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HomeMy WebLinkAbout03/22/2011 - Special Minutes City Council (2) MINUTES OF THE SPECIAL CITY COUNCILMEETING CITY OF COLLEGE STATION MARCH 22, 2011 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles Jana McMillan Dave Ruesink City Staff: David Neeley, City Manager Kathy Merrill, Assistant City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Special Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 6:07 p.m. on Tuesday, March 22, 2011 in the Wellborn Community Center, 4119 Greens Prairie Road West, College Station, Texas. 2. Public hearing, presentation, possible action, and discussion regarding annexation and the annexation service plan for approximately 649 acres located on the southwest side of the City, identified for annexation under the exempt status. Lance Sims, Assistant Director of Planning and Development Services, displayed a map showing the proposed area of annexation. White areas indicate three property owners that opted for a non-annexation development agreement. This annexation will increase the size of College Station by 2%, with a population increase of two-tenths of one percent. This is the first of two Public Hearings. The second Public Hearing will be March 24, and the Council will consider annexation at the April 14 meeting. The service plan will provide services to the annexation area in a manner comparable to the level of service available to similar areas of the City. It does not reduce the service level within existing city limits by more than a negligible amount. Immediate SM032211 Minutes Page 1 services include police protection; fire protection; emergency medical service; solid waste collection; the operation and maintenance of water and wastewater facilities; operation and maintenance of public roads/streets; operation and maintenance of publicly-owned parks, playgrounds, and swimming pools; and the operation and maintenance of other publicly-owned facilities. Additional services include building permits and inspections; planning and development services; economic and community development; animal control; code enforcement; and recycling collection. Capital improvements in the service plan include wastewater service and street/road improvements. All other services in the annexed area will be served through existing facilities, mutual aid agreements, and franchise agreements. At approximately 7:43 p.m. Mayor Berry opened the Public Hearing. Steve Arden, 1101 University, stated that his boyhood home was located in the southwest part of town just outside the city limits. It was an idealic place to grow up. Soon, the growth pattern started moving his direction. The first thing to happen was the lake became controlled, and commercial growth grew up around lake. Homes moved up to and around his own home, so he understands the resident's feelings, but after many years, he came to realize the real value was in the growth pattern. Properties realize their real value when subdivision and development occurs. The real value for Wellborn is the growth pattern, and they should be taking advantage of that. Many may not appreciate that now, but their heirs may do so in the future. Terry Childers, 4400 Belvoir, related his municipal experience and the planning and growth management strategies employed by those cities, resulting in higher quality communities. He believes that College Station is on the cusp of making those same decisions. The recent census indicates that College Station is growing faster than other cities, and we need to plan for that growth using all the tools available. To do otherwise will result in a second class community. He offered an example of Oklahoma City, which grew around pocket communities and surrounded them by the city limits. Oklahoma City had to support those communities because those communities could not afford to provide the full breadth of services to their citizens. Duke Hobbs, 1301 Essex Green, said logic indicates that Wellborn will be a part of College Station, whether by annexation or as an incorporated area surrounded by College Station. It can be zoned to maintain its rural feel like the Fox Fire subdivision, or it can become a small city surrounded by a larger city. It is logical to be annexed. If maintaining a separate community is so important, why didn't they incorporate in last one hundred years. He asked them to please join College Station. Veronica Morgan, 905 Candlelight, said the basic question is if there is room for a city of Wellborn. Months ago she would have said yes and even signed the original petition. She is familiar with Bellaire and West University, which are both surrounded by Houston. However, she does not believe these two communities can co-exist. In this case, there is no middle ground because there is no compromise on the map. The map that many have seen shows that it was disjointed and haphazardly put together. No city in the state that would agree to such a map, creating an adjoining community. She tried to help with the map, but was told there would be no compromise with the map. She provided some history of the petitions and litigation, stating her tax dollars are being spent, and this is not a wise use. SM032211 Minutes Page 2 Chris Scotti, 7701 Gettysburg, expressed his sympathy for Wellborn residents and reported that he had even voted against annexation in February 2008. He removed that area from consideration because of the number of passionate pleas. Wellborn leaders convinced him that they would begin incorporation proceeding immediately. It was supposed to be a small area, not the current sprawling map with long arms. This area must be part of a city. Counties are not equipped to handle the development issues this area is seeing. He saw several yrs ago that the rural lifestyle would be changing, and here we are today even further behind the curve. College Station cannot allow this to continue. The prudent thing to do is to annex the area and work with the residents to maintain their rural lifestyle. He wished h had voted for annexation three years ago. John Nichols, 1317 Angelina Court, remarked about the comprehensive plan and noted this is the foundational document for decision making. The existing plan does identify some of the paths being considered tonight. Some on the Council may not have voted for that document, but they are the stewards of that document and the community. The plan is a living document. Chapter 8, Map 8-1, designates areas that might be considered for annexation. Growth is a fact of life in College Station, bringing with it development pressure. As a Council, we have to consider the impact of growth, not only on current land owners, but future land owners as well. 20-30 years from now, citizens will continue to expect efficient services. We need to preserve future options for good public services. Mark Boller, 5155 Straub Road, reported he served in the military, and if others have served, then they want the right to vote. That's what he served for. Men that have given their life for that right to vote are turning over in their graves right now. Comments have been made that Wellborn uses College Station roads and parks, but he doesn't think that is accurate. The roads are county and state roads. If a person lives out in country, then they don't have the need or the time to go to a park. He does agree with statements that Wellborn is opposed to taxes. That is because College Station is not being good stewards of the money it has. Why would they give the City more? He asked the Council to put themselves in Wellborn's shoes and see how they would feel if they could not vote in the presidential election. Larry Schueckler, 15206 Post Oak Bend, reported that he built his home in Wellborn 35 years ago. He has seen the community grow up with paved roads, banks, restaurants, and schools. He has long suspected that the area would become College Station some day. His home was annexed a while back, and he has experienced good service from police, solid waste collection and recycling. It is working well for him. He wants this to be resolved so he is not embarrassed to say he lives in the Wellborn community anymore. Bette Smith, 15032 Turnberry, brought a paper clip as visual aid and stated she has used it for 28 years to vote every election. She and her husband vote an absentee ballot because her husband is in the military. One democrat and one republican sit at the table and vote. Some have said SM032211 Minutes Page 3 what a waste of time because they are cancelling each other out. She asserts it is not a waste. People are dying so that we can vote. Dr. Leigh Turner, 3301 Triple Bend, provided information regarding the laws for incorporation of cities. For Wellborn to incorporate, Texas law requires College Station to provide permission. This ability of College Station is not a common practice nationally. 38 states provide for citizens in the ETJ to vote on their own destiny, and it is a growing trend. It is also not uncommon for cities in Texas to allow communities to incorporate within the city's existing ETJ. She provided examples of such incorporations and stated that incorporation within an ETJ is not an anomaly. She reported that the Woodlands will hold an incorporation election in 2014. Elizabeth Terry, 5344 Stousland, provided written comments, attached. Joe Kuhn, 3457 Greens Prairie, stated he had moved here from Port Aransas. They went through many years dealing with Corpus Christi, which dreamed of more power, more land, and more money through taxes. He moved here because he likes being across the street from the city, but living in the country. There was an article today about a settlement agreement. One of the reasons for annexation that has been mentioned was to manage fiscal responsibility. This is not a good example of fiscal responsibility. Joel Mitchell, 2070 Carter Lake, reported he was annexed three years ago and lived through what Wellborn residents are living through, however, the real problem was fear. There were many rumors about tree cutting, street lights, curb and gutter, etc. People were afraid College Station would ruin the rural lifestyle. He does pay more taxes, but he gets more things in return. He now pays $650 more in taxes, but $300 less in homeowners' insurance, and $150 less in garbage fees, etc. Staff made the process painless and simple. He still has his trees. He still has the same street lights. He still has the same streets and rural lifestyle. All the fear was not true. As a citizen of College Station who has only voted in two elections, he elected the Council to look out for the benefit of the whole city, not special interest groups. Timothy Delasandro, 3105 Larkspur, reported that House Bill 107 was voted out of committee in Austin today. He reminded everyone of the 10,000 signatures on the recall petitions to prevent the annexation efforts. The Save Wellborn group had hoped that 2,100 citizens voicing their opposition would have merited the Council's attention so that everyone could sit down and negotiate a compromise. He noted that if annexed, the City will take in a net positive of $26,000 at a cost of $4.5 million. Full roll out is thirty years from now. It will be 132 years before College Station breaks even. That means our great-grandchildren will be paying negative equity from this act 150 years from now. This is not being fiscally responsible. Until this issue goes to the citizens, it will not be resolved. Fallout from this will impact College Station for years to come. This will fail without public support. Fred Bouse, 811 Plum Hollow, stated this issue is about citizens' property rights and controlling others' lifestyle. Area residents will be subject to City ordinances and controls. Those do not make sense in a rural community. Building structures for FFA projects will have to comply with city codes and ordinance, if even allowed to build. It is inconceivable that the City is able to annex without the consent of the impacted residents. Wellborn residents are already adequately SM032211 Minutes Page 4 supplied with water and electric services, and the county provides law officials. The community does not need College Station services. College Station can expand around the community without annexing the area. Mike Fulfer, 14537 S. Dowling, said everyone has their minds made up about what they are going to do. He is curious as to what is the big issue to do this. He grew up in Houston and went to Bellaire High School. There are incorporated areas with the Houston city limits, and they are all profitable cities. Wellborn could become a gold mine if left alone. What will Wellborn get for their tax dollars? It seems his money is going to get a man in a blue uniform instead of a brown one. He doesn't need that. As an existing community, unless there is some development overhead, it doesn't get anything. David White, 5605 Polo, asked the audience to raise their hands in favor or against the annexation. He then reported he met in Austin to discuss House Bill 107, and the vote was 7-0 to move the bill through the legislature. A city planner can justify anything, but people are what make America. He directed Council to look out to the people that are going to be affected and asked how can they sit there, see row of hands, and still think to annex. Hazel Royder Von Roeder, 904 Wedgewood, asked the Council to keep Wellborn Wellborn. Her ancestors were the early founders of Wellborn, which was established seven years before College Station. In 1938, when she was a junior in high school, Bryan was going to annex College Station. College Station was given the privilege to vote, and they incorporated. She asked the Council to put themselves in her place. Jane Cohen, 3655 McCullough, reported that former mayor, Ben White, tried to meet, but there are some that think it was just a political ploy. Since then, there have been several meetings. She noted that Mayor Berry met with A.P. Boyd and discussed the map and drew lines. Another meeting between Boyd and Cohen and the Mayor and Councilmember Maloney occurred, and they did not discuss the map. It is inaccurate to say they did not negotiate the map. The petition this summer was by College Station citizens. A service plan is a contract. A contract is an agreement between two parties. She doesn't see where Wellborn was given an opportunity to participate in that contract. She asked the Council to listen to the citizens, both College Station citizens and ones they are proposing to annex. Alan Smith, 15032 Turnberry, retired military, stated he fought to guarantee the rights of all citizens. Those rights include self-determination, such as voting and property rights. Petitions were signed by the citizens of College Station. Those petitions asked for the right to vote and have not been acted upon. He asked why not and reiterated that is what many fought for. The U.S. Constitution, the Voting Rights Act, and anti-di scri minatory laws guarantee the right of all people to vote. These laws trump any laws in the College Station charter. He asked Council to reconsider allowing the citizens of College Station to vote. Bonita Daily Simpson, P.O. Box 14, Wellborn, said all they are asking for is the right to vote to incorporate. She has been here 43 years and her ailing father has been here 75 years. All her ancestors were raised in Wellborn. She encouraged the Council to visit Salem Cemetery, where there are some born in 1851. She thanked those that support Wellborn. For those against SM032211 Minutes Page 5 Wellborn, when they go before her father on the day of judgment, they will have to answer to him. Steve Graebner, 14356 Cheyenne, did not speak. Steve Wiggins, 17040 Calumet, stated this meeting is not about annexation but about the process of annexation. It is really about whether Wellborn has the right to vote and if the citizens of Wellborn have the right of self-determination. This may be in the best interests of College Station, but he questioned if Council is willing to impose its will on Wellborn without giving them the right to vote. City government has shown increasing willingness to impose its will on the citizens, and now it is imposing that same will on the ETJ. All they are asking for is the right to vote. He asked again if the Council is willing to impose its will without checking with the people it is going to impose upon. Dan Hale, 4042 Cody, stated he does not preservation of the rural atmosphere as he drives down the road. It appears to be development for development's sake. It does not preserve a certain lifestyle, and he doesn't think the Council has any thought on how to preserve that lifestyle. He asked Council to allow Wellborn to incorporate and preserve its own identity. AP Boyd, 5245 Straub, stated he enjoys it out here and it is his lifestyle. He doesn't want to change. Lynn White, 5605 Polo, remarked she went through the annexation experience before, and it was not fun. When Moses and Joshua prepared to take over the land of Canaan, one of their main charges from God was not to take more land than they could manage. The timeline for this action is mainly to get a deal done before changes take place. She asked the Council to take time and have a true dialogue. No one solution is 100% right or wrong. When we rush there is no quality decision making. We must take time to get the best outcome. We should work together and compromise with one another. Greg Taylor, 15791 IGN Road, said he has come to realize that College Station has the power to do what is in its best interest as provided by the state of Texas. The other side of that is when cities were given power over the ETJ, they were also given the responsibility to guard the health and safety of the ETJ citizens. He doesn't hear a concern for that responsibility. The deeds of College Station do not reflect living up to that responsibility. It is in the best interest of the ETJ to have a voice in their future by vote. This is being discussed in Austin by the state legislature. We should wait to see what their wisdom is; any marginal revenues gained will be infinitesimal. Joseph Nagyvary, 3968 Cody, said he has heard much about the material interests and benefits for College Station. He cannot identify any item that benefits him as a Wellborn resident. He challenged the notion that growth would be managed by the College Station Council which has not exhibited any skills in the last 35 years. He emphasized that as an immigrant, he is a great believer in democracy. Mark Lacy, 12469 Cheyenne, stated the right to vote is a major issue. There have been comments regarding the gerrymandering of the proposed Wellborn city limits. State law SM032211 Minutes Page 6 provides the requirements on how this is done; it is a certain number of people for a certain number of square miles. It has been said that College Station needs the addition of Wellborn to grow. College Station is only 61% occupied; there is plenty of room for growth in the city limits. It is said that Wellborn will block growth to the south. College Station has already bypassed Wellborn so that doesn't hold any water. There have been members of council that have said if they were being annexed they would fight, too. There need to be rules regarding growth. His subdivision has deed restrictions. Aspen Heights was given access to City sewer, and that place was built without any controls. Gary Potter, 5609 Straub, stated the earlier presentation just defends what the City wants to do. The City cannot provide anything to Wellborn they don't already have. If Council chooses to vote for annexation, then they will do it because they want to, not because they have to. It is not constitutional for a governmental body to have control over others when they were not elected by those people. This community has been here for a long time. He asked Council to look into their hearts and ask themselves if they want to cast the vote responsible for destroying the little town of Wellborn. Linda Hale, 4042 Cody, said she was happy that the gentleman on Carter Lake had a good experience. She noted it was a subdivision, not a community of 160 years with fifth generation families growing up here. The City has the power to do that, but it is wrong. There being no further comments, the Public Hearing was closed at 8:12 p.m. 3. Adjournment MOTION: There being no further business, Mayor Berry adjourned the Special Meeting of the College Station City Council at 8:12 p.m. on Tuesday, March 22, 2011. The motion carried unanimously. Nancy Berry, Mayor ATTEST: Sherry Mas urn, City Secretary SM032211 Minutes Page 7 ( ( (*