $156,468 for the CSU Meeting & Training Facility.
u. Approved Resolution No. 11-24-08-2u on the construction contract (Contract #09-032) with Brazos Valley
Services in the amount of $1,847,972.66 for the Barron Road Capacity Improvements Phase 1 Project.
v. Approved Resolution No. 11-24-08-2v on a Professional Services Contract with Lockwood, Andrews,
Newnam, Inc., in the amount of $188,700, for the design of the Carters Creek Wastewater Treatment Plant
Miscellaneous Improvements, and approved Resolution No. 11-24-08-2v-a declaring intention to reimburse
certain expenditures with proceeds from debt.
w. Approved the Memorandum of Agreement between the City of College Station, Research Valley
Partnership and Lynntech, Inc.
Council member Crompton moved to approve consent agenda items 2b thru 2w with the exception of items 2a,
2d, 2g, & 2l. Council member Massey seconded the motion, which carried 7-0. Mayor ProTem McIlhaney
abstained from consent agenda item 2b.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 1 -- Public hearing, presentation, possible action and discussion regarding a
resolution increasing the drainage utility rate.
Mark Smith, Director of Public Works presented the resolution authorizing the increase of drainage utility rate
from $3.50 to $5.00 per month for a single family residence, from $1.57 to $2.25 per month for a multi-family
residence and $1.65 to $2.35 per 1000 sf per month for commercial properties. He explained that the rates have
not increased since the designation of the drainage utility fee in 1996. He also added that the population growth
has rapidly increased and the fees must be in compliance with the stormwater pollution prevention plan.
Mayor White opened the public hearing. No one spoke. He closed the public hearing.
Council member Crompton moved to approve Resolution No. 11-24-08-01 authorizing the increase in drainage
utility rates as presented. Council member Maloney seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 2 -- Public hearing, presentation, possible action and discussion on a
Comprehensive Land Use Plan amendment from Industrial R&D to Residential Attached for 1.32 acres
located at 300 Holleman Drive, located next to the Verizon building near Lassie Lane.
Molly Hitchcock, Planning Administrator presented an amendment to the comprehensive land use plan for 1.32
acres located at 300 Holleman Drive. She explained the various types of rezoning in this area and the mixed
use in the area for Wolf Pen Creek. P&Z Commission and staff recommended denial of the request.
John Nichols, Chairman of P&Z Commission stated that P&Z recommended denial of the applicant request on
the amendment to the comprehensive land use plan.
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Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 7
Mayor White opened the public hearing.
Jason McAllister, 636 San Mario Ct., VP of the Oldham Group explained the retail component of this property.
Jane Kee, IPS Group asked Council to consider what type of zoning it wants for the area, considering traffic
volume.
Bo Miles, IPS Group and local developer and contractor at 341 Landsburg, stated that the project construction
proposes to build and share with the Wolf Pen Creek Corridor.
Scott Ball, IPS Group and owner of Wolf Creek Condo Development at 4711 Johnson Creek Loop, inquired
about the Council’s vision of the Corridor.
Mayor White closed the public hearing.
Mayor Pro Tem McIlhaney made a motion to refer the item back to P&Z for more discussion and have a further
look into the corridor and the adjacent tracts. Council member Stewart seconded motion, which carried 4-3.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Stewart and Ruesink
AGAINST: Maloney, Crompton, and Massey
Regular Agenda Item No. 3 -- Public hearing, presentation, possible action, and discussion regarding an
ordinance rezoning from A-O Agricultural Open to C-1 General Commercial Industrial for 2.056 acres
located at 1780 Greens Prairie Road West, and more generally located near the northwest corner of the
intersection of Greens Prairie Road and Arrington Road.
Molly Hitchcock, Planning Administrator presented the staff report. The property owner has requested a
rezoning for 2.056 acres located at 1780 Greens Prairie Road from A-O Agricultural Open to C-1 General
Commercial Industrial. P&Z Commission and staff recommended approval of this request.
Mayor White opened the public hearing. No one spoke. He closed the public hearing.
Council member Maloney made a motion to approve Ordinance No. 3135 rezoning from A-O Agricultural
Open to C-1 General Commercial Industrial for 2.056 acres located at 1780 Greens Prairie Road West, and
more generally located near the northwest corner of the intersection of Greens Prairie Road and Arrington
Road. Council member Massey seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 4 -- Public hearing, presentation, possible action and discussion regarding a
Comprehensive Plan Amendment - Land Use for 2.70 acres located at 2875 Earl Rudder Freeway, and
more generally located next to the North Forest Professional Park, from Floodplains & Streams and
Single-Family Residential Medium Density to Office.
Molly Hitchcock, Planning Administrator presented an amendment of the Comprehensive Plan Amendment
Land Use for 2.70 acres located at 2875 Earl Rudder Freeway. P&Z Commission and the Staff recommended
approval of the request to change the land use designation of the 1.69 acre portion currently designated as
Single Family Residential Medium Density to Office. Staff recommended denial of the request to change the
land use designation of the 1.01 acre portion currently designated as Floodplains & Streams to Office.
John Nichols, Chairman of P&Z Commission described the outcome of the Planning and Zoning Commission’s
decision which was a tie vote of 3-3.
Mayor White opened the public hearing.
24
Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 8
Fred Bayless, 7610 River Ridge, representative of the property owner Dr. Salzar, requested Council’s
consideration to approve the rezoning to allow applicant to realign the property. He indicated that the property
owner is willing to donate a portion of the greenways property to the City..
Joe Schultz, 3208 Innsbrook, described the subject property.
Mayor White closed the public hearing.
Council Member Maloney made a motion to approve Ordinance No. 3136 as recommended by staff and
Planning and Zoning Commission to change the land use designation of the 1.69 acre portion from Single
Family Residential Medium Density to Office. Council member Stewart seconded the motion, which carried 5-
1. Mayor Pro Tem McIlhaney abstained from discussion and vote.
FOR: Mayor White, Massey, Maloney, Stewart and Ruesink
AGAINST: Crompton
Mayor Pro Tem McIlhaney abstained
Regular Agenda Item No. 5 -- Public hearing, presentation, possible action, and discussion regarding an
ordinance rezoning from R-1 Single Family Residential and A-O Agricultural-Open to PDD Planned
Development District for 120.77 acres located at 1430 Harvey Mitchell Parkway South generally located
opposite the intersection with Holleman Drive.
Bob Cowell, AICP, Director of Planning and Development presented a rezoning of 120.77 acres located at 1430
Harvey Mitchell Parkway South from R-1 Single Family Residential and A-O Agricultural-Open to PDD
Planned Development District. P&Z Commission and Staff recommended approval of the request with three
conditions: the width of the buffer areas be a minimum of 35 feet, the maximum square feet of retail for area
F1 be limited to 75,000 square feet, and the connection road to Place Properties is constructed as a private drive
instead of the a public street and its alignment not be restricted to the proposed location but will be located at
any point between to two properties such that the connection is made.
Veronica Morgan with Mitchell and Morgan presented a video of the rezoning and development of Capstone.
Mayor White opened the public hearing. No one spoke. He closed the public hearing.
Council member Massey moved to approve Ordinance No. 3137 to rezone 120.77 acres located at 1430
Harvey Mitchell Parkway South generally located opposite the intersection with Holleman Drive. from R-1
Single Family Residential and A-O Agricultural-Open to PDD Planned Development District. Council member
Maloney seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor ProTem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Mayor White called for a recess 8:50 p.m.
Mayor White reconvened at 9:00 p.m.
Regular Agenda Item No. 6 -- Public hearing, presentation, possible action and discussion regarding an
amendment to the Comprehensive Land Use Plan from Single-Family Residential Medium Density to
Retail Regional West, and more generally located near the southwest corner of the intersection of Greens
Prairie Road and Arrington Road.
Molly Hitchcock, Planning Administrator presented an amendment to 34.6 acres located at 1775 Greens Prairie
Road West. She also stated that Part of the amendment will not be discussed due to posting error but rezoning
25
Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 9
of the Retail Region could be discussed. P&Z recommendation failed on a 3-3 vote and staff recommended
denial due to the compatibility.
Parviz Vessali, applicant at 110 Pershing, gave Council an overview for the purpose of the rezoning to retail and
explained to Council that they are only approving the Retail Regional use not on the Residential.
John Nichols Chairman P&Z Commission stated that the item before them was for an amendment to the
Comprehensive Land Use Plan.
Mayor White opened the public hearing. No one spoke. He closed the public hearing.
Council member Crompton moved to deny applicants request. Motion failed due to lack of second.
Mayor Pro Tem McIlhaney moved to refer back to P&Z to look at PDD which would contain Mix-Use, Retail,
Residential and Office. Council member Stewart seconded the motion, which carried 4-3.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Stewart and Ruesink
AGAINST: Maloney, Crompton, and Massey
Regular Agenda Item No. 7 -- Public hearing, presentation, possible action and discussion on a
Comprehensive Land Use Plan amendment from Industrial R&D to Residential Attached for 5.59 acres
located on the northern corner of the intersection of State Highways 60 and 47.
Molly Hitchcock, Planning Administrator presented the staff report. The Comprehensive Land use Plan
amendment is for 5.59 acres located on the northern corner of the intersection of State Hwy 60 and 47 from
Industrial R&D to Residential. P&Z Commission and Staff recommended denial of the amendment due to
compatibility.
Switzer Deason, 1017 Lyceum Ct., applicant, stated that the area land uses had changed and it was compatible
with the Residential District.
John Nichols, Chairman of P&Z Commission, stated his support of retirement community in the community.
However, the proposed area is not the appropriate location.
Mayor White opened the public hearing. No one spoke. He closed the public hearing.
Council member Maloney made a motion to deny the request of rezoning the 5.59 acres located on the northern
corner of the intersection of State Highways 60 and 47. Council member Massey seconded the motion, which
carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 8 -- Public hearing, presentation, possible action, and discussion on an
amendment to the Unified Development Ordinance, Section 5.9, Single-Family Overlay Districts as it
relates to the minimum number of petition signatures to request an overlay.
Bob Cowell, AICP, Director of Planning and Development Services presented an overview of the revised
Single-Family Overlay District and the language to reduce the percentage of owners required to sign for a
petition requesting an overlay rezoning. The amendment will reduce the requirement form 60% to 50% plus
one (1).
26
Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 10
John Nichols, Chairman of P&Z Commission explained the P&Z decision on the denial of the amendment by a
vote of 6-1.
Mayor White opened the public hearing.
Lisa Yeagin Robinson, 605 Guensey, opposed to amendment.
Sherry Ellison, 2705 Brookway Dr., supports the amendment.
James R. Robinson, 605 Guernsey, opposed to amendment.
Henry Wittner, Press of Raintree Homeowners Association, supported the amendment.
Mayor White closed the public hearing.
Council member Crompton moved to approve Ordinance No. 3138 to amend the Single-Family
OverlayDistrict as it related to the minimum number of petition signatures of 50 percent plus one to request an
overlay.. Council member Maloney seconded the motion, which carried 4-3.
FOR: Mayor Pro Tem McIlhaney, Crompton, Massey and Maloney
AGAINST: Mayor White, Stewart and Ruesink
Regular Agenda Item No. 9 -- Presentation, possible action and discussion regarding the establishment of
a neighborhood grant program and revisions to the current gateway grant program.
Bob Cowell presented an overview of the establishment of a neighborhood grant program and revisions to the
current gateway grant program.
Barbara Moore, Neighborhood and Community Relations Coordinator explained the Grant funding of $15,000.
Goals:
Strengthen & improve neighborhood associations
Improve the appearance of city neighborhoods
Strengthen the relationship between the HOA and the City government
Stimulate inter-neighborhood cooperation
Encourage new communities to develop their own neighborhood associations
Stimulate interaction between all College Station HOAs/Neighborhood associations
Council member Crompton made a motion to approve the report on neighborhood grant programs and revisions
to the current gateway grant program. Council member Stewart seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 10 -- Presentation, possible action and discussion regarding a resolution of the
City Council of the City of College Station, Texas, approving and setting fees for Parks and Recreation
activities and facilities for Calendar Year 2009.
Tony Cisneros, Director of Parks and Recreation presented an annual review of the user fees to determine direct
costs, as well as local “market” rates for individual programs and facilities. Further the Parks and Recreation
Advisory Board established a departmental fee policy statement to provide guidance in the establishment of
fees. This policy is consistent with the City’s fiscal and budgetary policy. The Parks and Recreation Advisory
Board also recommended approval of the fees as submitted for Calendar Year 2009. The Municipal Cemetery
System fees were also added to the list of parks user fees.
Council requested staff to change fee amount to $10.00 for parking on football weekends.
27
Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 11
Council member Crompton moved to approve Resolution No. 11-24-08-10 with suggested changes to parking
fees. Mayor Pro Tem McIlhaney seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 11 -- Presentation, possible action, and discussion of Federal Emergency
Management Agency’s (FEMA) Community Rating System (CRS) program and consideration for a
Resolution to support the application to and implementation of the CRS Program.
Alan Gibbs, City Engineer presented the staff report explaining the application process and recommendations.
The Community rating system recognizes cities that implement and enforce flood protection above the
minimum requirements and rewards these cities’ citizens with the opportunity to purchase flood insurance at
reduced rates. The amount of reduction varies between 5% to 45% depending on the floodplain management
activities of the city.
The City of College Station’s current floodplain management requirements do exceed FEMA minimums, and
by staff estimation should make the City eligible for acceptance into the CRS program with an estimated 5-15%
rate reduction. To join the program we must first submit an application to the NFIP’s Insurance Services Office,
Inc. If the application is acceptable then a formal inspection of our records and practices will be reviewed by a
team from the NFIP. Based on their findings we will receive a participation rating and our citizens will receive
reduced insurance rates.
Council member Maloney made a motion to approve Resolution No. 11-24-08-11 for the FEMA Community
rating system application. Council member Massey seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 12 -- Presentation, possible action and discussion on appointments to the
newly-created Landmark Commission.
Bob Cowell, AICP, Planning and Development Services Director presented a list of applicants for the newly
created Landmark Commission.
Council member Massey made a motion to appoint the following citizens to the Landmark Commission.
Council member Maloney seconded the motion, which carried 7-0.
Shawn Carlson: 06-11
Bill Lancaster: 06-12
Scott Shafer: 06-10
Joseph Williams: 06-12
Wajahat Mirza: 06-11
Jerry Cooper: 06-12
Gaines West: 06-12
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 13 -- Presentation, possible action, and discussion on appointment of citizen as
member of Convention and Visitors Bureau.
28
Council Workshop & Regular Minutes, Monday, November 24, 2008 Page 12
Connie Hooks, City Secretary stated that the Brazos Valley Convention and Visitors Bureau endorsed the
reappointment of Steve Moore as the City of College Station’s representative.
Council member Massey moved to approve the reappointment of Steve Moore to the Brazos Valley Convention
and Visitors Bureau for a two year term. Council member Ruesink seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 14 -- Presentation, possible action, and discussion regarding the City’s
appointment to the Twin City Endowment.
Connie Hooks, City Secretary sought Council consideration of an appointment to the Twin City Endowment
Board. Staff recommended Wayne Rife to serve as the City’s representative on the Twin City Endowment
Board.
Council member Maloney moved to approve the appointment of Wayne Rife to the Twin City Endowment
Board replacing Harry Green. Council member Ruesink seconded the motion, which carried 7-0.
FOR: Mayor White, Mayor Pro Tem McIlhaney, Crompton, Massey, Maloney, Stewart and Ruesink
AGAINST: None
Regular Agenda Item No. 15 -- Adjourn.
Hearing no objections, Mayor White adjourned the meetings at 11:13 pm on Monday, November 24, 2008.
PASSED AND APPROVED this 11th day of December, 2008.
APPROVED
___________________________
Mayor Ben White
ATTEST:
_________________________
City Secretary Connie Hooks
29
December 11, 2008
Consent Agenda Item No. 2b
Change Order to Bleyl & Associates Professional Services
Contract for the 2005 Bike Loop Project
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a change order
to the professional services contract with Bleyl & Associates for the 2005 Bike Loop Project
in the amount of $10,725.
Recommendation(s): Staff recommends approval of Change Order #1 in the amount
of $10,725.
Summary: In response to TxDOT design review comments, additional effort was
necessary to modify the Longmire and 2818 intersection design to include channelized turn
lanes and a raised median along Longmire Drive. The 2005 Bike Loop project was also split
into two separate projects to expedite the delivery of the Longmire improvements and Bee
Creek bridge project while the Bike Loop Project undergoes additional review requirements
by the State.
This change order will cover the cost of additional effort associated with the design
modifications and to split one final package into two, including modifying the plans,
specifications and the bid estimate, which were already prepared.
Budget & Financial Summary: Funds in the amount of $981,624 have been budgeted
for this project from the Streets Capital Improvement Projects Fund. Funds in the amount of
$75,068.43 have been expended or committed, leaving a balance of $906,555.57.
Attachments:
1.) Change Order
2.) Bleyl Letter
30
31
December 11, 2008
Consent Agenda Item No. 2c
2005 Bike Loop Phase I—Longmire Improvements
Construction Contract Award
To: Glenn Brown, City Manager
From: Chuck Gilman, Director of Capital Projects
Agenda Caption: Presentation, possible action, and discussion regarding a resolution
approving a construction contract with JCF Bridge & Concrete, Inc. for the amount of
$636,401.43 for the construction of the 2005 Bike Loop Phase I—Longmire Improvements
Project.
Recommendation(s): Staff recommends award to the lowest, responsible bidder, JCF
Bridge & Concrete, Inc., in the amount of $636,401.43.
Summary: The project includes improvements to the Longmire Drive-FM 2818
intersection, bicycle lanes on Longmire Drive, and a pedestrian bridge over Bee Creek. Four
(4) competitive bids were produced in response to Bid No. 09-07 (Bid Tab attached). The
contract allows for 150 days for the completion of the project.
Budget & Financial Summary: Funds in the amount of $981,624 have been budgeted
for this project from the Streets Capital Improvement Projects Fund. Funds in the amount of
$75,068.43 have been expended or committed, leaving a balance of $906,555.57.
Attachments:
1.) Resolution
2.) Bid Tab
3.) Project Map
32
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,
5
7
5
.
0
0
$1
7
.
9
7
$1,850.91 $33.25 $3,424.75 $26.59 $2,738.77
4.
0
7
84
S
Y
F ur
n
i s h a
n
d I ns
t a ll
6”
R e i n f or
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c
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P av
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p
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$5
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$4
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3
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$3,554.04 $41.00 $3,444.00 $101.00 $8,484.00
4.
0
8
43
S
Y
F ur
n
i s h a
n
d I ns
t a ll
6”
R e i n f or
c
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c
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P av
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t i nc
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pl
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6
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$2,413.16 $52.00 $2,236.00 $112.00 $4,816.00
4.
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4
L
F
F ur
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T yp
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b a
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4
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$656.18 $12.50 $1,505.00 $9.79 $1,178.72
4.
1
0
25
7
3
S
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F ur
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t a ll
6”
T yp
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B as
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9
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6
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$27,428.18 $17.25 $44,384.25 $13.15 $33,834.95
4.
1
1
51
5
G
A
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F ur
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P r i me
C oa
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$6,169.70 $7.50 $3,862.50 $6.88 $3,543.20
4.
1
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$7,547.19 $40.00 $840.00 $286.00 $6,006.00
4.
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T
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F ur
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$74,964.85 $92.00 $46,055.20 $80.52 $40,308.31
4.
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T
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F ur
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$43,295.12 $92.00 $24,628.40 $95.65 $25,605.51
4.
2
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21
5
S
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Pl
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6
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$1,610.35 $9.75 $2,096.25 $16.23 $3,489.45
4.
1
7
59
4
S
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F ur
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L an
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f or
I s l an
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$39,138.66 $83.50 $49,599.00 $73.74 $43,801.56
4.
1
8
63
4
L
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F ur
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0
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1
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5
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$13,669.04 $18.70 $11,855.80 $19.27 $12,217.18
4.
1
9
51
S
Y
F ur
n
i s h a
n
d I ns
t a ll
R e i n f or
c
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d C on
c
r
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t e
D r i ve
w
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.
9
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$2,749.41 $51.00 $2,601.00 $75.00 $3,825.00
4.
2
0
16
S
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Fu
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5
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8
0
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0
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2
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6
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$1,162.72 $62.00 $992.00 $82.00 $1,312.00
4.
2
1
1E
A
F ur
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d I ns
t
a
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4’
A m b u l at
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R am
p
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D r i ve
w
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40
NEW COVERSHEET FORMAT EXAMPLE 1
December 11, 2008
Consent Agenda Item No. 2d
Renewal of Electric Annual Construction Contract
To: Glen Brown, City Manager
From: David Massey, Director of College Station Electric Utilities Department
Agenda Caption: Presentation, possible action and discussion on the Renewal of Electric
Annual Construction Contract with H&B Construction for $1,070,893.65; and a resolution
declaring intention to reimburse certain expenditures with proceeds from debt. (Bid #07-19,
Contract #07-046)
Recommendation(s): Staff recommends renewal of the Annual Construction Contract
with H&B Construction in the amount of $1,070,893.65; and approval of the resolution
declaring intention to reimburse certain expenditures with proceeds from debt.
Summary: This contract was approved by Council in December of 2006 and renewed
January 2008 for supplemental labor and equipment to construct the required electric
distribution line extensions and conversion and provide necessary maintenance of the City’s
electric distribution system for a 12 month period. This is the second renewal and final year
of this contract.
Budget & Financial Summary: The original amount of contract was for $1,019,898.71.
The first renewal in January of 2008 included a 5% increase of the contract amount to
$1,070,893.65 for increased fuel cost and operating expenses. The current contract allowed
for the increase in the contract amount of 5% by mutual agreement of both parties. This
second renewal will be for the current contract amount of $1,070,893.65. Funds are
budgeted for electric capital system improvements and conversion in College Station Electric
Utility Capital Improvement Projects Fund. 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 and next fiscal year.
Attachments:
1. Renewal Acceptance Letter
2. Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from
Debt
41
..............................................................................
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew Bid #07-19 (Contract #07-046), for
annual electrical distribution labor in accordance with all terms and conditions previously agreed
to and accepted.
I understand this renewal term will be for a one year period beginning January 24th, 2009
through January 23'*, 20 10 for the total amount of the contract, $1,070,893.65 (One Million
Seventy Thousand Eight Hundred Ninety Three and 65/100 Dollars). This amount reflects the
5% increase agreed upon by H & B Construction and the City for Renewal #I.
m H & B CONSTRUCTION
AUTHORIZED REPRESENTATIVE
CITY OF COLLEGE STATION
Mayor
ATTEST:
Connie Hooks, City Secretary
APPROVED:
City Manager w City Attorn y
Chief Financial Officer
/o/w/-/
' DATE
DATE
DATE
DATE
DATE
DATE
42
STATE OFK~ [/I/!LJ CORPORATE ACKNOWLEDGMENT
COUNTY OF r)/d bJ -
-, .ti.. This instrument was acknow1edged on the J,[) day of g'?.;bdd'~/ ,200d:
by ~l/hiLL&d &~?&w.)L in hidher capacity as ~LU.LIW YLLL&- of
)deb h&b~ilv , a L Corporation, on behalf of said corporation.
hIOT&RY PUBLIC
Stnre of Texas
STATE OF TEXAS
COUNTY OF BRAZOS
N&ary Public in and for the
ACKNOWLEDGMENT
This instrument was acknowledged on the day of ,200 ,
by , in his capacity as Mayor of the City of College Station, a Texas
home-rule municipality, on behalf of said municipality.
Notary Public in and for the
State of Texas
43
44
45
46
December 11, 2008
Consent Agenda Item No. 2e
Budget Approval and Funding Agreement
with the George Bush Presidential Library Foundation
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, discussion and possible action on approving the budget of the
George Bush Presidential Library Foundation; and presentation, discussion and possible action
on a funding agreement between the City of College Station and the George Bush Presidential
Library Foundation for FY09 in the amount of $100,000.
Recommendation(s): Staff recommends approval of the George Bush Presidential Library
Foundation budget and the funding agreement for FY09.
Summary: As part of the 2008-2009 budget process the City Council approved funding for
the George Bush Presidential Library Foundation in the amount of $100,000.
Budget & Financial Summary: The funds for this agreement are budgeted and available in
the 2008-2009 Hotel Tax Fund Budget. A total of $100,000 is to be used for marketing and
operational activities directly associated with the promotion of tourism and the hotel industry in
College Station. State law requires that the City Council approve the budget of any
organization that is to be funded through the Hotel Tax.
Attachments:
1 George Bush Presidential Library Foundation budget
2 George Bush Presidential Library Foundation Funding Agreement
47
MARKETING AND PUBLIC RELATIONS
Radio Advertising (KAMU) 3 spots per day @ $5.00/ea.
(General Museum info when not advertising exhibits)5,475.00$
Professional Associations (Dues)
Presidential Corridor Association
Texas Travel Industry Association
B/CS Chamber of Commerce
Texas Bluebonnet Travel Council
East Texas Tourism Association
International Association of Business Communicators
Brenham Chamber of Commerce 3,445.00$
Wine Magazine Advertising 15,000.00$
Eagle Advertising Program (Print)9,000.00$
Graphic Design Services 2,000.00$
Suddenlink (Cable)3,500.00$
Supplies (Postage, toner etc…)5,500.00$
Travel and Tourism Trade Shows 9,680.00$
Trade Show and Promotional Items 6,500.00$
Clear Channel Radio 4,000.00$
KBTX Advertising (TV)11,400.00$
KMAY Advertising (TV)4,500.00$
WTAW Advertising (Radio and Print)4,500.00$
TOTAL MARKETING BUDGET 84,500.00$
GRANT FUNDING
Wine Exhibit Brochure Design and Printing (150,000) 9,500.00$
Special Events 10,000.00$
Print Advertising (Spouthern Living, AAA Journeys etc…) 59,000.00$
TTIA File Folder Program 500.00$
Certified Folder Program (Cooperative Effort with CVB and Messina 6,000.00$
Houston Chronicle Advertising Wrap 15,000.00$
TOTAL GRANT FUNDED PROGRAMS 100,000.00$
Attachment A-3
48
Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
1
FUNDING AGREEMENT PROVIDING FOR THE PAYMENTAND USE
OF HOTEL TAX REVENUE BETWEEN THE CITY OF COLLEGE
STATION AND THE GEORGE BUSH PRESIDENTIAL LIBRARY
FOUNDATION FOR OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009
THIS AGREEMENT is made between the CITY OF COLLEGE STATION, a Home Rule
Municipal Corporation incorporated under the State of Texas (hereinafter referred to as the “City”),
and The George Bush Presidential Library Foundation, d.b.a Bush Presidential Library Foundation,
a Texas Non-Profit Corporation (hereinafter referred to as the “Agency”):
WHEREAS, Texas Tax Code §351.002 and §351.003(a) authorize City to levy by
ordinance a municipal hotel occupancy tax (“hotel tax”) not exceeding seven percent (7%) of the
consideration paid by a hotel occupant; and
WHEREAS, by ordinance, City has provided for the assessment and collection of a
municipal hotel occupancy tax in the City of College Station of seven percent (7%); and
WHEREAS, Texas. Tax Code §351.101(a) authorizes City to use revenue from its
municipal hotel occupancy tax to promote tourism and the convention and hotel industry, yet limits
such revenue use for historical restoration and preservation projects or activities or advertising and
conducting solicitations and promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums; and
WHEREAS, Agency is well equipped to perform those activities; and
WHEREAS, Texas Tax Code §351.101(c) authorizes City to delegate by contract with
Agency; as an independent entity, the management or supervision of programs and activities of the
type described hereinabove funded with revenue from the municipal hotel occupancy tax;
NOW, THEREFORE, IN CONSIDERATION of the performance of the mutual
covenants and promises contained herein, City and Agency agree and contract as follows:
ARTICLE I
DEFINITIONS
1.1 The term “Agency” shall mean The George Bush Presidential Library Foundation, a Texas
Non-Profit Corporation to which the City has delegated the management or supervision of programs
and activities funded with Hotel Tax Revenue.
1.2 The term “City” shall mean the City of College Station, in the County of Brazos, and the
State of Texas.
1.3 The term “Contract Quarter” shall refer to any quarter of the contract year in which this
Agreement is in force. Contract Quarters will end on December 31st, March 31st, June 30th, and
September 30th, of each contract year.
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1.4 The term “Event” shall include any and all banquets, ceremonial dinners, promotional
programs, or other public or private event hosted by Agency.
1.5 The term “Financial Activity Report” shall mean a quarterly report which includes a
summary of Agency’s revenues and expenditures, and a summary of Agency’s assets and liabilities
to be submitted to the City on the sample forms attached herein as Exhibit A or in a form agreed
upon by Agency and City.
1.6 The term “Financial Records” shall mean invoices, receipts, bank statements,
reconciliations, cleared checks, financial statements and audit reports.
1.7 The term “Hotel Tax Revenue” shall mean the gross monies collected and received by
City as municipal hotel occupancy tax at the rate of seven percent (7%) of the price paid for a
room in a hotel, pursuant to Texas Tax Code §351.003 (a) and City Ordinances. Hotel Tax
Revenue will include penalty and interest related to the late payments of the tax revenue by the
taxpayer.
1.8 The term “Narrative Summary of Activity Report” shall mean the quarterly summary report
of the activities of Agency including a summary of how funds from City have been utilized to
accomplish the Agency’s work. Such report shall be submitted on the form attached herein as
Exhibit B.
1.9 The term “Performance Measure Report” shall mean the quarterly report to determine the
levels of service that are being provided by Agency to be submitted to the City on the form attached
herein as Exhibit C.
1.10 The term “Program Report” shall mean a report as required by Texas Tax Code §351.108
listing each of the Agency’s scheduled activity, program, or event that: is directly funded with Hotel
Tax Revenue or has its administrative costs funded in whole or in part by the Hotel Tax Revenue
and is directly enhancing and promoting tourism and the convention and hotel industry. Such report
shall be submitted on the form attached herein as Exhibit D.
ARTICLE II.
HOTEL TAX REVENUE PAYMENT
2.1 Consideration and Payment. For and in consideration of the activities to be satisfactorily
performed by Agency under this Agreement, City agrees to pay to Agency a portion of the Hotel
Tax Revenue collected by City in the total amount of ONE HUNDRED THOUSAND AND
NO/100 DOLLARS ($100,000.00), to be paid as follows:
(a) The total amount of ONE HUNDRED THOUSAND AND NO/100 DOLLARS
($100,000.00) from the City’s Hotel Tax Revenue. Payment will be made in four (4)
installments of $25,000.00 each.
2.2 Quarterly payments will be dependent upon the City receiving all reports required herein
from the Agency. Quarterly reports are due no later than thirty (30) days after the end of each
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Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
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Contract Quarter (no later than January 30th, April 30th, July 30th, October 30th, of each
contract year.)
2.3 Other limitations regarding consideration.
(a) It is expressly understood that this contract in no way obligates the General Fund or
any other monies or credits of City.
(b) City may withhold allocations if City determines that expenditures of Agency
deviate materially from their approved budget or if the reports required herein are not
submitted in a complete and timely manner.
ARTICLE III
USE OF HOTEL TAX REVENUE
3.1 Use of Funds. For and in consideration of the payment by City to Agency of the agreed
payments of Hotel Tax Revenue specified above, Agency agrees to manage or supervise the
programs and activities funded with Hotel Tax Revenue. Agency further agrees to use such Hotel
Tax Revenue for historical restoration and preservation projects or activities or advertising and
conducting solicitations and promotional programs to encourage tourists and convention delegates
to visit preserved historic sites or museums:
(a) At or in the immediate vicinity of convention center facilities or visitor information
centers; or
(b) Located elsewhere in the City of College Station or its vicinity that would be
frequented by tourists and convention delegates.
(c) The City Council and City Manager or their designees shall have the right to attend
Agency events or promotional programs as representatives of the City to promote tourism
and the convention and hotel industry at no additional cost to the City.
3.2 Administrative Costs. The Hotel Tax Revenue received from City by Agency may be
spent for Agency’s day-to-day operations, supplies, salaries, office rental, travel expenses, and other
administrative costs only if those administrative costs are incurred directly in the promoting of:
tourism and the convention and hotel industry and the historical restoration and preservation
projects or activities or advertising and conducting solicitations and promotional programs to
encourage tourists and convention delegates to visit preserved historic sites or museums:
(a) At or in the immediate vicinity of convention center facilities or visitor information
centers; or
(b) Located elsewhere in the City of College Station or its vicinity that would be
frequented by tourists and convention delegates.
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3.3 Specific Restrictions on Use of Funds.
(a) That portion of total administrative costs of Agency for which Hotel Tax Revenue
may be used shall not exceed that portion of Agency’s administrative costs actually incurred
in conducting the activities specified in §3.1 above.
(b) Hotel Tax Revenue may not be spent for travel for a person to attend an event or
conduct an activity the primary purpose of which is not directly related to the promotion of
tourism and the convention and hotel industry or the performance of the person’s job in an
efficient and professional manner.
ARTICLE IV
RECORDKEEPING AND REPORTING REQUIREMENTS
4.1 Budget.
(a) Prior to execution of this Funding Agreement, Agency shall submit to the City
Manager of City an annual budget to be approved by the City Council for each fiscal year,
for such operations of Agency funded by Hotel Tax Revenues. This budget shall
specifically identify proposed expenditures of Hotel Tax Revenue by Agency. In other
words, City should be able to audit specifically the purpose of each individual expenditure
of Hotel Tax Revenue from the separate account relating to Hotel Tax Revenue. City shall
not pay to Agency any Hotel Tax Revenues as set forth in Article II of this Agreement
during any program year of this Agreement unless a budget for such respective program
year has been approved in writing by the College Station City Council. Approval of the
budget by the City Council shall not preclude the Agency from reasonably reallocating
funds within the budget among line items to meet changing conditions. Such reallocation
shall not necessitate a new approval by the City Council. Failure to submit an annual budget
may be considered a breach of contract, and if not remedied is considered grounds for
termination of this Agreement as stated in paragraph 6.2 of this agreement.
(b) Agency acknowledges that the approval of such budget by the College Station City
Council creates a fiduciary duty in Agency with respect to the Hotel Tax Revenue paid by
City to Agency under this Agreement. Agency shall expend Hotel Tax Revenue only in the
manner and for the purposes specified in this Agreement, Texas Tax Code §351.101(a), and
in the budget as approved by City.
4.2 Separate Accounts. Agency shall maintain Hotel Tax Revenue paid to Agency by City in a
separate account, or with segregated fund accounting, such that any reasonable person can ascertain
the revenue source of any given expenditure.
4.3 Financial Records. Agency shall maintain a complete and accurate financial record of each
expenditure of the Hotel Tax Revenue made by Agency. These funds shall be classified as restricted
funds for audited financial purposes.
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5
4.4 Agency shall maintain such records, accounts, reports, files or other documents for a
minimum of five (5) years after the expiration of this agreement. City’s right to access Agency’s
files shall continue during this five (5) year period and for as long as the records are retained by
Agency.
4.5 Upon written request of the College Station City Council, or other person, Agency shall
make such financial records available for inspection and review by the party making the request.
Agency understands and accepts that financial records and any other records relating to this
Agreement shall be subject to the Public Information Act, Texas Government Code, §552, as
hereafter amended.
4.6 Program Report. Agency understands that such report shall be completed in its entirety
and the original report shall be submitted to the City prior to any funds being disbursed.
4.7 Quarterly Reports. Agency shall submit the following to the City on a quarterly basis as
provided in this Agreement:
(1) Financial Activity Report.
(2) Narrative Summary of Activity Report.
(3) Performance Measure Report.
4.8 Agency shall respond promptly to any request from the City Manager of City, or designee,
for additional information relating to the activities performed under this Agreement.
4.9 The Financial Activity Report, Narrative Summary of Activity Report and Performance
Measure Report shall be submitted to the City within thirty (30) days of the end of each Contract
Quarter (no later than January 30th, April 30th, July 30th, and October 30th of each contract
year.)
4.10 A copy of the Agency’s annual financial audit shall be made available to City no later
than thirty (30) days following Agency’s receipt of same.
4.11 If requested, Agency shall make an annual report and presentation to the City Council.
4.12 The City shall conduct a monitoring review of the Agency as deemed necessary by the
City so as to evaluate Agency's compliance with the provisions of this Agreement. Said
monitoring may consist of on-site monitoring reviews.
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Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
6
ARTICLE V
AGENCY BOARD OF DIRECTORS
5.1 Agency shall provide the City with an agenda of all regular and non-regular Board
meetings five (5) days prior to the meeting with information as to the date, time and place of
meeting. If a non-regular meeting is scheduled, Agency shall immediately notify the City of
non-regular meeting. Said notification should be in writing via facsimile or e-mail; or orally by
telephone, depending on Agency’s own notification of the Board meeting.
5.2 Agency shall submit minutes of each Board of Directors meeting and Executive
Committee meeting to the City within ten (10) days after approval of the minutes.
ARTICLE VI
TERM AND TERMINATION
6.1 Term. The term of this Agreement shall commence on October 1, 2008 and terminate at
midnight on October 31, 2009. However, the program period shall commence on October 1, 2008
and terminate at midnight on September 30, 2009. Only those expenditures authorized by Chapter
351 of the Texas Tax Code which are actually incurred during the program period, for events and
activities taking place within the program period, are eligible for funding under this Agreement, and
any ineligible expenditures or unspent funds shall be forfeited to City upon termination of the
Agreement.
6.2 Termination Without Cause.
(a) This Agreement may be terminated by either party, with or without cause, by giving
the other party sixty (60) days advance written notice.
(b) In the event this Agreement is terminated by either party pursuant to §6.2(a), City
agrees to reimburse Agency for any contractual obligations undertaken by Agency in
satisfactory performance of those activities specified in hereinabove and that were
approved by the Council through the budget, as noted in §4.1. This reimbursement is
conditioned upon such contractual obligations having been incurred and entered into in
the good faith performance of those services contemplated in §§3.1 and 3.2 above, and
further conditioned upon such contractual obligations having a term not exceeding the
full term of this Agreement.
(c) Further, upon termination pursuant to §6.2(a) of this agreement, Agency will
provide the City:
(1) Within ten (10) business days from the termination notification, a short-
term budget of probable expenditures for the remaining sixty (60) day period
between termination notification and contract termination. This budget will be
presented to Council for approval within ten (10) business days after receipt by
City. If formal approval is not given within ten (10) business days and the budget
does not contain any expenditures that would be prohibited by the Texas Tax
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Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
7
Code, and is within the current contractual period approved budget; the budget
will be considered approved;
(2) Within thirty (30) days, a full accounting of all expenditures not
previously audited by City;
(3) Within five (5) business days of a request from City, a listing of
expenditures that have occurred since the last required reporting period;
(4) A final accounting of all expenditures and tax funds on the day of
termination. Agency will be obligated to return any unused funds or funds
determined to be used improperly. Any use of remaining funds by Agency after
notification of termination is conditioned upon such contractual obligations
having been incurred and entered into in the good faith performance of those
services contemplated in 3.1 and 3.2 above, and further conditioned upon such
contractual obligations having a term not exceeding the full term of this
Agreement.
6.3 Automatic Termination. This Agreement shall automatically terminate upon the
occurrence of any of the following events:
(a) The termination of the legal existence of Agency;
(b) The insolvency of Agency, the filing of a petition in bankruptcy, either voluntarily
or involuntarily, or an assignment by Agency for the benefit of creditors;
(c) The continuation of a breach of any of the terms or conditions of this Agreement
by either City or Agency for more than thirty (30) days after written notice of such breach
is given to the breaching party by the other party; or
(d) The failure of Agency to submit quarterly reports which comply with the
reporting procedures required herein and generally accepted accounting principles within
thirty (30) days from the date City notifies Agency of such breach.
(e) The failure of Agency to submit a Quarterly Financial Activity Report as required
by Texas Tax Code §351.101(c) within thirty (30) days from the date City notifies
Agency of such breach.
6.4 Right to Immediate Termination Upon Litigation. Notwithstanding any other provision
of this Agreement, to mitigate damages and to preserve evidence and issues for judicial
determination, either party shall have the right to terminate this Agreement upon immediate notice
to the other party in the event that any person has instituted litigation concerning the activities of the
non-terminating party, and the terminating party reasonably believes that such activities are required
or prohibited under this Agreement.
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Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
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6.5 In the event that this Agreement is terminated pursuant to §§6.3 or 6.4 of this agreement,
Agency agrees to refund any and all unused funds, or funds determined by City to have been
used improperly, within thirty (30) days after termination of this Agreement.
ARTICLE VII
HOLD HARMLESS
7.1 Hold Harmless. The parties agree to hold each other harmless from and
against any and all claims, losses, damages, causes of action, suits and liabilities of every kind,
including all expenses of litigation, court costs and attorney’s fees, for injury or death of any
person, for damage to any property, or for any breach of contract, arising out of or in
connection with the work done under this Agreement, as permitted by law.
ARTICLE VIII
GENERAL PROVISIONS
8.1 Subcontract for Performance of Services. Nothing in this Agreement shall prohibit, nor
be construed to prohibit, the agreement by Agency with another private entity, person, or
organization for the performance of those services described in §3.1 above. In the event that
Agency enters into any arrangement, contractual or otherwise, with such other entity, person or
organization, Agency shall cause such other entity, person, or organization to adhere to, conform to,
and be subject to all provisions, terms, and conditions of this Agreement and to Tex. Tax Code §
351, including reporting requirements, separate funds maintenance, and limitations and prohibitions
pertaining to expenditure of the agreed payments and Hotel Tax Revenue.
8.2 This Agreement and each provision hereof, and each and every right, duty, obligation, and
liability set forth herein shall be binding upon and inure to the benefit and obligation of City and
Agency and their respective successors and assigns.
8.3 The City and Agency attest that, to the best of their knowledge, no member of the City of
College Station City Council and no other officer, employee or agent of the City, who exercises
any function or responsibility in connection with the carrying out of the terms of this Agreement,
has any personal interest, direct or indirect, in this Agreement.
8.4 Agency covenants and agrees that, during the term of this Agreement, it will not
discriminate against any employee or applicant for employment because of race, color, religion,
sex, national origin or disability. Agency will take affirmative action to ensure that applicants
who are employed are treated, during employment, without regard to their race, color, religion,
sex, national origin or disability. Such action shall include, but not be limited to the following:
employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation and selection. Agency agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting forth
the provisions of this nondiscrimination requirement.
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8.5 Agency expressly agrees that, in all solicitations or advertisements for employees placed
by or on behalf of Agency, there will be a statement that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, national origin or
disability.
8.6 Agency certifies that it will not limit services or give preference to any person assisted
through this Agreement on the basis of religion and that it will provide no religious instruction or
counseling, conduct no religious worship or services, and engage in no religious proselytizing in
the provision of services or the use of facilities or furnishings assisted in any way under this
Agreement.
8.7 No amendment to this Agreement shall be effective and binding unless and until it is
reduced to writing and signed by duly authorized representatives of both parties.
8.8 This Agreement has been made under and shall be governed by the laws of the State of
Texas.
8.9 Performance and all matters related thereto shall be in Brazos County, Texas, United
States of America.
8.10 Each party has the full power and authority to enter into and perform this Agreement, and
the person signing this Agreement on behalf of each party has been properly authorized and
empowered to enter into this Agreement. The persons executing this Agreement hereby
represent that they have authorization to sign on behalf of their respective organizations.
8.11 Failure of any party, at any time, to enforce a provision of this Agreement, shall in no
way constitute a waiver of that provision, nor in any way affect the validity of this Agreement,
any part hereof, or the right of either party thereafter to enforce each and every provision hereof.
No term of this Agreement shall be deemed waived or breach excused unless the waiver shall be
in writing and signed by the party claimed to have waived. Furthermore, any consent to or
waiver of a breach will not constitute consent to or waiver of or excuse of any other different or
subsequent breach.
8.12 The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this Agreement.
8.13 This Agreement and the rights and obligations contained herein may not be assigned by
any party without the prior written approval of the other parties to this Agreement.
8.14 It is understood and agreed that this Agreement may be executed in a number of identical
counterparts, each of which shall be deemed an original for all purposes.
8.15 If any provision of this Agreement shall be held to be invalid, illegal, or unenforceable by
a court or other tribunal of competent jurisdiction, the validity, legality, and enforceability of the
remaining provisions shall not in any way be affected or impaired thereby. The parties shall use
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Contract No.09-007 George Bush Presidential Library Foundation Funding Agreement
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their best efforts to replace the respective provision or provisions of this Agreement with legal
terms and conditions approximating the original intent of the parties.
8.16 It is understood that this Agreement contains the entire agreement between the parties
and supersedes any and all prior agreements, arrangements, or understandings between the
parties relating to the subject matter. No oral understandings, statements, promises, or
inducements contrary to the terms of this Agreement exist. This Agreement cannot be changed
or terminated orally. No verbal agreement or conversation with any officer, agent, or employee
of any party before or after the execution of this Agreement shall affect or modify any of the
terms or obligations hereunder.
8.17 Unless otherwise specified, written notice shall be deemed to have been duly served if
delivered in person or sent by certified mail to the last business address as listed herein. Each
party has the right to change its business address by giving at least thirty (30) days advance
written notice of the change to the other party.
58
59
60
Outside Agency:__________________________
STATEMENTS OF FINANCIAL POSITION
Period _____________________________
Current Period Current Period Year to Date Year to Date
ASSETS Hotel Tax Non-Hotel Tax Hotel Tax Non-Hotel Tax
Cash and cash equivalents
Short-term investments
Prepaid expenses
Unconditional promises to give
Cash restricted to purchase of equipment
Long-term investments
Contribution receivable—charitable lead trust
Deposits on leased and other property
Property and equipment
TOTAL ASSETS
LIABILITIES
Accounts payable
Compensation
Refundable advances
Long-term debt
TOTAL LIABILITIES
NET ASSETS
Unrestricted
Temporarily restricted
Permanently restricted
TOTAL NET ASSETS
TOTAL LIABILITIES AND NET ASSETS
Exhibit A
Statements of Financial Position
A1
61
Outside Agency:_______________________
STATEMENT OF ACTIVITIES
Period:__________________________
Permanently
Restricted
REVENUES, GAINS, AND OTHER SUPPORT
Contributions
— — — —
— — — —
Capital campaign — — — —
Equipment acquisition — — — —
Endowment — — - —
Other — — — —
Federal financial assistance — — — —
Program service fees — — — —
Investment return — — — —
Change in value of split-interest agreement — — — —
Other — — — —
Net assets released from restrictions — — — —
Expiration of time restrictions — — — —
Restrictions satisfied by charitable lead trust
receipts
— — — —
Restrictions satisfied by payments — — —
TOTAL REVENUES, GAINS, AND OTHER SUPPORT
EXPENSES
Program services
— — — —
— — — —
Supporting services
Management and general — — — —
Fund-raising — — — —
TOTAL EXPENSES — — — —
CHANGE IN NET ASSETS — — — —
NET ASSETS AT BEGINNING OF YEAR — — — —
NET ASSETS AT END OF YEAR — — — —
Total
— — — —
Exhibit A
Statement of Financial Activities - Hotel Tax
Unrestricted Temporarily
Restricted
A2
62
Exhibit B
Narrative Summary of Activity Report
Please provide a narrative summary of the activities funded with the Hotel Tax Revenue.
Use additional sheets if more space is needed.
B1
63
Exhibit C
Performance Measure Report
The George Bush Presidential Library Foundation
Description & Budget Explanation:
The George Bush Presidential Library Foundation will inform and enrich learners of all ages about American history
the general role of the President, and the administration of George H.W. Bush.
Yearly Budget Summary FY06 FY07 FY08 FY09
Actual Actual Actual Estimate
$50,000 $50,000 $100,000 $100,000
Quarterly Budget Summary Quarter 1 Quarter 2 Quarter 3 Quarter 4
Proposed Proposed Proposed Proposed
$0 $0 $0 $0
Program Name: The George Bush Presidential Library Foundation
Service Level:The George Bush Presidential Library Foundation will promote and enhance tourism via
educational programs, exhibits, and promotional activities
Performance Measures: Quarter 1 Quarter 2 Quarter 3 Quarter 4
Actual Proposed Proposed Proposed
Number of visitors
Number of new exhibits
Number of existing exhibits
Number of advertising or promotional
activities conducted
Number of educational programs
conducted
C1
64
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65
December 11, 2008
Consent Agenda Item No. 2f
Homeland Security Grant Program
To: Glenn Brown, City Manager
From: Robert Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the approval of a
resolution accepting from the Governors Division of Emergency Management (GDEM) the 2008
Homeland Security Grant Program –Sub-recipient of $166,666.67 naming a City staff member
as manager of those grant funds, and approving the 2008 City of College Station Equipment List
for purchase.
Recommendation(s): Staff recommends acceptance of the grant from the Governors Division of
Emergency Management (GDEM), and recommends that the Emergency Management
Coordinator be designated as the “Grant Manager” for the administration of this grant. It is also
recommended that the attached 2008 City of College Station Equipment list be approved for
purchase.
Summary: The City of College Station has been awarded the FY08 Homeland Security program
Grant of $166,666.67 through GDEM. The funding will be used by city departments to purchase
equipment that will enhance our planning, training and response capabilities to terrorist
threats or catastrophic events. Attached is the equipment list for the FY-08 Homeland security
Grant Program which funds are to be expended. The period of performance of this agreement
shall end on January 15, 2011.
Budget & Financial Summary: This is an equipment grant and the City of College Station has no
matching funds committed. Dependent upon equipment requested, future budgets might
include requests for O&M for equipment obtained.
Attachments:
Resolution
2008 Homeland Security Grant Program Notice of Sub-recipient Award – 6-SR 15976-01
2008 City of College Station Equipment List
66
RESOLUTION NO. _______________
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS, ACCEPTING THE 2008 HOMELAND SECURITY GRANT PROGRAM SUB-
RECIPIENT AWARD FOR THE PURCHASE OF RESPONSE EQUIPMENT AND
AUTHORIZING A CONTACT PERSON FOR THE CITY.
WHEREAS, the Office for Domestic Preparedness, a component of the U.S. Department of
Homeland Security, has awarded the Governor’s Division of Emergency Management (GDEM)
the 2008 Homeland Security Grant Program; and
WHEREAS, the Governor’s Division of Emergency Management (GDEM) has served the City
of College Station with a Notice of Sub-recipient Award for the 2008 Homeland Security Grant
Program in the amount of $166,666.67 to be used in this performance period ending on January
15, 2011; and
WHEREAS, the intent of this sub-grant is to aid in the City’s ability to enhance its capacity to
prevent, respond to and recover from acts of terrorism and natural disasters; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That the City Council hereby accepts the Sub-recipient Award for
the 2008 Homeland Security Grant Program in the amount of
$166,666.67 from the Governor’s Division of Emergency
Management (GDEM).
PART 2: That the City Council hereby approves the 2008 City of College
Station Equipment List for purchase to aid in the City’s ability to
enhance its capacity to prevent, respond to and recover from acts
of terrorism and natural disasters.
PART 3: That the City Council hereby authorizes the Emergency
Management Coordinator to serve as the Grant Manager for the
City of College Station to sign agreements with the Governor’s
Division of Emergency Management and hereby designates said
position to receive this award on behalf of the City of College
Station.
PART 4: That this resolution shall take effect immediately from and after its
passage.
67
ORDINANCE NO. __________ Page 2
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
68
KECEIVED
NOV 2 4 2008
The Honorable Ben White
Mayor, City of College Station
P.O. Box 9960
College Station, TX 77842-0960
69
DIVISION OF EMERGENCY MANAGEMENT
Office of the Governor
RICK PERRY STEVEN McCRAW
Governor Director
Mailing Address: Contact Numbers: Phvsical Address: Office of Homeland Security
PO Box 4087 5 12-424-2138 Duty Hours 5805 N. Lamar Blvd.
Austin, Texas 78773-0220 5 12-424-2277 Non-Duty Hours Austin, Texas 78752 JACK COLLEY
5 12-424-2444 Fax Chief
November 2 1,2008
The Honorable Ben White
Mayor, City of College Station
P.O. Box 9960
College Station, TX 77842-0960
Dear Mayor White:
Your jurisdiction is being awarded a sub-grant for the Fiscal Year (FY) 2008 Homeland Security Grant
Program (HSGP) to carry out homeland security projects that will significantly improve local and regional
terrorism prevention, preparedness, and response capabilities. Proposed local, regional, and urban area projects
were grouped into investments that were submitted to U. S. Department of Homeland Security (DHS) for
review and approval. Grant funds must be used for projects which support the investments approved by DHS,
which are identified in Enclosure 1.
The following additional grant-related documents are enclosed:
Notice of Sub-recipient Award (SRA) -Enclosure 2
The Notice of Sub-recipient Award for the 2008 HSGP must be signed by the chief elected official of your
jurisdiction unless that authority has been delegated. Other signatures will require an accompanying
statement from the chief elected official authorizing the individual to sign for the jurisdiction.
Direct Deposit Authorization - Enclosure 3
A. GDEM must have a current Direct Deposit Authorization from your jurisdiction in order to transfer
grant funds electronically to a designated bank account to reimburse you for grant-funded expenses.
Additional copies ar;e available from the Texas State Comptroller's website at:
htt~:llu~w.window.state. tx.~s/taxinfo/taxforms/74- 1 5 8 .pdf. An appropriate local official, typically
your finance officer, must sign the Direct Deposit Authorization.
B. If you submitted a completed Direct Deposit Authorization form with prior Homeland Security Grant
Program awards, you do not need to submit another unless your bank account information has changed.
The deadline for returning the signed Notice of Sub-Recipient Award and Direct Deposit Authorization (if
applicable) is Januarv 8,2009. The offer of a homeland security sub-grant will be withdrawn if the required
materials are not postmarked by the due date. Extensions to this date will not be granted. Please submit above
documents to one of the following addresses:
70
The deadline for returning the signed Notice of Sub-Recipient Award and Direct Deposit Authorization ($
applicable) is January 8, 2009. The offer of a homeland security sub-grant will be withdrawn if the required
materials are not postmarked by the due date. Extensions to this date will not be granted. Please submit above
documents to one of the following addresses:
Mail: Courier:
Division of Emergency Management
Attention: SM Section
P.O. Box 4087
Austin, TX 78773-0270
Division of Emergency Management
Attention: SM Section
5805 N. Lamar
Austin, TX 78752
Please retain a copy of each form for your records.
If you have any program questions regarding HSGP, please contact Edwin Staples at the SM at
5 12-377-0002 or 5 12-377-0000.
Sincerely,
Jack Colley
Chief
Enclosures:
1. DHS Approved Investments
2. 2008 Notice of Sub-recipient Award
3. Direct Deposit Authorization
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Jurisidcition Project Worksheet
FY-2008; Homeland Security Grant
Jurisdiction Name & Contact:
Item Description Information Summary SHSP $$LEAA $$SHSP + LEAAArea
Repeater for Comm Trailer $13,000.00 $13,000.00 A
Laptops $13,620.00 $13,620.00 K
Sokkia SRX 3 Total Station and accessories. This new generation total station can reduce
processing time by 65%$27,000.00 $27,000.00 F
Coleman 13500 BTU exterior 110V A/C unit $650. To be mounted on the Bomb Van.
Installation $500.$1,350.00 $1,350.00 L
Honda 5000w Generator. Used to power above A/C unit when 110v is not available.$2,800.00 $2,800.00 L
Explosive Storage "Day Box"$750.00 $750.00 L
Explosive Storage "IME Box"$750.00 $750.00 L
Aimpoint Comp M3 2 MOA w/LaRue Tactical cantilever mount $3,000.00 $3,000.00 L
Aimpoint 3X Magnifier w/LaRue Tactical QD Pivot Mount $2,500.00 $2,500.00 L
Troy folding rear battle sight $600.00 $600.00 L
LaRue Tactical 7.0 Free Float hand guard $1,000.00 $1,000.00 L
Harris Bi Pod 6-9" notched legs w/LaRue Tactical LT130 QD mount $700.00 $700.00 L
Leopold 10 x 50 tactical binoculars $800.00 $800.00 L
AN/PVS-22 Universal Night Sight $17,000.00 $17,000.00 L
Picatinny rail system for mounting AN/PVS-22 $750.00 $750.00 L
Protech Defender balistic shield $3,360.00 $3,360.00 L
Protech - H.I.L Intensity entry light $900.00 $900.00 L
Surefire M600C scout light $4,423.67 $4,423.67 L
Surefire X300 weapon light $2,340.00 $2,340.00 L
TravelIR II HazMat Chemical Identifier $47,000.00 $47,000.00 L
Training (SWAT Medic Level 1 & 2) $6,000.00 $6,000.00 L
HAZMAT Trailer Awning $3,000.00 $3,000.00 L
NRS Extreme Relief Dry Suits Item # 22511 $9,000.00 $9,000.00 L
NRS Carlson River Boards Item # 1870 $1,800.00 $1,800.00 L
NRS Workboot / Wetshoe Item #2338 $650.00 $650.00 L
Video Equipment $1,683.00 $1,683.00 L
Parker Cases $720.00 $720.00 L
Pelican Super Saber Lights Item # 2783 $170.00 $170.00 L
Sub-totals for SHSP & LETPP Respectively: =$96,643.00 $70,023.67 $166,666.67
Total Allocated Funds (Enter your allocation figure here) =$166,666.67
Total Expended Funds =$166,666.67
Remaining Balance Available for Expenditure=$0.00
(The "area" column refers to the Approved Projects from the Project List)
For example: If you put a number "1" in the area column, that referst to #1 on the list
which is "Improve Communications Interoperability. Click on the "Sheet 2" tab
Below to open the Homeland Security Grant Approved List
12/5/2008
92
Jurisidcition Project Worksheet
FY-2008; Homeland Security Grant
Project Description Synopsis
Communication Trailer
Communication Trailer
Police Department Investigation
Bomb Squad Equipment
Bomb Squad Equipment
Bomb Squad Equipment
Bomb Squad Equipment
SWAT Team Equipment
SWAT Team Equipment
SWAT Team Equipment
SWAT Team Equipment
SWAT Team Equipment
SWAT Team Equipment
SWAT Team Equipment
SWAT Team Equipment
SWAT Team Equipment
SWAT Team Equipment
SWAT Team Equipment
SWAT Team Equipment
HAZMAT Team Equipment
SWAT Medic Team Training
Video Communication Equipment
Swift Water Recue & Dive Team Equipment
Swift Water Recue & Dive Team Equipment
Swift Water Recue & Dive Team Equipment
Swift Water Recue & Dive Team Equipment
Swift Water Recue & Dive Team Equipment
Swift Water Recue & Dive Team Equipment
12/5/2008
93
AREA
1
2
3
4
5
6
7
8
9
10
11
12
Reduce Vulnerability Threats to Agriculture/Animals & Enhance Emergency Response
Public Safety & Security Response
Intelligence & Information Sharing and Dissemination
Description
On-Site Incident Management Capabilities
CBRNE Detection, WMD, HAZMAT Response & Decontamination
Enhancing State, Regional, & Local Emergency Operations Centers
Strengthen Medical Surge & Mass Prophylaxis
Improve Communications Interoperability
Enhancing State, Regional,& Local Emergency Planning
Community Preparedness & Emergenyc Public Information & Warning
Enhance Border Security Program
Protecting Critical Infrastructure
94
December 11, 2008
Consent Agenda Item No. 2g
Purchase of one (1) Pierce Velocity Custom Fire Engine
To: Glenn Brown, City Manager
From: R.B. Alley, Fire Chief
Agenda Caption: Presentation, possible action and discussion regarding the purchase of
One (1) Pierce Velocity Custom Pumper from Martin Apparatus, INC through The Local
Government Purchasing Cooperative (BuyBoard) for a total price of $519,071.00.
Recommendation(s): Staff recommends award the purchase of one (1) Pierce Velocity
Custom Pumper from Martin Apparatus, INC through The Local Government Purchasing
Cooperative (BuyBoard) for a total price of $519,071.00.
Summary: The Fire Department formed a Committee in the summer of 2008 with
representation from all shifts. The committee solicited proposals from the following four
manufacturers: Crimson Fire Apparatus, E-One Fire Apparatus, Ferrara Fire Apparatus and
Pierce Fire Apparatus. The vendors presented their proposals to the committee in October of
2008. The committee reviewed and compared the proposals in Early November and
recommended the purchase of the one (1) Fire Engine to be delivered from the Texas
Dealer for Pierce Apparatus, Martin Apparatus, INC. Purchasing this equipment through The
Local Government Purchasing Cooperative (BuyBoard) satisfies our competitive bidding
requirements. The Fire Engine is a replacement vehicle that was approved in the 2006-
2007 fleet replacement budget, the original Pumper was ordered from American LaFrance
Fire Apparatus in 2007, but the order was canceled as a result of American LaFrance filing
bankruptcy.
An additional Fire Pumper and Fire Tanker will be purchased at the same time. These were
approved by City Council in the FY 2009 Fleet replacement budget. The purchase of the
three pieces of Fire Apparatus will allow us to purchase them at a reduced cost which will
result in approximately $50,000 savings.
Budget & Financial Summary: Funds are available in the Equipment Replacement Fund
and will be included in Budget Amendment No. 1.
Attachments:
Proposal letter
Specifications for pumper are on file in City Secretary’s office
95
96
97
December 11, 2008
Consent Agenda Item No. 2h
BVSWMA CSC Rock Prairie Road Landfill Testing and Inspecting Contract
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion approving testing and
inspecting contract #09-028 with CSC Engineering & Environmental Consultants, Inc. in the
amount of $58,000.00 for the Rock Prairie Road Landfill.
Recommendation(s): Staff recommends approval of the testing and inspecting contract
with CSC Engineering & Environmental Consultants, Inc. based on their knowledge and
previous experience at the Rock Prairie Road Landfill site.
Summary: This contract with CSC Engineering & Environmental Consultants, Inc. will
allow the Rock Prairie Road Landfill to maintain regulatory compliance with TCEQ disposal
regulations. Groundwater monitoring are tasks to be completed with the contract. Semi-
Annual Groundwater Monitoring and testing of all monitoring wells at the facility must be
completed twice per year and a written report with the findings of these tests must be
submitted to TCEQ for their review and approval. Failure to comply with the requirements of
these regulations would place the facility in non-compliance that could warrant
administrative action by TCEQ.
Budget & Financial Summary: Contract amount is $58,000.00. Funding for this
contract is available in the BVSWMA Operating Fund. As BVSWMA is funded through an
inter-local agreement, both the Cities of Bryan and College Station are sharing the cost of
this project. As this contract is in excess of $50,000, it will require the approval of
the Bryan City Council.
Attachments:
1. Contract # 09-028
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102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
December 11, 2008
Consent Agenda Item No. 2i
BVSWMA HDR Twin Oaks Landfill Design, Permitting and Construction
Management Contract
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Presentation, possible action, and discussion approving professional
services contract #09-031, with HDR Engineering, Inc in an amount not to exceed
$1,294,800.00 for Twin Oaks Landfill additional design/permitting, bidding and construction
phase services.
Recommendation(s): Staff recommends approval of the professional services contract
with HDR, Inc.
Summary: This contract with HDR, Inc. will assist the Brazos Valley Solid Waste
Management Agency (BVSWMA) in efforts to open the Twin Oaks Landfill. HDR, Inc. will
assist BVSWMA with this project by providing original design and permitting services, bid
and construction administration and management services, and additional design and
permitting services that are a result of new Solid Waste regulations and ongoing discussions
with BVSWMA on operational considerations. New regulations which were promulgated in
March 2006, after the existing Scope-of-Service had been prepared, require additional items
to be addressed in the landfill permit including a Drainage and Erosion Plan for all Phases of
Landfill Construction.
Budget & Financial Summary: Funding for this contract to HDR, Inc. is available in the
BVSWMA Capital Improvements Fund. As BVSWMA is funded through an inter-local
agreement, both the Cities of Bryan and College Station are sharing the cost of this project.
As this contract is in excess of $50,000, it will require the approval of the Bryan
City Council.
Attachments:
1. Contract #09-031
125
December 11, 2008
Consent Agenda Item No. 2j
Annual Price Agreement for Auto and Truck Tires
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on approving annual tire
purchases from Pilger’s Tire & Auto Center through the State of Texas (TXMAS) Tire
Contract in the amount of $135,000.00.
Recommendation(s): Staff recommends approval to purchase auto and truck tires
from Pilger’s Tire & Auto Center through the Texas Multiple Awards Schedule (TXMAS)
Contract (#TXMAS-7-26120-40). The estimated annual expenditure of $135,000.00 is
based on the average amount spent on auto and truck tires since February 2008 and the
anticipated needs for new vehicles being added to inventory this fiscal year.
Summary: Pilger’s Tire & Auto Center is the local (College Station, TX) TXMAS contract
dealer for auto and truck tires. TXMAS contracts are developed from contracts that have
been competitively bid and awarded by the federal government or any other governmental
entity of any state. The contracts offer access to multiple vendors providing commodities
and services at the most favored customer prices. Texas Government Code §2155.504,
Use of Schedule by Government Entities, states that a State agency or local government
may purchase goods or services directly from a vendor under a contract listed on a schedule
developed under this subchapter. A purchase authorized by this section satisfies any
requirement of State law relating to competitive bids or proposals. This agreement is for a
one-year term beginning February 1, 2009 and terminating January 31, 2010.
Budget & Financial Summary: Funds are available and budgeted in the Fleet
Maintenance fund which is funded by all other departments.
Attachments:
Summary of TXMAS Contract #7-261020-40
126
PILGER'S TIRE & AUTO CENTER
Contract TXMAS-7-261020-40
Dealer for:
BRIDGESTONE FIRESTONE N.A. TIRE, LLC
On-Line Catalog/Order Processing
TIRES, PNEUMATIC (NEW), FOR PASSENGER, LIGHT TRUCK, MEDIUM
TRUCK, AND BUS, AND RETREAD SERVICES
Corporate Office:
BRIDGESTONE FIRESTONE N.A.
TIRE, LLC
535 MARRIOTT DRIVE
NASHVILLE TN 37214
USA
Send PO to:
PILGER'S TIRE & AUTO CENTER
400 E. UNIVERSITY DRIVE
COLLEGE STATION TX 77840
USA
Vendor ID: 17418726752
Invoice From:
PILGER'S TIRE & AUTO CENTER
400 E. UNIVERSITY DRIVE
COLLEGE STATION TX 77840
USA
Vendor ID:
Delivery: 30 DAYS ARO
FOB Point: DESTINATION
Terms: NET 30 DAYS
Remit To: PILGER'S TIRE & AUTO
CENTER
400 E. UNIVERSITY DRIVE
COLLEGE
STATION TX 77840
USA
Vendor ID:
Vendor ID: 17418726752
Business
Type:Small
DUNS #:
Effective:
Expires:
1/19/2007
12/20/2011
CONTACT: WILLIE HESS
Phone 979-696-1729
WILLIE@PILGERSTIRE.COM
Page 1 of 1PILGER'S TIRE & AUTO CENTER - TXMAS Contract TXMAS-7-261020-40
11/21/2008http://portal.cpa.state.tx.us/txmas/txmasb.asp?CONTRACT=12420&DEALER=40
127
Effective Date: This Texas Multiple Award Schedule (TXMAS) contract is effective beginning
1/19/2007 through 12/20/2011 and is automatically renewed on the date that the General Services
Administration (GSA) exercises the renewal option. All State of Texas terms and conditions will
continue and apply to all renewal periods by mutual agreement. The contractor has certified that the
prices reflected in the contractor's catalog are the same as the prices contained in the most current
modification to GSA Contract No. GS-30F-0009T.
Placement of Orders: Purchasing entities must use both the instructions on the contractor's web page
and the terms and conditions in the federal supply schedule to place orders. Purchasing entities may use
a either a departmental purchase order or the contractor's on-line ordering system to place orders.
Purchasing entities may opt out of using the contractor's on-line ordering system if it is incompatible
with the entity's purchasing procedures. The contractor is not required to accept orders below the
minimum listed below. Orders between the minimum and maximum listed below are subject to GSA
preferred customer pricing. For orders above the maximum, purchasing entities are entitled to negotiate
for lower prices than those listed on the on-line federal supply schedule price list.
Order Limitation:
Minimum Order: 1 TIRE
Maximum Order: N/A
Approved Products/Services: Only products or services listed in the CPA approved GSA contract
may be purchased from this TXMAS contract, with one exception. Incidental, off-schedule items may
be purchased as "best value, open market" items provided that they are necessary for product
integration or product completeness. The purchasing entity is responsible for ensuring that the quoted
price for such incidental items is fair and reasonable. These incidental items may be added to the
TXMAS purchase order if they are clearly labeled as "open market (OM), best value" items.
State Contracts: All Texas Council for Purchasing from People with Disabilities contracts and Texas
Correctional Industries (TCI) term contracts take precedence over this TXMAS contract. If similar
products or services are listed on this TXMAS contract and a CPA term contract, a determination
should be made that will result in a best value purchase.
Payment Due Date: Payment will be due on the thirtieth (30) calendar day after the later of: (a) the
date the State actually receives a proper invoice at the office designated in the applicable purchase
order to receive it; or (b) the date the State accepts the products or services. The post mark date on the
envelope for the State warrant (State's equivalent to a check) or banking information showing when a
direct deposit transaction was received will be considered the date payment is made. Interest starts
accruing on the first day that payment is late. The rate of interest for late payments is set at one percent
per month.
Special Note: The State of Texas, including but not limited to its Agencies, cooperative purchasing
members and any local governmental entity authorized by law to use the Texas Multiple Award
Schedule method for purchasing is not obligated to procure any products or services from this TXMAS
contract. This schedule contract shall not be construed to prevent the State from purchasing products or
services using other procurement methods as authorized by law.
Page 1 of 1PILGER'S TIRE & AUTO CENTER - TXMAS Contract TXMAS-7-261020-40
11/21/2008http://portal.cpa.state.tx.us/txmas/txmasb.asp?CONTRACT=12420&DEALER=40
128
December 11, 2008
Consent Agenda Item No. 2k
Budget Approval and Funding Agreement with the Memorial for all Veterans of the
Brazos Valley
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, discussion and possible action on approving the budget of
the Memorial for all Veterans of the Brazos Valley; and presentation, discussion and possible
action on a funding agreement between the City of College Station and the Memorial for all
Veterans of the Brazos Valley for FY09 in the amount of $100,000.
Recommendation(s): Staff recommends approval of the Memorial for all Veterans of the
Brazos Valley budget and the funding agreement for FY09.
Summary: As part of the 2009 budget process the City Council approved funding for the
Memorial for all Veterans of the Brazos Valley in the amount of $50,000. An additional
$50,000 was budgeted and approved, but not expended, in Fiscal Year 2008. The $50,000
from FY08 remains in the fund balance of the Hotel Tax fund and a budget amendment
appropriating the additional $50,000 will be forthcoming.
Budget & Financial Summary: The funds for this agreement are available in the Fiscal
Year 2009 Hotel Tax Fund Budget. A total of $100,000 is to be used for operational activities
directly associated with the promotion of tourism and historic preservation in the City of
College Station. State law requires that the City Council approve the budget of any
organization that is to be funded through the Hotel Tax.
Attachments:
1. The Memorial for all Veterans of the Brazos Valley budget
2. The Memorial for all Veterans of the Brazos Valley Funding Agreement – Available in
City Secretary’s Office
129
2:53 PM
10/09/06
Accrual Basis
Brazos Valley Veterans Memorial
FY09 Budget
January through December 2009
Jan - Dec 09
Ordinary Income/Expense
Income
Interest Income 3,975.00
Contribution Income
Individuals 19,000.00
In-Kind Services
Eagle - Advertising 24,000.00
CS Operations & Maint (CS Parks)25,000.00
ACBV - Office 25,000.00
Total In-Kind Services 74,000.00
Capital Fund
Grants - Texas Parks & Wildlife*95,000.00
Brazos County 25,000.00
City of College Station 50,000.00
City of Bryan 25,000.00
Total Capital Fund 195,000.00
Total Contribution Income 288,000.00
Contributions - Corporate 15,000.00
Membership Dues 5,000.00
Total Income 311,975.00
Expense
Advertising (Eagle)24,000.00
Operations & Maint. (CS Parks)25,000.00
Insurance 100.00
Printing & Reproduction 2,500.00
Engraving Expense 15,275.00
Flags 2,700.00
Computer Expenses 1,700.00
Graphic Design 3,500.00
Dedication Expense 4,030.00
Meeting expenses 3,000.00
Administrative 6,000.00
Postage and Delivery 950.00
Total Office & Administrative 6,950.00
Professional Fees 2,600.00
Program Expense
Capital Reserve - Pathway*100,000.00
Pathway Development 95,000.00
Total Program Expense 195,000.00
Rent (ACBV)25,000.00
Supplies 500.00
Telephone 120.00
Page 1 of 2
130
2:53 PM
10/09/06
Accrual Basis
Brazos Valley Veterans Memorial
FY09 Budget
January through December 2009
Jan - Dec 09
Total Expense 311,975.00
Net Ordinary Income 0.00
Net Income 0.00
*Due to restrictions and requirements of the Texas Parks & Wildlife Commission grant, a capital reserve account must be
accrued until sufficient funds are received to begin construction. Invoices must be received and paid before the Texas grant
money can be received. Funds received from CS, Bryan and Brazos County during FY2009 will be accrued accordingly.
Page 2 of 2
131
December 11, 2008
Consent Agenda Item No. 2l
Agreement for Gasoline and Diesel Fuel
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Presentation, possible action, and discussion on renewing the annual
agreement for gasoline and diesel fuel with Brenco Marketing Corp, Contract No. 08-069;
for one year; and authorize the annual estimated expenditures with Brenco Marketing Corp.
for $1,751,000.00. This total includes the annual estimated expenditure of $1,364,000.00
for the City of College Station and the annual estimated expenditure of $387,000.00 for
BVSWMA.
Recommendation(s): Recommend approval of renewal of the contract and authorize
annual estimated expenditures totaling $1,751,000.00 to Brenco Marketing Corp. The
contract has firm fixed prices for profit and delivery, allowing us to pay cost (which
fluctuates) plus markup. The terms and conditions of the original agreement remain
unchanged for the renewal term. The annual estimated expenditures are based on an
average number of gallons consumed over the past two years and the budgeted price per
gallon.
Summary: In December of 2004, the City of Bryan solicited bids for gasoline and diesel
fuel on behalf of several local agencies including City of College Station, City of Hearne,
Brazos County, Bryan ISD, College Station ISD and Texas A&M University. This renewal
agreement will allow the City to renew the agreement for a term of one year, December 20,
2008 through December 19, 2009. This is the fourth and final renewal term available;
therefore, gasoline and diesel fuel will need to be formally re-bid next year to establish a
new annual agreement. Fuel is placed in inventory and charged to multiple
departments/divisions as used. Fuel is available at three locations: Public Works Fleet
Operations, BVSWMA and Public Utilities Warehouse.
Budget & Financial Summary: Funds are available and budgeted in each fund.
Expenses are charged to the appropriate fund/department as fuel is used. As the
BVSWMA portion of the gasoline and diesel expenditures is in excess of $50,000,
the BVSWMA portion of the expenditures will require the approval of the Bryan
City Council.
Attachments:
Renewal Letter Acceptance
132
RENEWAL ACCEPTANCE
By signing herewith, I acknowledge and agree to renew contract $08-069, an annual price
contract for diesel fuel and gasoline for the amount of $1,751,000.00 (City of College Station:
$1,364,000.00 and BVSWMA: $387,000.00) in accordance with all terms and conditions
previously agreed to and accepted,
I understand this renewal term will be for the period beginning December 20th, 2008 through
December 19th, 2009.
BRENCO MARKETING CORP.
CITY OF COLLEGE STATION
Mayor
ATTEST:
/
Connie Hooks, City Secretary
APPROVED:
Cjty Manager
& c*+
City Attorne
Chief Finanriel Officer
11- /%-dg
DATE
DATE
DATE
DATE
DATE
DATE
133
STATE OF TEXAS
COUNTYOF I&-fi20~
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged on the 18 day of No cm lo4 r ,2008,
b (. in hisher capacity as by Dana\ A Pres;Aa~+ of
o, : &"n ,>, a TEXAS Corporation, on behalf of said corporation.
Notary Public, State of Texas
June 23, 2010
STATE OF TEXAS
COUNTY OF BRAZOS
lic in and for the
State of Texas
ACKNOWLEDGMENT
This instrument was acknowledged on the day of ,2008,
by , in his capacity as Mayor of the City of College Station, a Texas
home-rule municipality, on behalf of said municipality.
Notary Public in and for the
State of Texas
134
December 11, 2008
Regular Agenda Item No. 1
Randall’s University Park 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 3.31 acres located at 510 Chimney Hill Drive from R-1, Single Family
Residential to PDD, Planned Development.
Recommendation(s): The Planning and Zoning Commission voted unanimously (6-0) to
recommend denial of the request. Staff recommended approval.
Summary: Staff used the following Review Criteria to evaluate the request:
1. Consistency with the Comprehensive Plan: The subject property is identified as
Planned Development for townhome uses with a maximum gross density of 6 units per
acre on the Comprehensive Plan. The subject rezoning is consistent with the
Comprehensive Plan designation.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The property is adjacent to R-1,
Single Family Residential, C-1, General Commercial, and R-2, Duplex. The property is
also across the street from R-3, Townhome developed as Chimney Hill. The proposed
zoning allows for a step down from the commercial center developed as the Albertsons
shopping center, and is buffered by an existing 5 acre park from most of the established
single-family detached residences. The proposed district is compatible with the existing
zoning and conforming uses on nearby property and this tract has been identified as a
Planned Development on the plats for this area since 1991. On the east side of the
property, this development is closest to a large lot single-family home that is 2.7 acres,
compared to the average quarter acre lots in the remaining Chimney Hill detached
single-family area.
The stated purpose of the PDD is to develop townhomes. The applicant is requesting 4
modifications from townhome standards as follows:
Proposed UDO Requirement
Minimum lot size 1700 sq.ft. 2000 sq.ft.
Minimum front setback 5 feet 15 feet (rear parking is provided)
Minimum street side setback 5 feet 15 feet
Minimum rear setback 10 feet 20 feet
The average lot size of the townhomes on Chimney Hill is approximately 5,500 sq.ft.,
with setbacks of 20 feet in the front and 10 feet in the rear.
The applicant has provided 3 proposed community benefits to offset the granting of
these modifications: 1 – the development of this property will increase its taxable value
to the City, 2 – the development will act as a buffer between the retail and residential
uses, and 3 – the development will create access to Billie Madely Park that is currently
only accessible from the City of Bryan.
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Additionally, Staff also identified the cluster design of the development as a community
benefit. A cluster development is where over the entire site, the density is less that the
maximum allowed by the Comprehensive Plan, but the lot sizes are reduced and only
perimeter setbacks applied in an effort to preserve open space. This design, which
would preserve the natural vegetated buffer on the east side of the property beyond the
electrical easements and the open space to the west, is considered a community benefit.
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
tract is just over 3 acres, adjacent to commercial and duplex development. Townhome
uses would be suitable on the tract. In addition, development of the tract provides
access to parkland that has been previously inaccessible.
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 not generally suitable for single-family detached development. The size of
the tract, its adjacency to commercial and duplex development, along with the presence
of overhead electric lines make the site unsuitable for detached residential development
that would be in the same character as the existing detached homes in Chimney Hill.
5. Marketability of the property affected by the amendment for uses permitted by
the district applicable to the property at the time of the proposed amendment:
The property is marketable as single-family; however, with the above referenced
constraints, it is unlikely to develop as such.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: As one of two vacant tracts
in an area completely built out, there is adequate water, wastewater, stormwater, and
transportation facilities to support the proposed use.
Currently, Arguello Drive at Chimney Hill has 250 vehicle trips per day and Arguello at
Tarrow Street carries 280 vehicle trips per day. Both Chimney Hill and Arguello are
classified as local streets and can safely carry up to 1,000 trips per day.
CONCEPT PLAN REVIEW CRITERIA
1. The proposal will constitute an environment of sustained stability and will be in
harmony with the character of the surrounding area: Staff considers the
development of townhomes to be in harmony with the character of the surrounding area
which includes a wide mix of uses including big box retail, small scale office, duplexes,
townhomes, patio homes, and single-family detached uses. The density of this project is
5 dwelling units per acre. The existing density of the townhomes and patio homes on the
east side of Chimney Hill is 6.6 dwelling units per acre. Overall, the entire Chimney Hill
area has a density of 3.1 dwelling units per acre.
A number of residents have contacted Staff with questions about the rezoning. Those in
objection to the request feel that the existing R-1 is the most compatible district with
the surrounding area and expressed concerns that these townhomes would be built
without garages, will not be comparable in lot size, and will be rental property with 4 or
more cars per home. Neighbors are concerned about additional traffic and safety, as well
as additional traffic accessing the park.
The applicant is showing common area along the east side of the property that will
provide a small buffer between the uses, and has also stated that they will be preserving
as much of the existing vegetation as possible on the west side of the property. Due to
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the low height of the electrical lines, the applicant has stated that clearing in this area
will be difficult.
2. The proposal is in conformity with the policies, goals, and objectives of the
Comprehensive Plan, and any subsequently adopted Plans, and will be
consistent with the intent and purpose of this Section: The proposed Concept Plan
conforms with the previously adopted amendment to the Comprehensive Plan for
Planned Development on this tract for townhome uses not to exceed 6 dwelling units per
acre. Additionally, the proposal incorporates a stepping down of land uses by intensity,
and promotes the development of land within existing service areas.
3. The proposal is compatible with existing or permitted uses on abutting sites
and will not adversely affect adjacent development: The proposed concept plan
shows 17 townhome lots situated in the middle of the property with common area
buffering from Chimney Hill on both sides. This land use is compatible with the existing
mix of housing types in the area; however, the lot sizes and the excess parking is not in
the character of the surrounding Chimney Hill area.
4. Every dwelling unit need not front on a public street but shall have access to a
public street directly or via a court, walkway, public area, or area owned by a
homeowners association: Each lot fronts on a proposed private street that will be
gated. This street connects to a public street, Arguello Drive which is being extended
through this property to the park. The applicant is also providing additional parking
beyond the two spaces per home required in the Unified Development Ordinance
(required: 34/provided: 68)
5. The development includes provision of adequate public improvements,
including, but not limited to, parks, schools, and other public facilities: As this
project is an infill project in an established area, there is existing water and sewer
capacity to meet the needs of this development without adversely impacting the
neighboring residents. This development will be required to extend public infrastructure
to the property to serve it.
A development of this size is not required to dedicate land, but must meet the parkland
dedication requirement through fee in lieu of land dedication. The developer, at the
platting stage, may choose to use the parkland fees to make improvements in the
existing park.
6. The development will not be detrimental to the public health, safety, welfare,
or materially injurious to properties or improvements in the vicinity: Staff does
not feel that the proposed development will be detrimental to the public health, or
welfare. Further, it would not be materially injurious to surrounding properties.
7. The development will not adversely affect the safety and convenience of
vehicular bicycle, or pedestrian circulation in the vicinity, including traffic
reasonably expected to be generated by the proposed use and other uses
reasonably anticipated in the area considering existing zoning and land uses in
the area: This concept plan has provided the required pedestrian access to the Billie
Madely Park. There is a proposed 6-foot sidewalk that will connect to Cooner Street and
provide pedestrian connection through the west side of the property. Additionally, they
are providing street access on the east side of the property and connecting the existing
sidewalk system to the park to address pedestrian connectivity to a park that has been
inaccessible from City streets since its dedication.
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The proposed development is anticipated to generate approximately 100 vehicle trips
per day. This can increase the traffic on Arguello and Chimney Hill by 50%; however at
a total of 380 vehicle trips per day, this is well within the capacity of the roads.
There are no bicycle routes, paths, or lanes shown on the Comprehensive Plan in this
area.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Draft Planning and Zoning Commission Minutes, November 20, 2008
3. Ordinance
138
BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: November 20, 2008
Advertised Council Hearing Dates: December 11, 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:
Chimney Hill Homeowners Association
Property owner notices mailed: 19
Contacts in support: 0
Contacts in opposition: 22
Inquiry contacts: 7
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North
Single Family
Residential, Medium
Density
R-1, Single Family Park
South Retail Regional C-1, General
Commercial
Commercial -
Albertsons
East ROW- Chimney Hill
West Redevelopment and
City of Bryan R-1 Single-Family
DEVELOPMENT HISTORY
Annexation: 1951 and 1956
Zoning: R-1 since annexation
Final Plat: 1990, replatted in 2004, Randall’s University Park
Site development: Vacant
139
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED 'DEVELOPMENT ORDINANCE,"
SECTION 4.2, "OFFICIAL ZONTNG MAP," OF THE CODE OF ORDINANCES OF THE
CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT
BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1: That Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning
Map," of the Code of Ordinances of the City of College Station, Texas, be amended
as set out in Exhibit "A, attached hereto and made a part of this ordinance for all
purposes.
PART 2: That any person, firm, or corporation violating any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punishable by a fine of not less than Twenty-five Dollars ($25.00) nor more than Two
Thousand Dollars ($2,000.00). Each day such violation shall continue or be
permitted to continue, shall be deemed a separate offense. Said Ordinance, being a
penal ordinance, becomes effective ten (10) days after its date of passage by the City
Council, as provided by Section 35 of the Charter of the City of College Station.
PASSED, ADOPTED and APPROVED this day of ,2008.
APPROVED:
MAYOR
ATTEST:
City Secretary
APPROVED:
140
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 R-1, Single-Family to PDD, Planned Development:
LOT 3R-2, RANDALL'S UNIVERSITY PARK REPLAT, SHOWN GRAPHICALLY IN
EXHIBIT "B" AND IN A CONCEPT PLAN IN EXHIBIT "C"
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Zoning Districts R- 3 Townhouse C - 3 Llght Commercial WPC Wolf Pen Creek Dev. Corridor
R -4 Multi-Family M - I Llght Induslrial NG - 1 Core Northgate
A- 0 Agrlculural Open R- 6 High Demlty MutlCFamlly M - 2 Heavy lnmstrial NG - 2 Transitional Northgde
A- OR Rural Rerldentlal SadMslon R- 7 Manufactured Home Park C- U College and University NG - 3 Residential Northgate
R- 1 Slngle Fanily Resldentlal A- P AdminlslratlvelPmfesslonal R & D Research and Devebpment OV Corridor Overlay
R- 16 Single Fanily Resldentlal C - 1 General Commercld P-MUD Planned Mxed-Use Development RDD Redevelopment Dlstrld
R- 2 Duplex Resldentlal C- 2 Commercial-Industrial PDD Planned Development Dlstrlct KO Krenek Tap Overlay
Case: REZONI
08-253 b&f DEVELOPMENT REVIEW RANDALLS UNIVERSITY PARK LOT 3R-2
142
1
4
3
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, November 20, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Noel Bauman, Paul Greer, Doug
Slack, Thomas Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: Bill Davis
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Jason Schubert,
Lauren Hovde and Matt Robinson, Graduate Civil Engineer Erika Bridges, Assistant City
Engineer Josh Norton, Senior Assistant City Engineer Carol Cotter, Planning Administrator
Molly Hitchcock, Director Bob Cowell, Assistant Directors Lance Simms and Gabriel Elliott,
First Assistant City Attorney Carla Robinson, Action Center Representative Carrie McHugh and
Staff Assistant Brittany Caldwell
6. Public hearing, presentation, possible action, and discussion regarding a rezoning from R-
1, Single Family Residential to PDD, Planned Development District for 3.31 acres at 510
Chimney Hill Drive generally located west of the intersection of Chimney Hill Drive and
Arguello Drive. Case #08-00500253 (JP)
Jennifer Prochazka, Senior Planner, presented the rezoning and recommended approval.
There was general discussion regarding the rezoning.
Commissioner Bauman expressed concern about parking.
Commissioner Woodfin stated that parking is usually not provided when a park is
developed.
Chairman Nichols opened the public hearing.
Eric Mach, developer, stated that there would be two gates to enter the property. He said
that he had met the minimum parking requirements and that parking for the park would
be on Arguello.
Commissioner Stearns asked how trees would be retained in the detention area.
144
Dale Brown, McClure & Brown, stated that the area is a low spot and detention is already
present.
Jerome Rektorik, 437 Chimney Hill Drive, College Station, Texas; William Cunningham,
402 Chimney Hill Drive, College Station, Texas; William Hyman, 201 Lampwick Circle,
College Station, Texas; Mickey Posey, 444 Chimney Hill Drive, College Station, Texas;
John Hurn, 201 Fireside, College Station, Texas; Manuel Gonzalez, 205 Chimney Hill
Circle, College Station, Texas; Donald Shelby, 755 Sunny Lane, Bryan, Texas; Richard
Hammerness, 433 Chimney Hill Drive, College Station, Texas; Daniel Romo, 202
Fireside Circle, College Station, Texas; Donald Feltz, 204 Fireside Circle, College
Station, Texas; Nancy Berry, 202 Lampwick Circle, College Station, Texas; Patrick
Gendron, 205 Lampwick Circle, College Station, Texas; Michael Brown, 203 Lampwick
Circle, College Station, Texas. The citizens were in opposition and expressed concern
about being uninformed, traffic, and the development possibly being student housing.
Ms. Prochazka stated that the applicant had twice as many parking spaces as required.
Commissioner Stearns expressed concern about the development being student housing.
Commissioner Woodfin stated that sidewalks need to be located on Cooner and Arguello
that provide connectivity to the park.
Commissioner Stearns motioned to recommend denial. Commissioner Greer
seconded the motion, motion passed (6-0).
Chairman Nichols recessed the meeting at 9:50 p.m.
Chairman Nichols reconvened the meeting at 10:00 p.m.
145
December 11, 2008
Regular Agenda Item #2
Park Land Dedication Ordinance Amendments
To: Glenn Brown, City Manager
From: Marco A. Cisneros, Director, Parks and Recreation
Agenda Caption: Public hearing, presentation, possible action and discussion regarding
consideration of an ordinance amending Chapter 9, “Subdivisions” of the City of College
Station Code of Ordinances, Section 10, “Park Land Dedication”.
Recommendation(s): The Parks and Recreation Advisory Board recommended approval
(5-2) of the Park Land Dedication Ordinance Revisions as specified in the proposed
ordinance at their November 18, 2008 meeting. The Planning and Zoning Commission
considered this item at their December 4, 2008 meeting. The minutes from that meeting
are pending. Staff also recommends approval of the proposed ordinance.
Summary: Ordinance 2997, the current Park Land Dedication Ordinance, was approved
by the City Council on September 13, 2007. The Park Land Dedication Ordinance provides a
means to acquire and develop neighborhood parks in the City and the ETJ. The funds for
these park developments are generated by the development of new residential subdivisions
and must be used for neighborhood park acquisition and/or development with a prescribed
service area as defined by the City’s approved Park Zones.
The ordinance requires a three year review period, and the City Council approved the most
recent changes in September, 2007. However, both acquisition and development costs
associated with park development have increased dramatically over the past few years.
There are also some key policy issues to consider:
· What level of parks and recreation service will be provided for in the future?
· Who will pay for those services?
· Can community parks serve the function of neighborhood parks?
· Should the 2:1 Flood Plain Acreage ration be changed to a 3:1 ratio?
These issues were reviewed and discussed by the Joint Parks and Recreation Advisory Board
and Planning & Zoning Commission Subcommittee on June 25, 2008 as well as a public
hearing was held as a part of the Parks and Recreation Advisory Board meeting held on July
8, 2008. The major points of discussion at these meetings included:
· The current cost of land
· The cost of park construction
· The need for more community parks in newly developed areas
· The estimated population growth for the City in the next ten years
Staff held and attended several meetings with stakeholders to review the proposed changes
to the Park Land Dedication Ordinance. Staff met with members of the Neighborhood and
Homeowners Association group on October 21, 2008. Staff also met with the Bryan/College
Station Homebuilders and Developers group on November 4, 2008. In each instance, the
groups’ interest lay in keeping the Park Land Dedication Ordinance in its current form
without making any changes to it.
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Budget & Financial Summary: Future budgetary implications are dependent upon
Council direction. Any revisions to the current Park Land Dedication Ordinance will likely
result in some increased funding being available for neighborhood and community parks
land acquisition and/or development. These revisions however do not pay for any of the
increased operations and maintenance costs associated with any of these new parks and
recreation facilities. Those budget decisions would need to be made prior to the
development of these new facilities.
Attachments:
1. Ordinance 2997
2. Proposed City of College Station Park Land Dedication Ordinance
3. June 25, 2008 Joint Parks and Recreation Advisory Board and Planning & Zoning
Commission Subcommittee
4. July 8, 2008 Public Hearing and Parks and Recreation Advisory Board Minutes
5. October 20, 2008 Public Hearing and Parks and Recreation Advisory Board
Minutes
6. November 18, 2008 Parks and Recreation Advisory Board Minutes
7. Park Land Dedication and Development Fees Methodology
147
ORDINANCE NO. 2997
AN ORDINANCE AMENDING CHAPTER 9, "SUBDIVISIONS" OF THE CODE OF
ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING
SECTION 10, "PARK LAND DEDICATION, BY INCREASING FEES, EXTENDING PARK
LAND REQUIREMENTS INTO THE ETJ; PROVIDING A SEVERABILITY CLAUSE;
DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION,
TEXAS:
PART 1 : That Chapter 9, "Subdivisions", 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 if any provisions of any section of this ordinance shall be held to be void or
unconstitutional, such holding shall in no way effect the validity of the remaining
provisions or sections of this ordinance, which shall remain in full force and
effect.
PART 3: That any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof
shall be punishable by a fine of not less than Twenty Five Dollars ($25.00) nor
more than Two Thousand Dollars ($2,000.00). Each day such violation shall
continue or be permitted to continue, shall be deemed a separate offense. Said
Ordinance, being a penal ordinance, becomes effective January 1,2008.
PASSED, ADOPTED and APPROVED this 13'" day of September, 2007.
ATTEST: APPROVED:
CITY SECRETARY MAYOR
APPROVED:
CITY ATTORNEY
O/group/legal/ord~nance/amendmentjorm.doc
Approved by the Parks & Recreation Advisory Board on May 9. 2006
148
ORDINANCE NO. 2997
EXHIBIT "A"
Page 2
That Chapter 9, "Subdivisions", of the Code of Ordinances of the City of College Station, Texas,
is hereby amended as follows:
1. By amending SECTION 10: "Requirements for Park Land Dedication" by deleting the
entire section and substituting the following:
SECTION 10: Requirements For Park Land Dedication
10-A Purpose
This section is adopted to provide recreational areas in the form of neighborhood park facilities
as a function of subdivision and site development in the City of College Station and its Extra-
Territorial Jurisdiction (ETJ). This section is enacted in accordance with the home rule powers
of the City of College Station, granted under the Texas Constitution, and the statutes of the State
of Texas, including, but not by way of limitation, Texas Local Government Code Chapter 212
(Vernon 1999; Vernon Supp. 2004-2005) as amended from time to time.
It is hereby declared by the City Council that recreational areas in the form of neighborhood
parks are necessary and in the public welfare, and that the only adequate procedure to provide for
neighborhood parks is by integrating such a requirement into the procedure for planning and
developing property or subdivisions in the City and its ETJ, whether such development consists
of new construction on vacant land or rebuilding and remodeling of structures on existing
residential property.
Neighborhood parks are those parks providing for a variety of outdoor recreational opportunities
and located within convenient distances from a majority of the residences to be served thereby.
The park zones established by the Parks and Recreation Department and shown on the official
Parks and Recreation map for the City of College Station shall be prima facie proof that any park
located therein is within such a convenient distance from any residence located berein. The
primary cost of neighborhood parks should be borne by the ultimate residential property owners
who, by reason of the proximity of their property to such parks, shall be the primary beneficiaries
of such facilities.
Therefore, the following requirements are adopted to effect the purposes stated above and shall
apply to any land to be used for residential purposes:
10-B General Requirements
The City Manager or his designee shall administer this Section 10, Requirements for Park Land
Dedication with certain review, recommendation and approval authorities being assigned to the
Planning and Zoning Commission and the Parks and Recreation Advisory Board as specified
herein.
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ORDINANCE NO. 2997 Page 3
Dedications shall cover both land acquisition and development costs for neighborhood park land
for all types of residential development. Dedications shall be based on actual dwelling units for
the entire development. Increases or decreases in final unit count prior to final plat will require
an adjustment in fees paid or land dedicated. If the actual number of dwelling units exceeds the
original estimate additional park land shall be dedicated in accordance with the requirements in
this Section 10 with the filing of a final plat.
The methodology used to calculate fees and land dedications is attached hereto as Appendix I
and incorporated and made a part of this ordinance for all purposes.
Fees paid under this Section may be used only for development or acquisition of neighborhood
parks located within the same Zone as the development.
1. Land Dedication
For residential developments the area of land to be dedicated for neighborhood park land
purposes shall be determined by the procedures described in Appendix I.
The total amount of land dedicated for the development shall be dedicated in fee simple by plat:
a. Prior to the issuance of any building permits for multi-family development,
b. Concurrently with the final plat for a single phase development,
c. For a phased development the entire park shall be either platted concurrently with
the plat of the first phase of the development or
d. The developer may provide the City with financial security against the future
dedication by providing a bond, irrevocable letter of credit, or other alternative
financial guarantee such as a cash deposit in the amount equal to the number of
acres park land required. The amount of the financial guarantee is calculated by
multiplying the number of acres of park land required to be dedicated by $24,000
as the estimated value of an acre of land in the proposed subdivision.
The financial guarantee will be released to the developer, without interest, upon the filing of the
final plat for the subsequent phase that dedicates the required park land.
2. Fee in Lieu of Land
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ORDINANCE NO. 2997 Page 4
The amount of the Fee-in-Lieu of Land ("Fee") shall be set at an amount sufficient to cover the
costs of the acquisition of neighborhood park land.
A landowner may elect to meet the requirements of Section 10.B. 1, in whole or in part, by paying
a fee in the amount set forth in Appendix I. Before making this election, for ally required
dedication greater than three (3) acres, or for any development containing floodplain or
greenway, the landowner must:
a. Obtain a recommendation from the Parks and Recreation Advisory Board, and
b. Obtain approval from the Planning & Zoning Commission pursuant to the Plat
Approval Procedures in Article 3.3 of the Unified Development Ordinance.
For neighborhood park land, the fee shall be calculated using the procedure described in sectioil
10.B. 1 d to value the land, and the procedure shown in Appendix I to calculate the total amount of
the fee which shall be remitted:
Prior to the issuance of any building permits for multi-family development; or
Upon submission of each final plat for single family, duplex or townhouse development.
Fees may be used only for acquisition or development of a neighborhood park facility located
within the same Zone as the development.
The City Manager or his designee is authorized to accept the Fee for dedications of fewer than
three (3) acres where:
There is a sufficient amount of park land existing in the park zone of the proposed
development or
The proposed dedication is insufficient for a Neighborhood Park site under existing park
design standards.
This determination shall be made based on the Recreation, Park & Open Space Master Plan, as
amended from time to time.
3. Park Development Fee
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ORDINANCE NO. 2997 Page 5
In addition to the land dedication, -there shall also be a fee established that is sufficient to develop
the land to meet the Manual of Park Improvements Standards to serve the zone in which such
development is located. This fee and the estimate of neighborhood park improvement costs shall
be computed as shown in Appendix I. The total fee shall be paid upon submission of each final
plat or upon application for a building permit, whichever is applicable.
4. Park Development Option in Lieu of Fee
A landowner may elect to construct the neighborhood park improvements in lieu of paying the
Park Development Fee under the following terms and conditions:
a. A park site plan, developed in cooperation with the Parks and Recreation
Department staff, must be submitted to the City Manager or his designee for
review. A site plan approved by the Director of Parks and Recreation and Parks
and Recreation Advisory Board is required upon submission of each final plat or
upon application for a building permit, whichever is applicable.
b. Within twelve (12) months from the date of said submission or applicatioil the
landowner shall submit detailed plans and specifications in compliance with the
site plan to the City Manager or his designee for review and approval.
c. All plans and specifications shall meet or exceed the Manual of Park
Improvement Standards in effect at the time of the submission.
d. If the improvements are constructed on land that has already been dedicated to
andlor is owned by the City, then the Developer must post Payment and
Performance Bonds to guarantee the payment to subcontractors and suppliers and
to guarantee Developer completes the work in accordance with the approved
plans, specifications, ordinances, other applicable laws and that City has issued a
Certificate of Completion for the improvements.
e. The construction of all improvements must be completed within two (2) years
from the date of the approval of the plans and specifications. A final, one-time
extension of twelve months may be granted by the Administrator upon
demonstration that said improvements are at least 50% constructed.
f. Completion and Acceptance - Park development will be considered complete and
a Certificate of Completion will be issued after the following requirements are
met:
i. Improvements have been constructed in accordance with the Approved
Plans,
ii. All Park Land upon which the improvements have been constructed has
been dedicated as required under this ordinance and
iii. All manufacturers' warranties have been provided for any equipment.
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ORDINANCE NO. 2997 Page 6
g. Upon issuance of a Certificate of Completion, Landowner warrants the impsovelnents for
a period of one (I) year as per the requirements in the Manual of Park Improvements
Standards.
11. The developer shall be liable for any costs required to complete park developlnent if:
i. Developer fails to complete the improvements in accordance with the
Approved Plans
. .
11. Developer fails to complete any warranty work
5. Reimbursement for City Acquired Park Land
The City may from time to time acquire land for parks in or near an area of actual or potential
development. If the City does acquire park land in a park zone, the City may require subsequent
Park Land dedications for that zone to be in Fee-in Lieu-of-Land only. This will be to reimburse
the City for the cost(s) of acquisition. Once the City has been reimbursed entirely for all such
Park Land within a park zone, this Section shall cease to apply.
10-C Prior Dedication or Absence of Prior Dedication
If a dedication requirement arose prior to enactment of this Section 10, that dedication
requirement shall be controlled by the ordinance in effect at the time such obligation arose,
except that additional dedication shall be required if the actual density of structures constructed
upon property is greater than the former assumed density. Additional dedication shall be
required only for the increase in density and shall be based upon the ratio set forth in Section
10.B. (Credit shall be given for land dedicated or fees paid pursuant to prior Park Land
Ordinance Nos. 690,983 or 2546.)
10-D Comprehensive Plan Considerations
The Recreation, Park and Open Space Master Plan is intended to provide the College Station
Parks and Recreation Advisory Board with a guide upon which to base its recommendations.
Because of the need to consider specific characteristics in the site selection process, the park
locatioils indicated on the Plan are general. The actual locations, sizes, and number of parks will
be determined when development occurs. The Plan will also be used to locate desirable park
sites before development occurs, and those sites may be acquired by the City or received as
donations.
Park Zones are established by the City's Comprehensive Plan, in the Recreation, Park and Open
Space Master Plan and are configured to indicate service areas for neighborhood parks. Zone
boundaries are established that follow key topographic features such as major thoroughfares,
streams, city limit and ETJ boundary lines Park Zones may be created or amended by the
Recreation, Park and Open Space Master Plan as dedications or circumstances dictate.
10-E Special Fund; Right to Refund
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1. All Park Land fees will be deposited in a fund referenced to the park zone involved.
Funds deposited into a particular park zone fund may only be expended for land or
improvements in that zone.
2. The City shall account for all fees-in-lieu-of land paid under this Section with reference
to the individual plat(s) involved. Any fees paid for such purposes must be expended by
the City within five (5) years from the date received by the City for acquisition and/or
development of a neighborhood park as defined herein. Such funds shall be considered to
be spent on a first-in, first-out basis. If not so expended, the landowners of the property
on the expiration of such period shall be entitled to a prorated refund of such sum,
computed on a square footage of area basis. The owners of such property must request
such refund within one (1) year of entitlement, in writing, or such right shall be barred.
10-F Park Land Guidelines and Requirements
Parks should be easy to access and open to public view so as to benefit area development,
enhance the visual character of the city, protect public safety and minimize conflict with adjacent
land uses. The following guidelines and requirements shall be used in designing parks and
adjacent development.
Any land dedicated to the city under this section must be suitable for park and recreation
uses. The dedication shall be free and clear of any and all liens and encumbrances that
interfere with its use for park purposes. The City Manager or his designee shall
determine whether any encumbrances interfere with park use. Minerals may be reserved
from the conveyance provided that there is a complete waiver of the surface use by all
mineral owners and lessees. A current title report must be provided with the land
dedication. The property owner shall pay all taxes or assessments owed on the property
up to the date of acceptance of the dedication by the City. A tax certificate froin the
Brazos County Tax Assessor shall be submitted with the dedication or plat.
2. Consideration will be given to land that is in the floodplain or may be considered
"floodable" even though not in a federally regulated floodplain as long as, due to its
elevation, it is suitable for park improvements. Sites should not be severely sloping or
have unusual topography which would render the land unusable for organized
recreational activities.
3. Land in floodplains or designated greenways will be considered on a two for one basis.
Two acres of floodplain or greenway will be equal to one acre of park land
4. Where feasible, park sites should be located adjacent to greenways and/or schools in
order to encourage both shared facilities and the potential co-development of new sites.
5. Neighborhood park sites should be adjacent to residential areas in a manner that serves
the greatest number of users and should be located so that users are not required to cross
arterial roadways to access them.
6. Sites should have existing trees or other scenic elements.
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7. Detention 1 retention areas will not be accepted as part of the required dedication, but may
be accepted in addition to the required dedication. If accepted as part of the park, the
detention I retention area design must be approved by the City Manager or his designee
and must meet specific parks specifications in the Manual of Park Improvements
Standards.
8. Where park sites are adjacent to Greenways, Schools existing or proposed subdivisions,
access ways may be required to facilitate public access to provide public access to parks.
9. It is desirable that fifty percent (50%) of the perimeter of a park should abut a public
street.
10-G Consideration and Approval
Any proposal considered by the Planning and Zoning Commission under this Section shall have
been reviewed by the Parks and Recreation Advisory Board or the City Manager or his designee
as provided herein, and a recommendation given to the Commission. The Commission may
make a decision contrary to the recommendation by a majority vote.
10-H Review of Land Dedication Requirements and Dedication and Development Fee
The City shall review the Fees established and amount of land dedication required at least once
every three (3) years. The City shall take into account inflation as it affects land acquisition and
park development costs as well as changes in the City's existing level of service. Fees are
authorized to be set by resolution of the City Council.
10-I Warranty Required:
All materials and equipment provided to the City shall be new unless otherwise approved in
advance by the City Manager or his designee and that all work will be of good quality, free from
faults and defects, and in conformance with the designs, plans, specifications, and drawings, and
recognized industry standards. This warranty, any other warranties express or implied, and any
other consumer rights, shall inure to the benefit of the City only and are not made for the benefit
of any party other than the City.
All work not conforming to these requirements, including but not limited to unapproved
substitutions, may be considered defective.
This warranty is in addition to any rights or warranties expressed or implied by law.
Where more than a one (1) year warranty is specified in the applicable plans, specifications, or
submittals for individual products, work, or materials, the longer warranty shall govern.
This warranty obligation shall be covered by any performance or payment bonds tendered in
compliance with this Ordinance.
Defective Work Discovered During Warranty Period. If any of the work is found or determined
to be either defective, including obvious defects, or otherwise not in accordance with this
ordinance, the designs, plans, drawings or specifications within one (1) year after the date of the
issuance of a certificate of Final Completion of the work or a designated portion thereof,
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whichever is longer, or within one (1) year after acceptance by the City of designated equipment,
or within such longer period of time as may be prescribed by law or by the terms of any
applicable special warranty required by this ordinance, Developer shall promptly correct the
defective work at no cost to the City.
During the applicable warranty period and after receipt of written notice from the City to begin
corrective work, Developer shall promptly begin the corrective work. The obligation to correct
any defective work shall be enforceable under this code of ordinances. The guarantee to correct
the defective work shall not constitute the exclusive remedy of the City, nor shall other remedies
be limited to the terms of either the warranty or the guarantee.
If within twenty (20) calendar days after the City has notified Developer of a defect, failure, or
abnormality in the work, Developer has not started to make the necessary corrections or
adjustments, the City is hereby authorized to make the corrections or adjustments, or to order the
work to be done by a third party. The cost of the work shall be paid by Developer.
The cost of all materials, parts, labor, transportation, supervision, special instruments, and
supplies required for the replacement or repair of parts and for correction of defects shall be paid
by Developer, its contractors, or subcontractors or by the surety.
The guarantee shall be extended to cover all repairs and replacements furnished, and the term of
the guarantee for each repair or replacement shall be one (1) year after the illstallation or
completion. The one (1) year warranty shall cover all work, equipment, and materials that are
part of the improvements made under this section of the ordinance.
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APPENDIX I
PARK LAND DEDICATION FEE METHODOLOGY
NEIGHBORHOOD PARK REOUIREMENTS
I. Land Requirementsfor Neiglzborlzood Parks
The current level of service is one (1) acre per 276 people.
2006 Total Population - 77,261.
2.80 Persons per Household (PPH) for Single Family and 2.28 PPH for Multi-Family
based on Census information for owner and renter occupied units.
Single Family
276 people / 2.80 PPH = 98 DUs
1 Acre per 98 DUs
Multi-Family
276 people / 2.28 PPH= 12 1 DUs
I Acre per 12 1 DUs
11. Neighborhood Park Acquisition Costs (Determines Fee in Lieu of Land)
One (1) acre costs $24,000 to purchase.
Single Family
$24,000 I98 DUs = $245 per DU
Multi-Family
$24,000 / 12 1 DUs = $198 per DU
111. Neighborhood Park Development Costs (Determines Fee for Development)
The cost of improvements in an average Neighborhood Park in College Station is
$5 1 6,450.a
One Neighborhood Park serves 2,207 people, based on a total city population of
77,26 1 being served by 35 parks (count includes neighborhood parks and 6 mini
parks).
It costs $234 per person to develop an average intergenerational neighborhood park.
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Single Family
$234 x 2.80 PPH = $655 per DU
IV. Total Neighborhood Park Fee:
Single Family
$245 + $655 = $900
Multi-Family
$234 x 2.28 PPH = $533 per DU
Footnote a
NEIGHBORHOOD PARK COST ESTIMATES WINTER 2005
Multi-Family
$198 + $533 =$731
1. Basketball Court
2. 6' Sidewalk @ $5.00 per SF x 4000 LF
3. Handicap Accessible Ramp x 2
4. Bridge (Average 30')
5. Picnic Unit (slab, table, trash can, grill) @ $3,000 x 2
6. Shelter & Slab (2 picnic tables wltrash cans)
7. Area Lights (12' ht.) @ $3,000 x 20
8. 2' x 8' Park Sign (Cylex) and Keystone Planter Bed
9. Benches (painted steel) with slab @ $2,000 x 4
10. Bicycle Rack
1 1. 50 Trees (30-45 gal. installed) w1Irrigation @ $350
1 1. Lawn Irrigation (average area)
12. Drinking Fountain (concrete - handicap accessible, dual height, dog dish)
13. Water Meter 1.5" /
14. Electric MeterIPanel
15. Finish Sodding, Grading & Seeding
16. Drain Lines @ $15 LF (Average 100')
17. Swing Set w1Rubber & Gravel Mix
18. Playground wlconcrete base & Rubber Surfacing
1 9. Playground Shade Cover
20. Galvanized Fence @ $35 LF 2,500'
21. Pond
Sub Total
10% Contingency
Total
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PARKS / PLANNING AND ZONING SUB-COMMITTEE
NOTES
Parks/Planning and Zoning
Sub-committee
June 25, 2008
PARK LAND DEDICATION
12:00 PM, Wednesday, June 25, 2008
Administrative Conference Room
1101 Texas Avenue
College Station, TX 77840
STAFF PRESENT: Marco A. Cisneros, Director, Parks and Recreation; David
Schmitz, Assistant Director, Parks and Recreation; Pete Vanecek, Senior Park
Planner; Amanda Putz, Staff Assistant; Jason Schubert, Staff Planner – Planning
and Development Services
COMMISSIONERS PRESENT: Glenn Schroeder, Marsha Sanford
BOARD PRESENT: Jodi Warner, Chair; Jody Ford; Gary Erwin, Vice Chair
COUNCIL PRESENT: Ben White, Mayor
DISCUSSION: The meeting began at 12:15PM. The discussion began with
everyone introducing themselves. The purpose of the meeting was for the Board
and Commission to come together for a general purpose of looking into Park Land
Dedication. Some of the factors that were included in the discussion were the
park construction costs, park land dedication fees, differences between community
and neighborhood parks and land values. Marco A. Cisneros asked if there was a
need for a task force regarding this issue. The responses were overall that a task
force was not necessary, and public hearings were the answer. Jodi Warner
explained the recent history behind the park land dedication and the fee change.
She explained that the Park Land Dedication fees as they are right now are not
enough for the development of a park. There was discussion concerning the
Greenway / Greenbelt ordinance and if that was input into the Park Land
Dedication Ordinance. However, it was not, and it needs to be discussed
regarding placing it into the Park Land Dedication Ordinance. There was
discussion that some developers are building developments in phases. Then they
are eventually developing more phases, and parks are not placed anywhere near
the development. This is an issue that needs to be addressed. The City may need
to look at the appraised value for proposed park land, so that we can alleviate the
building of many houses on acres with a park no where close by. Marsha Sanford,
Commissioner, said that a 30 day appraisal should be required. The City has to
make sure that we have maintenance costs for all of the parks that we create.
Jodi Warner explained that the developers need an informational meeting to
explaining park land dedication. The developer needs to be shown what they will
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Parks/Planning and Zoning
Sub-committee
June 25, 2008
2
be given for what they are giving the city. Marsha Sanford commented on the
Existing Residents Should Not Be Taxed to Build New Parks For New
Residents, that was posted on the PowerPoint handout. She commented that the
money is going to have to come from somewhere. She said that she would like to
keep her park maintained. She commented that she does not think that the
citizens would mind that issue either. When developers develop they need to be
better monitored when they do several phases, as to make sure a park gets
incorporated into the plans. Ben White, Mayor, asked why the city could not
monitor the developer’s account and stop several phases from happening without
a park being incorporated. The appraised value has got be put back into the
ordinance, to determine the Park Land Dedication fee. The level of service needs
to be clearly defined. The costs of all amenities need to be clearly stated and
defined, so that the public and developers are aware of the costs associated. Jodi
Warner stated that the Park Land Dedication needs to be on the Council calendar
by the end of the summer 2008. When it comes to Zone monies, the particular
monies that are allocated for a particular park need to be used for that particular
park. The meeting ended at 2:00 PM.
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PARK LAND DEDICATION AND DEVELOPMENT FEES METHODOLOGY
FOR NEIGHBORHOOD AND COMMUNITY PARKS
A. Dedication Requirements for Neighborhood Parks.
1. Land Dedication. The current level of service is one (1) acre per 285
people (87,758 Population/307.6 acres of neighborhood parks).
2008 Total Population - 87,758
2.80 Persons per Household (PPH) for Single Family and 2.28 PPH
for Multi-Family based on Census information for owner and renter
occupied units.
Single Family Multi-Family
285 people / 2.80 PPH = 102 DUs 285 people / 2.28 PPH= 125 DUs
1 Acre per 102 DUs 1 Acre per 125 DUs
2. Fee in Lieu of Land Dedication. One (1) acre of land costs $32,000
to purchase.
Single Family Multi-Family
$32,000 / 102 DUs = $314 per DU $32,000 / 125 DUs = $256 per DU
3. Neighborhood Park Development Fee.
· One neighborhood park serves 2,309 people, based on a total city
population of 87,758 being served by 38 parks (count includes
neighborhood parks and six mini parks)
· The cost of improvements in an average neighborhood park in
College Station is $630,520a.
· It costs $273 per person ($631,000/2,309) to develop an average
intergenerational neighborhood park in College Station.
Single Family Multi-Family
$273 x 2.80 PPH = $764 per DU $273 x 2.28 PPH = $622 per DU
4. Total Neighborhood Park Fee (with no land dedication credit
given).
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Single Family Multi-Family
$313 + $764 = $1,078 per DU $256 + $622 = $878 per DU
Footnote a
NEIGHBORHOOD PARK COST ESTIMATES June 2008
1. Basketball Court $40,000
2. 6' Sidewalk @ $5.50 per SF x 4,000 LF $132,000
3. Handicap Accessible Ramp x 2 each $2,000
4. Pedestrian Bridge (average 30’) with concrete footings $40,000
5. Picnic Unit (slab, table, trash can, grill) @ $4,000 x 2 each $8,000
6. Shelter and Slab (2 picnic tables with trash cans) $34,000
7. Area Lights (12’ ht.) @ $4,000 x 20 each $80,000
8. 2’ x 8’ Park Sign (Cylex) and Keystone Planter Bed $6,000
9. Benches (painted steel) with slab @ $2,000 x 4 each $8,000
10. Bicycle Rack $1,500
11. 50 Trees (30-45 gallon installed) w/Irrigation @ $350 $17,500
11. Specialized Irrigation System $15,000
12. Drinking Fountain (concrete, handicap accessible, dual height, dog dish) $7,500
13. Water Meter 1.5” $1,200
14. Electric Meter/Breaker Panel $2,000
15. Finish Sodding, Grading and Seeding $5,000
16. Drain Lines @ $20 per LF (average 100 LF) $2,000
17. Swing Set with Synthetic Rubber Surfacing $25,000
18. Playground with Concrete Base and Synthetic Rubber Surfacing $75,000
19. Playground Shade Cover $17,500
20. Galvanized Fence @ $36 per LF (average 1,500 LF) $54,000
Sub Total $573,200
10% Contingency $57,230
Total $630,520
B. Dedication Requirements for Community Parks
1. Land Dedication. The current level of service is one (1) acre per 294 people
(299 acres in 8 Community Parks).
2008 Total Population - 87,758
2.80 Persons per Household (PPH) for Single Family and 2.28 PPH for Multi-
Family based on Census information for owner and renter occupied units.
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3
Single Family Multi-Family
294 people / 2.80 PPH = 105 DUs 294 people / 2.28 PPH= 129 DUs
1 Acre per 105 DUs 1 Acre per 129 DUs
2. Fee in Lieu of Land Dedication. One (1) acre of land costs $32,000 to
purchase.
Single Family Multi-Family
$32,000 / 105 DUs = $305 per DU $32,000 / 129DUs = $248 per DU
3. Community Park Development Fee.
· One Community Park serves 10,970 people, based on a total city
population of 87,758 being served by eight (8) community parks.
· The cost of improvements in an average community park in College
Station is $2.5 million.b
· It costs $228 per person ($2,500,000/109,970) to develop an average
community park.
Single Family Multi-Family
$ 228 x 2.80 PPH = $638 per DU $228 x 2.28 PPH = $520 per DU
4. Total Community Park Fee (with no land dedication credit given).
Single Family Multi-Family
$305 + $638 = $943 per DU $248 + $520 = $768 per DU
Footnote b
COMMUNITY PARK PLANNING GUIDELINES MAY 2006
A typical community park in College Station is designed to serve the needs of residents
from several neighborhoods located within a one-half to three mile radius. These parks
are generally 25 to 70 acres in size. However, larger and smaller community parks may
be developed to meet specific requirements of a particular area of town.
Community parks, by their nature, serve both the active and passive leisure needs of
residents. The acquisition and development of the “basic” infrastructure and facilities for
the passive usage of these community parks is based upon the demand from new
residents and should be addressed through the Park Land Dedication Ordinance
requirements.
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The development of facilities for active use programs that might also be included in
community parks, such as swimming pools, sports complexes, recreation centers and
other similar improvements, are the responsibility of the entire community. These
facilities should be developed with specific funding approval through general obligation
bond elections or City Council approved authorizations as needed.
The “basic” infrastructure and facilities in a typical College Station community park are
likely to be:
1. Playground Areas with Shade covers $120,000
2. Group Picnic Pavilion with Restrooms $750,000
3. Concrete Walking Trails, Lights, Benches, Fountains (per mile) $500,000
4. Picnic Tables, Trash Receptacles, and Furnishings $ 50,000
5. Lighted Tennis Courts – Two (2) $140,000
6. Lighted Basketball Court $ 50,000
7. Roads and Parking (200 Spaces) $500,000
8. Landscape Improvements $250,000
9. Design Fees $140,000
Total Planning Estimate $2,500,000
Each community park varies in size, design, and facilities based upon the needs of the
residents. These guidelines are developed to serve as a base line for planning future
community parks for College Station.
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December 11, 2008
Regular Agenda Item No. 3
Crescent Pointe Right-of-Way and Easement Abandonment
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public Hearing, presentation, possible action, and discussion approving
an ordinance vacating and abandoning a portion of right-of-way and an easement in the
Crescent Point Subdivision.
Recommendation(s): Staff recommends approval of the ordinance.
Summary: The right-of-way and easement proposed to be abandoned are:
1. A 493 square foot portion of right-of-way, which is located on Crescent Pointe
Parkway, 70 foot right-of-way, 1.715 acre Tract Two, according to the deed from
Crescent Pointe, Ltd. to the City of College Station, Texas, recorded in Volume 6182,
Page 193 of the Deed Records of Brazos County, Texas.
2. A 0.30 acre, 30 foot wide Pedestrian Walkway and Public Utility Easement, which is
located on Lot 2 and 3 of Block 3 of the Crescent Pointe Phase 4 Subdivision
according to the plat recorded in Volume 8343, Page 179, of the Deed Records of
Brazos County, Texas.
There is no infrastructure in this easement to be abandoned.
Budget & Financial Summary: N/A
Attachments:
1. Exhibit 1 - Vicinity Map
2. Exhibit 2 – Right-of-Way and Easement Abandonment Location
3. Exhibit 3 - Ordinance
4. Exhibit 4 - Ordinance Exhibit “A"
5. Exhibit 5 - Application for Abandonment
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December 11, 2008
Regular Agenda Item No. 4
Crescent Pointe 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 1.19 acres at 2520 Crescent Pointe Parkway from A-P Administrative
Professional to R-4 Multi-family.
Recommendation(s): The Planning and Zoning Commission will hear this item at their
December 4th meeting. Staff is recommending approval.
Summary: Staff used the following Review Criteria to evaluate the request:
1. Consistency with the Comprehensive Plan: The Land Use Plan designates this area
as Planned Development. The property was included in area 4A of the 30/60 Small Area
Plan which originally identified this area for Mixed-Use and made the following
statement:
a. The area should be reflected as mixed use, with an emphasis on uses such as
office, commercial, clean industrial and higher density single family and
multifamily housing. Low density housing should be discouraged. Housing that
appeals to professionals should be encouraged. The PDD district could be
used to facilitate design innovation and more intense commercial uses.
Standard zoning districts that permit high density single family, multi-family,
clean industrial, offices and commercial uses that are conducive to tourism
would also be appropriate in this area.
In March 2003, the Mixed Use Opportunity Study changed the Mixed Use Designation in
this area to Planned Development, which it has since retained.
A Master Plan was approved in 2006, showing office and multi-family/townhome for this
area. The subsequent rezoning for the subdivision was based on the preliminary plat,
which included a large detention facility that separated the office from the residential
along this block. When the property was final platted and the pond was appropriately
sized, the common area for that drainage facility was reduced by 1.19 acres. The
reduction in size of the common area for the detention pond created an area of A-P
Administrative Professional on the east side of the drainage facility, which is proposed
for townhomes on the Master Plan. Staff considers the rezoning to be in compliance with
the Comprehensive Plan and the intent of the Master Plan.
2. Compatibility with the present zoning and conforming uses of nearby property
and with the character of the neighborhood: The east side of the Crescent Pointe
subdivision is largely undeveloped. The one developed property is at the northeast
corner of the intersection of Copperfield Parkway and Crescent Pointe Parkway is R-4
Multi-family and developed as the Crescent Pointe Apartments. The property east of
Crescent Pointe subdivision is Summit Crossing which is zoned PDD Planned
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Development for a mix of townhomes and duplexes. The present zoning is compatible as
an adjacent land use to apartment.
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
property was recently replatted as part of a townhome development at the east end of
Crescent Pointe Parkway. This rezoning would make those lots developable as such.
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 was recently replatted for townhomes and would not be suitable for office uses
due to the small lot size.
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:
As stated previously, the property was recently replatted with the intent of creating
townhome lots. While the lots meet the minimum criteria for A-P Administrative
Professional, they are small and may not be marketable for office development.
6. Availability of water, wastewater, stormwater, and transportation facilities
generally suitable and adequate for the proposed use: The existing infrastructure
built for the Crescent Pointe Subdivision includes an 8-inch water line and a 12-inch
sewer line along Crescent Pointe Parkway that will adequately serve this development.
Regional detention facilities are provided across the development to handle stormwater.
Additionally, the plat for this development shows 12 lots for townhomes on the 1.19
acres, which will have an impact of approximately 71 trips per day. Crescent Pointe
Parkway is built to a collector standard and can carry up to 5,000 trips per day.
Budget & Financial Summary: N/A
Attachments:
1. Background Information
2. Draft Planning and Zoning Commission Minutes, December 4, 2008 (provided at
Council meeting)
3. Ordinance
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BACKGROUND INFORMATION
NOTIFICATIONS
Advertised Commission Hearing Date: December 4, 2008
Advertised Council Hearing Dates: December 11, 2008
The following neighborhood organizations that are registered with the City of College Station’s
Neighborhood Services have received a courtesy letter of notification of this public hearing:
None
Property owner notices mailed: 1
Contacts in support: 0
Contacts in opposition: 0
Inquiry contacts: 0
ADJACENT LAND USES
Direction Comprehensive Plan Zoning Land Use
North Crescent Pointe
Parkway
South Planned Development C-1, General
Commercial Vacant
East Planned Development A-P, Administrative
Professional Drainage Facility
West Planned Development R-4, Multi-Family Vacant
DEVELOPMENT HISTORY
Annexation: 1979
Zoning: A-P Administrative Professional from M-1 Light Industrial (2006)
Preliminary Plat: Crescent Pointe Subdivision, 2008
Final Plat: Crescent Pointe Subdivision, Phase 4, 2008
Site Development: Vacant
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December 11, 2008
Regular Agenda Item No. 5
Comprehensive Plan Amendment for William D. Fitch Parkway and Barron Road
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 Comprehensive Land Use Plan Amendment from Single Family Medium Density to
Neighborhood Retail for 8.4 acres generally located at the northwest corner of William D.
Fitch Parkway and Barron Road.
Recommendation(s): The Planning and Zoning Commission unanimously
recommended denial of this amendment at their November 20, 2008 meeting. Staff also
recommended denial.
Summary:
REVIEW CRITERIA
1. Changed or changing conditions in the subject area or the City: In accordance
with the Comprehensive Land Use Plan, southern College Station has experienced a
large amount of residential development in the past decade, including the Castlegate,
Castlerock, and Edelweiss Gartens subdivisions. Much of this development can be
attributed to the development of William D. Fitch Parkway, which was also built
according to the Comprehensive Plan and finished construction in January 2006.
To the west of William D. Fitch, some property in the area has been amended in recent
years to reflect an increasing single family density on the plan, including the Southern
Trace subdivision to the west of the subject property, the BCS Development tract to the
east, and the developing Aspen Heights subdivision across FM 2154, but the area has
remained largely low density.
Commercial property has been planned in southern College Station to serve the area
and region. Approximately a mile west on William D. Fitch is the already developed
Rock Prairie Business Center on Wellborn Road. To the east on William D. Fitch, from
Victoria to the highway, are hundreds of acres planned for Regional Retail and zoned C-1
General Commercial. About a third mile east on William D. Fitch—at the intersection
with Victoria—is a tract already zoned for C-3 Light Commercial. Across William D. Fitch
on Barron are approximately five acres identified as Neighborhood Retail, three of which
are already zoned C-3 Light Commercial.
2. Compatibility with the remainder of the Comprehensive Plan: The request seems
to be in conflict with a couple of aspects of the Comprehensive Plan. The
Comprehensive Plan defines Neighborhood Retail as:
Areas permitting neighborhood-scale development of tax-generating developments
such as small retail centers, service commercial, restaurants, etc. These uses are
generally dependent on good access to local arterials.
The good access to arterials is important as these uses are usually found between
neighborhoods to serve their purpose and maximize their success, and arterials typically
209
serve on the periphery of subdivisions. The Comprehensive Plan also encourages the
location of Neighborhood Commercial as infill between neighborhoods. While the subject
property is located on what is planned to be an arterial, Barron Road south of William D.
Fitch is currently not built to that standard. The only residential developments along the
stretch of Barron Road between William D. Fitch and FM 2154 are rural in nature. The
Southern Trace subdivision (the medium-density residential to the west) does not have
a right-of-way connection to the property. The subject property would most likely be
relying on traffic from William D. Fitch. Because William D. Fitch is currently a pair of
one-way frontage roads in this area, neighborhoods that would access the property via
Fitch would have to take circuitous routes that would in most cases take them by
properties already developed or zoned for commercial, or they could reach already
developed commercial as easily. While a Comprehensive Plan is supposed to project
land use and associated needs for the next 20 years, in reality, the current
Comprehensive Plan has an expectancy of less than one year. The property in question
does not seem to currently have a residential density around it which to serve.
One way the vision of the Comprehensive Plan is implemented is through the application
of the Unified Development Ordinance (UDO). The appropriate zoning classification for a
property identified as Neighborhood Retail would be C-3 Light Commercial. The UDO
limits the size of a C-3 district and any adjacent C-3 districts to a combined total of five
acres. Even if identified on the Land Use Plan as Neighborhood Retail, the subject
property could not be zoned for such uses.
Budget & Financial Summary: N/A
Attachments:
1. Aerial
2. Small Area Map
3. P&Z Minutes
4. Ordinance
210
211
212
November 20, 2008 P&Z Regular Meeting Minutes Page 1 of 1
MINUTES
PLANNING AND ZONING COMMISSION
Regular Meeting
Thursday, November 20, 2008
at 7:00 p.m.
City Hall Council Chambers
1101 Texas Avenue
College Station, Texas
COMMISSIONERS PRESENT: Chairman John Nichols, Noel Bauman, Paul Greer, Doug Slack, Thomas
Woodfin and Hugh Stearns
COMMISSIONERS ABSENT: Bill Davis
CITY COUNCIL MEMBERS PRESENT: None
CITY STAFF PRESENT: Senior Planner Jennifer Prochazka, Staff Planners Jason Schubert, Lauren Hovde
and Matt Robinson, Graduate Civil Engineer Erika Bridges, Assistant City Engineer Josh Norton, Senior
Assistant City Engineer Carol Cotter, Planning Administrator Molly Hitchcock, Director Bob Cowell, Assistant
Directors Lance Simms and Gabriel Elliott, First Assistant City Attorney Carla Robinson, Action Center
Representative Carrie McHugh and Staff Assistant Brittany Caldwell
13. Public hearing, presentation, possible action and discussion regarding a Comprehensive Land Use Plan
Amendment from Single Family-Medium Density to Neighborhood Retail for 8.4 acres generally
located at the northwest corner of William D. Fitch Parkway and Barron Road. Case #08-00500255
(MH)
Molly Hitchcock, Planning Administrator, presented the Comprehensive Land Use Plan Amendment
and recommended denial.
There was general discussion regarding the Comprehensive Land Use Plan Amendment.
Chairman Nichols opened the public hearing.
Jane Kee, IPS Group, stated that retail is planned on the opposite side of State Highway 40 and that the
owners are consolidating the two properties.
Norvell Breedlove, 3040 Barron Road, stated that he owns the three-acre tract that adjoins the two tracts
and he is against rural neighborhood. He also said that the area is not ready for retail development.
Chairman Nichols closed the public hearing.
Commissioner Bauman motioned to recommend denial of the Comprehensive Land Use Plan
Amendment. Commissioner Greer seconded the motion, motion passed (6-0).
213
214
215
216
December 11, 2008
Regular Agenda – Item #6
1815 Brothers Blvd. Easement Abandonment
To: Glenn Brown, City Manager
From: Mark Smith, Director of Public Works
Agenda Caption: Public Hearing, presentation, possible action, and discussion approving
an ordinance vacating and abandoning seven easements located at 1815 Brothers
Boulevard. (Wal-Mart)
Recommendation(s): Staff recommends approval of the ordinance.
Summary: The easements proposed to be abandoned are
1. a 0.1723 acre portion of a twenty (20) foot wide public utility easement, said
easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2
of the Southwood Plaza Subdivision;
2. a 0.0509 acre portion of a twenty (20) foot wide public utility easement, said
easement lies on Lot 4K and Lot 4J of the Re-plat of Lot 4B, Block 15, Phase 2
of the Southwood Plaza Subdivision;
3. a 0.8004 acre variable width public utility easement, said easement lies on
Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza
Subdivision;
4. a 0.1217 acre variable width public utility easement, said easement lies on
Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza
Subdivision;
5. a 0.0759 acre variable width public utility easement, said easement lies on
Lot 3, Block 15, Phase 1 of the Correction Plat of Southwood Plaza
Subdivision;
6. a 0.8085 acre portion of a variable width public utility and drainage
easement, said easement lies on Lot 4K and Lot 4J of the Replat of Lot 4B,
Block 15, Phase 2 of the Southwood Plaza Subdivision, and Lot 4A, Lot 4D,
and Lot 4E of the Revised Plat of Lot 4, Block 15, Phase 2 of the Southwood
Plaza Subdivision;
7. a 0.2874 acre portion of a variable width public utility and drainage
easement, said easement lies on Lot 4A, Lot 4D, and Lot 4E of the Revised
Plat of Lot 4, Block 15, Phase 2 of the Southwood Plaza Subdivision,
all according to the plat recorded in Volume 2153 & Page 93, Volume 1046 &
Page 591, Volume 2153 & Page 93, Volume 1203 & Page 143, respectively of
the Deed Records of Brazos County, Texas.
The existing utility mains within this easement are proposed to be relocated to
another public utility easement per the terms of this conditional abandonment
ordinance.
Budget & Financial Summary: N/A
Attachments:
1. Vicinity Map
217
2. Easement Abandonment Location
3. 0.1723 acre easement Ordinance
4. 0.1723 acre easement Ordinance Exhibit A
5. 0.0509 acre easement Ordinance
6. 0.0509 acre easement Ordinance Exhibit A
7. 0.8004 acre easement Ordinance
8. 0.8004 acre easement Ordinance Exhibit A
9. 0.1217 acre easement Ordinance
10. 0.1217 acre easement Ordinance Exhibit A
11. 0.0759 acre easement Ordinance
12. 0.0759 acre easement Ordinance Exhibit A
13. 0.8085 acre easement Ordinance
14. 0.8085 acre easement Ordinance Exhibit A
15. 0.2874 acre easement Ordinance
16. 0.2874 acre easement Ordinance Exhibit A
17. Application for Abandonment (on file at City Engineer’s office)
218
219
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221
222
Legal Description
Brazos County, Texas
FN No. 08-0012d-Part 1
D&A Job No. 001-402
EXHIBIT "A"
DESCRIPTION OF A TRACT OF LAND CONTAINING 0.1723 ACRE
(7,506 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT
4K OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE n, SOUTHWOOD
PLAZA SUBDIVISION, AS RECORDED IN VOLUME 2153, PAGE 93, OF
THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.),
ALSO BEING A PORTION OF A 20-FOOT WIDE UTlLITY EASEMENT
AS SHOWN ON SAID REPLAT OF LOT 4B, SAID 0.1723 ACRE TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE
TEXAS STATIE: PLANE COORDINATE SYSTEM, GRID NORTH,
CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED 'TO
SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389):
COMMENCING at a Mag nail with "DOU&~' washer found at the easterly north comer of said
Lot 4K, being the east corner of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood
Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.RB.C.T. and the southwest comer
of Lot 3, Block 15 of the Cmection Plat of Southwood Plaza, Phase One, as recorded in Volume
1046, Page 591, D.R.B.C.T., said point being an interior ell-comer of a variable width Drainage
and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood plaza, Phase
Two, fiom which a Mag nail with "Doucet" washer found for the southeasterly most comer of
Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears
N02'01 '09"W, a distance of 88.98 feet;
THENCE, with a northerly line of said Drainage and Utility Easement, being the common line
of said Lot 3 and said Lot 4% N87°58'05yyE, a distar~ce of 13.63 feet to a calculated point for an
exterior ell-corner of said Drainage and Utility Easement, and being the westerly most comer
and POINT OF BEGINNING hereof;
THENCE, continuing with the common line of said Lot 3 and Lot 4K the following two (2) '
courses and distances:
1. N87O5 8'05yyE, a distance of 1 86.86 feet to a Mag nail with 'Doucet" washer found for
the northerly most corner hereof, and
2. S43'29'34"E, a distance of 197.66 feet to a 2-inch iron pipe found for the easterly
common comer of said Lot 3 and said Lot 4% for the northeasterly corner hereof,
said point being in the northwest right-of-way line of Brothers Boulevard, (R.o.w.
varies);
Page 1 of 2
Pi00 1-402hrveyUegals\08-00 12dalRevkd-Part 1 .doc
223
THENCE, with the common line of said Brothers Boulevard and said Lot 4% S46O30'26'W, a
distance of 20.00 feet to a calculated point for the southeasterly most comer hereof, said point
being at the southesterly most comer of said 20-foot wide Utility Easement, fiom which a Mag
nail with ''Doucet" washer found for a point of curvature in said common line bears,
S46O30'26'W, a distance of 78.28 feet;
THIENCE, departing the northwest right-of-way line of Brothers Boulevard, over and across said
Lot 4K the following three (3) courses and distances:
with the southwest line of said 20-foot wide Utility Easement, N43O29'34"W, a
distance of 188.64 feet to a calculated point for an angle point hereof,
with the southerly line of said 20-foot wide Utility Easement, S87O58'05'W, a
distance of 177.43 feet to a calculated point for the southwesterly most comer hereof,
said point being in the east line of said Drainage and Utility Easement, and
3. over and across said 20-foot wide Utility Easement, with the east line of said
Drainage and Utility Easement, N03"12'17W, a distance of 20.00 feet to the POINT
OF BEGINNING and containing 0.1723 acre (7,506 sq. ft.) of land, more or less.
Jason Ward, R.P.L.S.
Texas Registration No. 581 1
Doucet & Associates Iric.,
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
?-#us
Date
Page 2 of 2
P:\001-402~flegals\08-O012d1Revised1Part 1 .doc
224
(R.O.W. VARIES)
0.1723. ACRE PORTION
OF UTILITY EASEMENT
TO BE VACATED
CITY OF COLLEGE STATION,
BRAZOS COUNTY, TEXAS
. . . - - - - . -- -. . . - I Dote: 9/18/2008 .PA
Doucet & Associates, Inc.
740 1 B Hwy. 71 Wen, Suite 160
Adn, TX 78735, Phons (5 12) 563-2600 bc (3 52) 563-2601
, ~. -
Scale: 1.160'
Drown by: JL
Reviewer: JSw
I Pramct: 001-402
1 Field Back 229
KlSTNTDW-~~-~UVOlUU Party Chief: JM
www.doucetandassociatu cam c..~.. n-r-. q3 190 m7
225
Legal Description
Brazos County, Texas
FN No. 08-0012d-Part 1
D&A Job No. 001-402
EXHIBIT "A"
DESCRIPTION OF A TRACT OF LAND CONTAINING 0.1723 ACRE
(7,506 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT
4K OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE n, SOUTHWOOD
PLAZA SUBDIVISION, AS RECORDED IN VOLUME 2153, PAGE 93, OF
THE DEED RECORDS OF BRAZOS COUNTY, TEXAS, (D.R.B.C.T.),
ALSO BEING A PORTION OF A 20-FOOT WIDE UTlLITY EASEMENT
AS SHOWN ON SAID REPLAT OF LOT 4B, SAID 0.1723 ACRE TRACT
OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES
AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED ON THE
TEXAS STATIE: PLANE COORDINATE SYSTEM, GRID NORTH,
CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED 'TO
SURFACE USING A COMBINED SCALE FACTOR OF 1.000107026389):
COMMENCING at a Mag nail with "DOU&~' washer found at the easterly north comer of said
Lot 4K, being the east corner of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood
Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.RB.C.T. and the southwest comer
of Lot 3, Block 15 of the Cmection Plat of Southwood Plaza, Phase One, as recorded in Volume
1046, Page 591, D.R.B.C.T., said point being an interior ell-comer of a variable width Drainage
and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood plaza, Phase
Two, fiom which a Mag nail with "Doucet" washer found for the southeasterly most comer of
Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears
N02'01 '09"W, a distance of 88.98 feet;
THENCE, with a northerly line of said Drainage and Utility Easement, being the common line
of said Lot 3 and said Lot 4% N87°58'05yyE, a distar~ce of 13.63 feet to a calculated point for an
exterior ell-corner of said Drainage and Utility Easement, and being the westerly most comer
and POINT OF BEGINNING hereof;
THENCE, continuing with the common line of said Lot 3 and Lot 4K the following two (2) '
courses and distances:
1. N87O5 8'05yyE, a distance of 1 86.86 feet to a Mag nail with 'Doucet" washer found for
the northerly most corner hereof, and
2. S43'29'34"E, a distance of 197.66 feet to a 2-inch iron pipe found for the easterly
common comer of said Lot 3 and said Lot 4% for the northeasterly corner hereof,
said point being in the northwest right-of-way line of Brothers Boulevard, (R.o.w.
varies);
Page 1 of 2
Pi00 1-402hrveyUegals\08-00 12dalRevkd-Part 1 .doc
226
THENCE, with the common line of said Brothers Boulevard and said Lot 4% S46O30'26'W, a
distance of 20.00 feet to a calculated point for the southeasterly most comer hereof, said point
being at the southesterly most comer of said 20-foot wide Utility Easement, fiom which a Mag
nail with ''Doucet" washer found for a point of curvature in said common line bears,
S46O30'26'W, a distance of 78.28 feet;
THIENCE, departing the northwest right-of-way line of Brothers Boulevard, over and across said
Lot 4K the following three (3) courses and distances:
with the southwest line of said 20-foot wide Utility Easement, N43O29'34"W, a
distance of 188.64 feet to a calculated point for an angle point hereof,
with the southerly line of said 20-foot wide Utility Easement, S87O58'05'W, a
distance of 177.43 feet to a calculated point for the southwesterly most comer hereof,
said point being in the east line of said Drainage and Utility Easement, and
3. over and across said 20-foot wide Utility Easement, with the east line of said
Drainage and Utility Easement, N03"12'17W, a distance of 20.00 feet to the POINT
OF BEGINNING and containing 0.1723 acre (7,506 sq. ft.) of land, more or less.
Jason Ward, R.P.L.S.
Texas Registration No. 581 1
Doucet & Associates Iric.,
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
?-#us
Date
Page 2 of 2
P:\001-402~flegals\08-O012d1Revised1Part 1 .doc
227
(R.O.W. VARIES)
0.1723. ACRE PORTION
OF UTILITY EASEMENT
TO BE VACATED
CITY OF COLLEGE STATION,
BRAZOS COUNTY, TEXAS
. . . - - - - . -- -. . . - I Dote: 9/18/2008 .PA
Doucet & Associates, Inc.
740 1 B Hwy. 71 Wen, Suite 160
Adn, TX 78735, Phons (5 12) 563-2600 bc (3 52) 563-2601
, ~. -
Scale: 1.160'
Drown by: JL
Reviewer: JSw
I Pramct: 001-402
1 Field Back 229
KlSTNTDW-~~-~UVOlUU Party Chief: JM
www.doucetandassociatu cam c..~.. n-r-. q3 190 m7
228
229
230
231
Legal Description
Brazos County, Texas
FN No. 08-0012d-Part 2
D&A Job No. 001-402
EXHIBIT "A"
DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0509 ACRE
(2,217 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT
4K AND LOT 45 OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE II,
SOUTHWOOD PLAZA SUBDIVISION, AS RECORDED IN VOLUME
2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY,
TEXAS, (D.RB.C.T.), ALSO BEING A PORTION OF A 20-FOOT WIDE
UTILITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, SAID
0.0509 ACRE TRACT OF LAM) BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL
BEARINGS ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, GRID NORTB; CENTRAL ZONE (4203), ALL
DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED
SCALE FACTOR OF 1.000107026389):
COMMENCING at a Mag nail with "Doucet" washer found at the easterly north corner of said
Lot 4K, being the east corner of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood
Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.R.B.C.T. and the southwest comer
of Lot 3, Block 15 ofthe Correction Plat of Southwood Plaza, Phase One, as recorded in Volume
'1046, Page 591, D.R.B.C.T., said point being an interioir ell-comer of a variable width Drainage
and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase
Two, fiom which a Mag nail with "Doucet" washer found for the southeasterly most comer of
Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears
N02°01'09'W, a distance of 88.98 feet;
THENCE, over and across said Drainage and Utility Easement, with the common line of said
Lot 4K .and said Lot 4A, S50°12'33"W, a distance of 32.52 feet to a calculated point for the
northerly most wmer and POINT OF BEGINNING hereof, said point being in the west line of
said Drainage and Utility Easement,
THENCE, departing said common line of said Lot 4K and said Lot 4A, with the west line of
said Drainage and Utility Easement, S03°10'50"E, a distance of 24.92 feet to a calculated point
for the southerly most east corner hereof, said point also being in the southeasterly line of said
20-foot wide Utility Easement;
Page 1 of 2
P:\OO1-402\s~~eyUegals\08-0012d~Revised~Part 2.doc
232
THENCE, departing the west line of said Drainage and Utility Easement, with the southeasterly
line of said 20-foot wide Utility Easement, in part over and across said Lot 4K, and in part over
and across said Lot 4J, the following three (3) courses and distances:
1. S50°12'33'W, a distance of 103.40 feet to a calculated point for the southeast
comer hereof;
2. N39O47'27'W, a distance of 20.00 feet to a calculated point for the southwest
corner hereof, from which a 112-inch iron rod with "Doucet" cap found for the
westerly common corner of said Lot 45 and said Lot 4K, bears, S50°12'33'W, a
distance of 12.52 feet, and
3. with the northwest line of said Lot 4K, and the southeast line of said Lot 4,
N50°12'33"E, a distance of 118.26 feet to the POINT OF BEGINlVING and
containing 0.0509 acre (2,217 sq. R) of land, more or less.
9-L?-as
Date
Doucet & Associates Inc.,
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
Page 2 of 2
P:\001-402~~yUeg&\08-0012d~R~~Part 2.doc
233
. - . &l.k A
*.t ::, t -
see+ 3a4 3
: FR~~ED~MHILL~DPAR~S~~ CU WFORD BARNL I I' LE9
LOT 3, BLOCK 15 w "mum mn i
ML 1203, PC. 143
CORRecJlONPLAT OF /------r- AND VOL 2153. PG. 93 1
0.0509 ACRE
REPLAT OF
LOT 4B, BLQCK 15. PHASE IT
\ SOUTHWOOD PLAZA SUBDIVEION
VOL 21 53, PG. 93 I
I
I - I
ALL .BEARINGS ARE BASED ON THE I
TEXAS STATE PLANE COORDINATE
SYSTEM, GRID NORM. CENTRAL ZONE j (4203), NAD83 (CORS). AU I
DISTANCES WERE ADJUSTED TO
SURFACE USING A COMBINED SCALE
FACTOR OF 1.0001 07026389.
I
GRAPHIC SCALE: 1" = 60' i
I
: ------ MISTING PROPERTY UNES ------- EXISTING EASEMENTS
1/2' IRON ROD WITH 'DOUCEl"
CAP FWND
20' U~UM ESMT. 2" IRON PIPE FWND
WL 1205, PG. 145
AND VOL 2153. PG 93 (UNLESS NOTOD)
CALCULATED POlNT
I
MAG NAIL WTH 'DWET' I
WASHER FOUND
POINT OF BEGlNNlMG
VOLUME
RIGHT-OF-WAY
LONGMIRE DRNE D.R.B.C.1. DEED RECORDS
BRAZOS CWNN, TEXAS (R.0.W. VARIES) FN IOB-Mn2dgart 2 P:\OOl-402\survey\DA-drowinqs\OOl-402 vucote-20 UE9d 2.dwg
0.0509 ACRE PORTION era Dote: 9/19/2008
OF UTILITY EASEMENT
TO BE VACATED
CITY OF COLLEGE STATION,
BRAZOS COUNTY, TEXAS
Doucet & Associates, Inc.
7401 B Hwy. 71 West, Sub 160
Austin, TX78735, Phonc. (512) 583-2600 hc (5 12) 583-2601
Am'NTPW-~~-WMRMA
wm.doucaandassociarc~.com
Scole: 1'-60'
Drawn by: A
'~eviewa~ JSW
ProJecb 001-402
Fshaet: 1 of 1
Fidd BOO^: 229
Porty Chief: JU
Survey Dote: 11 /29/07
234
Legal Description
Brazos County, Texas
FN No. 08-0012d-Part 2
D&A Job No. 001-402
EXHIBIT "A"
DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0509 ACRE
(2,217 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT
4K AND LOT 45 OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE II,
SOUTHWOOD PLAZA SUBDIVISION, AS RECORDED IN VOLUME
2153, PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY,
TEXAS, (D.RB.C.T.), ALSO BEING A PORTION OF A 20-FOOT WIDE
UTILITY EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, SAID
0.0509 ACRE TRACT OF LAM) BEING MORE PARTICULARLY
DESCRIBED BY METES AND BOUNDS AS FOLLOWS, (ALL
BEARINGS ARE BASED ON THE TEXAS STATE PLANE
COORDINATE SYSTEM, GRID NORTB; CENTRAL ZONE (4203), ALL
DISTANCES WERE ADJUSTED TO SURFACE USING A COMBINED
SCALE FACTOR OF 1.000107026389):
COMMENCING at a Mag nail with "Doucet" washer found at the easterly north corner of said
Lot 4K, being the east corner of Lot 4A of the Revised Plat of Lot 4, Block 15, Southwood
Plaza, Phase Two, as recorded in Volume 1203, Page 143, D.R.B.C.T. and the southwest comer
of Lot 3, Block 15 ofthe Correction Plat of Southwood Plaza, Phase One, as recorded in Volume
'1046, Page 591, D.R.B.C.T., said point being an interioir ell-comer of a variable width Drainage
and Utility Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase
Two, fiom which a Mag nail with "Doucet" washer found for the southeasterly most comer of
Lot 4D of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, bears
N02°01'09'W, a distance of 88.98 feet;
THENCE, over and across said Drainage and Utility Easement, with the common line of said
Lot 4K .and said Lot 4A, S50°12'33"W, a distance of 32.52 feet to a calculated point for the
northerly most wmer and POINT OF BEGINNING hereof, said point being in the west line of
said Drainage and Utility Easement,
THENCE, departing said common line of said Lot 4K and said Lot 4A, with the west line of
said Drainage and Utility Easement, S03°10'50"E, a distance of 24.92 feet to a calculated point
for the southerly most east corner hereof, said point also being in the southeasterly line of said
20-foot wide Utility Easement;
Page 1 of 2
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235
THENCE, departing the west line of said Drainage and Utility Easement, with the southeasterly
line of said 20-foot wide Utility Easement, in part over and across said Lot 4K, and in part over
and across said Lot 4J, the following three (3) courses and distances:
1. S50°12'33'W, a distance of 103.40 feet to a calculated point for the southeast
comer hereof;
2. N39O47'27'W, a distance of 20.00 feet to a calculated point for the southwest
corner hereof, from which a 112-inch iron rod with "Doucet" cap found for the
westerly common corner of said Lot 45 and said Lot 4K, bears, S50°12'33'W, a
distance of 12.52 feet, and
3. with the northwest line of said Lot 4K, and the southeast line of said Lot 4,
N50°12'33"E, a distance of 118.26 feet to the POINT OF BEGINlVING and
containing 0.0509 acre (2,217 sq. R) of land, more or less.
9-L?-as
Date
Doucet & Associates Inc.,
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
Page 2 of 2
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236
. - . &l.k A
*.t ::, t -
see+ 3a4 3
: FR~~ED~MHILL~DPAR~S~~ CU WFORD BARNL I I' LE9
LOT 3, BLOCK 15 w "mum mn i
ML 1203, PC. 143
CORRecJlONPLAT OF /------r- AND VOL 2153. PG. 93 1
0.0509 ACRE
REPLAT OF
LOT 4B, BLQCK 15. PHASE IT
\ SOUTHWOOD PLAZA SUBDIVEION
VOL 21 53, PG. 93 I
I
I - I
ALL .BEARINGS ARE BASED ON THE I
TEXAS STATE PLANE COORDINATE
SYSTEM, GRID NORM. CENTRAL ZONE j (4203), NAD83 (CORS). AU I
DISTANCES WERE ADJUSTED TO
SURFACE USING A COMBINED SCALE
FACTOR OF 1.0001 07026389.
I
GRAPHIC SCALE: 1" = 60' i
I
: ------ MISTING PROPERTY UNES ------- EXISTING EASEMENTS
1/2' IRON ROD WITH 'DOUCEl"
CAP FWND
20' U~UM ESMT. 2" IRON PIPE FWND
WL 1205, PG. 145
AND VOL 2153. PG 93 (UNLESS NOTOD)
CALCULATED POlNT
I
MAG NAIL WTH 'DWET' I
WASHER FOUND
POINT OF BEGlNNlMG
VOLUME
RIGHT-OF-WAY
LONGMIRE DRNE D.R.B.C.1. DEED RECORDS
BRAZOS CWNN, TEXAS (R.0.W. VARIES) FN IOB-Mn2dgart 2 P:\OOl-402\survey\DA-drowinqs\OOl-402 vucote-20 UE9d 2.dwg
0.0509 ACRE PORTION era Dote: 9/19/2008
OF UTILITY EASEMENT
TO BE VACATED
CITY OF COLLEGE STATION,
BRAZOS COUNTY, TEXAS
Doucet & Associates, Inc.
7401 B Hwy. 71 West, Sub 160
Austin, TX78735, Phonc. (512) 583-2600 hc (5 12) 583-2601
Am'NTPW-~~-WMRMA
wm.doucaandassociarc~.com
Scole: 1'-60'
Drawn by: A
'~eviewa~ JSW
ProJecb 001-402
Fshaet: 1 of 1
Fidd BOO^: 229
Porty Chief: JU
Survey Dote: 11 /29/07
237
238
239
240
Legal Description
Brazos County, Texas
FN No. 08-0012f-Part 1
D&A Job No. 001-402
DESCRIPTION OF A TRACT OF LAND CONTAINING 0.8004 ACRE
(34,864 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3,
BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA,
PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED
RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), AM) BEING A
PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN
ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.8004 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED
ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID'
NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED
TO SURFACE USING A COMBINED SCALE FACTOR OF
1.000107026389):
COMMENCING, at a Mag nail with '9oucef' washer found for an angle point in the south line
of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block
15, Phase LI, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93, (D.R.T.C.T.),
from which a 2-inch iron pipe found for the common easterly corner of said Lot 3, and said Lot
4K, and also being a point in the northwest Right-of-way line of Brothers Boulevard, (R.o.w.
varies), bears, S43 029'34"E, a distance of 197.66 feet;
THENCE, along the common line of said Lot 4K and said Lot 3, S87°58'05"W, a distance of
16.48 feet to a calculated point for the southeast comer and POINT OF BEGINNING hereof;
THENCE, continuing along the common line of said Lot 4K and said Lot 3, S87°58'05'W, a
distance of 184.01 feet to a Mag nail with 'Doucetyy washer found for the southwesterly corner
hereof, said point also being a common comer of said Lot 4K, and Lot 4A of the Revised Plat of
Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203, Page 143,
@.RB.C.T.), and being the southwest comer of said Lot 3;
THENCE, along the west line of said Lot 3 and the east line of said Lot 4A, in part with the east
line of Lot 4D, and in part with the east line of said Lot 4E, both of said Revised Plat of Lot 4,
Block 15, N02°01'09"W, passing at a distance of 88.98 feet a Mag nail with "Doucet" washer
found for the southeast comer of said Lot 4D and the west line of said Lot 3, also passing at a
distance of 319.68 feet a Mag nail with "Doucet" washer found for the common east corner of
said Lot 4D and Lot 4E and the west line of said Lot 3, for a total distance of 382.29 feet to a
calculated point for the northwesterly comer hereof;
fl
Page 1 of 3
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241
THENCE, over and across said Lot 3, N87O58'51"E, a distance of 588.54 feet to a calculated
point for the northeast comer hereof, said point also being in the east line of said Lot 3 and in the
west line of a Drainage and Utility R0.w. as shown on the Revised Plat of Lots 1 and 2, Block
15, Southwood Plaza, Phase One, recorded in Volume 1212, Page 483,o.RB.C.T.);
THENCE, along the common line of said Lot 3 and said Drainage and Utility Ro.w.,
S06"42'47"W, a distance of 12.77 feet to a 112-inch iron rod with "Doucet" cap found for a point
of curvature hereof;
TEENCE, continuing along the common line of said Lot 3 and said Drainage and Utility R.o.w.,
along a curve to the right, whose radius is 113.00 feet, whose delta is 06°25'14", whose arc
length is 12.66 feet, and whose chord beats, S09"55'24'W, a distance of 12.66 feet to a
calculated point for an exterior ell comer hereof;
TBENCE, over and across said Lot 3, the following four (4) courses and distances:
1. S87O58'5 l'W, a distance of 538.98 feet to a calculated point for an interior ell
corner hereof;
2. S02°01'09"E, a distance of 10.00 feet to a calculated point for an interior ell
corner hereof;
3. N87°58'51"E, a distance of 494.58 feet to a calculated point for an angle point
hereof;
4. S66°02'45"E, a distance of 37.32 feet to a calculated point for a point of curvature
hereof, said point being in the east line of said Lot 3, and in the west line of said
Drainage and Utility R.o.w.;
TEENCE, along the common line of said Lot 3, and said Drainage and Utility R.o.w., along a
curve to the right, whose radius is 1 13.00 feet, whose delta is 10°17'03", whose arc length is
20.28 feet, and whose chord bears, S32°45'40'W, a distance of 20.26 feet to a calculated point
for an exterior ell corner hereof;
Page 2 of 3
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242
THENCE, over and across said Lot 3, the following six (6) courses and distances:
1. N66O02'46'W, a distance of 29.64 feet to a calculated point for an angle point
hereof;
2. S87O58'5 lY7W, a. distance of 486.23 feet to a calculated point for an angle point
hereof;
3. S68°43'30"W, a distance of 30.40 feet to a calculated point for an interior ell
corner hereof;
4. S02°01'09"'E, a distance of 307.26 feet to a calculated point for an interior ell
corner hereof;
5. N87°58'05"E, a distance of 164.00 feet to a calculated point for an interior ell
comer hereof;
6. S02°01'55"E, a distance of 10.00 feet to the POINT OF BEGINNING and
containing 0.8004 acre (34,864 sq. ft.) of land, more or less.
?-/9-d8
Jason Ward, R.P.L.S. Daie '
/ Texas Registration No. 58 1 1
Doucet & Associates Inc.,
7401 B Hwy. 71 West, Suite 160 .
Austin, Texas 78735
Page 3 of 3
P:\O01402~eyUegals\O8-O012fgalsRevised-Part l.doc
243
VOL.. 1212, PG. 483
\ DOC #0741445
CURVE TABLE
S09'55'24"W 12.66'
Doucet & Associates, Inc.
Austin, TX 78735, Phonc: (5 12) 583-2600 hr. (5 12) 583-260 1
244
Legal Description
Brazos County, Texas
FN No. 08-0012f-Part 1
D&A Job No. 001-402
DESCRIPTION OF A TRACT OF LAND CONTAINING 0.8004 ACRE
(34,864 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3,
BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA,
PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED
RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), AM) BEING A
PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN
ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.8004 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED
ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID'
NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED
TO SURFACE USING A COMBINED SCALE FACTOR OF
1.000107026389):
COMMENCING, at a Mag nail with '9oucef' washer found for an angle point in the south line
of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block
15, Phase LI, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93, (D.R.T.C.T.),
from which a 2-inch iron pipe found for the common easterly corner of said Lot 3, and said Lot
4K, and also being a point in the northwest Right-of-way line of Brothers Boulevard, (R.o.w.
varies), bears, S43 029'34"E, a distance of 197.66 feet;
THENCE, along the common line of said Lot 4K and said Lot 3, S87°58'05"W, a distance of
16.48 feet to a calculated point for the southeast comer and POINT OF BEGINNING hereof;
THENCE, continuing along the common line of said Lot 4K and said Lot 3, S87°58'05'W, a
distance of 184.01 feet to a Mag nail with 'Doucetyy washer found for the southwesterly corner
hereof, said point also being a common comer of said Lot 4K, and Lot 4A of the Revised Plat of
Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203, Page 143,
@.RB.C.T.), and being the southwest comer of said Lot 3;
THENCE, along the west line of said Lot 3 and the east line of said Lot 4A, in part with the east
line of Lot 4D, and in part with the east line of said Lot 4E, both of said Revised Plat of Lot 4,
Block 15, N02°01'09"W, passing at a distance of 88.98 feet a Mag nail with "Doucet" washer
found for the southeast comer of said Lot 4D and the west line of said Lot 3, also passing at a
distance of 319.68 feet a Mag nail with "Doucet" washer found for the common east corner of
said Lot 4D and Lot 4E and the west line of said Lot 3, for a total distance of 382.29 feet to a
calculated point for the northwesterly comer hereof;
fl
Page 1 of 3
P:UIO 1 -402beyUegals\O8-0012fORevisededPart 1 .doc
245
THENCE, over and across said Lot 3, N87O58'51"E, a distance of 588.54 feet to a calculated
point for the northeast comer hereof, said point also being in the east line of said Lot 3 and in the
west line of a Drainage and Utility R0.w. as shown on the Revised Plat of Lots 1 and 2, Block
15, Southwood Plaza, Phase One, recorded in Volume 1212, Page 483,o.RB.C.T.);
THENCE, along the common line of said Lot 3 and said Drainage and Utility Ro.w.,
S06"42'47"W, a distance of 12.77 feet to a 112-inch iron rod with "Doucet" cap found for a point
of curvature hereof;
TEENCE, continuing along the common line of said Lot 3 and said Drainage and Utility R.o.w.,
along a curve to the right, whose radius is 113.00 feet, whose delta is 06°25'14", whose arc
length is 12.66 feet, and whose chord beats, S09"55'24'W, a distance of 12.66 feet to a
calculated point for an exterior ell comer hereof;
TBENCE, over and across said Lot 3, the following four (4) courses and distances:
1. S87O58'5 l'W, a distance of 538.98 feet to a calculated point for an interior ell
corner hereof;
2. S02°01'09"E, a distance of 10.00 feet to a calculated point for an interior ell
corner hereof;
3. N87°58'51"E, a distance of 494.58 feet to a calculated point for an angle point
hereof;
4. S66°02'45"E, a distance of 37.32 feet to a calculated point for a point of curvature
hereof, said point being in the east line of said Lot 3, and in the west line of said
Drainage and Utility R.o.w.;
TEENCE, along the common line of said Lot 3, and said Drainage and Utility R.o.w., along a
curve to the right, whose radius is 1 13.00 feet, whose delta is 10°17'03", whose arc length is
20.28 feet, and whose chord bears, S32°45'40'W, a distance of 20.26 feet to a calculated point
for an exterior ell corner hereof;
Page 2 of 3
P:\001-402\smveyUegals\08-00 12f-Revised-Part 1 .doc
246
THENCE, over and across said Lot 3, the following six (6) courses and distances:
1. N66O02'46'W, a distance of 29.64 feet to a calculated point for an angle point
hereof;
2. S87O58'5 lY7W, a. distance of 486.23 feet to a calculated point for an angle point
hereof;
3. S68°43'30"W, a distance of 30.40 feet to a calculated point for an interior ell
corner hereof;
4. S02°01'09"'E, a distance of 307.26 feet to a calculated point for an interior ell
corner hereof;
5. N87°58'05"E, a distance of 164.00 feet to a calculated point for an interior ell
comer hereof;
6. S02°01'55"E, a distance of 10.00 feet to the POINT OF BEGINNING and
containing 0.8004 acre (34,864 sq. ft.) of land, more or less.
?-/9-d8
Jason Ward, R.P.L.S. Daie '
/ Texas Registration No. 58 1 1
Doucet & Associates Inc.,
7401 B Hwy. 71 West, Suite 160 .
Austin, Texas 78735
Page 3 of 3
P:\O01402~eyUegals\O8-O012fgalsRevised-Part l.doc
247
VOL.. 1212, PG. 483
\ DOC #0741445
CURVE TABLE
S09'55'24"W 12.66'
Doucet & Associates, Inc.
Austin, TX 78735, Phonc: (5 12) 583-2600 hr. (5 12) 583-260 1
248
249
250
251
Legal Description
Brazos County, Texas
FN No. 08-0012f-Part 3
D&A Job NO. 001-402
DESCRTPTION OF A TRACT OF LAND CONTAINING 0.1217 ACRE
(5,301 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3,
BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA,
PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED
RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), AM) BEING A
PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN
ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.1217 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED
ON THE TEXAS STATE PLAME COORDINATE SYSTEM, GRID
NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED
TO . SURFACE USING A COMBMD SCALE FACTOR OF
1.000107026389):
COMMENCING, at a Mag nail with with"Doucet" washer found for an angle point in the south line
of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block
15, Phase 11, of Southwood Plaza Subdivision, recorded in Volume 21 53, Page 93, (D.R.T.C.T.),
from which a 2-inch iron pipe found for the common easterly comer of said Lot 3, and said Lot
4K, and also being a point in the northwest Right-of-way line of Brothers Boulevard, CfL0.w.
varies), bears, S43"29'34"E, a distance of 197.66 feet, also from which a Mag nail with
"Doucet" washer found for the northerly common corner of said Lot 4% and Lot 4A of the
Revised Plat of Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203,
Page 143, (D.R.B.C.T.), and being the southwest comer of said Lot 3, bears, S87"58'05'W, a
distance of 200.49 feet;
THENCE, over and across said Lot 3, N58'55'42"E, a distance of ,2232 feet to a calculated
point in a west line of a variable width Utility Easemenf as shown on said Correction Plat of
Southwood Plaza, for the southwest corner and POINT OF BEGINNING hereof;
THENCE, over and across said Lot 3 the following six (6) courses and distances:
1. with a west line of said Utility Easement, N02"01'09'W, a distance of 49.17 feet to a
calculated point for an exterior ell-comer of said Utility Easement and the northwest
comer hereof;
2. with a north line of said Utility Easement, N87°58'05''Ei, a distance of 83.72 feet to a
calculated point for an interior ell-comer of said Utility Easement and an interior ell-
comer hereof,
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252
3. with a west line of said Utility Easement, NOZOO1 '09"W, a distance of 10.00 feet to a
calculated point for an exterior ell-corner of said Utility Easement and an exterior ell-
comer hereo$
4. with a north line of said Utility Easement, N87"58'05"E, a distance of 20.00 feet to a
calculated point for an exterior ell corner of said Utility Easement and the northeast
comer hereof,
5. with an east line of said Utility Easement, S02O01'09"E, a distance of 59.19 feet to a
calculated point for the southeast corner hereof, and
6. over and across said Utility Easement, and continuing over and across said Lot 3,
S87"58'45"W, a distance of 103.72 feet to the POINT OF BEGINNING and
containing 0.1217 acre (5,301 sq. ft.) of land, more or less.
Jason Ward, RP.L.S.
/ Texas Registration No. 58 1 1
Doucet & Associates Inc.,
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
Page 2 of 2
P:\001-402heyUegals\08-00 12f-Revised-Part 3 .doc
253
FN #OB-O012fJerl 3 I DA.B.CT. 4 I I
DO~C g/lg/mo8
Scole: 1'-100'
Drown by: a
Reviewer. JSW
Project: 001-402
shsat: i of 1
Field Bo* 229
Party Chief: JM
Survey ~ote: 11 /29/07
0.1217 ACRE PORION OF
A VARIABLE WIDTH
UTILITY EASEMENT TO BE
VACATED
CITY OF COLLEGE STATION,
BRAZOS COUW, TD(AS
P:\001-402\survcy\DA~dmwings\W1-402 vocote-wioble UE-port ldwg
Doucet & Associates, I~c.
7401 B Hwy. 71 West, Suk I60
Aurdn, TX 78735. Phonr (5 12) 583-2600 ~ix (5 12) 583-260 I
AUSThL~-~rUQMMlSEm-~CAUKMHlr
www.doucetandassocia~s.com
254
Legal Description
Brazos County, Texas
FN No. 08-0012f-Part 3
D&A Job NO. 001-402
DESCRTPTION OF A TRACT OF LAND CONTAINING 0.1217 ACRE
(5,301 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3,
BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA,
PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED
RECORDS OF BRAZOS COUNTY, TEXAS, @.RB.C.T.), AM) BEING A
PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN
ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.1217 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED
ON THE TEXAS STATE PLAME COORDINATE SYSTEM, GRID
NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED
TO . SURFACE USING A COMBMD SCALE FACTOR OF
1.000107026389):
COMMENCING, at a Mag nail with with"Doucet" washer found for an angle point in the south line
of said Lot 3 and being an angle point in the north line of Lot 4K of the Replat of Lot 4B, Block
15, Phase 11, of Southwood Plaza Subdivision, recorded in Volume 21 53, Page 93, (D.R.T.C.T.),
from which a 2-inch iron pipe found for the common easterly comer of said Lot 3, and said Lot
4K, and also being a point in the northwest Right-of-way line of Brothers Boulevard, CfL0.w.
varies), bears, S43"29'34"E, a distance of 197.66 feet, also from which a Mag nail with
"Doucet" washer found for the northerly common corner of said Lot 4% and Lot 4A of the
Revised Plat of Lot 4, Block 15, of Southwood Plaza Phase Two, recorded in Volume 1203,
Page 143, (D.R.B.C.T.), and being the southwest comer of said Lot 3, bears, S87"58'05'W, a
distance of 200.49 feet;
THENCE, over and across said Lot 3, N58'55'42"E, a distance of ,2232 feet to a calculated
point in a west line of a variable width Utility Easemenf as shown on said Correction Plat of
Southwood Plaza, for the southwest corner and POINT OF BEGINNING hereof;
THENCE, over and across said Lot 3 the following six (6) courses and distances:
1. with a west line of said Utility Easement, N02"01'09'W, a distance of 49.17 feet to a
calculated point for an exterior ell-comer of said Utility Easement and the northwest
comer hereof;
2. with a north line of said Utility Easement, N87°58'05''Ei, a distance of 83.72 feet to a
calculated point for an interior ell-comer of said Utility Easement and an interior ell-
comer hereof,
Page 1 of 2
P:\001-402heyUegals\08-0012fyuRcvisededPart 3.doc
255
3. with a west line of said Utility Easement, NOZOO1 '09"W, a distance of 10.00 feet to a
calculated point for an exterior ell-corner of said Utility Easement and an exterior ell-
comer hereo$
4. with a north line of said Utility Easement, N87"58'05"E, a distance of 20.00 feet to a
calculated point for an exterior ell corner of said Utility Easement and the northeast
comer hereof,
5. with an east line of said Utility Easement, S02O01'09"E, a distance of 59.19 feet to a
calculated point for the southeast corner hereof, and
6. over and across said Utility Easement, and continuing over and across said Lot 3,
S87"58'45"W, a distance of 103.72 feet to the POINT OF BEGINNING and
containing 0.1217 acre (5,301 sq. ft.) of land, more or less.
Jason Ward, RP.L.S.
/ Texas Registration No. 58 1 1
Doucet & Associates Inc.,
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
Page 2 of 2
P:\001-402heyUegals\08-00 12f-Revised-Part 3 .doc
256
FN #OB-O012fJerl 3 I DA.B.CT. 4 I I
DO~C g/lg/mo8
Scole: 1'-100'
Drown by: a
Reviewer. JSW
Project: 001-402
shsat: i of 1
Field Bo* 229
Party Chief: JM
Survey ~ote: 11 /29/07
0.1217 ACRE PORION OF
A VARIABLE WIDTH
UTILITY EASEMENT TO BE
VACATED
CITY OF COLLEGE STATION,
BRAZOS COUW, TD(AS
P:\001-402\survcy\DA~dmwings\W1-402 vocote-wioble UE-port ldwg
Doucet & Associates, I~c.
7401 B Hwy. 71 West, Suk I60
Aurdn, TX 78735. Phonr (5 12) 583-2600 ~ix (5 12) 583-260 I
AUSThL~-~rUQMMlSEm-~CAUKMHlr
www.doucetandassocia~s.com
257
258
259
260
Legal Description
Brazos County, Texas
F'N No. 08-0012f-Part 2
D&A Job No. 001-402
EXHIBIT "A7'
DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0759 ACRE
(3,306 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3,
BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA,
PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED
RECORDS OF BWS COUNTY, TEXAS, @.RB.C.T.), AND BEING A
PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN
ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.0759 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED
ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID
NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED
TO SURFACE USING A COMBINED SCALE FACTOR OF
1.000107026389):
BEGINNING at a calculated point in the northwest Right-of-way line of Brothers Boulevard
(R.o.w. varies), and being a point in the southeast line of said Lot 3, for the northeast corner and
POINT OF BEGINNING hereof, from which a 2-inch iron pipe found in the northeast Right-
of-Way line of said Brothers Boulevard, and the south line of said Lot 3, bears along a curve to
the right, whose radius is 292.70 feet, whose delta is 09'54'1 I", whose arc length is 50.59 feet,
and whose chord bears, N70°09'5 1 "E, a distance of 50.53 feet;
THENCE, along the northwest Right-of-way line of said Brothers Boulevard, and the south line
of said Lot 3, along a curve to the left, whose radius is 292.70 feet, whose delta is 05O54'21",
whose arc length is 30.17 f"ett, and whose chord bears, S62°15'35'W, a distance of 30.16 feet to
a calculated point for the southeast comer hereof, fiom which a 2-inch iron pipe found at the
common southerly corner of said Lot 3, and the Lot 4K of the Replat of Lot 4B, Block 15, Phase
XI, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93 @.RB.C.T.), bears the
following two (2) courses and distances: along a curve to the left., whose radius is 292.70 feet,
whose arc length is 65.13 feet, and whose chord bears 552"55'55"W, a distance of 65.00 feet to
a calculated point and, S46'30'26"WY a distance of 97.86 feet;
THENCE, departing the northwest Right-of-way line of said Brothers Boulevard, over and
across said Lot 3, the following five (5) courses and distances:
1. along a south line of said variable width utility easement, N76'11'45"WY a
distance of 95.62 feet to a calculated point for an angle point hereof;
2. continuing along a south line of said easement, S87'58'05'W, a distance of 42.39
feet to a calculated point for the southwest comer hereof;
3. over and across said easement, N01°41'06'W, a distance of 29.92 feet to a
calculated point for the northwest comer hereof;
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4. along a north line of said easement, N87O58'05"E, a distance of 10.00 feet to a
calculated point for an angle point here05 and;
5. continuing along a north line of said easement, S76°11'45''E, a distance of 157.34
feet to the POINT OF BEGINNING and containing 0.0759 acre (3,306 sq. R) of
land, more or less.
n Ward, R.P.L.S. No. 581 1 Date
Doucet & Associates Inc.
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
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UNE TABLE
NO. BEARING DISTANCE
Ll N767 1'45"W 95.62'
- L2 S87'58'05"W 42.39'
. L3 N01'41'06"W 29.92'
L4 N87'58'05"E 10.00'
L5 S7671'45"E 1 57.34'
----
POINT OF BEGINNING
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Legal Description
Brazos County, Texas
F'N No. 08-0012f-Part 2
D&A Job No. 001-402
EXHIBIT "A7'
DESCRIPTION OF A TRACT OF LAND CONTAINING 0.0759 ACRE
(3,306 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING OUT OF LOT 3,
BLOCK 15 OF THE CORRECTION PLAT OF SOUTHWOOD PLAZA,
PHASE ONE, RECORDED IN VOLUME 1046, PAGE 591, OF THE DEED
RECORDS OF BWS COUNTY, TEXAS, @.RB.C.T.), AND BEING A
PORTION OF A VARIABLE WITH UTILITY EASEMENT AS SHOWN
ON PLAT RECORDED IN VOLUME 1046, PAGE 591, SAID 0.0759 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED
ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID
NORTH, CENTRAL ZONE (4203), ALL DISTANCES WERE ADJUSTED
TO SURFACE USING A COMBINED SCALE FACTOR OF
1.000107026389):
BEGINNING at a calculated point in the northwest Right-of-way line of Brothers Boulevard
(R.o.w. varies), and being a point in the southeast line of said Lot 3, for the northeast corner and
POINT OF BEGINNING hereof, from which a 2-inch iron pipe found in the northeast Right-
of-Way line of said Brothers Boulevard, and the south line of said Lot 3, bears along a curve to
the right, whose radius is 292.70 feet, whose delta is 09'54'1 I", whose arc length is 50.59 feet,
and whose chord bears, N70°09'5 1 "E, a distance of 50.53 feet;
THENCE, along the northwest Right-of-way line of said Brothers Boulevard, and the south line
of said Lot 3, along a curve to the left, whose radius is 292.70 feet, whose delta is 05O54'21",
whose arc length is 30.17 f"ett, and whose chord bears, S62°15'35'W, a distance of 30.16 feet to
a calculated point for the southeast comer hereof, fiom which a 2-inch iron pipe found at the
common southerly corner of said Lot 3, and the Lot 4K of the Replat of Lot 4B, Block 15, Phase
XI, of Southwood Plaza Subdivision, recorded in Volume 2153, Page 93 @.RB.C.T.), bears the
following two (2) courses and distances: along a curve to the left., whose radius is 292.70 feet,
whose arc length is 65.13 feet, and whose chord bears 552"55'55"W, a distance of 65.00 feet to
a calculated point and, S46'30'26"WY a distance of 97.86 feet;
THENCE, departing the northwest Right-of-way line of said Brothers Boulevard, over and
across said Lot 3, the following five (5) courses and distances:
1. along a south line of said variable width utility easement, N76'11'45"WY a
distance of 95.62 feet to a calculated point for an angle point hereof;
2. continuing along a south line of said easement, S87'58'05'W, a distance of 42.39
feet to a calculated point for the southwest comer hereof;
3. over and across said easement, N01°41'06'W, a distance of 29.92 feet to a
calculated point for the northwest comer hereof;
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4. along a north line of said easement, N87O58'05"E, a distance of 10.00 feet to a
calculated point for an angle point here05 and;
5. continuing along a north line of said easement, S76°11'45''E, a distance of 157.34
feet to the POINT OF BEGINNING and containing 0.0759 acre (3,306 sq. R) of
land, more or less.
n Ward, R.P.L.S. No. 581 1 Date
Doucet & Associates Inc.
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
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UNE TABLE
NO. BEARING DISTANCE
Ll N767 1'45"W 95.62'
- L2 S87'58'05"W 42.39'
. L3 N01'41'06"W 29.92'
L4 N87'58'05"E 10.00'
L5 S7671'45"E 1 57.34'
----
POINT OF BEGINNING
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267
268
269
Legal Description
Brazos County, Texas
FlV No. 08-0012cR
D&A Job No. 001-402
EXHIBIT "An
DESCRIPTION .OF A TRACT OF LAND CONTAINING 0.8085 ACRE
(35,219 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT
4K AND LOT 45 OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE II OF
SOUTHWOOD PLAZA SUBDMSION, RECORDED IN VOLUME 2153,
PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS,
@.RB.C.T.), ALSO BEING A PORTION OF LOT 4A, LOT 4D, AM) LOT
4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD
PLAZA, PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143,
D.R.B.C.T., AND BEING A PORTION OF A DRAINAGE AND UTILITY
EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, BLOCK 15,
PHASE n OF SOUTHWOOD PLAZA SUBDIVISION, AND SAID
CORRECTION PLAT OF SOUTHWOOD PLAZA, SAID 0.8085 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED
ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID
NORTH, CEN- ZONE (4203), ALL DISTANCES WERE ADJUSTED
TO SURFACE USING A COMBINED SCALE FACTOR OF
1.000107026389):
COMMENCING at a Mag nail with "Doucetyy washer found for the northeast corner of said Lot
4E, and being a point in the west line of Lot 3, Block 15, of the Correction Plat of Southwood
Plaza, Phase One, recorded in Volume 1046, Page 591, D.R.B.C.T., also being the southeast
comer of Lot 4F of said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, fiom
which a Zinch iron pipe found for the northwesterly corner of said Lot 3, and being a point in
the south Right-of-way line of Harvey Mitchell Parkway South, (aka. F.M. 281 8), (R.o.w.
varies), also being the northeast comer of said Lot 4F, bears, NOZOO1 'OYW, a distance of 175.65
feet;
THENCE, with the west line of said Lot 3, and the east line of said Lot 4E, S02°01'09'yE, a
distance of 25.00 feet to a calculated point for the northeast comer hereof, for the POINT OF
BEGINNING hereof;
THENCE, with the west line of said Lot 3, in part with the cast line of said Lot 4E, in part with
the east line of said Lot 4D, and in part with an east line of said Lot 4A, S02°01'0!9"E, a distance
of 648.87 feet to a Mag nail with "Doucet" washer found for an interior ell-comer hereof, said
point the easterly north comer of said Lot 4K, being the east corner of Lot 44 and the
southwesterly most comer of said Lot 3;
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THENCE, with the common line of said Lot 3 and said Lot 4K, N87°58'05"E, a distance of
13.63 feet to a calculated point for an exterior ell-comer hereof;
THENCE, leaving the south line of said Lot 3, in part over and across said Lots 4K and 4J, both
of said Replat of Lot 4B, Block 15, Phase I1 of Southwood Plaza Subdivision, and in part over
and across said Lots 4A, 4D, and 4E, all of said Revised Plat of Lot 4, Block 15, Southwood
Plaza, Phase Two, the following five (5) courses and distances:
1. with the east line of said Drainage and Utility Easement, S03O12' 17"E, a distance
of 365.51 feet to a calculated point for the southeast corner hereof,
2. S86O47'43'WW, a distance of 40.00 feet to a calculated point for the southwest
corner hereof, said point being in the east line of said Drainage and Utility
Easement,
3. with the west line of said Drainage and Utility Easement, N03O12'17'W, a
distance of 799.72 feet t0.a calculated point for an angle point hereof;
4. with the west line of said Drainage and Utility Easement, N00°59'17'W, a
distance of 216.17 feet to a calculated point for the northwest corner hereof;
5. over and across said Drainage and Utility Easemeit, N89O00'43"E, a distance of
31.46 feet to the POINT OF BEGINNING and containing 0.8085 acre (35,219
sq. ft.) of land, more or less.
Texas Registration No. 5 8 1 1
Doucet &~ssociates Inc.,
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
Date
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.I, .. .' <L+ A Crc+ 3 &3
REVISED PLAT OF
TWAS STATE PLANE COORDINATE
SYSTEM, GRID NORTH, CENTRAL
ZONE (4203), NAD83 (CORS), AIL
DISTANCES WERE ADJUSTED TO
SURFACE USING A COMBINED
SCALE FACTOR OF 1.000107026389.
EASEMENT UNE - - - EXISTING PROPERTY UNES --- EXISTING EASEMENTS
1/2" IRON ROD FWND
(UNLESS NOTED)
2" IRON PIPE FWND 1
(UNLESS NOTED)
CALCULATED POINT
MAG NAIL WM "DWCET"
WASHER FOUND
VDL VOLUME
RIGHT-OF-WAY
D.R.B.C.T. DEED RECORDS.
BRAZOS COUNlY, TEXAS
FN m~-mzc~
Dote: 9/18/2008 0.8085 ACRE PORTION OF SCO~C: 1 "=15o'
DRAI NAG€ AND UTILITY Drown by: JL
Doucet & Associates, Inc. ~ewewer: JSW
7401 6 Hwy. 71 Wm Suite 160 Project: 001-402 WEMENTToBEVACATED Mn,~7*~,fiw(SI,~26~k(5,2)~~,,
hmk err/ OF COLlKE STATION, ndd Book: 229
BRAZOS COUNTY, TEXAS AUSRL~-~PTOEC~-R~ WPORNA Porty Chief: JLI
www.doucetandassoclans.com Survey Date: 11/29/07
P:\001-402\sumy\DA4mwings\001-402 uocate-gar msernent_ravlsed.dwg 272
Legal Description
Brazos County, Texas
FlV No. 08-0012cR
D&A Job No. 001-402
EXHIBIT "An
DESCRIPTION .OF A TRACT OF LAND CONTAINING 0.8085 ACRE
(35,219 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT
4K AND LOT 45 OF THE REPLAT OF LOT 4B, BLOCK 15, PHASE II OF
SOUTHWOOD PLAZA SUBDMSION, RECORDED IN VOLUME 2153,
PAGE 93, OF THE DEED RECORDS OF BRAZOS COUNTY, TEXAS,
@.RB.C.T.), ALSO BEING A PORTION OF LOT 4A, LOT 4D, AM) LOT
4E OF THE REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD
PLAZA, PHASE TWO, RECORDED IN VOLUME 1203, PAGE 143,
D.R.B.C.T., AND BEING A PORTION OF A DRAINAGE AND UTILITY
EASEMENT AS SHOWN ON SAID REPLAT OF LOT 4B, BLOCK 15,
PHASE n OF SOUTHWOOD PLAZA SUBDIVISION, AND SAID
CORRECTION PLAT OF SOUTHWOOD PLAZA, SAID 0.8085 ACRE
TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY
METES AND BOUNDS AS FOLLOWS, (ALL BEARINGS ARE BASED
ON THE TEXAS STATE PLANE COORDINATE SYSTEM, GRID
NORTH, CEN- ZONE (4203), ALL DISTANCES WERE ADJUSTED
TO SURFACE USING A COMBINED SCALE FACTOR OF
1.000107026389):
COMMENCING at a Mag nail with "Doucetyy washer found for the northeast corner of said Lot
4E, and being a point in the west line of Lot 3, Block 15, of the Correction Plat of Southwood
Plaza, Phase One, recorded in Volume 1046, Page 591, D.R.B.C.T., also being the southeast
comer of Lot 4F of said Revised Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, fiom
which a Zinch iron pipe found for the northwesterly corner of said Lot 3, and being a point in
the south Right-of-way line of Harvey Mitchell Parkway South, (aka. F.M. 281 8), (R.o.w.
varies), also being the northeast comer of said Lot 4F, bears, NOZOO1 'OYW, a distance of 175.65
feet;
THENCE, with the west line of said Lot 3, and the east line of said Lot 4E, S02°01'09'yE, a
distance of 25.00 feet to a calculated point for the northeast comer hereof, for the POINT OF
BEGINNING hereof;
THENCE, with the west line of said Lot 3, in part with the cast line of said Lot 4E, in part with
the east line of said Lot 4D, and in part with an east line of said Lot 4A, S02°01'0!9"E, a distance
of 648.87 feet to a Mag nail with "Doucet" washer found for an interior ell-comer hereof, said
point the easterly north comer of said Lot 4K, being the east corner of Lot 44 and the
southwesterly most comer of said Lot 3;
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THENCE, with the common line of said Lot 3 and said Lot 4K, N87°58'05"E, a distance of
13.63 feet to a calculated point for an exterior ell-comer hereof;
THENCE, leaving the south line of said Lot 3, in part over and across said Lots 4K and 4J, both
of said Replat of Lot 4B, Block 15, Phase I1 of Southwood Plaza Subdivision, and in part over
and across said Lots 4A, 4D, and 4E, all of said Revised Plat of Lot 4, Block 15, Southwood
Plaza, Phase Two, the following five (5) courses and distances:
1. with the east line of said Drainage and Utility Easement, S03O12' 17"E, a distance
of 365.51 feet to a calculated point for the southeast corner hereof,
2. S86O47'43'WW, a distance of 40.00 feet to a calculated point for the southwest
corner hereof, said point being in the east line of said Drainage and Utility
Easement,
3. with the west line of said Drainage and Utility Easement, N03O12'17'W, a
distance of 799.72 feet t0.a calculated point for an angle point hereof;
4. with the west line of said Drainage and Utility Easement, N00°59'17'W, a
distance of 216.17 feet to a calculated point for the northwest corner hereof;
5. over and across said Drainage and Utility Easemeit, N89O00'43"E, a distance of
31.46 feet to the POINT OF BEGINNING and containing 0.8085 acre (35,219
sq. ft.) of land, more or less.
Texas Registration No. 5 8 1 1
Doucet &~ssociates Inc.,
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
Date
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.I, .. .' <L+ A Crc+ 3 &3
REVISED PLAT OF
TWAS STATE PLANE COORDINATE
SYSTEM, GRID NORTH, CENTRAL
ZONE (4203), NAD83 (CORS), AIL
DISTANCES WERE ADJUSTED TO
SURFACE USING A COMBINED
SCALE FACTOR OF 1.000107026389.
EASEMENT UNE - - - EXISTING PROPERTY UNES --- EXISTING EASEMENTS
1/2" IRON ROD FWND
(UNLESS NOTED)
2" IRON PIPE FWND 1
(UNLESS NOTED)
CALCULATED POINT
MAG NAIL WM "DWCET"
WASHER FOUND
VDL VOLUME
RIGHT-OF-WAY
D.R.B.C.T. DEED RECORDS.
BRAZOS COUNlY, TEXAS
FN m~-mzc~
Dote: 9/18/2008 0.8085 ACRE PORTION OF SCO~C: 1 "=15o'
DRAI NAG€ AND UTILITY Drown by: JL
Doucet & Associates, Inc. ~ewewer: JSW
7401 6 Hwy. 71 Wm Suite 160 Project: 001-402 WEMENTToBEVACATED Mn,~7*~,fiw(SI,~26~k(5,2)~~,,
hmk err/ OF COLlKE STATION, ndd Book: 229
BRAZOS COUNTY, TEXAS AUSRL~-~PTOEC~-R~ WPORNA Porty Chief: JLI
www.doucetandassoclans.com Survey Date: 11/29/07
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276
277
278
Legal Description
Brazos County, Texas
FN No. 08-0012eR
D&A Job No. 001402
EXHIBIT "A"
DESCRIPTION OF A TRACT OF LAND CONTAINING 0.2874 AClRE
(12,521 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT
44 LOT 4D, AND LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK
15, OF SOUTHWOOD PLAZA, PHASE TWO, RECORDED IN VOLUME
1203, PAGE 143, OF THE DEED RECORDS OF BRAZOS COUNTY,
TEXAS, @.RB.C.T.), ALSO BEING A PORTION OF A VARIABLE
WIDTH DRAINAGE AND UTILITY EASEMENT AS SHOWN ON SAID
REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA,
PHASE TWO, SAID 0.2874 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE
(4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A
COMBINED SCALE FACTOR OF 1.000107026389):
COMMENCING at a Mag nail with c'Doucet" washer found for the southwest corner of Lot 4F
of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, and being an interior ell-
comer of said Lot 4A, said point also being a point in the south line of a 20-foot wide Utility
Easement as recorded in Volume 1203, Page 143, D.R.B.C.T., from which a 112-inch iron rod
found at an angle point in the west line of said Lot 4F, also being an angle point in the northeast
line of said Lot 4A, bears, N23"08'34'W, a distance of 50.00 feet;
THENCE, departing the southwest corner of said Lot 4F, and the interior ell comer of said Lot
44 and the south line of a 20-foot wide Utility Easement, over and across said Lot 44 with the
west line of said Drainage and Utility Easement, S25°50'27"E7 a distance of 25.03 feet to a
calculated point for the northwest corner and POINT OF BEGINNING hereof,
TBENCE, in part over and across said Lots 44 4D, and 4E, all of said Revised Plat of Lot 4,
Block 15, Southwood Plaza, Phase Two, the following ten (1 0) courses and distances:
over and across said Drainage and Utility Easement, N66O51'26"E, a distance of
20.02 feet to a calculated point for the northeast comer hereof,
with the east line of said Drainage and Utility Easement, S25O50'27''EE, a distance
of 277.07 feet to a calculated point for an angle point hereof,
N87'54'48"E, a distance of 32.76 feet to a calculated point for an angle point
hereoc said point being in the west line of a variable width Drainage and Utility
Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza,
Phase Two, D.R.B.C.T.,
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279
4. with the west line of said Drainage and Utility Easement as shown on said
Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, S03°10'50'yE, a
distance of 58.84 feet to a calculated point for the southeast corner hereof, and
being the beginning of a non-tangent curve to the left,
5. 27.40 feet along the arc of said curve to the left, having a radius of 190.00 feet,
through a central angle of 08"15'51", whose chord bears, S68"16'319W, a
distance of 27.38 feet to a calculated point for the southerly most corner hereof
6. N25O50'27'W, a distance of 40.79 feet to a calculated point for an interior ell-
comer hereof,
7. S53"49'29'W, a distance of 94.62 feet to a calculated point for the southwestern
comer hereof,
8. over and across said Drainage and Utility Easement as shown on said Revised
Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, N29"30'25'W, a
distance of 47.74 feet,
9. N55°10'54"E, a distance of 97.33 feet to a calculated point for an interior ell-
comer hereof, said point being in the west line of said Drainage and Utility
Easement, and
10. with the west line of said Drainage and Utility Easement, N25°50'27'W, a
distance of 256.90 feet to the POINT OF BEGINNING and containing 0.2874
acre (12,521 sq. R) of land, more or less.
49 /-~ Texas ason Ward, Registration R.P.L.S. No. 58 1 1
Doucet & Associates hc.,
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
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281
Legal Description
Brazos County, Texas
FN No. 08-0012eR
D&A Job No. 001402
EXHIBIT "A"
DESCRIPTION OF A TRACT OF LAND CONTAINING 0.2874 AClRE
(12,521 SQUARE FEET) SITUATED IN THE CRAWFORD BARNETT
LEAUGE, IN BRAZOS COUNTY, TEXAS, BEING A PORTION OF LOT
44 LOT 4D, AND LOT 4E OF THE REVISED PLAT OF LOT 4, BLOCK
15, OF SOUTHWOOD PLAZA, PHASE TWO, RECORDED IN VOLUME
1203, PAGE 143, OF THE DEED RECORDS OF BRAZOS COUNTY,
TEXAS, @.RB.C.T.), ALSO BEING A PORTION OF A VARIABLE
WIDTH DRAINAGE AND UTILITY EASEMENT AS SHOWN ON SAID
REVISED PLAT OF LOT 4, BLOCK 15, OF SOUTHWOOD PLAZA,
PHASE TWO, SAID 0.2874 ACRE TRACT OF LAND BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS, (ALL BEARINGS ARE BASED ON THE TEXAS STATE
PLANE COORDINATE SYSTEM, GRID NORTH, CENTRAL ZONE
(4203), ALL DISTANCES WERE ADJUSTED TO SURFACE USING A
COMBINED SCALE FACTOR OF 1.000107026389):
COMMENCING at a Mag nail with c'Doucet" washer found for the southwest corner of Lot 4F
of said Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, and being an interior ell-
comer of said Lot 4A, said point also being a point in the south line of a 20-foot wide Utility
Easement as recorded in Volume 1203, Page 143, D.R.B.C.T., from which a 112-inch iron rod
found at an angle point in the west line of said Lot 4F, also being an angle point in the northeast
line of said Lot 4A, bears, N23"08'34'W, a distance of 50.00 feet;
THENCE, departing the southwest corner of said Lot 4F, and the interior ell comer of said Lot
44 and the south line of a 20-foot wide Utility Easement, over and across said Lot 44 with the
west line of said Drainage and Utility Easement, S25°50'27"E7 a distance of 25.03 feet to a
calculated point for the northwest corner and POINT OF BEGINNING hereof,
TBENCE, in part over and across said Lots 44 4D, and 4E, all of said Revised Plat of Lot 4,
Block 15, Southwood Plaza, Phase Two, the following ten (1 0) courses and distances:
over and across said Drainage and Utility Easement, N66O51'26"E, a distance of
20.02 feet to a calculated point for the northeast comer hereof,
with the east line of said Drainage and Utility Easement, S25O50'27''EE, a distance
of 277.07 feet to a calculated point for an angle point hereof,
N87'54'48"E, a distance of 32.76 feet to a calculated point for an angle point
hereoc said point being in the west line of a variable width Drainage and Utility
Easement as shown on said Revised Plat of Lot 4, Block 15, Southwood Plaza,
Phase Two, D.R.B.C.T.,
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4. with the west line of said Drainage and Utility Easement as shown on said
Revised Plat of Lot 4, Block 15, Southwood Plaza, Phase Two, S03°10'50'yE, a
distance of 58.84 feet to a calculated point for the southeast corner hereof, and
being the beginning of a non-tangent curve to the left,
5. 27.40 feet along the arc of said curve to the left, having a radius of 190.00 feet,
through a central angle of 08"15'51", whose chord bears, S68"16'319W, a
distance of 27.38 feet to a calculated point for the southerly most corner hereof
6. N25O50'27'W, a distance of 40.79 feet to a calculated point for an interior ell-
comer hereof,
7. S53"49'29'W, a distance of 94.62 feet to a calculated point for the southwestern
comer hereof,
8. over and across said Drainage and Utility Easement as shown on said Revised
Plat of Lot 4, Block 15, of Southwood Plaza, Phase Two, N29"30'25'W, a
distance of 47.74 feet,
9. N55°10'54"E, a distance of 97.33 feet to a calculated point for an interior ell-
comer hereof, said point being in the west line of said Drainage and Utility
Easement, and
10. with the west line of said Drainage and Utility Easement, N25°50'27'W, a
distance of 256.90 feet to the POINT OF BEGINNING and containing 0.2874
acre (12,521 sq. R) of land, more or less.
49 /-~ Texas ason Ward, Registration R.P.L.S. No. 58 1 1
Doucet & Associates hc.,
7401 B Hwy. 71 West, Suite 160
Austin, Texas 78735
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December 11, 2008
Regular Agenda Item No. 7
Public Hearing and Consideration of Budget Amendment # 1
To: Glenn Brown, City Manager
From: Jeff Kersten, Chief Financial Officer
Agenda Caption: Public Hearing, presentation, possible action, and discussion on
an ordinance Budget Amendment #1 amending ordinance number 3114 which will
amend the budget for the 2008-2009 Fiscal Year and authorizing amended
expenditures in the amount of $13,711,589.
Recommendation(s): Staff recommends the City Council hold the public hearing
on Budget Amendment #1, and approve the budget amendment ordinance.
Summary: The proposed budget amendment is to increase the appropriations for
the items listed below by $13,711,589. The charter of the City of College Station
provides for the City Council to amend the annual budget in the event there are
revenues available to cover increased expenditures and after holding a public hearing
on such budget amendment. A number of items have been identified that need to be
considered in a budget amendment. Attached is a list of the items in the proposed
budget amendment.
Budget & Financial Summary: The City has resources or can reasonably expect
resources to cover each of the appropriations in this budget amendment.
Attachments:
1. Budget Amendment #1 Detail List
2. Ordinance
285
Fiscal Year 2008-2009 Budget Amendment #1
The proposed budget amendment is to increase the appropriations for the items listed below by
$13,711,589.
1. 2008 GOB Projects: $9,723,000
On November 4, 2008, City of College Station voters approved a General Obligation
Bond package in the amount of $76,950,000. The projects included in the bond package
are projected to be completed over a period of seven years. This item will appropriate the
funds that are anticipated to be needed in year one (FY09). General Obligation Bond
funds are projected to be issued for each of these projects later this fiscal year. Below is
a summary the appropriations needed for the projects that are anticipated to begin in
FY09:
Fire Station #6: $6,990,000
The total budget for this project is $6,990,000. It is anticipated that $720,000 will be
expended on design in FY09 and the balance will be expended in FY10 on construction.
As it is likely this project will be delivered as a Construction Manager at Risk project,
meaning design and construction will be brought forth to Council at one time, the total
budget for the project is being appropriated as part of this budget amendment. This item
will appropriate the budget for this project in the General Government Facilities and
Technology Capital Improvement Projects Fund.
Skate Park: $920,000
The total budget for this project is $920,000. It is anticipated that $105,000 of these funds
will be expended on design in FY09 and the balance will be expended in FY10 on
construction. As it is likely this project will be delivered as a Construction Manager at Risk
project, meaning design and construction will be brought forth to Council at one time, the
total budget for the project is being appropriated as part of this budget amendment. This
item will appropriate this portion of the budget for this project in the Parks Capital
Improvement Projects Fund.
Creekview Neighborhood Park: $515,000
The total budget for this project is $515,000. It is anticipated that these funds will be
expended in FY09. This item will appropriate the budget for this project in the Parks
Capital Improvement Projects Fund.
Neighborhood Parks Revolving Fund: $500,000
The total budget for this project is $1,000,000. It is anticipated that $500,000 of these
funds will be expended in FY09 and the balance will be expended in FY10. This item will
appropriate this portion of the budget for this project in the Parks Capital Improvement
Projects Fund.
Neighborhood Park Improvements: $290,000
The total budget for this project is $900,000. It is anticipated that $290,000 of these funds
will be expended in FY09 on the first phase of park improvements. This item will
appropriate this portion of the budget for this project in the Parks Capital Improvement
Projects Fund.
Hike and Bike Trail Completion: $333,000
The total budget for this project is $1,000,000. It is anticipated that $333,000 of these
funds will be expended in FY09 and the balance will be expended in FY10 and FY11.
This item will appropriate this portion of the budget for this project in the Streets Capital
Improvement Projects Fund.
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Victoria Avenue: $175,000
The total budget for this project is $2,455,000. It is anticipated that $175,000 of these
funds will be expended on design in FY09 and the balance will be expended in FY10 and
FY11 on construction. This item will appropriate this portion of the budget for this project
in the Streets Capital Improvement Projects Fund.
2. Convention Center Land Purchase: $2,600,000
On October 23, 2008, Council approved a real estate contract in the amount of
$9,600,000 for the purchase of the Chimney Hills shopping center. The site is proposed
for a future Convention Center. $7,000,000 for the acquisition is being funded from the
FY09 Hotel Occupancy Tax Fund. The additional $2,600,000 will be funded from
Certificates of Obligation scheduled to be issued later this fiscal year. $7,000,000 has
been appropriated in FY09 in the Convention Center Fund. This item will appropriate the
remaining $2,600,000 in the Convention Center Fund.
3. Proposed Convention Center Site - Operations and Maintenance: $150,000
On October 23, 2008, Council approved a real estate contract in the amount of
$9,600,000 for the purchase of the Chimney Hills shopping center. The site is proposed
for a future Convention Center. This budget amendment item is for operations and
maintenance (O&M) costs for the facilities that currently exist on the property. There are
several businesses on the property with outstanding leases. The O&M costs may include
utility costs, property management costs and the cost of the addition of a new roof on the
portion of the facility that will remain once the Convention Center is completed. Estimates
of the O&M costs are preliminary and an additional FY09 budget amendment item may
be brought forth to Council in the future for additional anticipated expenses. It is expected
that the cost of the O&M for the site will be recovered through lease revenue generated
from current tenants. This item will appropriate funds in the Convention Center Fund for
the O&M costs related to the facility.
4. Equipment Replacement Purchase (Fire pumper & WWTP slinger truck); $561,000
The Fire Suppression division requests $525,000 be re-appropriated to purchase a fire
pumper truck that was originally scheduled for replacement in FY07. The funds were
encumbered at the end of FY07, but were unable to be spent because American
LaFrance Pumper filed for bankruptcy in 2008. The funds were not able to be
encumbered or spent in FY08. Funds are available for this item in the Equipment
Replacement Fund balance.
In addition, the regular replacement cost of the WWTP slinger truck is expected to
exceed budget estimates by $75,000; this purchase is partially offset by savings from the
replacement cost of a Sanitation brush truck, which should be under budget by $39,000.
The net funds necessary for this purchase is $36,000, which is available in the
Equipment Replacement Fund balance.
5. Economic Development Comprehensive Plan (DS0603): $100,000
FY08 funds appropriated in the Economic Development fund for the Economic
Development portion of the Comprehensive Plan, administered by Planning and
Development Services, were not transferred because the work was not completed in
FY08. Funds will be transferred from the Economic Development Fund to the General
Fund for expenditure. This item will appropriate funds in both the Economic Development
Fund and the Development Services department in the General Fund to complete the
project ($50,000 will be appropriated in each fund).
6. First Street Maintenance Funds $104,498
Economic Development has acquired the maintenance portion of City-owned property on
First Street. Funds are requested in the Economic Development Fund for asbestos
abatement and demolition ($48,588), site work ($43,910), and mowing maintenance
287
($12,000) on the property. This item will appropriate funds in the Economic Development
fund for the maintenance of the property. Funds are available in the Economic
Development Fund. In addition, capital improvement funds from the Northgate
Improvements Fund will be used to provide a fence around this property; this portion of
the project is estimated at $25,000.
7. Trade Show Display: $6,500
The trade show display is a tool to promote the City of College Station and the
Department of Economic and Community Development. Additionally, the display will be
used in support of local retailers and retail development. Funds will be used for the
development and printing of promotional material ($3,000) and for the purchase of the
graphic design ($3,500) for the professional booth/display that was bought during FY08.
This budget amendment is requested to allow for the purchase of these services and
materials in FY 09. Funds are available for this item in the General Fund.
8. Fiscal Impact Modeling training: $5,000
Fiscal Impact Modeling software allows the City to evaluate the fiscal impact of
development, incentive proposals, land / development regulations, and tax / fee impacts
on the local development of the community. The original proposal submitted for the
Impact Modeling Software project included training ($5,000) following the development of
the local retail database. Once the local retail database is in place, representatives from
the vendor can train our staff on the full capabilities of the software package. These
training expenses will allow the vendor to develop training tailored specifically to COCS
projects. This budget amendment is requested to allow for the purchase of this training in
FY09. Funds are available in the General Fund for this purchase.
9. Water Pressure Reducing Device: $50,000
In FY08, an SLA in the amount of $50,000 was approved in the Water Services
Department. The SLA was for a Pressure Reducing Device that is intended to reduce the
water pressure on the 18” water line along Greens Prairie Road. The water distribution
system pressures in the Greens Prairie area far exceed normal operating system
pressures which results in higher customer consumption, more wear and tear on the
infrastructure and difficulty in equalizing distribution supply during times of high demand.
The funds for the device were not expended in FY08 and this item will appropriate the
funds to the Water Services Department’s budget for expenditure in FY09.
10. Construction Inspector Position: $43,578
This item is for the addition of one Full Time Equivalent (FTE) Construction Inspector
position in the Public Works Department. The incumbent in this position will be primarily
responsible for providing inspection services on Water and Wastewater Capital
Improvement projects and will initially spend a significant portion of his/her time providing
inspection services on the Water Well #7 Collection Line. This position will be budgeted
in Public Works Engineering, but funding will ultimately come from the Water and
Wastewater CIP when the Inspector’s time is charged to the Utility work orders.
11. Northgate Parking Garage Security Camera System Upgrade: $48,848
The Parking division requests that $48,848 in approved FY08 SLA funds be carried
forward into FY09. These funds are allocated for enhancement and upgrade of the
existing security camera system in the Northgate Parking Garage. This project was not
completed in FY 08. Funds are available for the purchase of this item in the Northgate
Parking Fund.
12. Aggie Field of Honor: $39,689
These funds were budgeted in the Memorial Cemetery Fund in FY08 and were dedicated
to market the sale of lots in the Aggie Field Of Honor project. The balance of funds exists
as not all advertising was placed due to delays with TAMU licensing agreement and
288
approval processes over the summer. Funds for this item are available in the Memorial
Cemetery Fund.
13. Deputy Fire Marshal Vehicle appropriations: $30,000
Funds in the amount of $30,000 need to be appropriated in the Equipment Replacement
Fund for the truck expense incurred by the addition of a FY09 approved SLA for a Deputy
Fire Marshal position in the Fire Prevention division. Funds were budgeted to be spent,
but were missed on the fund summary portion of the budget document. Funds for this
item are available in the Equipment Replacement Fund.
14. Veterans Memorial payment: $50,000
An additional $50,000 for Outside Agency payment to Veterans Memorial is proposed to
be appropriated in the Hotel Tax fund. These funds were budgeted in the FY08 Hotel Tax
fund contingency line item, but not expended. These funds remain in the fund balance
and are available for FY09. The addition of these funds will increase the FY09 Veterans
Memorial funding to a total of $100,000. The FY09 approved budget already included
$50,000 for the original FY09 request. Funds for this item are available I the Hotel Tax
Fund.
15. Channel 19 Improvements: $13,664
Public Communications requests $13,664 in TV19 EG fee funds be appropriated to
complete the rewiring the upgraded operations of the TV19 control room. This project will
include an automation playback system ($6,929), USB 500GB media drive ($738), deck
control for vcr / dvd ($250), a dvd / mini dv player recorder ($979), and the lot delivery,
set-up, install and rewiring of the current system ($3,500). These funds are available in
the General Fund.
16. Police Department Justice Assistance Grant (JAG) Grant (GT0505): $19,145
This item appropriates the resources for the City’s portion of the 100% 2007 Edward
Byrne Memorial Justice Assistance Grant Program (CFDA# 16.579 – grant # 2007-DJ-
BX-1002) award through their inter-local agreement application with the City of Bryan and
Brazos County, which were not expended in FY08. Funds in the amount of $13,880 will
be appropriated to the Quartermaster division for the purchase of crowd control
equipment and $5,265 will be appropriated to the Administrative division for the purchase
of a computer and multimedia equipment to facilitate Com-Stat presentations. In addition,
this item increases the police federal grant revenue budget by the same amount. The
grant funds are available in the General Fund balance.
17. Governor’s Division of Emergency Management (GDEM) FY08 Homeland Security
Grant: $166,667:
This item is for the appropriation of resources for the grant the City of College Station has
been awarded through the GDEM. The funds will be used by city departments to
purchase equipment that will enhance the City’s response capabilities to terrorist threats
or incidents. The City will be reimbursed 100% of expenses. The grant funds will be
available in the General Fund balance.
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December 11, 2008
Regular Agenda Item 8
Arts Council Building Renaming
To: Glenn Brown, City Manager
From: City Manager’s Office
Agenda Caption: Presentation, possible action, and discussion on renaming the P.
David Romei Arts Center.
Recommendation(s): The Executive Committee of the Arts Council Board of
Directors recommended at their November 25 meeting to remove the name of P.
David Romei from the Arts Council Building. The full Arts Council Board of Directors
met on December 2 and also concurs with the recommendation to remove all
references to Romei from the Arts Council Building as stated in the attached letter.
Summary: This item was requested at the November 24 City Council meeting as
well as by the Arts Council Executive Committee at their meeting on November 25
and the full Arts Council Board on December 2. The following provides a little
background on the original naming:
· A letter from Bobby Bisor, then President of the ACBV, was read at the March
27, 2003 City Council meeting. In that letter, he explains the Board's
Executive Committee's recommendation on naming the new facility "P. David
Romei at Wolf Pen Creek"
· At that same meeting, a motion was made to endorse the Board's Executive
Committee's recommendation in naming the new facility "P. David Romei at
Wolf Pen Creek"
· The Board of Directors of the ACBV then unanimously accepted and adopted
the Mayor's and Council's resolution
Budget & Financial Summary: The attached letter from the Arts Council also
requests College Station’s financial assistance in the costs related to the removing of
the name. If future actions are taken to rename the building through donations to
the Arts Council, the Arts Council will in turn seek to reimburse the City for its
assistance in the removal of the name.
Attachments:
1. Letter from the Arts Council
2. City of College Station Guidelines for the Naming of Public Facilities
295
HAND
DEC 0 1 2000
DELIVERED
MITCH MOREHEAD
PRFS1Dl:ST-I<LLC. I 3 December 2008
SUE LEE
IRL.ISLREK
Mayor Ben White
TOM WILKINSON
SF.C:lZrT \I<>.
City Council of College Station
City of College Station
THOM LE~IMONS
\-Ic:ll rnrsIl1rh-r olr:\F1:Il.,.~~~~ IREL\I ICISS College Station, TX 77840
Dear Mayor and Council Members:
PETER CANNEY
SHERYLOK CARROLL The Arts Council of the Brazos Valley hereby concurs in the efforts to remove
KAY CONLEE all reference to P. David Romei from the Arts Council building on Dartmouth
JOHN HAPP Street.
PENELOPE KOSZTOLNYIK
MILES MARKS The Arts Council also requests the City of College Station's financial
LYNN IMCILHANEY assistance in the costs related to this action.
GUADALUPE KEYES. JR.
KAY RICE If in the future actions are taken to rename the building through donations to
JULIE RICH the Arts Council, the Arts Council will in turn attempt to seek reimbursement
to the City for its assistance in the removal of the name.
PADR~IC L FISHER
L\l ( l I I\ 1 llll<l <TO!<
The Board of Directors of the Arts Council of the Brazos Valley is
appreciative of the City of College Station's efforts and assistance in this
matter. Please do not hesitate to contact me if there are any questions.
Sincerely,
Carol A. Wagner (l'
2275 Dartmouth Street
CoIIege Station . Texas . 77840
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Revised Guidelines for the Naming of Public Facilities
Approved by City Council on April 8, 2004
Page 1
City of College Station, Texas
GUIDELINES FOR THE NAMING OF PUBLIC FACILITIES
Approved April 8, 2004 - Agenda Item 10.10
Purpose
The purpose of these guidelines is to establish a systematic and consistent approach for the official
naming of public facilities in the City of College Station, including parks, facilities, recreational areas,
streets, and municipal buildings.
Objectives
· Ensure that parks, facilities, recreational areas, and municipal buildings are easily identified and
located.
· Ensure that given names to parks, facilities, recreational areas, and municipal buildings are
consistent with the values and character of the area or neighborhood served.
· Encourage public participation in the naming, renaming, and dedication of parks, facilities,
recreational areas, and municipal buildings.
· Encourage the dedication of lands, facilities, or donations by individuals and/or groups.
· Advance the reputation of the City as well as increase the understanding and public support for its
programs.
Criteria
The practice of the City of College Station is to name parks, recreation areas, facilities, and municipal
buildings through an adopted process utilizing the above objectives, emphasizing community values
and character, local and national history, geography, the environment, civics, and service to the City
of College Station. Therefore, the following criteria shall be used in determining the appropriateness
of the naming designation:
· Neighborhood, geographic, or common usage identification;
· A historical figure, place, event, or other instance of historical or cultural significance;
· National and state historical leaders or heroes, both past and present;
· An individual, living or deceased [a] who has made a significant land and/or monetary contribution
to the park, recreation area, facility, or municipal building, or [b] who has had the contribution
made “In Memoriam” and when the name has been stipulated as a condition of the donation;
· An individual, living or deceased, who has contributed outstanding civic service to the City;
· Predominant plant materials; or
· Streams, rivers, lakes, and creeks.
Facilities or specialized areas may have a name different from that of the larger park, recreation area,
facility, or municipal building.
When feasible, the process to name parks, recreation areas, facilities, and municipal buildings should
begin within twelve (12) months after the City has acquired title to the land and/or formally accepted
the dedication.
123297
Revised Guidelines for the Naming of Public Facilities
Approved by City Council on April 8, 2004
Page 2
Names that are similar to existing parks, recreation areas, facilities, and municipal buildings should
not be considered in order to minimize confusion.
Renaming
The City reserves the right to change the name of a park, recreation area, facility or municipal building
to maintain consistency with these guidelines. However, renaming carries with it a much greater
burden of process compared to initial naming. Tradition and continuity of name and community
identification are important community values. Each request to rename must meet the criteria of this
policy, but meeting all criteria does not ensure renaming.
Procedures
Upon approval of these guidelines by Council, procedures consistent with the guidelines will be
developed. It is anticipated that naming/renaming requests will be submitted to the City Manager.
The Manager will then forward the request through an appropriate board, committee, or organization
or directly to the City Council for approval. (For example, if the naming or renaming request is for a
parks facility, the City Manager will submit the request to the Parks and Recreation Advisory Board
who will review and make a recommendation. The City Manager will review that recommendation and
then submit it to Council for approval.)
The City Council may, upon its own initiative, name or rename a City facility without following these
guidelines. An individual council member may submit a naming suggestion to the City Manager, who
will then apply the guidelines and procedures.
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