City Council Regular Meeting Agenda 2008-05-22 19-00.doc

City Council Regular MinutesPage 6Thursday, May 22, 2008 MayorCouncilmembersBen WhiteJohn CromptonJames MasseyDennis MaloneyLynn McIlhaneyCity ManagerLawrence StewartGlenn BrownDavid Ruesink_MinutesCity Council Regular MeetingThursday, May 22, 2008 at 7:00 pmCity Hall Council Chamber, 1101 Texas AvenueCollege Station, TexasCOUNCIL MEMBERS PRESENT: Mayor White, Council members Crompton, Massey, Maloney, McIlhaney, Stewart, and RuesinkSTAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., Deputy City Secretary McNutt, Management TeamRegular Agenda Item No. 1 - Pledge of Allegiance, Invocation, Hear visitors.Mayor White called the meeting to order at 7:00 p.m. Mayor White led the audience in the Pledge of Allegiance. Council member Ruesink provided the invocation.Hear Visitors Emma Gaskin, 4105 Picadilly, requested Council to develop an ordinance on minors wearing helmets while riding motorcycle, dirt bikes or ATVs.Shirley Kim, 2500 Central Park Lane #803, CS High School student requested recycling for apartment complexes.Anum Chagani, 1501 Harvey Rd., CS High School student requested a Super Wal-Mart in the City of College Station.Christian M. Birmingham, 2508 Monitor Crt., asked parks staff to look into parks maintenance at the Raintree Neighborhood Park. Consent Agenda Item No. 2 - Presentation, possible action and discussion of consent agenda items which consists of ministerial or housekeeping items required by law. Items may be removed from the consent agenda by majority vote of the Council. a. Approval of minutes for City Council Workshop and Regular Meeting, May 8, 2008.b. Approval of a Memorandum of Understanding regarding each partys communication capabilities during emergencies by permitting access to the Citys 800 MHz band radio communication system and the Citys paging system.c. Approval of an amendment to the Update and Support Agreement and License Agreement with Azteca Systems, Inc. approved by Council on December 9, 1999 which amends the covered products, MicroPaver interface. d. Approval of an agreement between the City and Phi-ton Investments for the development of Eagle Avenue in the Dove Crossing development. Estimated construction cost is $800,000 funded by certificates of obligation. e. Approval of Resolution No. 5-22-08-2e authorizing the Director of Electric Utilities to be the signatory authority for all standard form agreement documents related to the Electric Reliability Council of Texas (ERCOT).f. Approval of the revisions to the Citys Homebuyer Down-Payment Assistance Program Guidelines.g. Approval of an Interlocal Agreement between the City of College Station and City of Bryan for On-Line Bidding Services.h. Approval of a renewal agreement with Badger Meter, Inc. for the annual purchase of water meters to be maintained in inventory, Bid No. 07-74, for an annual expenditure of $131,880.00.i. Approval of Resolution No. 5-22-08-2i authorizing a License Agreement with Matthew Moore pertaining to the encroachment of a portion of a structure located at Lot 20, Block 1, Spring Meadows Phase 2 Subdivision, College Station, Texas, according to the plat recorded in Volume 5838, Page 177 of the Official Records of Brazos County, Texas, into easement area.A motion was made by Council member Massey to approve Consent Agenda Items 2a thru 2i and seconded by Council member Crompton. Council member Maloney and Stewart abstained from all consent items. Motion carried 5-0.FOR: Mayor White, Crompton, Massey, McIlhaney and RuesinkAGAINST: NoneABSTAINED: Maloney and StewartRegular Agenda Item No. 1 - Public hearing, presentation, possible action and discussion regarding a rezoning of 130.81 acres from A-O Agricultural-Open to 38.73 acres A-OR Agricultural-Open, Residential and 92.08 acres R-1B Single Family Residential for the property located at 3998 Rock Prairie Road West, Generally located at Rock Prairie Road West and Great Oaks Drive.Bob Cowell, Director of Planning and Development Services presented the staff report on the rezoning application of 130.81 acres from A-O Agricultural-Open to 38.73 acres A-OR Agricultural-Open, Residential and 92.08 acres R-1B Single Family Residential for the property located at 3998 Rock Prairie Road West, generally located at Rock Prairie Road West and Great Oaks Drive. Staff and Planning and Zoning Commission recommended approval of the rezoning request. Mayor White opened the public hearing. The applicant Steve Arden spoke in support of the project and answered questions of Council. No one else spoke. Mayor White closed the public hearing.A motion was made by Council member Massey to approve Ordinance No. 3074 rezoning 130.81 acres from A-O Agricultural-Open to 38.73 acres A-OR Agricultural-Open, Residential and 92.08 acres R-1B Single Family Residential for the property located at 3998 Rock Prairie Road West, Generally located at Rock Prairie Road West and Great Oaks Drive. Motion seconded by Council member Ruesink which carried 7-0.FOR: Mayor White, Crompton, Massey, Maloney, McIlhaney, Stewart and RuesinkAGAINST: NoneRegular Agenda Item No. 2 -Public hearing, presentation, possible action, and discussion on an ordinance amending the Land Use Plan element of the Comprehensive Plan from Industrial / R&D to Residential Attached for 6.2 acres located at 1250 Harvey Mitchell Parkway generally located at the southwest corner of the intersection of Harvey Mitchell Parkway and Luther Street West.Introduced by Bob Cowell, Director of Planning and Development Services.Staff Planner Jason Schubert presented the staff report. Planning and Zoning Commission recommended approval at their May 1st meeting by a vote of 5-2. Staff recommended denial of the request due to the compatibility with the remainder of the comprehensive plan.Mayor White opened the public hearing.The following persons addressed the Council. Tim Coffey, TAMU legal counsel opposed the ordinance amendment. Phyllis Young, 4101 S. Texas Ave. Suite B, REMAX, represented the owner. Ervin Williams, owner of the property addressed the Council. Glenn Schroeder, P&Z Commissioner discussed the Commissions decision to recommend approval to City Council. Eric Mach of Tucker Mach Development addressed the Council. Mayor White closed the public hearing.A motion was made by Council member Crompton to deny the request to rezone property located at 1250 Harvey Mitchell Parkway due to the safety element and quality of life concerns. Seconded by Council member Stewart which carried 6-0. Council member Massey abstained.FOR: Mayor White, Crompton, Maloney, McIlhaney, Stewart and RuesinkAGAINST: NoneABSTAINED: MasseyRegular Agenda Item No. 3 - Public hearing, presentation, possible action, and discussion regarding a rezoning of 71.09 acres from A-O Agricultural-Open to R-1 Single Family Residential for the property located at 450 William D. Fitch Parkway, generally located southwest of the intersection of Barron Road and William D. Fitch Parkway.Bob Cowell, Director of Planning & Development Services presented the staff report on rezoning request of 71.09 acres from A-O Agricultural-Open to R-1 Single-Family Residential for the property located at 450 William D. Fitch Parkway, generally located southwest of the intersection of Barron Road and William D. Fitch Parkway. Staff and Planning and Zoning Commission recommended approval of the request. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.A motion was made by Council member Massey to approve Ordinance No. 3075 rezoning 71.09 acres property located at 450 from A-O Agricultural-Open to R-1 Single Family Residential for the property located at 450 William D. Fitch Parkway, generally located southwest of the intersection of Barron Road and William D. Fitch Parkway. Motion seconded by Council member McIlhaney which carried 7-0.FOR: Mayor White, Crompton, Massey, Maloney, McIlhaney, Stewart and RuesinkAGAINST: NoneRegular Agenda Item No. 4 - Public hearing, presentation, possible action and discussion concerning approval to advertise the College Main Sidewalks Project for construction bids.Chuck Gilman, Director of Capital Improvement Department presented an overview of the College Main sidewalks project that will provide for the construction of new sidewalks between Louise and Cherry Streets on College Main. Staff requested Councils approval to advertise the College Main Sidewalks Project for construction bids.Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.A motion was made by Council member McIlhaney to approve the advertisement for bids on the College Main sidewalks project and seconded by Council member Maloney which carried 7-0.FOR: Mayor White, Crompton, Massey, Maloney, McIlhaney, Stewart and RuesinkAGAINST: NoneRegular Agenda Item No. 5 - Public hearing, possible action, and discussion on an ordinance Budget Amendment #2 amending ordinance number 2999 which will amend the budget for the 2007-2008 Fiscal Year and authorizing amended expenditures in the amount of $8,003,706; and presentation, possible action and discussion on budget transfers between departments and approval of a contingency transfer.Janet Dudding, Assistant Director of Fiscal Services presented an overview of the proposed Budget Amendment #2 that will increase appropriations in the 2007-2008 budget by $7,997,702 and to increase the number of regular full-time positions in the budget by two, as well as the budget transfers between departments and contingency transfers.Operation Budget AmendmentsCapital Improvement ProjectsBudget Contingency/TransfersMayor White opened the public hearing. No one spoke. Mayor White closed the public hearing.A motion was made by Council member McIlhaney to approve Ordinance No. 3076 amending Ordinance No. 2999 that shall amend the budget for FY 07-08 and authorize expenditures in the amount of $7,997,702, increase the number of regular full-time positions in budget by two, and to approve budget transfers between departments and approval of contingency transfer. Motion seconded by Council member Maloney which carried 7-0.FOR: Mayor White, Crompton, Massey, Maloney, McIlhaney, Stewart and RuesinkAGAINST: NoneRegular Agenda Item No. 6 - Presentation, possible action, and discussion regarding the first reading of an ordinance amending the current gas franchise with Atmos Energy Corporation to increase the franchise fee from four percent (4%) to five percent (5%).Hayden Migl, Assistant to the City Manager presented the recent Settlement Agreement from Atmos Energy Corporation amending the current gas franchise fee from four percent (4%) to five percent (5%).Ken Fogle, Manager of Public Affairs was present to answer questions. A motion was made by Council member Massey to approve Ordinance No. 3077 amending the current gas franchise fee from four percent (4%) to five percent (5%) with Atmos Energy Corporation. Seconded by Council member Stewart which carried 7-0. Final reading of the ordinance to be heard at Council meeting on June 26, 2008 FOR: Mayor White, Crompton, Massey, Maloney, McIlhaney, Stewart and RuesinkAGAINST: NoneRegular Agenda Item No. 7 - Presentation, possible action, and discussion regarding adoption of a resolution awarding the sale, exchange or combination thereof regarding approximately 5 acres of land owned by the City of CS located near the intersection of Jones Butler Road and Dowling Road.Bob Cowell, Director of Planning & Development Services presented an overview of the resolution to award the sale, exchange or combinat