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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 7t adtttonal I'uluen. Progresat~ e Thinking In the Research l'alle, v 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' ~'radtttonal Values Progresstve Fhtn~mg In the Research ~'a/lev College Station Council Meeting 9/23/04 Page 3 · 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. Tradmona! ~ alues, Progresstve Thmlung hr the Research ['a/les, College Station Council Meeting 9/23/04 Page 4 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. Tradtttonal Values, Progt es~tve Thmltmg In the Research Valle~.. College Station Council Meeung 9/23104 Page 5 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 Trudtttond Values. Progresvtve Thtnktng In the Research I'alley 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 l radtttonal I'Mues, Progressive Thinking In the Research Valley College Station Council Meeting 9/23/04 115 116 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. Tradtttonal ['slues, Progresstve ?'htnktng In the Research l'alley 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. Tradtttonal Values. Progresstve Thtll]~tllg Itt the Research I'allev 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 Ttadtttonal Values, Progressn'e Thtrtktng In the Research t alle3. ' 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 Trachttonal I'alues. Progreasn'e Thtnkmg In the Research ~ alley 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 fradtttonal Vah~es. Progresstve Thtn~tng In the Research !'alley 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 In the Research t'allev 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 Trachttonal t ahtes. Progresstve Thtnl~tng In the Research I alle3, 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 Ttadatonal Values. Progresstz~e 7hmkmg In the Research Valley 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 Traditional I'ahtes. Progressive Thinking In the Research I'allev 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. Tracltttonal Values. Progres~tve Thtnkmg ht the Rt:~earch I'alltn, 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 Traditional Values, Progressive Thmkmg In the Re.~earch ! alley 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. Tradttlonal I ulttcS. Progresstve Thtnktng In the Research ['alley