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HomeMy WebLinkAbout01/13/2011 - Regular Minutes City CouncilMINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JANUARY 13, 2011 STATE OF TEXAS COUNTY OF BRAZOS Present: Nancy Berry Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles Jana McMillan Dave Ruesink Citv Staff: Glenn Brown, City Manager Kathy Merrill, Assistant City Manager David Neeley, Assistant City Manager Carla Robinson, Interim City Attorney Sherry Mashburn, City Secretary Merribeth Kahlich, Council Administrative Services Coordinator Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 7:02 p.m. on Thursday, January 13, 2011 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Pledge of Allegiance. Invocation. consider absence reauest. • Citizen Comments Patrick Gendron, 205 Lampwick Circle, reported the Chimney Hill residents would be providing a presentation during Regular Item 4. Linda Hale, 4042 Cody Drive, stated there are problems larger than the Wellborn issue. She said the government needs to stop looking at citizens' money and property as its own to do with as it RM011311 Minutes Page 1 wishes. The government needs to look at how it impacts those who have worked hard to buy a piece of property and consider how its actions are impacting citizens in those jurisdictions. She wants the government to tighten its belt like she will have to do if she is annexed and has to pay taxes. Timothy Delasandro, 3105 Larkspur Circle, reported that a month ago citizens began a petition drive to recall members of Council. It was not personal. They have collected more than 10,000 signatures. The people of College Station are speaking to this Council. This will permanently change the makeup of this council. The petition is the start of the process. Regardless of an April annexation vote, Wellborn will have a voice in its future. Carol Fountain, 14380 Cheyenne Drive, because of the national government she has had an opportunity to present her views on what is happening to her. The fact she can live in an area and not have a vote on what happens is incomprehensible and not fair. She only wants the right to vote. She asked the Council to put annexation of Wellborn on the ballot and give College Station citizens and Wellborn citizens a vote. The law does not say the City has to grab land. It is not constitutional that she cannot have a say in that. If this is put to a vote of the citizens, she will abide by the decision of the people. Brian Alg, Longmire Court, stated that two of the Council indicated they would allow for a separate Wellborn. They should not be allowed to change their minds. He understands the choice to push forward to annex is not irreversible. This is a violation of Wellborn's rights. Mayor Berry acknowledged that she supports the unification of Bryan and College Station. He noted that we live where we live because we prefer different things. The government should be tolerant of those differences. He asked the Council to please table the Wellborn annexation and focus on the issues many campaigned on. There are things of more urgency. CONSENT AGENDA 2a.Presentation. Possible action. and discussion of minutes for December 9.2010 Workshou and Regular Council Meeting. 2b. Presentation. Possible action and discussion on the second reading of a franchise agreement amendment with Brazos Vallev Recvcling to add the collection of food waste for the Purpose of recvcline. multifamily anartments and commercial businesses to its agreement. 2c. Presentation. Possible action, and discussion regarding aimroval of an Interlocal Agreement between the Citv of College Station and BVSWMA Inc. detailing communications services to be Provided to BVSWMA by the Citv of College Station and setting the initial fees for those services. 2d. Presentation. Possible action. and discussion regarding the authorization for the Mavor to execute the easement agreement of a utilitv easements located on the Texas A&M Universitv Svstem Property for the Purpose of relocating underground fiber optic cable. RM011311 Minutes Page 2 2e. Presentation. possible action. and discussion regarding narticioation in an Interlocal Agreement (ILA) between the Brazos Countv Emergency Communications District (BCECD) and the Citv of College Station (the citv) for the nuroose of purchase. maintenance. and oneration of hardware utilized to nrocess CAD and emergency 911 calls. 2f. Presentation. nossible action. and discussion regarding Ordinance 2011-3303. amending an alarm ordinance to include the use of a graduated fine schedule. 2g. Presentation. nossible action and discussion regarding rejection of bid 11-02 for the Bird Pond Road Rehabilitation Project. 2h. Presentation. possible action. and discussion on a change order to the Professional Services Contract 09- 305 with Lockwood. Inc. in the amount of $30.000. for the design of Carter Creek Wastewater Treatment Plant Lab & SCADA Building. 2i. Presentation. nossible action. and discussion of an Interlocal Agreement (H.A) between the College Station Indenendent School District and the Citv of College Station for the exchange of real property for wastewater services. 2j. Presentation. nossible action and discussion for change order to the Professional Services Contract 10-229 with Mitchell & Morgan. LLP for an increase in the amount of $9.849.00 to the Emerald Forest Park Improvements Project. 2k. Presentation. possible action. and discussion on Resolution 01-13-11-2k. rejecting nronosals received pursuant to RFP 10-88 and awarding Construction Contract 11-060 (RFP 11-16) with JaCodv. Inc. in the amount of $684.917.90 for the College Station Skate Park Project. 21. Presentation. nossible action. and discussion regarding_ Resolution 01-13-11-21. revising certain change order nrovisions in our standard contracts for professional services. 2m. Presentation. nossible action. and discussion on Resolution 01-13-11-2m, for Construction Contract 11-070 with Dudlev Construction. Ltd. in the amount of $2.507.475.13 for the Tauber & Stasnev Street and Utilitv Rehabilitation Project. 2n. Presentation. possible action and discussion for a change order to Professional Services Contract 10-126 with Kimlev-Horn and Associates. Inc. for an increase in the amount of $3.750.00 for the Rock Prairie Road West Right of Wav (ROW) Analvsis. 20. Presentation. nossible action and discussion on Resolution 01-13-11-2o for a Memorandum of Understanding (MOM between the Citv of College Station and the Texas Denartment of Transuortation (TxDOT) adopting TxDOT's federaliv-annroved Disadvantaged Business Enternrise Program (DBE) for nroiects that receive federal funds. RM011311 Minutes Page 3 2p. Presentation, possible action. and discussion regarding a change order to decrease Construction Contract 09-267 by $58.250. This contract between Alsav. Inc. and the Citv of College Station is for the construction of groundwater well number 8. 2q. Presentation. possible action. and discussion on Ordinance 2011-3304. temnorarily amending Chanter 10. Section 3E (2)(i)(29). of the College Station Code of Ordinances by changing the posted speed limit on the section of Barron Road between Decatur Drive and William D. Fitch Parkwav (SH 40) to 35 muh for the duration of Citv's construction proiect of Barron Road. 2r. Presentation. possible action. and discussion on approving an annual blanket purchase order for the purchase of auto Darts. shon eauinment and services from NAPA Auto Parts (College Station. TX) through the Purchasing Solutions Alliance (PSA) contract for the amount of $110.000.00. 2s. Presentation, possible action. and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the purchase of Fire Department vehicles. 2t. Presentation. possible action. and discussion on approving annual fire purchases from Pilger's Tire & Auto Center through the State of Texas (T)(MAS) Tire Contract in the amount of $135.000.00. 2u. Presentation. possible action. and discussion on a bid award for the annual agreement for wire and cable to be stored in inventory as follows: Techline $628385.00: KBS $58.950.00: and Wesco $5.580.00. Total estimated annual expenditure is $692.915.00. 2v. Presentation. possible action. and discussion to adopt Ordinance 2011-3305. allowing, the imposition of service fees for credit card navments. 2w. Presentation. possible action. and discussion to adopt Ordinance 2011-3306. establishing a Special Exnense Fee pursuant to Article 45.203(c) of the Texas Code of Criminal Procedures. 2x. Presentation. possible action. and discussion to adopt Ordinance 2011-3307. establishing a Child Safetv Fund pursuant to Article 102.014 of the Texas Code of Criminal Procedures. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing. presentation. possible action and discussion concerning approval to Dublicly bid the final phase of the College Station Bike Loon Proiect. RM011311 Minutes Page 4 At approximately 7:20 p.m. Mayor Berry opened the Public Hearing. Sherry Ellison, 2705 Brookway Drive, stated her support of a motion to bid the final phase of the bikeway project. The task force studied connections, and this loop is an important item. Staff obtained the grant and worked with TXDOT. This segment will go through Bee Creek Park, across Texas Avenue, and over to Krenek Tap. The long sought safe crossing of Texas Avenue will now be possible. There being no further comments, the Public Hearing was closed at 7:22 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Ruesink, the City Council voted seven (7) for and none (0) opposed, to publicly bid the final phase of the College Station Bike Loop Project. The motion carried unanimously. 2. Public Hearing. Dresentation. Dossible action and discussion concerning anoroval to oroceed with an advertisement to solicit construction bids for improvements to Rovder Road and Greens Prairie Trail. At approximately 7:30 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:30 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councihnember Fields, the City Council voted seven (7) for and none (0) opposed, to proceed with an advertisement to solicit construction bids for improvements to Royder Road and Greens Prairie Trail. The motion carried unanimously. 3. Presentation. Dossible action. and discussion on the Tauber & Stasnev Street and Utilitv Rehabilitation Project. Chris Scotti, 7701 Gettysburg, thanked the Council and stated his support. This is a compromise everyone is happy with. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, with Councilmember Crompton abstaining, to proceed with the Tauber & Stasney Street and Utility Rehabilitation Project. The motion carried. 4. Public Hearing, presentation. Dossible action. and discussion on Ordinance 2011-3308. amending Chanter 12 "Unified Development Ordinance." Article 2 "Development Review Bodies." Section 3.1 "General Anoroval Procedures." Section 3.3 "Plat Review." Section 7.1 "General Provisions." Article 8 "Subdivision Design and IMDrovements." and Section 11.2 "Defined Terms." of the College Station Code of Ordinances. specifically related to subdivision regulation standards and other general Drocesses. RM011311 Minutes Page 5 At approximately 7:55 p.m. Mayor Berry opened the Public Hearing. Sherry Ellison, 2705 Brockway Drive, spoke as the Vice Chair of the Bicycle, Pedestrian and Greenway Advisory Board. She thanked staff for updating the UDO and making it easier to use. The Board approves these amendments. The revised UDO will help meet the City goal of connectivity. As a member of a neighborhood with ten cul-de-sacs, she has noticed problems with visibility. It is important that children be able to traverse the streets safely, as well as adults. When someone moves into a home, they expect to immediately use the sidewalk. The Board supports the Planning and Zoning recommendation to build sidewalks within the year. Kevin O'Neill, 1816-3 Brothers, spoke on the color palette. The current system works well, but it might need to be tweaked. He provided an example of poor color choices and stated the City should not mess with the color palette system. Paul Boothe spoke regarding drainage concerns at the western end of Chimney Hill. Flood plain management and storm water quality management for REPLAT development is not adequate. There is a substantial downgrade from the southwest to the northeast. He provided pictures of drainage features. His concerns are based on an independent engineering study that identified erroneous assumptions and omissions in the REPLAT drainage study that are the basis for significant concerns. Outdated floodplain information was used. Based on the site study, 30% of the REPLAT property is below the 100-year flood plain and is not developable. Also, a conservative estimate of the watershed draining into the REPLAT property was used that underestimated the actual flow during the 100-year flood event. These significant differences could increase the chance of downstream flooding. He asked for a future workshop item to address these concerns. Randy Sims, 206 Hearthstone, asked if a hydrology survey was done. That is very important, and most cities do that. The County has to do that by statute. We are putting in more hard surface streets and rooftops, which results in more runoff and flooding of existing homes. He also doesn't want to lose any taxable value in Chimney Hill. Flooding downgrades the value of what a home is worth. We need to try to work together so this is not a disaster. Joe Armon, 207 Hearthstone, provided views of the lot, representative housing projects by the buyer, and representative homes in Chimney Hill. Jerome Rektorik, 437 Chimney Hill, spoke on neighborhood integrity. He noted that zoning for that vacant lot is R-1, but the developer has no real plans for garages or carports. He is not meeting the spirit of the law. The developer has made it clear this is being developed for student housing. He is proud of his neighborhood and wants to keep the neighborhood integrity as it is. There is a real possibility of an increase in crime similar to Spring Loop. When rental and apartment units come, property values go down. The water course is upstream and downstream of this lot. He assumes the City will be responsible for drainage issues, and that may become expensive. He has no objection to having the property developed, but his issue is he wants to have development in accordance with the neighborhood integrity with a single-family home. RM011311 Minutes Page 6 Laura Romo, 202 Fireside Circle, discussed safety issues. There is only one sidewalk on the main street, and the cul-de-sacs do not have sidewalks. Her main concern is the traffic these units would bring in. This is a nice quiet buffered area and highly desired at the moment. Gregg Lancaster, 204 Chimney Hill, stated that everyone on the Council ran on a platform of neighborhood integrity. This is a text book example. He asked the Council to please look at replatting. Chimney Hill was developed in 1952 with single-family dwellings, owner occupied. He asked this be placed on the January 27 agenda to allow residents to share more information with the Council. Patrick Gendron, 205 Lampwick Circle, asked the Council to consider amendments to the replatting process. In 3.3(e)(3)(c), Criteria for Planning and Zoning Approval, he asked that it be amended by adding, "Plats of property zoned as Rl-Residential, the property will be not be approved if it is determined by Planning and Zoning that the property will be primarily used for high density residential". Additionally, he requested a new section be added, 3.3(e)(3)(e), stating, "Adjoining land owners can appeal a Planning and Zoning decision on replats to the City Council". This is a circumvention of R-1 if they can put in high density residential. If the Council does not want to do these amendments, he asked that they table this until later for further discussion. There being no further comments, the Public Hearing was closed at 8:29 p.m. MOTION: Upon a motion made by Councihnember Crompton and a second by Councibnember Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember McMillan voting against, to adopt Ordinance 2011-3308, amending Chapter 12 "Unified Development Ordinance," Article 2 "Development Review Bodies," Section 3.1 "General Approval Procedures," Section 3.3 "Plat Review," Section 7.1 "General Provisions," Article 8 "Subdivision Design and hnprovements," and Section 11.2 "Defined Terms," of the College Station Code of Ordinances, specifically related to subdivision regulation standards and other general processes, with recommended changes submitted by staff. The motion carried. 5. Public HearinE. nresentation, possible action. and discussion approving Ordinance 2011- 3309. vacatinE and abandoning a 2.06 Acre portion of Old Rock Prairie Road Right-of- Wav. which is located at 4005 State Highwav 6 South adiacent to the Rock Prairie Marketnlace Subdivision according to the plat recorded in Volume 9506. Page 205 of the Deed Records of Brazos Countv. Texas. At approximately 9:17 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:17 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011- 3309, vacating and abandoning a 2.06 Acre portion of Old Rock Prairie Road Right-of-Way, which is located at 4005 State Highway 6 South adjacent to the Rock Prairie Marketplace RM011311 Minutes Page 7 Subdivision according to the plat recorded in Volume 9506, Page 205 of the Deed Records of Brazos County, Texas. The motion carried unanimously. 6. Public Hearine. presentation, aossible action and discussion on Ordinance 2011-3310. regardine a Rezoning for 2716 Barron Road of 3.49 acres from A-O Agricultural Open to R-1 Single-Family Residential, eenerallv located between the Sonoma and Edelweiss Subdivisions. At approximately 9:22 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:22 p.m. MOTION: Upon a motion made by Councilmember Fields and a second by Councihnember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011- 3310, rezoning 2716 Barron Road of 3.49 acres from A-O Agricultural Open to R-1 Single- Family Residential, generally located between the Sonoma and Edelweiss Subdivisions. The motion carried unanimously. 7. Adiournment. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to adjourn the Regular Meeting of the City Council at 9:24 p.m. on Thursday, January 13, 2011. Nancy Berry, Mayor " ATTEST: Sherry MasAurn, City Secretary RM011311 Minutes Page 8