Loading...
HomeMy WebLinkAbout12/09/2010 - Regular Minutes City CouncilMINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION DECEMBER 9, 2010 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry Council: John Crompton Jess Fields Dennis Maloney Katy-Mane 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 Tanya McNutt, Deputy City Secretary Call to Order and Announce a Ouorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 7:00 p.m. on Thursday, December 9, 2010 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Pledee of Alleeiance. Invocation. consider absence reauest. • Citizen Comments Elizabeth Smith, 15032 Turnberry Circle, stated that there are twenty states with old laws denying civil rights. As College Station increases in size by annexation, they decrease the pleasure of living in a rural community such as Wellborn. Paraphrasing an Obama-Biden statement, she remarked that cities discriminate by choosing which neighborhoods they annex. RM112210 Minutes Page 1 She noted the quality of life will deteriorate with increased traffic, increased runoff, etc. She was surprised to find out she could not vote on this annexation. Sarah Shaffer, 16414 Calumet Trail, said she enjoys living out in the country. She lived in College Station for three years but decided to build in Wellborn. She came from Oklahoma to Houston, then retired from Houston and began looking for the right environment for the amenities they wanted but also close enough to neighbors and friends. They wanted to live outside in the country. This is an entirely different way of life that will change if city rules are applied. They enjoy the small wildlife, and no hunting is allowed; it is like a wildlife preserve. If there is an election, and neighbors vote to be annexed, that is one thing, but taking us in without a say is wrong. Karen Severn, 6401 Johnny Bars Trail, asked the Council to think about the people whose sons and daughters are on their way to Afghanistan or Iraq. They put on that uniform to protect and serve and to protect our right to vote. If she had been here 150 years ago, she would not have imagined that she could not vote in the state of Texas. Voting is an important fundamental right. Without it, you allow other people to control your life. In Wellborn we live together and are the best people to know what Wellborn wants. The City plans to only take in 15% of the residents, leaving the other 85% to pursue whatever, perhaps incorporation. Mike McCleary, 3649 Barron Cut-Off, wanted to know what will happen after he is annexed. He has lived in Wellborn 40 years and raised seventeen sons. He has open-range chickens; will he still be able to have open-range chickens? He has played polo for many years and has fifteen horses now. Will he still able to have those to carry on with his livelihood? He and his sons trapped twenty-three hogs in a period of five days. Will he still be able to slaughter hogs after he is annexed? Will he still be able to raise hogs to eat? He is teaching a puppy to hunt; will he still be able to shoot doves. Carol Fountain, 14380 Cheyenne, stated that the Council was voted into office and given power to handle the business of the City. It is in the Council's power to give us the right to vote on annexation. She asked what the Council is afraid of. She will relocate to parts further south if she is annexed. She doesn't want Wellborn to expand. She chose to live in a rural area, and when it no longer is rural, she will leave. She expected College Station to expand, but she never thought her right to vote would be denied. Mary Ann Nagyvary, 3968 Cody, stated that five Councilmembers voted to start the annexation process just a few days after meeting to discuss a win-win solution. That was not honorable or having integrity. She doesn't feel they should have to demonstrate why allowing a group of citizens to vote on their own destiny is a financially prudent move. Financial justifications are wrong. The law that allows the City to rape Wellborn is wrong. The law is antiquated; it was passed in 1963. Change is beginning with the pre-filed House Bill 107. College Station is trying to rush annexation because soon it will be illegal to land grab this way. Most states do not have these unjust annexation laws. 1,500 College Station voters signed a petition asking the City to allow Wellborn a vote. Let them tell you so with their direct vote on this issue. RM112210 Minutes Page 2 Timothy Delasandro, 3105 Larkspur, reported that he, along with a committee of petitioners, filed an affidavit with the City Secretary to recall Mayor Berry and Councilmembers Crompton, Maloney, Lyles, and Ruesink. This was not personal. He actually voted for three of these. He noted that the Republican Parry platform asserts. "all parties in annexations proceedings should be guaranteed this referendum" and the Democratic Parry platform says to let the people vote. He said the Council has left the citizens no option but this. He remarked that the resulting lack of quorum will be a temporary situation until May elections. The only major effect will be to impose the peoples' will on this Council. He urged everyone to save Wellborn, and support the recall. Joseph Nagyvary, 3968 Cody, came to Texas in 1967. He is familiar with the development of College Station since that time. He is against the resolution to annex Wellborn and noted that College Station exists because of the university and would not be viable without it. College Station is not a traditional city, but a neighborhood sprawl by choice. Expanding the borders indefinitely dilutes and diminishes the services they would receive. We should create more independent green communities like Wellborn. Heidi Rockwell, 14469 Cheyenne, said her family has lived in Wellborn because they wanted a country lifestyle. She wants to live the same way she's been living. She hears that things will be changing a lot and not in her favor. Robert Fountain, 14380 Cheyenne, recited parts of the 2010 party platforms. The Democratic Party strongly supports private property rights protected by the constitution. The Republican Party states that all parties in annexations proceedings should be guaranteed this referendum they must authorize this proposal. The right to vote has been denied. Leaving Wellborn alone to decide themselves is a better choice. They only want the right to determine their own destiny. Linda Hale, 4042 Cody, said she is learning that vigilance is the price of freedom. She never imagined she would have to troll the agendas to see what the City was going to do to them next. They are not going to go away. Just because the City can legally do what they are planning to do, does not make it right. It is legal for the City to allow Wellborn to vote, but the City chose to not allow that. It is legal and right for Wellborn to use whatever means to fight an unjust annexation law. There is still an opportunity to make this a win-win situation: the City can vote to stop annexation proceedings. Allow College Station voters to vote on whether they want another neighborhood or a small town to the south. Pat Buck, 4014 Cody, said she has been a resident of Wellborn for thirty-nine years. She operates a small cow/calf operation. Her property is next to an atrocity, Aspen Heights. The residents are transitory and don't care how loud their music is or about the trash they leave behind. She is constantly having to pick up their trash. She was recently informed that an unregistered sex offender was living there, and there are drug dealings. They have also experienced increased drainage problems in the Shiloh subdivision. The runoff increases the flood threat to homeowners in the subdivision. Law enforcement in the area was a rarity until Aspen Heights came in. RM112210 Minutes Page 3 Dr. Leigh Turner, 3301 Triple Bend, remarked that at the last meeting Councihnember Lyles voted for the annexation because no one could tell her why Wellborn incorporation would be good for the City. She, herself, was surprised to learn the cost to the City is not gathered until after the annexation is made even though the services must be made in the short term. It is not in the City's financial interest, but it is the right thing to do. The Council was elected to represent College Station residents. 1,500 residents signed a petition asking to give Wellborn the right to vote. People are watching to see how we are being treated. She cautioned the Council to be wise stewards of their citizens' dollars and to act with integrity; it is in the best interest of College Station to allow Wellborn the right to vote. Lois Rockwell, 14469 Cheyenne, stated that she stood here with her hand over her heart and said "liberty and justice for all". She asked what the Council believed. The Council has no right to smirk at speakers; these are our property rights. She reiterated that councilmember's were smirking while people were speaking. The Mayor asked her to stand down. Mark Lacey, 14469 Cheyenne, stated that he did not ask Heidi to speak; it was her idea, and she wanted to speak. Someone was smirking while she was talking, and everybody knows who it is. He stated that they are not being respected by the members of the council. The Council does not have the right to take this personally; they all need to be objective. He noted that the Mayor signed the petition and then took it back. They are not going away. The Mayor asked him to stand down. A.P. Boyd, 5245 Straub, talked about private property rights. The governor started a state transportation forum to buy right-of-way from one side of Texas to another. After several years he ran into roadblocks, and he stopped that because people did not want their property taken. If the governor can look at that and say he made a mistake and go back to the way they used to do it, then why can't College Station. CONSENT AGENDA 2a.Presentation. nossible action. and discussion of minutes for November 22. 2010 Workshop and Regular Council Meeting,. 2b. Presentation. Dossible action, and discussion regarding adontion of 2011 Council Meeting Calendar. 2c. Presentation. Dossible action. and discussion on approving total health plan expenditures for the Deriod of January 1. 2011 through December 31. 2011. The proiected amount for both the renewals and total oroiected exnenditures is $7.574.073.48. 2d. Presentation. Dossible action. and discussion on aDDrovine an agreement with Allstate to provide voluntarv Critical Illness and Accident Insurance for the period of Januarv 1. 2011 through December 31. 2011. RM112210 Minutes Page 4 2e. Presentation, possible action, and discussion regarding contract renewal for Third- Partv Claims Administration with A S & G Claims Administration Inc., for an annual expenditure of $52.000. Anticipated FY11 workers compensation claims are $225.000 and anticipated FY11 liability claims are $300.000. 2f. Presentation. possible action. and discussion regarding the renewal of an annual purchasing agreement for dewatering chemical (polvmer) with Fort Bend Services. Inc. not to exceed $39.200. and an annual Purchasing agreement for dewatering chemical (nolvmer) with Atlantic Coast Polvmer. Inc. not to exceed $172.560. 2g. Presentation. possible action and discussion of the renewal of two Master Agreements for Real Estate Appraisal Services: Hohkamn Realtv Consultants (Contract No. 09-314) and S.T. Lovett & Associates (Contract No. 09-218). Each Master Agreement will not exceed $50.000. Approval of the renewal of these agreements will authorize the Citv Manager or his delegate to approve Service Orders for each nroiect within the terms of each Master Agreement. 2h. Presentation. possible action. and discussion on a Professional Services Contract 11- 063 with Malcolm Pirnie. Inc. for $406.641.00 for design. bidding. and construction phase services for the Dowling Road High Service Pump Station Improvement Proiect. 2i. Presentation, possible action, and discussion on a Professional Services Contract 11- 064 with Jones & Carter. Inc. for $242.000.00 for design, bidding, and construction phase services for a lift station to be constructed near the intersection of Rock Prairie Road and State Hiehwav 6. 2j. Presentation. possible action. and discussion on a change order to the Professional Services Contract 09-070 with Weston Solutions. Inc. for an increase in the amount of $103.647.00 to the South Knoll/The Glade Utilitv Rehabilitation Proiect. 2k. Presentation. Possible action and discussion on renewing the annual contract for gasoline and diesel fuel (Contract #10-054) with Brenco Marketing Corporation (Bryan, TX) for one year: and authorize the annual estimated expenditures of $1.252,000.00. 21. Presentation. possible action, and discussion on an Interlocal Agreement for coonerative Purchasing activities between the Citv of College Station and Citv of Fort Worth. 2m. Presentation. Possible action, and discussion on a Participation Agreement with JP Morgan Chase for commercial card services related to our procurement card Program. 2n. Presentation, possible action, and discussion regarding approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt for the Southwood 5-7 Rehabilitation nroiect. RM112210 Minutes Page 5 2o. Presentation, Possible action, and discussion regardinn_ an update to the Intergovernmental Contract between the Citv of College Station and the Citv of Brvan for the oDeration of the Larrv J. Ringer Public Library. 2p. Presentation. Possible action. and discussion regarding auoroval for the Purchase of two (2) IBM Svstem i Servers, resnective Oneratine Svstem (OS) and backun software. High Availabilitv (HA.) data replication software, and related suDDRes for an amount not to exceed $200,000, and anDroval of a resolution declaring intention to reimburse certain exnenditures with Proceeds from debt. 2q. Presentation. Possible action, and discussion regarding aooroval of a contract with MicroAge of College Station for computer network eauipment. software and services to Provide imnroved electronic data storage and management in an amount not to exceed $177.802.58. 2r. Presentation, Possible action and discussion on the first reading of a franchise agreement amendment with Brazos Vallev Recvcling to add the collection of food waste for the Durnose of recvchng, multifamily apartments and commercial businesses to its agreement. 2s. Presentation. Possible action, and discussion regarding a change order to the design contract (Contract No.10-210) with Mitchell and Morgan in the amount of $12.700.00 for the FM 2818/Jones Butler Waterline Conflict nroiect. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Lyles, 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 regarding an Ordinance amending Chanter 12. "Unified Develooment Ordinance." Section 4.2. "Official Zoning Man." of the Code of Ordinances of the Citv of College Station. Texas. snecificalty rezoning 1.317 acres from PDD Planned Develooment District to PDD Planned Development District to modifv the District Concent Plan 330-A Holleman Drive East. generallv located southeast of the intersection of Holleman Drive East and Lassie Lane. At approximately 8:24 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:25 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 approve an ordinance amending Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, specifically rezoning 1.317 acres from PDD Planned Development District to PDD Planned Development District to modify RM112210 Minutes Page 6 the District Concept Plan 330-A Holleman Drive East, generally located southeast of the intersection of Holleman Drive East and Lassie Lane, as recommended by Planning and Zoning. The motion carried unanimously. 2. Public Hearing, presentation, nossible action and discussion regarding a Rezoning for 3180 Cain Road of 19.575 acres from A-O Agricultural Open to C-1 General Commercial. R-3 Townhouse and R-4 Multi-Familv located at 3180 Cain Road and more eenerally located west of the intersection of Old Wellborn Road and Cain Road. The applicant withdrew his application. 3. Public Hearing. presentation, possible action. and discussion regarding an alarm ordinance amendment to include the use of a graduated fine schedule and a third party vendor to administer the alarm program. At approximately 8:45 p.m. Mayor Berry opened the Public Hearing. Joe Foster, 710 Honeysuckle, owner of Titan Security Solutions, stated that these charges are reasonable. The City needs to attack false alarms; Bryan did it the wrong way with an upfront fee for having an alarm. He cautioned the City to be careful with the third party vendor. He is willing to donate time to train citizens on how to deal with a false alarm. David Elizondo, 2151 Harvey Mitchell Parkway #201, owner of Advanced Security Concepts, is also in agreement with the fees; however, he feels they should be a little higher to cover costs. He cautioned against fly-by-night companies who are only in the business to collect the monthly monitoring fees. Alarm companies need to be more accountable and more responsible for what they do. They should have an office in town with onsite technicians to handle problems. There being no further comments, the Public Hearing was closed at 9:00 p.m. MOTION: Upon a motion made by Councihmmber Crompton and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to proceed with a third party administrator, with the first three false alarms at no charge, $100 per false alarm after the third one, and re-starting the clock after twelve months. The motion carried unanimously. 4. Presentation, possible action, and discussion regarding the appointment of individuals to the College Station Business Advisorv Committee. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Lyles, the City Council voted six (6) for and none (0) opposed, with Councilmember Fields absent from the dais, to appoint to the College Station Business Advisory Committee: Nancy Berry, Chairperson, Mayor of College Station Tedi Ellison, Ellison Law Firm RM112210 Minutes Page 7 Celia Goode-Haddock, University Title Company Dick Haddox, ANCO Insurance Larry Hodges, Copy Corner / Double Dave's Tom Jackson, College Station Medical Center Hub Kennady, A&M Super Storage The motion carried. 5. Presentation, possible action, and discussion re¢ardina the appointment of additional members to the Medical Corridor Advisorv Committee (MCAC). MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Ruesink, the City Council voted seven (7) for and none (0) opposed, to appoint to the Medical Corridor Advisory Committee: Dennis Anderhohn, Brandon Heights HOA Denise Barnett, Edelweiss Estates HOA Joe Brown, College Station Medical Center, Dir. of Public Communications Frank Hartman, College Station Medical Center, Dir. of Development Tom Jackson, College Station Medical Center, Chief Executive Officer Jan McMurray, Devonshire HOA Bill Rayburn, Scott & White Medical Center, Assoc. Reg. Chief Medical Officer Chuck Sanders, Southwood Forest HOA Gentry Woodard, Scott & White Medical Center, D r. Of Govt. & Community Affairs Randy Yates, Shadowcrest HOA The motion carried unanimously. 6. Adiournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 9:30 p.m. on Thursday, December 9, 2010. Nancy Berry, Mayor ATTEST: Sherry M~ihburn, City Secretary RM112210 Minutes Page 8