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HomeMy WebLinkAbout06/09/2011 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION June 9, 2011 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Jess Fields Karl Mooney Katy-Marie Lyles Julie Schultz Dave Ruesink City Staff: David Neely, City Manager Kathy Merrill, Assistant City Manager Mary Ann Powell, Assistant City Attorney Sherry Mashburn, City Secretary Shelley Major, Records Management 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 7:10 p.m. on Thursday, June 9, 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 request. • Citizen Comments Don McLeroy, 9277 Brookwater Circle, spoke about the down payment assistance program and stated that it is economically unsound. The City doesn't have the same strict standards as a private lender and will make riskier loans. Making more bad loans will hurt the community. This encourages people to buy a house they cannot afford. The program also hurts the neighborhood where the home is purchased. When a person doesn't make a substantial down payment they do not have the incentive to maintain it as it should be, and it is easier for them to walk away. A man with good credit has to compete with the man with poor credit. He stated RM060911 Minutes Page 1 that the money for this program comes from excess money from utilities. This excess money should be spent on utilities. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for May 26, 2011 Workshop and Regular Council Meeting. 2b. Presentation, possible action, and discussion regarding the approval of an agreement with Wellborn SUD to disconnect service for non-payment issues. 2c. Presentation, possible action, and discussion regarding Resolution 06-09-11-2c, approving a conveyance agreement to transfer ownership of 6810 Appomattox an undeveloped property, to Brazos Valley Community Action Agency. 2d. Presentation, possible action, and discussion regarding Resolution 06-09-11-2d, approving a conveyance agreement to transfer ownership of 1123 Phoenix, a vacant property, to Bryan/College Station Habitat for Humanity. 2e. Presentation, possible action, and discussion regarding approval of "Resolution 06-09- 11-2e, Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt" for expenditures related to Electric Utility Capital projects. 2f. Presentation, possible action, and discussion regarding approval of Resolution 06-09-11- 2_f, authorizing City staff to negotiate for the purchase of public access easements needed for the Lincoln Avenue Sidewalk Project. 2g. Presentation, possible action, and discussion regarding award of bid #11-69 to Knife River to provide a six month agreement for the purchase of Type D Hot Mix Asphalt for the maintenance of streets in an amount not to exceed $600,000 ($60.00 per ton). 2h. Presentation, possible action and discussion on the second reading of a non-exclusive franchise agreement with Stericycle, Inc. for the purpose of collecting and disposing treated and untreated medical waste from various health care related facilities. 2i. Presentation, possible action and discussion on the second reading of a non-exclusive franchise agreement with CCA, LLC d/b/a BCS Stop `N Go Potties for the purpose of collecting demolition and construction debris from residential sites. 2j. Presentation, possible action, and discussion on Resolution 06-09-11-2i, for the application and acceptance of a U.S. Department of Justice, 2011 COPS Hiring Recovery Program (CHRP) Grant. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. RM060911 Minutes Page 2 REGULAR AGENDA 1. Public Hearing, presentation, possible action and discussion approving Ordinance 2011-3349, vacating and abandoning a 0.445 acre, 20-foot wide sanitary sewer easement which is located on a 0.54 and a 26.12 acre tract as described by a deed to Emerald Ridge Estates, Ltd. recorded in Volume 8843, Page 107 & 110 of the Deed Records of Brazos County, Texas, as well as a 4,651 square foot, 20-foot wide sanitary sewer easement, which is located on an 18.45 acre tract as described by a deed to Emerald Ridge Estates, Ltd recorded in Volume 8337, Page 36 of the Deed Records of Brazos County, Texas At approximately 7:19 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:19 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011- 3349, vacating and abandoning a 0.445 acre, 20-foot wide sanitary sewer easement, which is located on a 0.54 and a 26.12 acre tract as described by a deed to Emerald Ridge Estates, Ltd. recorded in Volume 8843, Page 107 & 110 of the Deed Records of Brazos County, Texas, as well as a 4,651 square foot, 20-foot wide sanitary sewer easement, which is located on an 18.45 acre tract as described by a deed to Emerald Ridge Estates, Ltd. recorded in Volume 8337, Page 36 of the Deed Records of Brazos County, Texas. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2011- 3350, amending Chapter 12, "Unified Development Ordinance", Section 4.2 "Official Zoning Mad" of the Code of Ordinances of the City of College Station, Texas by rezoning 108.88 acres located at 3100 Haupt Road from A-O Agricultural Open to PDD Planned Development District. Councilmember Schultz recused herself from the dais due to a conflict of interest. At approximately 7:36 p.m. Mayor Berry opened the Public Hearing. Heath Phillips, 2440 Stone Castle, stated that they had worked with staff to create something innovative. The current Barracks townhomes will continue to be built out. The more intense use will be closer to the commercial tracts and will act as a buffer to the single family. Instead of one large park, they decided on a central park with pod parks distributed throughout. Two pod parks along Deacon might have gazebos with picnic tables and barbecue pits. Others may be utilized as dog parks, sand volleyball, washers, etc. They are also proposing a cable wakeboarding park, which is wakeboarding without a boat. It is electrically and air driven and not noisy. It is designed for all ages; 75% of participants are 18-30 years of age. It is a growing sport, with several parks open in Texas. There will be a sports shop and equipment can be rented. There will also be a grill onsite for spectators while having lunch. Sand beach is planned so people can cool off and get into the water to cool off. There has been some concern expressed from the neighbor to the north. He says the park is too intense a commercial use for a suburban RM060911 Minutes Page 3 area. He has done multiple traffic impact analyses and met with staff, and this is a similar use to driving ranges. Only five to six people can do it at a time. On a busy day, they can expect to have 150 participants. Mr. Barger feels this will devalue his property, but lakeview lots are highly desirable. The lots surrounding the park will be premium lots. To be a good neighbor they have gone above UDO requirements with an earthen berm and a landscaping barrier. This will be more attractive and appealing than a concrete wall. John Barger, 8023 Vantage Dr. #840, San Antonio, spoke in opposition to the project. His property was acquired in 1954 and has been in the family since then. He objects to the wakeboard park being adjacent to his property. He showed video clips on various wakeboard parks to demonstrate the background music and crowds, porta-potties, and live band performances. This is a general adult entertainment venue. Personal watercraft is also sometimes allowed. The videos also showed the night effect. This is an inappropriate use in a suburban area. Chuck Ellison, 302 Holleman, attorney for John Barger, stated that he traditionally advocates for land use, but in this case he believes this is inappropriate in a general suburban area. The area is currently zoned for higher density residential, office use and high commercial use. The wakeboard park is 11 acres, seven times larger than the Wolf Pen Creek amphitheater. This is more of a destination amusement park. If it is to be nestled in a neighborhood, then put it in the middle of the Barracks development where the adverse impacts will not affect adjacent properties. The Council has viewed the video of what they can become, and according to existing regulations, these are allowed in C-1 and C-2 if they are 300' away. The skatepark is 300' and across a major road from the nearest residence. The ordinance requires a buffer. He demonstrated the height of the wall and distance of the buffer. He stated they don't have enough information on what it is going to be and the impacts it will have. This is the first time the City has had to deal with this, and the ordinances do not address this intense commercial amusement in a neighborhood. The comprehensive plan goes to great length to protect existing and future neighborhoods. The noise from crowds, music, and food odors are common in wakeboard parks. He encouraged the Council to consider approval of the re-zoning without the wakeboard park and with the conditions set forth by the Planning and Zoning Commission. Marty Cangelose, 9305 Lake Forest Court, stated that he doesn't see any reason why this would affect the value of the residential tract. This whole layout is a mixed-use development. This is primarily student housing. If the park was proposed next to Pebble Creek, that would be different. There is no evidence, no data, to support that the property would be devalued. The property is not conducive to a residential development anyway. As an appraiser, he looks at the highest and best use. Based on the mixed-use here, single-family, the park, and townhomes are legally pennissible. Wallace Phillips, 4309 Valencia, stated he has been an area developer for eleven years and a homebuilder for twenty, and he has done unique developments. Mr. Barger is concerned about inappropriate use or loud noises. Mr. Phillips has spent a year doing his homework, done three TIA's, and has staff and Planning and Zoning support. This is not an amusement park. It is equal to a driving range. If it devalues or hurts the sale of his development, it will be removed. He guarantees it will help sell lots. This will generate 150 trips per day. RM060911 Minutes Page 4 Kent Laza, 13858 Apricot Glen, engineer for the project, clarified that the park cannot be placed in the center; it must be placed at the lowest end. The berm has to be there to build the detention pond in order to hold the water. An earthen berm is an acceptable alternative to a masonry wall. They have done several TIA's on the facilities. The ski park will generate will 359 trips per day. Using the same eleven acres, then the number goes to 456 for commercial use, 558 for townhomes, and 574 for single-family detached. It will be less intense in terms of traffic generated. Planning and Zoning had three conditions: 1) put in a buffer wall behind the commercial tract; 2) construct a road from Holleman; and 3) adjust the length of certain blocks. Planning and Zoning was also concerned with access to the Turner tract and asked for a projection. He showed a couple of options they are looking at. Jesse Duroen, 4010 Sunny Meadow Brook, supports the PDD request. He stated that he is impressed with staffs professionalism, foresight and common sense approach. Developing large tracts present opportunities and challenges for developers. The developer must be proactive in development and use. Refinement of city recommend land uses through a PDD is acceptable. Combining that with the comprehensive plan works well. The proposal PDD represents a well thought through, honest attempt. This is an opportunity to create an active, vibrant age-targeted community. The uses are appropriate in a general suburban area. Immediately nearby are urban areas, and this is a transitional development. There being no further comments, the Public Hearing was closed at 9:07 p.m. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Ruesink, amending the Concept Plan, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz having recused herself, to adopt Ordinance 2011-3350, amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 108.88 acres located at 3100 Haupt Road from A-O Agricultural Open to PDD Planned Development District, with the meritorious modifications recommended by Planning and Zoning, including the street projections to the Turner tract, and as amended by Councilmember Brick, seconded by Mayor Berry to remove from the PDD Exhibit D, 1 D from the Concept Plan notes and section 5 in its entirety with the exception of "E". The motion carried. 3. Adiournment. There being no further business, the Mayor adjourned the Regular Meeting of the City Council at 9:50 p.m. on Thursday, June 8, 2011. Nancy Berry, Mayor ATTEST: J Sherry Ma burn, City Secretary RM060911 Minutes Page 5