Minutes

College Station City Council

Workshop and Regular Meetings

Thursday, October 21, 2004 at 2:00 p.m. and 7:00 p.m.

City Hall Council Chambers, 1101 Texas Avenue

College Station, Texas

 

COUNCIL MEMBERS PRESENT:  Mayor Pro Tem Maloney, Council members Massey, Happ, Wareing, Lancaster, Berry

 

COUNCIL MEMBER ABSENT:  Mayor Silvia

 

STAFF PRESENT:  Assistant City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Assistant City Secretary Casares

 

Mayor Pre Tem Maloney called the meeting to order at 2:00 p.m.

 

Workshop Agenda Item No. 1 – Discussion of consent agenda items listed for Regular Council Meeting.

 

No items were removed for discussion.

 

Workshop Agenda Item No. 2 – Presentation, discussion and possible action on a joint meeting with the Planning and Zoning Commission regarding the thoroughfare plan in the southeastern area of the city, including the Pebble Creek and Animate Habitat developments.

 

The Planning and Zoning Commission was called to order at 2:03 p.m. by Commissioner Ben White, Commissioners present are: John Fedora. Ken Reynolds, John Nichols, Marilyn Hooten.

 

Director of Planning and Development Services Joey Dunn introduced this item and Robert Hamm P.E. Project Manager of Wilbur Smith Associates. 

 

Mr. Hamm presented an overview of the current Thoroughfare Plan, specifically as it relates to the connectivity of high-growth areas in the southeast quadrant of the city.  He described the locations of the study areas.  The study of the thoroughfare plan review included the following issues:

 

  • Review of the overall thoroughfare plan within the study area for continuity, connectivity, and applicability with the proposed development master plans;
  • Review and evaluation of the proposed Congressional Drive extension to Lakeway Drive and SH 6 and the three concepts developed by City staff as alternatives to the Congressional Drive extension;
  • Review and evaluate the connectivity between Parkview, Venture, Lakeway, Congressional, Spearman, and St. Andrews and the need for additional roadway connections between the Pebble Creek Subdivision and Greens Prairie Road, Rock Prairie Road and SH 6.
  • Evaluate new arterial and collector street extension/realignments in the Peach Creek areas;
  • Review and evaluate the roadway classifications and connectivity to SH 6, considering TxDOT’s current plans for ramp relocations and new interchange location at Nantucket; and,
  • Review and evaluate the connectivity of the roadway network between the north and south sides of Greens Prairie Road.

 

Mr. Hamm described the following Thoroughfare Plan Revisions:

 

Congressional Street Extension provides important connections/access to the subdivision; it will help alleviate congestion/traffic concerns along Parkview and Lakeway; Congressional Street should be realigned and connected to Pebble Creek Parkway and the new alignment should be extended beyond Lakeway to SH 6 frontage road. 

 

Spearman Realignment will provide additional connection/access to Greens Prairie Road and alleviate congestion/traffic concerns along Parkview and Lakeway.  The realignment will provide direct access for Fire Station No. 5. 

 

Mr. Hamm proposed a new minor arterial in the southern part of the study area to serve the animate Habitat development, it will and connect to TxDOT proposed interchange with SH 6. 

 

Pebble Creek Parkway Extension will connect to new minor arterial to the south; and provides important regional connection between residential and commercial land uses. 

 

Rock Prairie Road Classification recommended upgrading Rock Prairie Road to minor arterial throughout the study area connects with Peach Creek Road.  This is a regional connection to future development. 

 

Mr. Hamm recommended an extension through the City ETJ in order to preserve future corridors in developing areas.  There is a need to make connections and continuations into the ETJ regarding Peach Creek Road, Peach Creek Cutoff and new minor arterial.    

 

Mr. Hamm noted that the area North of Greens Prairie Road has a series of major collectors proposed on the existing Thoroughfare Plan, which provides important connections, and should be pursued as development occurs in the area. 

 

Council member Happ moved to accept the consultants Thoroughfare Plan modifications and directed staff to present the modification to the development community and the Home Owners Association.  Council member Lancaster seconded the motion which carried unanimously, 6-0.

 

 

FOR:  Maloney, Massey, Happ, Wareing, Lancaster, Berry

AGAINST:  None

ABSENT:  Silvia

 

Commissioner White adjourned the Planning and Zoning Commission meeting at 3:07 p.m.

 

Council recessed for a short break at 3:07 p.m. and returned to the workshop meeting at 3:15 p.m. 

 

Workshop Agenda Item No. 3 – Presentation, discussion and possible action on resolution to petition the Texas Alcoholic Beverage Commission for an order prohibiting open containers or public consumption of alcoholic  beverage in a central business district.

 

Chief of Police Feldman remarked that one of the Core Values for the City of College Station is to promote the health, safety and general well being of the community.  A primary concern was to maintain the public safety in the Northgate area.  Staff has observed the increase in number of individual’s congregating in the promenade area during the spring of 2004.  Chief Feldman introduced Assistant Police Chief Scott McCollum and Lieutent Rodney Sigler. 

 

Assistant Police Chief Scott McCollum remarked that the following summer, staff began receiving complaints from bar owners/managers.  The following concerns voiced were:

 

  • Very large crowds on the promenade and surrounding areas.
  • Patrons bringing in coolers and kegs.
  • Unregulated consumption of alcohol in public area
  • Sale of alcohol in parking lot adjacent to promenade.
  • Minors drinking in the promenade area.
  • Personal drinking on the promenade but using facilities of surrounding businesses
  • Large quantities of trash and filth found by others the morning after.

 

Mr. McCollum pointed out that many groups tout the Northgate promenade as a gathering point for various occasions and special events.  However, Northgate is no longer a small bar and business district; it is more of an entertainment district like 6th Street in Austin. 

 

Lieutenant Rodney Sigler presented a video clip of the Northgate area describing their experiences on a regular basis.  Mr. Sigler began to evaluate the City’s options.  He solicited information from other agencies, visited Austin Police Department pertaining to the managing of 6th Street Areas and consulted with the Texas Alcoholic Beverage Commission.  Also, staff conducted focus group meeting with Northgate bar owners and managers, and conducted a survey of cities in the Big 12.  In order to manage the Northgate promenade area staff recommended the passage of a resolution to petition for the adoption of an order by the Texas Alcoholic Beverage Commission that prohibits the possession of an open container or the public consumption of alcoholic beverages.  After an order has been issued by the Commission, the City of College Station could move forward approving an ordinance to prohibit open containers or public consumption of alcoholic beverages in the Central Business District.

 

 

The City Council concurred with staff recommendations.

 

Workshop Agenda Item No. 4 – Presentation, discussion and possible action on an ordinance amending 7.9 of the Unified Development Ordinance regarding Non-residential Architectural Standards and Site Requirements.

 

Director of Planning and Development Services Joey Dunn presented an overview of the proposed changed to the non-residential standards ordinance.  He presented photos and other information to illustrate these standards that will be applied to future commercial projects.  The proposed ordinance includes standards for building mass and design, materials, colors, parking lot design, landscaping, and pedestrian improvements.  Requirements for traffic impact analysis are outlined in the ordinance.

 

Mr. Dunn highlighted the following proposed changes:

 

  • Exempted NG-1, Ng-2, and NG-3 districts; exempted churches.
  • Copper and silver metallic colored roofs are allowed.
  • Clarified that mitigation projects required by TUA are only to pre-development levels.
  • Add reflective glass as an allowed material.  Reflective glass is allowed on 100% on all facades except the front façade (80%).
  • Add stainless steel, chrome, standing seam material and premium grand architectural metal as an allowed material up to 20%.
  • Increased percentage of accent color allowed on buildings of less than 50,000 s.f. to 15% (previously 10%).
  • Clarified when the color palette applies (redevelopment, existing building, façade work, etc).
  • Clarified that the additional setback requirements (10’) for building over 50,000 s.f. shall not apply if the proposed building (s) resides in an existing overlay district.
  • Provide additional alternative for parking lot configuration and related landscaping. (double row of landscaping concept and clustered buildings)
  • Allows interior islands required by Section 7.2 Parking Lots to be consolidated.
  • Clarified that areas for plazas and public areas can be the same area utilized to meet parking lot standards.
  • Added that the Design Review Board can authorize a material if it is not listed as an allowed material so long as it is similar and comparable in quality and appearance.
  • Add that the Design Review Board can authorize alternate colors or materials on franchised chain restaurants under certain circumstances.
  • Add Design Review Board authority to approve alternative materials that are an integral part of a themed building (example 50’s diner in chrome).
  • Add Design Review Board authority to approve alternative methods for screening mechanical equipment and detention areas.
  • Reduced material requirement to apply to first two stories (formerly three stories).
  • Added tinted, smooth face concrete masonry units as an allowed material up to 10%.
  • Clarified that brick/stone requirement only applies to the front façade of the primary/main building(s).
  • Accent colors on buildings of 150,000 s.f. or greater reduced to 5%.  Note:  This was added because the percentage of accent color allowed for smaller buildings was increased and larger building have greater visual impact when using accent colors. 
  • Add Design Review Board authority to approve alternatives to the architectural relief requirements.
  • Add TIA may be required for non-residential site plans submitted for approval “when the peeking characteristics could have a detrimental impact on the transportation system as determined by the Administrator or hi designee”.
  • Add that the study area will be defined in the pre-submission consultation meeting with the Administrator.
  • Deleted paragraph “g” in Traffic Impact Study – Administrator Report.

 

No formal action was taken.

 

Workshop Agenda Item No. 5 -- 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 given.  Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting.

 

Council member Berry requested a workshop agenda item regarding the Blue Ribbon Report.  Council member Massey seconded the motion, which carried unanimously, 6-0.

 

FOR:  Maloney, Massey, Happ, Wareing, Lancaster, Berry

AGAINST:  None

ABSENT:  Silvia

 

Mayor Pro Tem Maloney remarked that the College Station/Bryan area was ranked as the 14th most livable city in the United States.  Mayor Pro Tem Maloney requested a workshop agenda item to discuss how to move up on the rating list.  Council member Happ seconded the motion, which carried unanimously, 6-0. 

 

FOR:  Maloney, Massey, Happ, Wareing, Lancaster, Berry

AGAINST:  None

ABSENT:  Silvia

 

Council member Happ requested that the November 9, 2004, City Council member, time/date be moved to accommodate the Council members in attending the Chamber of Commerce function.

 

Workshop Agenda Item No. 6 – Council Calendars

 

Agenda Planning Calendar

October 21-22 Tex-21 Reception and Quarterly Meeting – Houston

October 26                  TAMU Int’l Scholars Social – Central Park 6 p.m. – 9:00 p.m.

October 27      - 29     TML Annual Conference – Corpus Christi

November 2     Transportation Committee – 5 p.m.

November 3     Trans-Tex Corridor (TxDot) Brazos Center Conf. Rm. 4–5 p.m.

November 3     MPO 10:30 – 11:30 a.m.

November 3     Brazos Valley Animal Shelter - Noon

 

Workshop Agenda Item No. 7 -- Discussion, review and possible action regarding the following meetings:  Brazos County Health Department, Brazos Animal Shelter, Brazos Valley Council of Governments, Cemetery committee, City Center, Façade Improvement Program Advisory Committee, Fraternal Partnership, Historic Preservation committee, 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).

 

Council member Wareing presented highlights of the Research Valley Partnership Committee meeting. 

 

Workshop Agenda Item No. 8 -- Executive Session

 

At 4:43 p.m., Mayor Pro Tem Maloney announced in open session that the City Council would convene into executive session pursuant to Sections 551.071, 551.072, 551.074, and 551.087 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation, to consider the purchase of real property, the appointment and evaluation of public officer(s) and to consider economic negotiations.

 

Cause No. 52,434-361, Brazos CountyCollege Station v. Wolf Pen Creek, Ltd., et al.

TCEQ Docket No. 2002-1147-UCR; Applications of Brushy Water Supply and College Station (Westside/Highway 60)

TCEQ Docket No. 2003-0544MWD; Application of Nantucket, Ltd.

TXU Lone Star Gas Rate Request

Cause No. 03-002098-CV-85, Brazos CountyCollege Station v Wellborn Special 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, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer.  After executive session discussion, any final action or vote taken will be in public.  The following public officer(s) may be discussed:

 

1.      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 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:

 

1.      University Town Center Incentives

 

Workshop Agenda Item No. 9 -- Final Action from Executive Session, if necessary.

 

Council returned from executive session at 6:55 p.m.  No action was taken.

 

Regular Meeting

 

Mayor Pro Tem Maloney called the regular meeting to order at 7:00 p.m. with all council members present.  He led the audience in the pledge of allegiance. Council member Wareing moved to approve Mayor Silvia absence request.  Council member Happ seconded the motion, which carried unanimously, 6-0.

 

Judge Spillane introduced Luther O’Banion as the new City Marshal and described his job obligation.  Also, Judge Spillane introduced Carol Arnold as the new Municipal Court Administrator and described her role within the municipal court system.

 

10. Hear Visitors

 

The following citizens addressed the City Council in opposition the proposed Fire Station No. 3 location. 

 

Jo Ellen (Jean) Nixon, 1213 Skyline Court,

David Rudd, 1203 Skyline Court,

Paula Murphy, 1802 Springbrook Estates Drive,

Betty Milburn, 1215 Skyline Court,

Mary Triana, 1204 Baywood Court,

Richard Rychetsky, 1109 Mallory,

Rebecca Love, 1212 Markham Lane

Joan Ghani, 1110 Coeburn Court,

Kathy Rudd, 1203 Skyline Court

Damon Pfaltzgraff, 1217 Skyline Court

Christine Livingston, 1203 Baywood Court,

Richard Rudd, 1203 Skyline Court

 

Council recessed for a short break at 7:30 p.m. and returned to the regular meeting at 7:35 p.m. 

 

Consent Agenda

 

12.1     Approved by common consent the minutes for City Council Special Workshop Meetings August 17, 2004, August 23, 2004, August 31, 2004 and  Special Meeting  3:00 p.m. September 28, 2004 and Special Meeting 5:00 p.m. September 28, 2004.


 

12.2          Contract 04-176.  Approved by common consent Resolution No. 10-21-2004-12.02 approving a professional services contract with Epsilon Engineering, Inc. to provide engineering and design services for the Barron Road Improvements Project, ST-0409 in the amount of $678,313.00.

 

12.3          Bid #04-05.  Approve by common consent a renewal agreement for the purchase of various automotive and truck parts to Napa Auto Parts for $48,500.00 and Truckmotive, Inc. for $53,500.00 – annual estimated expenditures of $102,000.00.

 

12.4          Bid #04-93.  Approve by common consent annual bid for purchase of concrete meter boxes maintained in inventory to Sims Plastic of Waco in the amount of $79,815.75.

 

12.5          Contract #04-221.  Approved by common consent Resolution No. 10-21-2004-12.05 approving a professional services contract with O’Malley Engineers, L.L.P., to provide survey, design, construction document preparation services, and construction observation services for Veterans Park and Athletic Complex, Phase II addition, Project PK-0501 in the amount of $458,485.00.

 

12.6          Approved by common consent Ordinance No. 2762 assigning the oil and gas pipeline franchise agreement with Mitchell Gas Services, L. P. to ETC Texas Pipeline, LTD, a wholly owned subsidiary of LaGrange Acquisition, L. P.

 

12.7          Approved by common consent the renewal of Third Party Claims Administrator, A S & G Claims Administration, Inc. Total expenditure is $50,000.

 

12.8          Approved by common consent Resolution No. 10-21-2004-12.08 approving the landfill rates and fees for the Brazos Valley Solid Waste Management Agency.

 

12.9          Approved by common consent an agreement for the relocation of a water line owned by Wellborn SUD to facilitate the construction of improvements to Greens Prairie and Arrington Roads.

 

12.10      Approved by common consent Resolution No. 10-21-2004-12.10 adopting the document, “Mitigating Risk:  Protecting the Brazos Valley from All Hazards, 2004-2009.”

 

12.11      Approved by common consent Resolution No. 10-21-2004-12.11 approving an Optional Relocation Program (ORP) Rehousing Agreement between the City and an eligible housing assistance applicant, and authorizing the expenditure of funds for demolition/construction costs of $67,450 for the project located at 515 Banks.

 

12.12      Approved by common consent Resolution No. 10-21-2004-12.12 determining a public necessity to acquire the fee simple interest in certain property, gives notice of an official determination to acquire the property and establishing procedures for the acquisition of the property.  Said property is located on FM 2154, southeast of Wellborn and Northwest of Millican in Brazos County, Texas.

 

12.13   Approved by common consent a real estate contract that will authorize the purchase of the remaining property to be used for a proposed community park.  The property is located on East Rock Prairie Road, in the southeast part of College Station.

 

Regular Agenda

 

Regular Agenda Item No. 13.1 -- Public hearing, discussion, and possible action on an ordinance rezoning for Tract 9, consisting of 9.62 acres, and Tract 7, consisting of 5.22 acres, of the Kenneth W. Schick Addition, generally located on the southeast corner of Southwest Parkway and Wellborn Road, from A-O Agricultural-Open and C-1 General Commercial to 11.98 acres of R-4 Multi-family and 2.86 acres of A-O Agricultural-Open.

 

This item was removed by the applicant.

 

Regular Agenda Item No. 13.2 -- Public hearing, discussion, and possible action on an ordinance amending Articles 7 and 11 of the Unified Development Ordinance, clarifying standards for commercial banners.

 

Director of Planning and Development Services Joey Dunn remarked that as directed by Council, the Unified Development Ordinance was also amended to prohibit banners throughout the City of College Station.  In exchange, additional square footage for permanent attached signage was included in the ordinance.  Staff recommended the exemption for banners to be allowed for grand openings (maximum of 14 days, after issuance of certificates of occupancy, with a permit).  Although it was not discussed specifically during the September 23rd Council Meeting, the ordinance also included another exemption for banners to be allowed at special events, with the same 14-day, C.O., and permit requirements, as the grand openings exemption.  After adoption of the ordinance, a staff task force was formed to develop an implementation plan for the prohibition of banners throughout the city.  The following outcomes were determined:

 

1.      A grace period would be allowed until Jan 1, 2005 for all establishments and organizations to come into compliance with the new banner regulations.

2.      During this time, staff would systematically notify sign companies, printing companies, and affected businesses and organizations of the new requirements. 

3.      The City of College Station will stop using banners for city events following the Oct 9th Sparktacular Event.  (Numerous banners were already made for this City event.)

4.      An ordinance amendment would be brought back to Council to clarify the Council’s intent regarding special event banners.

 

The proposed ordinance amendment includes clarified definitions and terms for banners, and removes the 14-day allowance for banners at a special event, leaving the exemption for banners to be allowed only during the event itself.

 

Mayor Pro Tem Maloney opened the public hearing.  No one spoke.  Mayor Pro Tem Maloney closed the public hearing. 

 

Council member Berry moved to deny the proposed ordinance.  Council member Happ seconded the motion, which carried unanimously, 6-0.

 

 

FOR:  Maloney, Massey, Happ, Wareing, Lancaster, Berry

AGAINST:  None

ABSENT:  Silvia

 

Council member Wareing moved to strike the following language in Section 7.4 Signs (D):

 

“After adoption of the resolution or approval of the contract, the City of College Station can authorize the following:

 

  1. Sign on a city of College Station water tower;
  2. An entrance sign to be located on City of college Station property such that it is visible from the highway Six East By-pass; or
  3. A sign to be located on City right-of-way.  Said sign shall be displayed for a period ordered by the City Council or as may be decided by it from time-to time.”

 

Council member Wareing motion also included to remove Section E – Exempt Signs and adopt the remainder of the language under 7.4 (D) of the Unified Development Ordinance.  Council member Lancaster seconded the motion, which carried unanimously, 6-0.

 

FOR:  Maloney, Massey, Happ, Wareing, Lancaster, Berry

AGAINST:  None

ABSENT:  Silvia

 

Regular Agenda Item No. 13.3 -- Public hearing, discussion, and possible action on an Ordinance amending Section 7.9 of the Unified Development Ordinance regarding Non-Residential Architectural Standards and Site Requirements.

 

Director of Planning and Development Services Joey Dunn presented an overview of the proposed ordinance, with photos and other information illustrating how these standards will be applied to future commercial projects.  The proposed ordinance includes standards for building mass and design, materials, color, parking lot design, landscaping, and pedestrian improvements.  Requirements for a traffic impact analysis are also outlined in the ordinance, with specific input from local traffic engineer.

 

Mayor Pro Tem Maloney opened the public hearing.

 

The following citizens addressed the City Council regarding the proposed Architectural Standards and Site Requirements. 

 

Sherry Ellison, 2705 Brookway Drive

Veronica Morgan, Mitchell and Morgan Engineering, 511 University Drive East

 

Mayor Pro Tem Maloney closed the public hearing

 

Council member Wareing moved to approve Ordinance No. 2764 amending Section 7.9 of the Unified Development Ordinance regarding Non-Residential Architectural Standards and Site Requirements, as recommended by staff.  Council member Lancaster seconded the motion.

 

Council member Massey amended the motion to approve Ordinance No. 2764 amending Section 7.9 of the Unified Development Ordinance regarding Non-Residential Architectural Standards and Site Requirements, by removing the exemption of stand along restaurants, by adding an exemption under Section I 3 (c) “Landscaping” for Auto Sales, and approving the proposed color palette.  Council member Lancaster seconded the motion, which carried unanimously, 6-0. 

 

FOR:  Maloney, Massey, Happ, Wareing, Lancaster, Berry

AGAINST:  None

ABSENT:  Silvia

 

The City Council returned to Agenda Item 13.2 for staff to clarify the City Council’s action.

 

Council recessed for a short break at 8:35 p.m. and returned to the regular meeting at 8:40 p.m. 

 

Regular Agenda Item No. 13.4 -- Presentation, discussion and possible action on a resolution to petition the Texas Alcoholic Beverage Commission for an order prohibiting open containers of public consumption of alcoholic beverages in a Central Business District.

 

Assistant Police Chief of Operations, Scott McCollum remarked that one of the Core Values for the City of College Station is to promote the health, safety and general well being of the community.  A primary concern was to maintain the public safety in the Northgate area.  Staff has observed the increase in number of individual’s congregating in the promenade area during the spring of 2004.  He introduced Lieutent Rodney Sigler. 

 

Assistant Police Chief Scott McCollum remarked that the following summer staff began receiving complaints from bar owners/managers.  The following concerns voiced were:

 

  • Very large crowds on the promenade and surrounding areas.
  • Patrons bringing in coolers and kegs.
  • Unregulated consumption of alcohol in public area
  • Sale of alcohol in parking lot adjacent to promenade.
  • Minors drinking in the promenade area.
  • Personal drinking on the promenade but using facilities of surrounding businesses
  • Large quantities of trash and filth found by others the morning after.

 

Mr. McCollum pointed out that many groups tout the Northgate promenade as a gathering point for various occasions and special events.  Northgate is no longer a small bar and business district; it is more of an entertainment district like 6th Street in Austin. 

 

Lieutenant Rodney Sigler presented a video clip of the Northgate area describing their experiences on a regular basis.  Mr. Sigler began to evaluate the City’s options.  He solicited information from other agencies, visited Austin Police department pertaining to the managing of 6th Street Ares and consulted with the Texas Alcoholic Beverage Commission.  Also, staff conducted focus group meeting with Northgate bar owners and managers, and conducted a survey of cities in the Big 12.  In order to manage the Northgate promenade area staff recommended the passage of a resolution to petition for the adoption of an order by the Texas Alcoholic Beverage Commission that prohibits the possession of an open container or the public consumption of alcoholic beverages.  After an order has been issued by the Commission, the City of College Station could move forward approving an ordinance to prohibit open containers or public consumption of alcoholic beverages in the Central Business District.

 

Mayor Pro Tem Maloney opened this item as a public hearing.

 

The following citizens addressed the City Council regarding the proposed resolution.

 

Deborah Boyett, 502 Boyett Street

Daniel Brightwell, 1118 South Dexter

Joann Smith, 600 University Oaks Blvd.

Chris Scotti, 710 A San Mario

Berry Irihi, 404 College Main

Robert Forest, 3011 West Wood Main

James Jordan, 2300 Central Park Lane

Carisse Deper, 612 Peyton

 

Mayor Pro Tem Maloney closed the public hearing.

 

Council member Massey moved to approve Resolution No. 10-21-2004-13.04 to petition the Texas Alcoholic Beverage Commission for an order prohibiting open containers or public consumption of alcoholic beverages in a Central Business District.  Council member Wareing seconded the motion, which carried unanimously, 5-1. 

 

FOR:  Maloney, Massey, Wareing, Lancaster, Berry

AGAINST:  Happ

ABSENT:  Silvia

 

Regular Agenda Item No. 13.5 -- Discussion and possible action of two positions on Design Review Board.

 

City Secretary Connie Hooks described the item and pointed out that staff solicited applicants for the vacant positions through the Architecture Society and Architecture Department at TAMU.  Also advertisements were placed in the Eagle and Channel 19.  As of date, the City Secretary office has not received any applications.  Ms. Hooks requested that this item be removed from the agenda and schedule the appointments on a future agenda. 

 

The City Council concurred with Ms. Hooks request.

 

Regular Agenda Item No. 13.6 -- Ciudad Real Committee Report

 

Mayor Pro Tem Maloney presented highlights of the Ciudad Real journey.

 

Regular Agenda Item No. 14 -- The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for October 21, 2004.

 

At 10:00 p.m., Mayor Pro Tem Maloney announced in open session that the City Council would convene into executive session pursuant to Sections 551.071, 551.072, 551.074, and 551.087 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation, to consider the purchase of real property, the appointment and evaluation of public officer(s) and to consider economic negotiations.

 

Regular Agenda Item No. 15 -- Final action on executive session, if necessary.

 

Council returned to the regular meeting at 10:42 p.m.  No action was taken.

 

Regular Agenda Item No. 16 -- Adjourn.

 

Hearing no objections, the meeting adjourned at 10:43 p.m. on Thursday, October 21, 2004.

 

PASSED AND APPROVED this 9th day of December, 2004.

 

 

                                                            APPROVED:

 

                                                            _____________________

Mayor Ron Silvia

 

ATTEST:

 

 

__________________________

City Secretary Connie Hooks