
Minutes
Workshop and
Regular Meetings
City Hall Council
Chambers,
COUNCIL MEMBERS PRESENT:
Mayor Pro Tem Maloney, Council
members Massey, Happ, Wareing,
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
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
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:
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
Spearman Realignment will provide additional connection/access to
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.
Rock Prairie Road Classification recommended upgrading
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
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,
AGAINST: None
ABSENT: Silvia
Commissioner White adjourned the Planning and Zoning Commission meeting
at
Council recessed for a short break at
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
Assistant Police Chief Scott McCollum remarked that the following summer,
staff began receiving complaints from bar owners/managers. The following concerns voiced were:
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
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
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:
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
FOR: Maloney, Massey, Happ,
Wareing,
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
FOR: Maloney, Massey, Happ,
Wareing,
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 –
October 27 - 29 TML Annual Conference – Corpus Christi
November 2 Transportation Committee –
November 3 Trans-Tex Corridor (TxDot)
November 3 MPO
November 3
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
Cause No. 52,434-361,
TCEQ Docket No. 2002-1147-UCR;
Applications of Brushy Water Supply and
TCEQ Docket No. 2003-0544MWD; Application of Nantucket, Ltd.
TXU Lone Star Gas Rate Request
Cause No. 03-002098-CV-85,
Civil Action No. H-04-1921,
Cause No. 04-002379-CV-272,
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.
Workshop Agenda Item No. 9
-- Final Action from Executive Session, if necessary.
Council returned from executive session at
Regular Meeting
Mayor Pro Tem Maloney called the regular meeting to order at
Judge Spillane introduced Luther O’Banion as the
10. Hear Visitors
The following citizens addressed the City Council in opposition the
proposed Fire Station No. 3 location.
Jo Ellen (Jean) Nixon,
David Rudd,
Paula Murphy, 1802 Springbrook
Betty Milburn,
Mary Triana,
Richard Rychetsky, 1109 Mallory,
Rebecca Love,
Joan Ghani,
Kathy Rudd,
Damon Pfaltzgraff,
Christine Livingston,
Richard Rudd,
Council recessed for a short break at
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
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
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
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
1. A grace period would be allowed until
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
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
FOR:
Maloney, Massey, Happ, Wareing,
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
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,
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,
Veronica Morgan,
Mitchell and Morgan Engineering,
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,
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
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
Assistant Police Chief Scott McCollum remarked that the following summer
staff began receiving complaints from bar owners/managers. The following concerns voiced were:
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
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
Mayor Pro Tem Maloney opened this item as a public hearing.
The following citizens addressed the City Council regarding the proposed resolution.
Deborah Boyett,
Daniel Brightwell, 1118 South Dexter
Joann Smith, 600
University
Chris Scotti, 710 A San Mario
James Jordan,
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,
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 --
Mayor Pro Tem Maloney presented
highlights of the
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
Regular Agenda
Item No. 16 -- Adjourn.
Hearing no objections,
the meeting adjourned at
PASSED AND APPROVED
this 9th day of December, 2004.
APPROVED:
_____________________
Mayor Ron Silvia
ATTEST:
__________________________
City Secretary Connie
Hooks