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HomeMy WebLinkAbout02/28/2008 - Regular Minutes City CouncilMayor Ben White Mayor Pro Tem Ron Gay City Manager Glenn Brown (*-41 CITY OF COLLEGE STATION Council members John Crompton James Massey Lynn McIlhaney Chris Scotti David Ruesink Minutes City Council Regular Meeting Thursday, February 28, 2008 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor White, Mayor Pro Tem Gay, Council members Crompton, Massey, Scotti, Ruesink, and McIlhaney STAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Deputy City Secretary McNutt, Management Team Regular Agenda Item No. 1 -- Pledge of Allegiance, Invocation Hear visitors. Mayor White called the meeting to order at 7:00 p.m. He led the audience in the Pledge of Allegiance. Mayor Pro tem Gay provided the invocation. Mayor White gave a presentation and presented Chief R.B. Alley a proclamation for the Fire Department declaring the week of February 24 — March 1, 2008 Severe Weather Awareness Week. Gene Haple presented the Fire Department a sign declaring thr City of College Station a storm ready City. Hear Visitors Marianne Oprisko, 11282 Hickory #6, CS, voiced concerns about city's compliance with annexation service plans. Consent Agenda 2a — 2p Regular 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 maiority vote of the Council. Regular Minutes 2 -28 -08 Page 2 a. Approval of minutes for special meeting December 4, 2007, workshop and regular meetings February 14, 2008. b. Approval of a contract with Motorola Inc. for equipment and services to support Rebanding of the City's 80MHz Radio System in an amount not to exceed $258,191.28. c. Approval of the ratification of Change Order 2 to contract 07 -213 with Brazos Valley Services in the amount of $37,953.50 to improve drainage at the Carter's Creek wastewater treatment plant. d. Approval of a Need Resolution No. 2- 28 -08 -2d for the easements related to the Tauber and Stasney Streets Rehabilitation Project. The easements are along the east and west borders of Tauber Street and Stasney Street between University Drive and Cherry Street. e. Approval of a Change Order 1 to Contract 07 -085 with Malcolm- Pirnie in the amount of $28,981 to provide engineering design services to add fiber optic conduit to the bid package for the Well 7 Collection Line. f Approval of the renewal of a contract with Dan Shelley for state legislative and consulting services in the amount of $48,000 g. Approval of a contract with Meyers & Associates for federal legislative and consulting services in the amount of $78,000 plus expenses. h. Approval of a Resolution No. 2- 28 -08 -2h to award Contract 08 -099 to HDR Engineers, Inc. in the amount of $102,900 for a Socio- Economic Impact study to determine the potential results of large groundwater exports from Brazos and Robertson Counties. i. Approval of an Inter -Local Agreement with the City of Bryan to share the cost of a Socio- Economic Impact study on groundwater exports. j. Approval of the purchase of a set of refurbished compactor wheels to be used by the Brazos Valley Solid Waste Management Agency's 8366 compactor in the amount of $85,237.00. k. Approval of awarding an annual price agreement to Superior Crushed Stone, LC in an amount not to exceed $500,200 for three types of crushed stone to be used by BVSWMA, Public Works and College Station Utilities. 1. Approval of the racial profile report required annually by Senate Bill 1074, of the Texas 77th legislative session. m. Approval of Ordinance No. 3048 amending Chapter 10, "Traffic Code," Section 2.0 of the Code of Ordinances of the City of College Station changing the traffic control at Regular Minutes 2 -28 -08 Page 3 the intersection of Dartmouth Street and Krenek Tap Road from one -way stop controlled operation to four -way stop controlled operation. n. Approval of Resolution No. 2- 28 -08 -2n approving an interlocal government agreement between the City of College Station and the College Station ISD, for the purpose of ordering a general election to be held on May 10, 2008 for the purpose of electing three City Council members to Places 1, 3, and 5 and school board of trustees, Positions 6 and 7, o. Approval to Release of the Deed of Trust as executed by College Station Game day, L.L.C. to the City of College Station to secure the original Economic Development Agreement. p. Approval of Resolution No. 2- 28 -08 -2p determining needs that identifies properties needed for the Northgate Redevelopment Project. q. Approval of Resolution No. 2- 28 -08 -2p declaring intention to reimburse certain expenditures with proceeds from debt for the Southwood Valley Little League Light project. A motion was made by Mayor Pro tem Gay to approve consent agenda items 2a — 2q. Seconded by Council member Scotti which carried 7 -0. FOR: Mayor White, Crompton, Massey, Gay, Mcllhaney, Scotti, and Ruesink AGAINST: None Regular Agenda Item No. 1 — Presentation, possible action, and discussion regarding annexation development agreements. Introduced by Bob Cowell, AICP, Director of Planning & Development Services Lance Simms, Assistant Director, Planning and Development Services presented to Council the opportunity to approve six annexation development agreements (five in annexation Area 2 and one in annexation Area 6) Shannon Schunicht addressed Council about tree preservation. A motion was made by Mayor Pro tem Gay to approve the annexation development agreements and seconded by Council member Scotti which carried 7 -0 FOR: Mayor White, Ruesink, McIlhaney, Scotti, Massey, Gay, and Crompton AGAINST: None Regular Agenda Item No. 2 — Presentation, possible action, and discussion regarding an ordinance annexing several properties within the City of College Station's extraterritorial jurisdiction under the exempt status. Regular Minutes 2 -28 -08 Page 4 Introduced by Bob Cowell, AICP, Director of Planning and Development Services Lance Simms, Assistant Director, Planning and Development Services presented an ordinance that provides for the annexation of six areas based on direction received from Council at the February 14 Workshop. The total size of all six annexation areas is approximately 2,800 acres. Mayor White opened the floor for public comments. The following persons opposed Annextion: Brenda Ross -1414 Peach Creek Cut off, area 5 Phillip Ross -1414 Peach Creek Cut off, area 5 Ginger Melton -1425 Peach Creek Cut off, area 5 F. Schroeder -Box 500 Wellborn, area 4 Bill Mather -5213 Cascades Dr., area 5 Matthew Hernandez -4901 Greens Prairie, area 4 Rick Young -5250 Hidden Acres Dr. Wellborn, area 4 Bonita Daily -15097 Royder Rd. Wellborn, area 4 Jerome Becker -15203 Post Oak Bend Wellborn, area 4 Fred Brown- supporting Wellborn, area 4 Paul Greer -9100 Waterford Wellborn, area 4 Sherry Kovar -13822 Apricot Glen, area 6 Karen Hall -5918 Hwy 21 Bryan Elsie Wade -P.O. Box 67, Wellborn, area 4 Vicki Franze -P.O. Box 270, Wellborn, area 4 Gwen Hattaway -15165 FM 2154 Wellborn, area 4 Verta Beasley -P.O. Box 167 (5040) Wellborn, area 4 Jane Cohen -3655 McCullough Rd. Wellborn, area 4 Gary Shaffer -19191 Hwy 6, area 5 Elizabeth Smith -P.O. Box 312 Wellborn, area 4 Linda Hale -4042 Cody Dr. Wellborn, area 4 Anna Burrell -9100 Waterford Wellborn, area 4 Ann Hernandez - Wellborn. area 4 Following the conclusion of public input, council made the following decision points: Area 1 (102 acres) all council approved all annexed. Area 2 (209 acres) all council approved all annexed. Area 3a (35 acres) (Teal blue areas) Mayor White, McIlhaney, Gay, Crompton, Scotti, Ruesink and Massey approved, Mayor Pro Tern Gay against 6 -1. Area 3b (784 acres) Mayor White, McIlhaney, Gay, Crompton, Scotti, Ruesink, and Massey approved, Mayor Pro Tern Gay against 6 -1. Regular Minutes 2 -28 -08 Page 5 Area 4 (Creek Meadows and Wellborn Oaks areas only) Mayor White Massey McIlhaney Scotti, and Ruesink approved, Mayor Pro Tern Gay and Council member Crompton against 5 -2. Area 5 Omitting everything south of Peach Tree cut off which would leave the speedway for annexation. Mayor White and Council member Crompton, approved Mayor Pro Tern Gay, Massey, Mcilhaney, Ruesink, and Scotti against 2 -5 (None of area 5 was annexed as amended) Area 6 (50 acres) Mayor White, McIlhaney, Gay, Crompton, Scotti, Ruesink, and Massey approved, Mayor Pro Tern Gay against 6 -1. A motion was made by Council member Massey to approve Ordinance No. 3049 on the annexation of areas Al, A2, A3, A4 and 7. Motion also included the rejection of the petitions submitted for annexation in the three year plan. Seconded by Council member Crompton which carried 6 -1. FOR: Mayor White, Crompton, Massey, Scotti, McIlhaney, and Ruesink AGAINST: Mayor Pro Tern Gay Regular Agenda Item No. 3 — Public hearing, presentation, possible action, and discussion on an ordinance rezoning 5.7 acres located at 3101 Texas Avenue generally located northeast of the intersection of Deacon Drive and Texas Avenue from PDD, Planned Development to PDD, Planned Development in order to add Vehicle Rental as an accessory use. Introduced by Bob Cowell, AICP, Director of Planning and Development Services Lindsay Boyer, Staff Planner and Jane Kee, Applicant Representative presented to the council the recommendations of the Planning and Zoning Commission. P &Z voted 5 -2 to recommend approval with conditions at their February 12 meeting. Staff recommended approval to rezone the property located at 3101 Texas Avenue to add vehicle rental as a use for the existing PDD development. (Generally located northeast of the intersection of Deacon Drive and Texas Avenue from PDD.) Mayor White opened the public hearing. Residents on Mile Drive spoke in opposition: David Borsack, 108 Mile Drive Al Bormann, 113 Mile Drive Darrel A. Davis, 115 Mile Drive Property owner, Ray Drake, 11844 Hollow Street Main, Cypress, Texas, explained his request. Mayor White closed the public hearing. A motion was made by Council member Massey to deny the rezoning of 3101 Texas Avenue and seconded by Crompton which carried 5 -2. Regular Minutes 2 -28 -08 Page 6 FOR: Mayor White, Massey, Crompton, McIlhaney, and Ruesink AGAINST: Mayor Pro Tern Gay, and Scotti Regular Agenda Item No. 4 — Public hearing, presentation, possible action, and discussion on an ordinance amending Chapter 12 of the City of College Station Code of Ordinances, Unified Development Ordinance Section 7.9.B.6 (Traffic Impact Analysis), Section 7.9.H (Submittal Requirements) and adding Section 7.12 (Traffic Impact Analysis). Bob Cowell, AICP, Director of Planning and Development Services presented the traffic Impact Analysis currently required as a portion of the nonresidential architectural standards for projects meeting specific thresholds. The P &Z Commission voted 5 -2 at their February 14, 2008 meeting to approve recommendation with the conditions of a reduction of the threshold requiring TIA's for areas designed as "Redevelopment" on the land Use Plan in the Comprehensive Plan Mayor White opened the public hearing. Karen Mitchell, of Mitchell Planning and representative of Bryan College Station Association, requested council to table this item. Sherry Ellison: 2705 Brookway Drive, supports traffic impact analysis Randy French: 4301 Capstone Hugh Stearns: 316 Suffolk Steve Arden: 411 Cecilia Loop Mayor White closed the public hearing. Derek Dictson, Planning and Zoning Commission, recapped the decision by P &Z to oppose the ordinance. A motion was made by Council member Crompton to approve the as submitted ordinance. Seconded by Council member McIlhaney. Council member Massey amended the motion to refer this item back to Planning & Zoning Commission. Seconded by Council member Ruesink which carried 5 -2. FOR: Mayor White, Gay, Massey, Ruesink, and Scotti AGAINST: Crompton, McIlhaney Mayor White called for a vote on the motion as amended. Motion carried 7 -0. FOR: Mayor White, Gay, Massey, Ruesink, Scotti, McIlhaney, and Crompton AGAINST: None Regular Agenda Item No. 11 — Public hearing, presentation, possible action, and discussion on a resolution calling a special election to be held on May 10, 2008 for the purpose of a voter consideration of a tax freeze limiting the amount of ad valorem taxes imposed on the residential homestead of a person who is 65 years of Regular Minutes 2 -28 -08 Page 7 age or older in the City of College Station; and providing for publication of said notice. Introduced by Connie Hooks, City Secretary Jeff Kersten, Chief Financial Officer, presented the fiscal impact of this tax limitation on City of College Station financial conditions, in the event the proposition is adopted by the voters. Connie Hooks, City Secretary, presented a resolution for the purpose of authorizing a special election to be held on May 10, 2008 for voter consideration of the constitutional amendment authorizing a tax freeze Senior Tax Ceiling. A motion was made by Mayor Pro Tern Gay to approve Resolution No. 2- 28 -08 -11 for the senior tax freeze election on May 10, 2008. Seconded by Council member Scotti which carried 7 -0. FOR: Mayor White, Gay, Massey, Ruesink, Scotti, Crompton, and McIlhaney AGAINST: None Regular Agenda Item No. 5 — Public hearing, presentation, possible action, and discussion on an ordinance rezoning from PDD, Planned Development District to PDD, Planned Development District in order to add a car wash facility as an accessory use for 0.778 acres located at 1910 Texas Avenue South generally located along Texas Avenue South between Holleman Drive and Park Place. Bob Cowell, AICP, Director of Planning and Development Services presented the recommendation of Planning and Zoning to approve with the condition the rezoning of the property located at 1910 Texas Avenue South so that the applicant can add an automated car wash facility as a use for the existing PDD development (HEB Fuel Center). Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing A motion was made by Mayor Pro Tem Gay to approve Ordinance No. 3050 for the rezoning of property located at 1910 Texas Avenue South. Seconded by Council member Scotti which carried 7 -0. FOR: Mayor White, Massey, Gay, McIlhaney, Scotti, Ruesink, and Crompton AGAINST: None Regular Agenda Item No. 6 — Public hearing, presentation, possible action, and discussion on a ordinance amending the Comprehensive Plan to realign Holleman Drive, Jones - Butler Road and Dowling Road along the south side of Harvey Mitchell Parkway, located at 1430 Harvey Mitchell Parkway. Regular Minutes 2 -28 -08 Page 8 Introduced by Bob Cowell, AICP, Director of Planning and Development Services. Crissy Hard, Staff Planner, presented briefly the Comprehensive Plan Amendment to realign Holleman Drive, Jones - Butler Road and Dowling Road along the south side of Harvey Michell Parkway, located at 1430 Harvey Mitchell Parkway. Also, the Planning and Zoning Commission voted 7 -0 to recommend the approval of the Comprehensive Plan Amendment. Mayor White opened the public hearing. Veronica Morgan, Mitchell and Morgan engineers, representing the developer was present to answer questions from City Council. Mayor White closed the public hearing A motion was made by Mayor Pro Tern Gay to approve Ordinance No. 3051 on the realignment of Holleman Drive, Jones - Butler Road and Dowling Road along the south side of Harvey Mitchell Parkway, located at 1430 Harvey Mitchell Parkway. Seconded by Council member Scotti which carried 7 -0. FOR: Mayor White, Gay, Scotti, McIlhaney, Massey, Crompton, and Ruesink AGAINST: None Regular Agenda Item No. 7 — Public hearing, presentation, possible action, and discussion on an ordinance amending the Comprehensive Land Use Plan for 10.434 acres from Single- Family Residential, Low Density to Residential Attached located at 3180 Cain Road generally located southwest of the intersection of Cain Road and Jones Butler Road in the City's ETJ. Introduced by Bob Cowell, AICP, Director of Planning and Development Services. Lindsay Boyer, Senior Staff Planner, presented an ordinance amending the Comprehensive Land Use Plan for 10.434 acres from Single - Family Residential, Low Density to Residential. Attached located at 3180 Cain Road generally located southwest of the intersection of Cain Road and Jones Butler Road in the City's ETJ. The Planning and Zoning Commission recommended denial at their February 12` meeting through a failed motion to recommend approval of Single Family Residential, High Density. Mayor White opened the public hearing. Joe Schultz: 3208 Innsbrook, CS, Engineer for project briefly explained how townhomes will follow the guidelines in the zoning unlike the apartments. Whitt Lightsey, 9753 Whispering Ridge, CS, manage the current duplexes and he described the benefit of townhouse development in the new annexed area 3b. Mayor White closed the public hearing. A motion was made by Council member Scotti to approve Ordinance No. 3052 on the rezoning of 10.434 acres located at 3180 Cain Road generally located southwest of the Regular Minutes 2 -28 -08 Page 9 intersection of Cain Road and Jones Butler Road in the City's ETJ. Seconded by Mayor Pro Tern Gay which carried 7 -0. FOR: Mayor White, Gay, Crompton, Mcllhaney, Ruesink, Scotti, and Massey AGAINST: None Regular Agenda Item No. 8 — Public hearing, presentation, possible action, and discussion on consideration of an ordinance amending Chapter 10, "Traffic Code," to restrict parking on the alley south of the 4200 Block of Alexandria Avenue. Introduced by Mark Smith, Director of Public Works Alan Gibbs, City Engineer, briefly presented an ordinance amending Chapter 10 "Traffic Code," to restrict parking on the alley south of the 4200 Block of Alexandria Avenue temporarily from March 8, 2008 to March 8, 2009. Mayor White opened public hearing. Wallace Phillips, 13720 Oak Creek Road, CS, requested the restricted parking for driveway construction. Mayor White closed public hearing. A motion was made by Mayor Pro Tern Gay to approve Ordinance No. 3053 amending Chapter 10 "Traffic Code," on restricting parking temporarily from March 8, 2008 to March 8, 2009. Seconded by Council member Massey which carried 7 -0. FOR: Mayor White, Massey, Gay, Crompton, McIlhaney, Scotti, and Ruesink AGAINST: None Regular Agenda Item No. 9 — Public hearing, presentation, possible action, and discussion of an ordinance amending Chapter 10 "Traffic Code ", to remove parking along Patricia Street and a section of Lodge Street. Introduced by Mark Smith, Director of Public Works. Troy Rother, Assistant City Engineer, requested item no. 9 and 10 be discussed together. (Council concurred) Rother briefly presented two ordinances to amend Chapter 10 "Traffic Code," to remove parking along Patricia Street and a section of Lodge Street, and changing Patricia Street one way from Lodge to College Main. Regular Agenda Item No. 10 — Presentation, possible action, and discussion of an ordinance amending Chapter 10 "Traffic Code ", to make Patricia Street one way from Lodge to College Main. Mayor White opened public hearing on items 9 & 10. Regular Minutes 2 -28 -08 Page 10 Jessica Guidry, Executive Director of the Northgate District Association, briefly expressed her appreciation to the staff and council for helping facilitate, and communicating to the Association. Will McCollom, 4317 Maywood, Bryan, A &M United Methodist Church spoke in favor of reversing traffic on Patricia Street. Mayor White closed the public hearing on items 9 & 10. A motion was made by Council member Crompton to approve the Ordinance No.'s 3054 & 3055 for the removal of parking along Patricia Street and a section of Lodge Street, and the approval of changing Patricia Street one way from Lodge to College Main. Seconded by Mayor Pro Tern Gay which carried 7 -0. FOR: Mayor White, Gay, Crompton, Massey, McIlhaney, Ruesink, and Scotti AGAINST: None Regular Agenda Item No. 12 — Adiourn Hearing no objections, Mayor White adjourned the meetings at 12:32 a.m. on Friday, February, 29, 2008. PASSED and APPROVED this 13th day of March, 2008. APPROVED: J' Mayor White ATTEST: ity Secretary, Connie Hooks