HomeMy WebLinkAbout09/23/2004 - Regular Minutes City CouncilMayor
Pon bfiwa
Mayor Pro Tempore
Demus Maloney
City Manager
Thomas E Brymer
Minutes
College Station City Council
Cit7 Council
James Masse.v
John Happ
Robert Waremg
Susan Lancaster
Nancy Ben~'
Workshop and Regular Meetings
Thursday, September 23, 2004 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor Silvla, Mayor Pro Tern Maloney, Council
members Massey, Happ. Wareing, Lancaster, Berry
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney
Cargill Jr., City Secretary Hooks, Assistant City SecretsO' Casares
Mayor S.lvia called the meeting to order at 3:10 p.m.
Workshop Agenda item No. 1 - Discussion of consent agenda items listed for Regular
Council Meeting.
11.9 --Discussion and possible action on an ordinance amending Chapter 11, "Utihties"
Section 2, "Water and Sewer services." of the Code of Ordinances of the City of College
Station, Texas having the effect of raising rates for sewer services an average ot' three percent
13%). City Manager Brymer explained that the proposed rate would increase Wastewater
revenues by approximately $300,000 annually which is an overall revenue increase of 3%.
The customer classes will receive smaller or greater increases based on usage and other factors,
a few customers will receive a decrease The rate for each customer class is based on the cost
of service for that class.
11.14 - Presentation, discussion and possible action on market adjustments for City of College
Station appointed officers. Mayor Sflvia explained lhat the pay plan adopted in the 2004-2005
Budget includes a market level adjustment for all employees. The Mayor believes it should
,nclude a market adjustment tbr appointees as well Other counellmembers indicated that this
adjustment should be considered during the annual evaluations of each appointee Following
further discussion, the consensus of the City Council was to table the item until a policy could
be implemented
Workshop Agenda item No. 2 - Presentation~ discussion and possible action reeardine
the City Center Committee quarterly update.
Vice Chairman of the City Center Committee Dr P David Romei briefed the City Council on
the City Center Committee activities The Committee completed Phase One of the
development and has engaged the professional services of Bottino Orund Architects of Austin
and New York They will prepare the committee for the schematic approach and confirm the
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College Station Council Meeting 9/23/04 Page 2
goals of the study m accordance with the directions given by the City Council. Also, they will
assess the site and review previous proposals for the City Center They will verify program
components, develop a conceptual site plan, make recommendations for the architectural
character, project budget, a cost model, and a project schedule. The Ci.ty Center Committee
proposed naming Krenek Tap Road to "City Center Avenue" The City Center Committee
proposed the Cit) Hall and the adlacem property be appraised for the possibility of selling the
property early on in order to have additional funds for Phase One.
The City Council concurred with the appraisal for the City Hall property
Workshop Agenda item No. 3 - Presentation, discussion and possible action on a ioint
meetina with the Planninz and Zonln~, Commission regarding city initiated rezoning
relative to the Comprehensive Plan and redevelopment issues.
Planning and Zoning Commission Chairman Scott Schafer opened the Planning and Zoning
Commission meeting at 3:52 p.m.
Planning and Zoning Commissioners presem: Scott Schafer, Ben White, Bill Davis. Ken
Reynolds, John Nichols
Development Services Director Joey Dunn remarked that some properties are zoned
appropriately but the Comprehensive Plan shows a different land use. Another consideration is
the amendment of the Plan. Some areas have commerctal zoning designations and are shown
for non-commercial uses on the Comprehensive Plan. These instances may require a City-
initiated rez~mng m order to bring zoning design into compliance with the Comprehensive
Plan
City Planner Jane Kee described tbur examples of locations that could fit within this
description including single-family residential property located on or near major commercial
corridors Ms. Kee explained that the current zoning may limit redevelopment; it also limits
the risk of commercial businesses locating in residential structures. Additionally, some
properties have been commercially developed but do not have the appropriate zoning Thi~ can
severely encumber the commercial redevelopment potential of a property that was developed
commercial usc.
Economic and Community Development Director Klm Foutz presented a brief overview of
redevelopmem and redevelopment overlay. She noted that redevelopment may include
consolidation of property and higher utilization, demohshmg and start over, new faqade, and
gelling interior with minor exterior upgrades. Redevelopment does not include minor
maintenance or general code enforcement. Ms. Foutz highhghted the purpose tbr
redevelopment and the barriers of redevelopment. She described the following three
implementation options'
· Rezone certain underutilized property
· Land use map amendment
· Redevelopment overlay district
Funding Incentives are'
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· Demolition costs
· Infrastructure
· Reconfigure access, traffic lights
· Non- monetary assistance including code trade-off
Ms Fontz displayed pictures of potential properties that would qualify for redevelopment
overlay. She also described possible rezxming and redevelopment for five sites
Staff proposed the following recommendations.
· Consider rezomng selected properties.
· Consider Redevelopment Overlay for select properties.
· Consider identifying new areas for redevelopment on the Comprehensive Plan
Mayor Pro Tern Maloney directed staff to notify the property owners in the selected twelve
properties identified by staff for posstble rezoning and approve the redevelopment overlay for
selected properties identified by staff. His direction also included presenting a proposed plan
identifying new areas for redevelopment on the Comprehensive Plan to the Planning and Zoning
Commission for their recolmnendation, betbre the proposed plan is presented to the Cit~
Council Wareing seconded the motion, which carried unanimously, 7-0.
FOR: Silvia. Maloney. Massey, Happ. Wareing. Lancaster. Berry.
AGAINST. None
Planning and Zoning Cormmssion Chairman Scott Schafer cloud the Planning and Zoning
meeting at 5:15 p m
The Council recessed for a short break at 5 19 p.m and returned to the workshop meeting at 5'35
p.m
Workshop Agenda Item No. 4 - Presentation~ discussion and possible action re~ardint, the
Bryan-College Station Metropolitan Planning Organization's (MPO) prioritization of
transportation proiects.
Transportation Planner Ken Fogle de~ribed the Bryan-College Station Metropolitan Planning
Organizatton (MPO) functions and membership. Currently the MPO is preparing the updated
2005 Metropolitan Transportation Plan. This 20 year planning document provides framework
for the short and long range strategies for development of an lntermodal transportation system
for Brazos County. This plan is updated every five years as well as tire new goals. The five
goals were used in developing criteria for this project prioritizanon list An important part of the
plan is the pnoriuzation of federally funded transportation projects This priority list is used by
the Texas Department of Transportation in selecting projects to implement in Brazos County
The adoption of this priority list is a two-step process. First. the Technical Advisory Commtttee
(TAC) develops the draft priontization list of projects Second, the Policy Committee IPC~
reviews the draft pnormzation list, makes necessary changes, and makes the final pnoritization
list that is included in the MTP.
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Mr. Fogle and the City Council reviewed the draft Metropolitan Planning project pr~ontization
list and paid particular attention to the major transportaBon projects for the C~ty of College
Station 'I he City Councd expressed concerns regarding the ranking of the proposed projects.
Further discussion was held at the regular meeting.
Workshop Agenda item No. $ -- Discussion and possible action on future agenda items - A
Council Member may inquire about a subject for which notice has not been give. A
statement of specific factual information or the recitation of existin~ holier may be ~iven.
Any deliberation shall be limited to a proposal to place the subiect on an agenda for a
subsequent meeting.
This item was postponed until the regular meeting.
Workshop Agenda Item No. 6 - Council Calendars
September 24
September 28
September 30
October 6
October 7
October 18
October 19
October 20
October 21
Joint Retreat - BryaWCollege Station Ciw Councils - G. Rolle White
Neighborhood Special Workshop - Council Chambers - 3-00 pm.
TML Regional X Meeting - Bastrop - 4'30 p.m.
Brazos Animal Shelter - City Hall - Noon
Transportation Commmee- City itall- 5:00 p.m.
Intergovernmental Committee - Noon
Chamber of Commerce Board Meeting - 8-00 am.
Research Valley Partnership - 3'00 p m
City Council Workshop and Regular Meeting- 3:00 p.m./7:00 p m
This item was postponed until the regular meeung.
Workshop Agenda Item No. 7 - Discussion~ review and nossible action re~ardina the
followin~ meetings: Brazos County Health Department~ Brazos Animal Shelter~ Brazos
Valley Council of Governments, Cemetery. committee~ City Center, Facade Improvement
Program Advisory Committee~ Fraternal Partnership~ Historic Preservation eommittee~
Intergovernmental Committee and School District~ Joint Relief Funding Review
Committee~ Library Committee~ Metropolitan Planning Organization, Parks and
Recreation Board~ Planning and Zoning Commission~ Sister City Association, TAMU
Student Senate, The Research Valley Partnership~ Transportation Committee~ Wolf Pen
Creek Oversight Committee~ Zoning Board of Adjustments, (see attached posted notices
for subject matters).
This item was postponed until the regular meeting.
Workshop Agenda item No. 8 - Executive Session
At 6:08 pm., Mayor Silvia announced in open session that the City Council would convene ,nto
executive sesston pursuant to Sect,OhS 551 071.551.074, and 551.087 of the Open Meetings Act.
to seek the advice of the city attorney with respect to pending and contemplated htigation, the
appointment and evaluatton of public officerls) and to consider economic negotiations.
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College Station Council Meeung 9/23104
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Cause No. 52,434-361, Brazos County - College Station v. Wolf Pen Creek, Ltd., et al.
TCEQ Docket No. 2002-1147-UCR; Applications of Brushy Water Supply and College Station
{Westside/Highway 601
TCEQ Docket No. 2003-0544MWD, Apphcation of Nantucket, Ltd.
TXU Lone Star Gas Rate Request
Cause No. 03-002098-CV-85, Brazos County - College Station v Wellborn Specml Utility
District
Civil Action No. H-04-1921. U.S District Court {Houston) - Blue Dolphin, Inc. v. College
Station.
Cause No. 04-002379-CV-272, Brazos County - JK Development v. College Station
Final action on Executive Session, if necessary.
Personnel {Gov't Code Section 551.074}, possible action
The City Council may deliberate the appointment, employmem, evaluation, reassignment, duties,
disciphne, or dismissal ora public officer. After executive session discussion, any linal actmn or
vote taken w~ll be in public. The following public officer(s) may be discussed'
I City Manager Evaluation
Economic Incentive Negotiations {Gov't Code Section 551.087}; possible action
The City Council may deliberate on commercial or financial information that the C~ty 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 Counctl in conducting economic development
negotiations may dehberate on an otTer of financial or other incentives for a business prospect.
After executive session dtscuss~on, any final action or vote taken will be in public. The
following subjectl s) may be discussed:
I. University Town Center Incentives
Regular MeetinR
Mayor Silvia called the regular meeting to order at 7.05 p.m. with all council members present.
He led the audience in the pledge of allegiance
Regular Agenda item No. 12.1 -- Presentation~ diseussion~ and possible action on a
resolution naming the existing library in College Station~ Larry J. Ringer Library.
Council member Massey presented a brief overview of the history of the renaming of the
existing hbrary in College Station
Mayor Pm Tern Maloney moxed to approve Resolution No 9-24-2004-12.01 renaming the
exmmg hbrary in College Station to Larry J Rmger Library. Council member Berry seconded
the mouon, which carried unanimously, %0. Ibis resolution was presented to Larry Ringer and
h,s wife Jean. A dedication ceremony was being planned.
FOR' Silvla, Maloney, Massey, Happ, Wareing. Lancaster, Berry
AGAINST. None
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College Station Council Meeting 9/23/04 Page 6
Mayor Silvia presemed a proclamation for Fire Prevention Week to Cindy Giedrams and
members of the College Station F~re Department.
Mayor Silv~a presented a proclamation for Domestic Violence Week to Yolanda Taplin, of
Phoebe's Home.
Mayor Stlvia presented a proclamation for Public Power Week to Billy Tyler, Randy Ehzondo
and Matt Marek.
10. Henr Visitors
Ann M. Marsh, 208 Lampwick, expressed concern regarding the increase of sewer rates in
College Station.
Consent Agenda
11 I Approved by common consent m~nutes for City Council Workshop and Regular Meeting
August 26, 2004.
11.2 B~d #03-92, Contract #03-164. Approved by common consent the renewal of Electric
Annual Construction Contract with H&B Construction for $1,681,727 60.
I 1.3 Approved by common consent Ordinance No. 2748 creating one or more City Marshal
positions.
114
Approved by common consent a purchase requests for FY'05, items exempt from
competitive bidding as described more fully in Texas Local Government Code, Chapter
252 022.
Amateur Softball Association (sports official services - state league play) FY05-$54,000;
FY04- $54,000
TCEQ - tbrmerly TNRCC (quarterly disposal and permitting fees - BVSWMA) FY05-
$350,000; FY04-$350,000
TCEQ - formerly TNRCC (inspechons/assessments, permitting fees - W/WW! FY05-
$50.000, FY04-$50.000
U.S. Postmaster (postage - Utility Billing) FY05-$110,000; FY04-$ 100,000
U S. Postmaster (postage - PrintJMail! FY05-$110,000:FY04-$110.000
Verizon (local phone services) FY05-$150,000; FY04-$140.000
Bryan Public Library (operational expenses for CS Pubhc L~brary) FY05-$503,814:
FY04-$595,585
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College Station Council Meeting 9/23/04
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116
Page 7
Bryan Public Library (Bryan and College Station book money) FY05-$80,000. FY04-
$80.000
Ctty of Bryan (utilities for Wells 1-6 & Sandy Point Pump Station) FY05-$850.000,
F Y04-$850,000
BV Groundwater Conservatton District FY05-$130,000:FY04-$130,000
Baker & Taylor ~library books) FY05-$150,000:FY04-$150,000
Bound to Stay Bound (library books) FY05-$50,000; FY04-$50,000
The Eagle {pubhc nottces/legal advertising) FY05-$140,000:FY04-$120,000
The t'ollowmg purchase requests are available from one source and thereby exempt from
competitive bidding in accordance with LGC 252.022 la~17), computer software and
hardware maintenance and equipment lease and maintenance.
GEAC (application software upgrade/maintenance ~ Pvblic Safety System) FY05-
$q8,292:FY04-$94,512
Ikon Office Solutions (copier maintenance/lease) FY05-$60,000 FY04-$60,000
Bristol Babcock (SCADA equipment maintenance & repair) FY05-$51,000: FY04-
$48,000
The following purchase requests are considered professional services and thereby exempt
from compemive bidding in accordance with I. GC 252.022
Bickerstaff, Heath Attorneys ~utility litigation & electric rme issues) FY05-$100.000;
FY04-$ 100,000
Bickerstaft'. Heath Attorneys Iwater rights) FY05-$150.000:FY04-$100,000
Mathews & Freeland ~CCN/groundwater issues) FY05-$150,000; FY04-$100,000
Matbews & Freeland (Nantucket/sewer issues) FY05-60.000; FY04-$60,000
Approved by common consent property insurance quote, including Boiler & Machinery,
Mobile Equipment, Fleet Catastrophic and Lmployee Dishonesty coverage to Aftihated
FM Insurance Company m the amount of $102,343.00.
Approved by common consent Resolution No. 9-23-2004-11.06 of the Ctty of College
Station, Texas. determining a public necessity to acquire pubhe utility easements: giving
not,ce of an official determination to acquire public utility easements for the Steeplechase
Impact Fee Sewer Project as part of the Annexation Sewer Project: and establish
procedures for the acquisition of the public utility easements.
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College Station Council Meeting 9/23/04 Page 8
11.7 Approved by common consent award of an annual price agreement for crushed stone.
Type A Grade IF~, to Brazos Site Works in an amount not to exceed $100,880 per Bid
#04-91
118
Approved by common consent Ordinance No. 2749 setting and increasing residential
sanitation service rates and fees, and also requires that mixed u~e locations shall be
charged commercial rates.
I 1.9
Approved by common consem Ordinance No. 2750 amending Chapter 1 I, "Utilities"
Section 2, "Water and Sewer Services," of the Code of Ordinances of the City of College
Statzon. Texas having the effect of raising rates for sewer services an average ot' three
percent 0%) City Manager Brymer explained the proposed sewer rate increase of 3%
11.10
Approve by common consent an interlocal agreement with Texas A&M University
(TAMU}, City of Bryan, Brazos Coumy and Blinn College to coordinate intemperabdity
between radio systems
II 11
Approved by common consem the renewal of an Interlocal Agreement between the City
of College Station and Texas A&M University for the provision of A~rerafl Rescue and
F~refightmg Services to Easterwood Airporl Council member Happ abstained
11.12
Approved by common consent Resolution No. 9-23-2004-11.12 for the
Comprehensive/Selective Traffic Enforeemem Program grant contract for fiscal year
2005.
11.13
Approved by common consent Resolution No. 9-23-2004-11.13 approving an Optional
Relocation Program IORP) Rehousing Agreement between the City and an eligible
hot,stag assistance applicant, and authorizing the expenditure of funds for
demolition/construction costs of $64,694 for the project located at 822 Avenue B
11.14
Discussion and possible action on market adjustments for City of College Station
appointed officers. Council member Massey moved to table this item until the
Manager, City Attorney, City Secretary and Municipal Judge are evaluated and their
salaries are adjusted as directed by the City Council Council member Happ seconded
the motion, which carried by a vote of 6-1
FOR. Maloney. Massey. }lapp. Wareing Lancaster. Berry
AGAINST' Mayor
Regular Agenda
Item No. 12 I was presented at the beginning of the meeting
Regular Agenda Item No. 12.2 -- Public hearing~ discussion and possible action on an
ordinance to rezone the Lesehper propert~ $.1 acres located at the northwest corner of
Alexandria Avenue and Barton Road~ from A-O Agricultural-Open to R-1 Single Family
Residential.
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College Stauon Council Meeting 9/23/04 Page 9
Director of Development Services Joey Dunn remarked that the applicant is requesting rezomng
in order lo subdivide the property into two lots The current A-O Agricultural-Open zomng
requires a minimum 5 acres lot size The Land Use Plan designates this property and the
surrounding area as Single Family Medium Density R-I Single Family zomng la m compliance
with the Comprehenmve Plan. The City of College Station has a portion of the property under
contract for the relocation of Fire Station No, 3. currently located on the Highway 6 Frontage
Road. Government faeihties are perm,tted uses m all zoning districts. The remaining half of the
property will continue to be used as a single family residence.
Staff recommended approval of the rezoning.
Mayor opened the pubhc hearing No one spoke. Mayor Sflvia closed the public hearing.
Counc,I member }lapp moved to approve Ordinance No. 2751 rezomng 5.1 acres from A-O
Agricultural-Open to R-1 Single Family Residential Counol member Massey seconded the
motion, which carried unammously, 7-0.
FOR: Sllvia. Maloney. Massey. Happ. Wareing, Lancaster. Berry
AGAINST: None
Regular Agenda item No. 12.3 -- Public hearing, discussion~ and possible action on an
ordinance to rezone 67.69 acres south of Royal Adelade Dr. and west of future Pebble
Creek Parkway and 76.8 acres south of Royal Adelade Dr. and east of future Pebble Creek
Park-way from A-O Agricultural Open to R-1 Single Family Residential.
Director of Development Services Joey Durra noted that the request is to continue the single-
family residentml development of Pebble Creek. The request complies with the Land Use Plan
with the extraction of some land and at the perimeter, which ns identified as Floodplmn/Streams.
Undeveloped lands and Lick Creek Park that surround the subject tract
Staff recommended approval of the rezoning with the condition that any FEMA-deslgnated
floodplain remains A-O.
Mayor opened the public hearing
The following citizens addressed the City Council regarding the rezoning.
Davis Young, Pebble Creek Development
Thou Hoppess
Council member Wareing moved to approve Ordinance No. 2752 rezoning 67.69 acres south of
Royal Adelade Drive and west of future Pebble Creek parkway and 76.8 acres south of Royal
Adelade Drive and east of future Pebble Creek Parkway from A-O Agricultural Open to R-I
Single Family Residentml Council member Lancaster seconded the motion, which carried
unanimously. 7-0,
FOR' Silvia. Maloney. Massey. Happ. Ware~ng, Lancaster, Berry
AGAINST' None
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College Station Council Meeting 9/23/04
Page l0
Regular Agenda Item No. 12.4 -- Public hearin~ discussion, and possible action concerning
the annual review of the CiW's Comprehensive Plan and Unified Development Ordinance
(UDO). The Council will consider amendments to Articles 1-11 of the UDO including but
not limited to development regulations. DarItln~_ requirements and specific use standards.
Director of Development Sen'ices Joey Dunn remarked that the City's Llmfied Development
Ordinance provides tbr an annual review of the City's Comprehensive Plan and Umfied
Development Ordinance. The ma3ority of the changes in the Unified Development Ordinance
are clerical, however, there are four proposed changes to the Unified Development Ordinance
identified below
Attached Sign Regulations
Allowing additional signage for buildings on corner lots including the endcaps of
shopping centers ifa public entrance is provided.
Establishing commercial banner provisions to allow one banner per commercial building,
tenant lease space or multi-family development not to exceed 4' x 12'and maintenance is
required Also banners would be prohibited in the Wolf Pen Crcek and Overlay Districts
Retail Sales and Service
· A change to the specific use standards that will allow limited storage in C-I and limited
retail sales in C-2.
Driving Ranges
· Driving ranges are currently allowed in the existing code, however, the proposed
standards will provide additional buffering, screening, lighting and parking requirements.
Sexually-Oriented Business {SOB}
The Umfied Development Ordinance currently regulates sexually-oriented businesses However,
through the annual review, staff' determined that alternative sites need to be made available to
comply with federal case law The Supreme Court has held that cities cannot totally ban
Sexually-Oriented Businesses, however, they can regulate the location, limiting to 5% of the
City's geographic area. The overall concept is to allow Sexually-Oriented Businesses in
commercial and industrial zoning districts with buffering of protected uses, residential zoning
districts and portions of nmjor roadways. In order to achieve this concept, the following
modifications were recommended:
· In addition to C-2 Commercial Industrial and M-2 Heavy Industrial zoning districts,
SOB's will be pem~ltted uses In C-I General Commercial, M-I Light Industrial and R&D
Research and Development zoning districts But, adding these additional zoning districts
still did not provide tbr 5% of the City's area
· As a result, three additional areas or tracts of land were added to reach the 5%
requirement. The following tracts were selected based on their proposed land use
according to the City's Land Use Plan. access to major roadways and distance from
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College Station Council Meeting 9/23/04 Page I I
existing residential areas. The Unified Development Ordinance includes an amendment
that will allow SOB's as a permitted use on three specific tracts regardless of distance
separation requirements.
The protected uses from SOB's has been modified to only include the following.
o Elementary and Secondary schools
o Public neighborhood Parks
o Day Care Enters
o Colleges and Universities
Distance separation requirements from SOB's and protected uses or residential districts
have been modified to 400 fi.
Prohibited locations along major roadways have been modified to include a 400 ft
setback from the rights-of-way of the following thoroughfares:
o Texas Avenue - This includes the portion of Texas Avenue from the northern city
limits line with the City of Bryan to ~he Harvey Mitchell Parkway intersection
o Umversity Drive -- This includes the portion of University Drive from Texas
Avenue intersection to Earl Rudder Freeway.
As directed by City Council on September 9. 2004. staff prepared an alternative to this scenario
that is site specific and provides for a total of ten potemial sites in which an SOB could locate.
The sites vary in size and are located throughout in the City. The seconded proposals was for
regulating SOWs as site specific In addition. '~he minimum buffering requirements would
include a 50 ft landscaped area with 6 fi. masonry wall. Mr. Duna described and presented
graphics ofthe ten potential sites.
The Council recessed tbr a short break at 8 36 p.m. and returned to the regular meeting at 8.50
p.m.
Mayor Silvia opened the public hearing.
The following citizens spoke in opposition of the sites selected for the sexually oriented
businesses
Sheryl Welford, 3200 Salzburg Court, Edelweiss Homeowners Association
Butch Smith, 3991 Windfree Drive
Nate Bower, ttarvey Hillside
Clair Nixon, 111 Lee Avenue
Andrew Trefethan, 3531 Graz Dr.
John Grant. 252 Stuttgart Circle
Roy Lackey, 5006 Crystal Downs Court
Marcella Colbert, 505 Nagle, Apt. 104
Ted Hopgood, 4600 Mont Circle
Dana Bush, 5112 Sycamore Htlls
Chris ()sboro, 5844 Easterling. Bryan
Mike Latham. Real Estate Agent
Dennis Mucha. College Station
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College Station Council Meeting 0/23/04
Tim Roman, College Station
Dave Jones, College Station
Thon Hoppess. 5101 Spamsh Box
Barbara Reese. College Station
Don Jones. 804 Berry. Creek
Jessica Jimmerson. 3211 Westwood Main
Tom Matter, College Station
Diane Forsyth, 5108 Bellerive Bend
Joe Martin, College Station
Doug Colebemick, College Station
Jeff Asbill. 8200 Raintree Drive
Fracy Thompson. College Station
Sherry Ellison, 2705 Brookway Drive
Jason Schubert, College Station
John Lylm, College Station
Page 12
Mayor Silvia closed the public hearing.
Council member Berry moved to enter into executive session to consult with the City Attorney.
Council member Happ seconded the motion Motion failed by a vote of 3-4.
FOR Happ. Berry, Massey
AGAINST Sllvia, Maloney, Waremg, Lancaster
At the request of the City Council. City Attorney ltarvey Cargill presented a brief overview of
the case law that regulates SOB locations.
Mayor Pro Tern Maloney commented that the City Council could approve area 3, which would
grandfather the Silk Stocking, and decline any other proposed proposals at this time
Council member Massey moved to approve Area 3 for the location of SOB's and declined to
adopt any other proposed locations for SOB's within the City of College Station Mayor Pro
Tern Maloney seconded the motion, which carried unanimously, 7-0.
FOR: Silvia, Maloney, Massey, Happ, Berry. Waremg, Lancaster
AGAINST: None
The Council recessed for a short break at 10 10 p.m. and returned to the workshop meeting at
10 32 p.m.
Regular Agenda Item No. 12.7 - Presentation~ discussion and possible action regarding the
Bryan-College Station Metropolitan Planning Organization's (MPO) prioritization of
transportation projects.
Transportation Planner Ken Fogle described the Bryan-College Station Metropolitan Planmng
Organization (MPOI functions and membership. Currently the MPO is preparing an update to
the 2005 Metropolitan Transportation Plan This 20 year planning document provides
framework for the short and long range strategies for development of an intermodal
Traditional Values, Progressive Thinking
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College Station Council Meeting 9/23/04 Page 13
transportation system for Brazos County. This plan is updated every five years and five new
goals. The five goals were used ~n developing criteria for this project priontization list An
,mportant part of the plan is the prioritization of federally funded transportation projects This
pnor,ty list is used by the Texas Department of Transportation in selecting projects to implement
in Brazos County. The adopuon of this priority list ts a two-step process. First. the Technical
Advisory Committee {TAC) develops the draft prioritization l,st of projects. Second, the Pol,cy
Committee {PCI reviews the draft pnontizat,on hst. makes necessary changes, and makes the
final pnormzation list that ns included ~n the MTP.
After the Workshop Meeting Mr Fogle met with the Director of the Metropolitan Planning
Orgamzatmn and proposed the following changes:
Move the Texas Avenue/University Drive Interchange project from the fiscally
constrained proJeCt hst to the unfunded list.
Move the Llniversity Drive widening {,SH 6 60 FM 158) from number six on the fiscally
constrained list to number one on the fiscally constrained list.
Move the SH 6/Barron Road Interchange project from the unlbunded list to number s~x
on the fiscally constrained project hst.
The City Council concurred with the proposed changes
Regular A~,enda Item No. 12.4 - Public hearing~ diseussion~ and possible action concerninn
the annual review of 1he City's Comprehensive Plan and Unified Development Ordinance
(UDO}. The Council will consider amendments to Articles 1-11 of the UDO including but
not limited to development regulations~ parking requirements and specific use standards.
Director of Development Services Joey Dunn remarked that as directed by Council, staff has
amended the s~gn regulations to prohibit banners throughout the City of College Stauon In
exchange, addiuonal square footage for permanent attached signage is being allowed The
Unified Development Ordinance currently allows two square feet of attached signage per hnear
foot of front or ma,n faq:ade. The proposed changes would allow 2.4 square feet of attached
signage per hnear foot of front of main faqade. Banners would be allowed for grand openings
and displayed for one consecutive 14 day period, selected by the bus~ness owner w,thin 60 days
of the grannng of their Certificate of Occupancy. change of use or the change of the name of the
business
Council member Happ moved to approve Ordinance No. 2753 approving the sign regulations.
Council member Wareing seconded the morion, which can',ed by a vote of 6-1.
FOR: Sflvia. Maloney. Massey. Happ. Ware~ng. Lancaster
AGAINST: Berry
Mayor opened the public hearing.
The following citizen addressed the City Council
Don Jones. 804 Berry Creek
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College Station Council Meeting 9/23/04
Mayor Sflvia closed the public hearing.
Page l4
Counctl member Lancaster moved to approve Ordinance No. 27S3 approving all of the
proposed changes to the Unified Development Ordinance Council member Ben'}' seconded the
motion, which carried unanimously, 7-0
FOR: Silvla. Maloney, Massey, Happ, Wareing. Lancaster, Berry
AGAINST. None
Regular Agenda Item No. 12.5 -- Public hearing~ discussion and possible action on an
ordinance amending Chapter 9, Section 9 "Subdivision Regulations~ revising the lan~,ua~e
reuarding overaiz, e participation.
Dtrector of Public Works Mark Smtth noted that the proposed ordinance would remove
paragraphs 9-B Streets, 9-C g'aler Supply, 9-D Sanitary Sewer and 9-E Brtdges/Culverts from
the Subdi*ision Regulations and replace them with a single paragraph 9-13 O~ersize
Participation The existing language is more restrictive than the Local Government Code and it
contains confusing and inconsistent provtsions The proposed language refers to the statmory
language tn thc Local Government Code which provides for City participation in the cost the
development of public infrastructure.
The provision allows the City to participate with a developer in the cost of oversized
infrastrt,cture required by the City. The City's share cannot exceed the cost of the oxersize
required and it cannot exceed 30% of the total contract price for all of the inlYastructure
improvements. These same provisions apply to all of the various types of pubhc infrastructure.
Mayor opened the public hearing
The following citizen addressed the Council in support of the proposed amendment.
Veronica Morgan, Mitchell & Morgan, 511 University Drive
Mayor closed the public hearing
Council member Berry moved to approve Ordinance No. 2754 approving the amendment to
Chapter 9. Section 9 "Subdivision Regulations revising the language regarding oversize
participation Mayor Pro Tern Maloney seconded the motion, which carried unanimously, 7-0
FOR: Silvia. Maloney. Massey, Happ. Waremg, Lancaster, Berry
AGAINST: None
Regular Agenda item No. 12.6 -- Presentation, discussion and possible action on an
agreement between the CiW and DB Autumn Chase LP~ providing for Oversize
Participation {90} for Cornell Drive between Brentwood and Manuel Drive in regard to
additional pavement width and drainage culvert in the amount of $92~043.00.
Director of Public Works Mark Smith remarked that thts item is a request for the City to
participate m the construction costs of Cornell Drive and the culvert structure associated with the
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College Station Council Meeting 9/23/04 Page 15
roadway m accordance with City Code of Ordinances Chapter 9 Subdivisions. Section
Responsibility for Payment for Installmlon costs. The Thoroughfare Plan classifies Comell as a
Major Collector The developer of Autumn Chase Subdivision must construct the roadway as
shown on the Thoroughfare Plan If he can demonstrate that the developmem does not require
the class of roadway being constructed, a request for oversize participation may be submitted
Council member Berry moved to approve an agreement between the City and DB Autumn Chase
LP. providing for Oversize Participation (OP} for Comell Drive between Brentwood and Manuel
Drive in regard to additional pavement width and drainage culvert in the amotmt of $92,043 00
Mayor Pro Tern Maloney seconded the motion, which carried unanimously, 7-0.
FOR: Silvla, Maloney. Massey, Happ, Waremg, Lancaster, Berry
AGAINST' None
Regular Agenda Item No. 12.8 -- Presentation~ discussion and possible action on an
appointment to the Brazos Valley Convention & Visitors Bureau to fill an expired term.
Direc'tor of Economic Development Klm Foutz remarked that this item was to appoint a
representative of the City of College Station to the Brazos Valley Convention and Visitors
Bureau Executive Committee, Mrs Mcllhaney was originally appointed for a two year term
which expires on September 30. 2004. The nominating committee of the BVCVB has
recommended that Mrs. Mcllhaney be re-appointed for two years beginning October 1.20t}4 and
ending September 30, 2006.
Council member Wareing moved to appoint Lynn Mcllhaney to the Brazos Valley Convention
and Visitors Burean for a Iwo )'ear term Council member l.aneaster seconded the motion, which
carried unanimously. 7-0
FOR: Sih'la. Maloney. Masse)', Happ. Waremg, Lancaster, Berry
AGAINST' None
Regular Agenda Item No. 12.9 - Presentation~ discussion and possible action on an
ordinance approving the renumbering of the City of College Station Cit3' Charter and
providing an effective date.
Mayor Pro Tern Maloney moved to remove this item from the table Council member Waremg
seconded the motion, which earned unanimously. 7-0.
A question was raised about the numbering of 'the Personal Interest section City Attorney
Cargill. Jr. pointed out that this section was rent,mbered as a different section number than in the
existing Charter as Section 13 I.
Mayor Pro Tern Malone)' moved to approve Ordinance No. 2755 approving the renumbering of
the City &College Station City Charter. Council member Waremg seconded the motion, which
carried unanimously. 7-0.
FOR. Silvia, Maloney, Massey, Happ. Wareing, Lancaster, Berry
AGAINST. None
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College Station Council Meeting 9/23104
Page 16
Workshop Agenda Item No. S -- Discussion and possible action on future agenda items - A
Council Member may inquire about a subject for which notice has not been give. A
statement of specific factual information or the recitation of existing policy may be Riven.
Any deliberation shall be limited to a proposal to place the subject on an agenda for a
subsequent meeting.
Mayor Pro Tern Maloney requested an agenda item regarding the naming of the Lincoln Cemer
splash park after Neat Donovan. Council member I,lapp seconded the motion, which carried
unanimously 7-0
FOR: Silvla. Maloney. Massey, Happ, Wareing. Lancaster. Berry
AGAINST: None
Mayor Pm Tern Maloney requested an agenda item to add an additional room to the College
Station Library that would accommodate 300-400 meeting spaces, also look at the College
Station Libmr> space needs. His request included naming the room after the Mr and Mrs.
Doak's Council member I-lapp seconded the motion, which carded unanimously, 7-0.
FOR: Silvla, Malone>', Massey, Happ, Wareing, Lancaster. Berry
AGAINST None
Mayor Pro Tern Maloney requested an agenda item regarding rezoning area on south side of
College Station including Wellborn Road and George Bush Drive. Council member Happ
seconded the motion, which carried unanimously, 7-0
FOR- SIlvia, Maloney, Massey. Happ, Wareing, Lancaster, Berry
AGAINST' None
Mayor Pro Tern Maloney asked staff to investigate options to activate cameras on the city's
signal hghts and send out notices to the first six citizens that run the red lights as soon as it
changes.
Council member Happ requested a workshop agenda item to examine intersections that are
eligible for flashing lights after a certain time of day.
Workshop Agenda item No. 6 - Council Calendars
September 24 Joim Retreat - Bryan/College Station City Councils - G Rolle Whtte
September 28 Neighborhood Special Workshop - Council Chambers - 3.00 p m
September 30 TML Regional X Meeting -- Bastrop - 4:30 p.m
October 6
October 7
October 18
October 19
October 20
October 21
Bmzos Animal Shelter - City Hall - Noon
Transportation Committee - Cl~y Hall - 5-00 p.m.
Intergovernmental Committee - Noon
Chamber of Commeme Board Meeting - 8.00 a.m.
Research Valley Partnership - 3'00 p m.
City Council Workshop and Regular Meeting - 3:00 p.m/7'00 pm.
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College Station Councd Meeting 9/23/04
Council reviewed their upcoming events.
Page
Workshop Agenda item No. 7 -- Discussion, review and possible action rezardina the
following meetings: Brazos County Health Department, Brazos Animal Shelter, Brazos
Valley CnuncJl of Governments, Cemetery committee, City Center, Fagade Improvement
Program Advisor)' Committee, Fraternal Partnership, Historic Preservation committee,
Intergovernmental committee and School District, Joint Relief Funding Review
Committee, Library Committee, Metropolitan Planning Organization, Parks and
Reereatinn Board, Planning and Zoning Commission, Sister City Association, TAMU
Stodent Senate, The Research Valley Partnership, Transportation Committee, Wolf Pen
Creek Oversight Committee, Zoning Board of Adjustments, (see attached posted notices
for subject matters).
Couucd member I~tapp presented h~ghlights of the Transportation Committee meeting. Council
member Berry conveyed comments from the Bra,os County Health Department Meeting.
Council member Wareing provided a report from the Research Valley Partnership meeting.
Council member Massey noted that the next Intergovernmental Committee meeting will be held
at the Bryan [ndependent School District, Also. on December 15. 2004 there will be a meeting at
the Brazos Center with Steve Ogden and Fred Brown to discuss items/city priorities for the
upcoming legislative session.
Council member Massey conveyed comments from the September 20, 2004 Intergovernmental
Committee meeting
Mayor S~lvia asked staff' to schedule the appointment of board members to the Design Rex Jew
Board on the next agenda.
Regular Agenda item No. 13 -- The City Council may convene the executive session
following the regular meeting to discuss matters posted on the executive session agenda for
September 23, 2004.
At 11 '42 p.m. Mayor Sdwa am~ounced m open session that the City Council would convene into
executive session pursuant to Sections 551,071.551,074, and 551.087 oft he Open Meetings Act.
to seek the advice of the city attorney with respect to pending and contemplated httgation, the
appointment and evaluation of public officer(s) and to consider economic negotiations. C~ty
Council returned to the regular meeting at 2:40 a.m. on Friday, September 24. 2004.
Regular Agenda item No. 14 -- Final action on executive session, if necessary.
Motion made to increase the City Manager's base salary by 10%, or $145.814 24. Motion
seconded and carried by a unanimous vote
Regular Agenda item No. 15 -- Adjourn.
Hearing no ob. iectmns, the meeting adjoumed at 2'45 am. on Friday, September 24, 2004
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College Station Council Meeting 9/23/04 Page
PASSED AND APPROVED this 9t_~h day of November, 2004.
ATTEST' /e~
City Secretary. Conme Hooks
APPROVED.
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