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HomeMy WebLinkAbout11/19/2007 - Regular Minutes City Council 4ff CrrY or COLLEGE STATION Council members Ben White John Crompton Mayor Pro Tem James Massey Ron Gay Lynn Mcllhaney City Manager Chris Scotti Glenn Brown David Ruesink Minutes City Council Regular Meeting Thursday, November 19, 2007 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, Mcllhaney, Scotti, Ruesink STAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, 4 Iw Assistant City Secretary Casares, 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. Fire Chief R.B. Alley provided the invocation. City of Bryan Mayor Mark Conlee presented Mayor White the Brazos Boot Award for the A &M Consolidated High School football team victory in the Brazos Valley showdown game against Bryan High School. Mayor White and City Manager Brown recognized Mark Beal, Broadcast Media Specialist for winning the 3CMA Savvy and Silver Circle Awards. Mayor White and City Manager Brown recognized the Parks and Recreation Department staff in recognition of excellence in programs delivery, operations expertise, staff professionalism and management excellence. The following awards were received: • Texas Public Pool Council Agency of the Year • Texas Public Pool Council Programming Award • Ellis and Associates — Gold International Aquatic Safety Award • Texas Recreation and Parks Society Regions V and VII Grand Champion Vehicle and (kw, Equipment Rodeo City Council Regular Meeting Page 2 Monday, November 19, 2007 • National Arbor Day Foundation Texas City USA Award • Society of Registered Architects New York Council — Design Award of Honor • Texas Amateur Athletic Federation Bronze Member City Award • Commission for Accreditation of Parks and Recreation Agencies — Agency Accreditation • Amateur Softball Association James Farrell Award of Excellence Mayor White and City Manager Brown recognized Bob Cowell, Director of Planning and Development Services; Chris Haver, Building Official; and Bridgette George Development Coordinator for the Building Officials Association Team award. Hear Visitors Audrey Patton, 306 Columbia Ct., from the Brazos Environmental Action Network, addressed the City Council regarding climate change, energy efficiency, what other cities are achieving, how College Station can benefit from "going green ", and requested to discuss with the City Council the "Cool Cities" program. Hugh Lindsay, 400 Walton, expressed comments pertaining to the difficulties related to residents occupying rental homes and the number of unrelated residence permitted to reside in a single family residence. He expressed the urgency to implement rental regulations. Jerry Cooper, 602 Bell Street, encouraged the City Council to implement a rental registration fhlw program; and encouraged separation of the overlay ordinance from other UDO matters. He pointed out that this is a community problem and encouraged the City Council to decrease the number of unrelated residence permitted to reside in a single family residence. Mike Luther, 614 Welsh, displayed comments regarding the students living within a single family dwelling units and concurred with Mr. Cooper comments. Consent Agenda Mayor Pro Tem Gay moved to approve Consent Agenda Item No. 2a -2e, 2g -21. Council member Massey seconded the motion, which carried unanimously, 7 -0. Council member McIlhaney abstained from Consent Agenda Item No. 2j. 2a. Approved by common consent minutes for November 5, 2007. 2b Approved by common consent the purchase of an automatic tarping machine to be used by the Brazos Valley Solid Waste Management Agency in the amount of $84,047.00 2c. Approved by common consent a purchase orders not to exceed $60,000 with Azteca systems for additional capabilities of the City Works program to provide Asset Management functions for the Water Services Department. L City Council Regular Meeting Page 3 Monday, November 19, 2007 2d. Approved by common consent the second reading of a franchise agreement with budget Rolloffs for collection, hauling and disposal services for residential construction debris solid waste. 2e. Approved by common consent Resolution No. 11 -19- 2007 -2e approving a renewal of an annual price agreement with Trianim for $32,931.51 and Boundtree Medical for $20,806.68 not to exceed $53,738.19 for EMS Supplies. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE RENEWAL OF THE ANNUAL PRICE AGREEMENT FOR THE PURCHASE OF EMERGENCY MEDICAL SUPPLIES FROM TRI -ANIM AND BOUNDTREE MEDICAL. 2f. Presentation, possible action and discussion regarding a resolution of the City Council of the City of College Station, Texas, approving and setting fees for Parks and Recreation activities and facilities. This item was postponed until the December 4, 2007 meeting. 2g. Approved by common consent an Interlocal Agreement for cooperative purchasing activities between the City of College Station and City of Arlington, Texas. 2h. Approved by common consent Resolution No. 11 -19- 2007 -2h approving an agreement with The 12 Man Foundation for placement of banners on street light poles. L A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE DISPLAY OF SIGNS IN RECOGNITION OF THE 12 MAN FOUNDATION. 2i Approved by common consent a real estate option contract with Mervin Peters to purchase conservation and access easement on approximately 59.4 acres of land, at an option cost of $5,940.00. The total purchase price for the easements will be $311,860.00. This property acquisition is necessary to meet federal agency mitigation requirements for wetlands at the new landfill site on State Highway 30. 2j. Approved by common consent expenditures of $298,965 for stop loss insurance with Blue Cross Blue Shield of Texas for our self - funded employee medical plan for 2008. Council member Mcllhaney abstained from voting on this item. 2k. Approved by common consent ratification of $180,000 for the 2007 expenses for the Pharmacare prescription plan. 21. Approved by common consent Resolution No. 11 -19- 2007 -21 approving an Interlocal agreement between the City of College Station and the Region IV Education Service Center (TCPN) for the purpose of fulfilling the respective public and governmental purposes, needs, objectives and programs in the purchasing of supplies, equipment, and L e services. City Council Regular Meeting Page 4 Monday, November 19, 2007 A RESOLUTION OF THE CITY COUNCIL FO THE CITY OF COLLEGE STATION, COLLEGE STATION, TEXAS, APPROVING THE TERMS AND CONDITIONS OF AN INTERLOCAL AGREEMENT BETWEEN THE REGION 4 EDUCATION SERVICE CENTER, WHICH SPONSORS THE COOPERATIVE PURCHASING NETWORK (TCPN), PROVIDING FOR A COOPERATIVE PURCHASING PROGRAM FOR GOODS AND SERVICES; DESIGNATING THE CITY MANAGER AS THE OFFICIAL REPRESENTATIVE OF THE CITY OF COLLEGE STATION RELATING TO THE PROGRAM. Regular Agenda Item No. 1 -- Public hearing, presentation, possible action, and discussion on an ordinance amending the comprehensive Land Use Plan for Single Family- Medium Density to Office for 2.76 acres located at 1103 Rock Prairie Road, generally located between Rio Grande Drive and Westchester Avenue. Mr. Schubert presented agenda items 1 and 2 together. Staff Planner Jason Schubert presented a brief overview of the proposed Comprehensive Land Use Plan amendment and the proposed rezoning. The Planning and Zoning and staff recommended approval of the proposed amendment and rezoning. Mayor White opened the public hearing. No one spoke. Mayor White closed the public hearing. c Mayor Pro Tem Gay moved to approve Ordinance No. 3021 amending the comprehensive Land Use Plan for Single Family- Medium Density of Office for 2.76 acres located at 1103 Rock Prairie Road generally located between Rio Grand Drive and Westchester Avenue. Council member Scotti seconded the motion, which carried unanimously, 7 -0. FOR: White, Gay, Crompton, Massey, McIlhaney, Scotti, Ruesink AGAINST: None AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE COMPREHENSIVE PLAN LAND USE MAP, FOR THE AREA LOCATED AT 1103 ROCK PRAIRIE ROAD, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Mayor Pro Tem Gay moved to approve Ordinance No. 3022 rezoning 2.76 acres located at 1103 Rock Prairie Road from R -4, Multi- family to A -P, Administrative Professional. FOR: White, Gay, Crompton, Massey, McIlhaney, Scotti, Ruesink AGAINST: None 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, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. City Council Regular Meeting Page 5 Monday, November 19, 2007 C ow Regular Agenda Item No. 2 -- Public hearing, presentation, possible action, and discussion on the an ordinance rezoning 2.76 acres located at 1103 Rock Prairie Road from R -4, Multi- family to A -P, Administrative Professional. Refer to regular agenda item No. 1. Regular Agenda Item No. 3 — Public hearing, presentation, possible action, and discussion on an ordinance amending the Comprehensive Land Use Plan from Institutional and Floodplain and Streams to Planned Development and Floodplain and Streams for 7.60 acres located at 2021 Harvey Mitchell Parkway in the general vicinity of the intersection with Rio Grand Drive. Staff Planner Jason Schubert presented a staff report. The Planning and Zoning Commission recommended denial of the original request (Institutional and Floodplain & Streams to Residential Attached and Floodplain & Streams) and recommended Planned Development and Floodplain & Streams. Mr. Schubert pointed out that the members of the adjacent neighborhood expressed concerns regarding density, traffic, drainage, sanitary sewer capacity, and noise. Staff recommended denial of the original request which would designate the subject property as Residential Attached and reduce the area of Floodplain & Streams on it. Mayor White opened the public hearing. The following citizens addressed the City Council regarding the proposed amendment. Jane Kee from IPS Group, 511 University Drive E. Suite 205 Peter Bloom 1312 Angelina Valerie Balester, 1315 Angelina Valerie Blaster, 1315 Angela Circle George Ray McEachern, 1309 Angelina Circle Dr. Rod O'Conner, 1300 Angelina Circle Carol Nichols, 1317 Angelina Court Spencer Johnston, 1303 Augustine Jean Gold, 1306 Angelina Court Vellas Spiros, 1315 Angelina Mayor White closed the public hearing. Council member Scotti moved to approve Ordinance No. 3023 amending the Comprehensive Land Use Plan from Institutional and Floodplain and Streams to Planned Development and Floodplain and Streams for 7.60 acres. Council member Gay seconded the motion, which carried by a vote of 5 -2. FOR: White, McIlhaney, Gay, Scotti, Ruesink AGAINST: Crompton, Massey City Council Regular Meeting Page 6 Monday, November 19, 2007 Council member Massey moved to amend the motion to refer this item back to the Planning and Zoning Commission for their approval of the Planned Development and Floodplain and Streams. Council member Mcllhaney seconded the motion, which failed by a vote of 5 -2. FOR: Massey, Mcllhaney AGAINST: White, Gay, Crompton, Scotti, Ruesink Council returned to the original motion. AN ORDINANCE AMENDING THE COMPREHENSIVE PLAN OF THE CITY OF COLLEGE STATION, TEXAS, BY AMENDING THE COMPRENENSIVE PLAN LAND USE MAP, FOR THE AREA LOCATED AT 2021 HARVEY MITCHELL PARKWAY, PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Regular Agenda Item No. 4 — Public hearing, presentation, possible action, and discussion on an ordinance amending the Comprehensive Land Use Plan from Industrial/Research and Development and TAMU to Institutional and to remove two unnamed minor collectors from the comprehensive thoroughfare Plan for approximately 56 acres located at 3800 Raymond Stotzer Parkway, generally located west of the intersection of Raymond Stotzer Parkway and Harvey Mitchell Parkway north of Easterwood Airport. Staff Planner Lindsay Boyer described the proposed Comprehensive Land Use Plan Amendment. The Planning and Zoning Commission and staff recommended approval of the proposed amendment. Mayor White opened the public hearing. Chris Rode, 8414 Shadow Oaks Mayor White closed the public hearing. Council member Massey moved to approve Ordinance No. 3024 amending the Comprehensive Land Use Plan from Industrial Research and Development and TAMU to Institutional and to remove tow unnamed minor collectors from the Comprehensive Thoroughfare Plan from approximately 56 acres located at 3800 Raymond Stoter Parkway, located west of the intersection of Raymond Stotzer Parkway and Harvey Mitchell Parkway north of Easterwood Airport. Council member Ruesink seconded the motion Mayor Pro Tem Gay amended the motion to include the removal of one unnamed minor collector, and a portion of another minor collector from the Thoroughfare Plan. Council member Scotti seconded the motion, which carried unanimously, 7 -0. FOR: White, Gay, Crompton, Massey, Mcllhaney, Scotti, Ruesink AGAINST: None City Council Regular Meeting Page 7 Monday, November 19, 2007 C ie Council recessed for a short break at 8:50 p.m. and reconvened the regular meeting at 9:00 p.m. Regular Agenda Item No. 5 — Presentation, possible action, and discussion regarding annexation development agreements and annexation plan update. Assistant Director of Planning and Development Services noted that a recent change in the Texas Local Government Code provides that a City may not annex an area that is appraised as agricultural without first offering a development agreement. In compliance with this requirement, the City of College Station mailed fifty -eight (58) annexation development agreement offers to owners of property located within areas identified for annexation under the exempt status. The development agreements contained the following provisions: • A guarantee that the City will not annex the property for a period of ten (10) years unless the terms of the agreement are violated. • A promise by the owner(s) to use the property in a way that is consistent with the City's A -O (Agricultural Open) zoning district. • A promise by the owner that no person will file a plat or related development document for the property. • A provision that a violation of the agreement by the landowner by commencing development will constitute a petition for voluntary annexation. • A provision requiring building construction allowed by the agreement to comply with the applicable City codes and ordinances. • A provision that the agreement be recorded in the property records at the County Clerk's Office so that the agreement will run with the land. Twenty -nine (29) development agreements were returned to the City which represented 3,426.78 acres or approximately 51% of the property identified for annexation under the exempt status. Staff recommended approval of the annexation development agreements. Mayor Pro Tem Gay moved to approve the annexation development agreements. Council member Scotti seconded the motion, which carried unanimously, 7 -0. FOR: White, Gay, Crompton, Massey, Mcllhaney, Scotti, Ruesink AGAINST: None Regular Agenda Item No. 10 — Presentation, possible action, and discussion to approve a resolution appointing David Coleman as a member of the Brazos Valley Groundwater Conservation District Board of Directors, subject to confirmation by the Brazos County Commissioners Court. Deputy City Manager Terry Childers noted that staff recommended the City Council appoint a replacement for John Woody, who recently retired from the City to serve an unexpired term to January 1, 2011. As required by House Bill 1784, section 2.11(3), this appointment by the City must be confirmed by the Brazos Valley Commissioners Court. City Council Regular Meeting Page 8 Monday, November 19, 2007 Council member Crompton moved to approve Resolution No. 11 -19- 2007 -10 appointing David Coleman as a member of the Brazos Valley Groundwater Conservation District Board of Directors for the unexpired term. Mayor Pro Tem Gay seconded the motion, which carried unanimously, 7 -0. FOR: White, Gay, Crompton, Massey, Mcllhaney, Scotti, Ruesink AGAINST: None A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, DESIGNATING DAVID M. COLEMAN, THE COLLEGE STATION WATER SERVICES DEPARTMENT DIRECTOR, AS THE CITY'S REPRES ENTATIVE TO THE BRAZOS VALLEY GROUNDWATER CONSERVATION DISTRICT BOARD OF DIRECTORS. Regular Agenda Item No. 6 — Public hearing, presentation, possible action, and discussion regarding a Comprehensive Pan Amendment to remove the Eisenhower Street major collector between University Drive and Walton Drive from the Thoroughfare Plan. Transportation Planner Ken Fogle described the Comprehensive Plan Amendment to remove the Eisenhower Street major collector between University Drive and Walton Drive from the Thoroughfare Plan. The Planning and Zoning Commission and staff recommended denial of the proposed Comprehensive Plan Amendment. Mayor White opened the public hearing. Tim Ware, 526 University Drive supported the removal of Eisenhower Street. Mayor White closed the public hearing. Mayor Pro Tem Gay moved to deny the amendment to remove the Eisenhower Street major collector between University Drive and Walton Drive from the Thoroughfare Plan. Council member Mcllhaney seconded the motion, which carried unanimously, 7 -0. FOR: White, Gay, Crompton, Massey, McIlhaney, Scotti, Ruesink AGAINST: None Regular Agenda Item No. 7 -- Presentation, possible action, and discussion on a funding agreement between the City of College Station and the Arts Council of Brazos Valley for FY 08 in the amount of $200,000 for Arts Council Affiliate funding; and presentation possible action, and discussion on approving the portion of the budget of the Arts Council of Brazos Valley funded with Hotel Tax funds. This item was postponed and placed on a future agenda. Regular Agenda Item No. 8 -- Presentation, possible action, and discussion on a Tables and Banquets Sponsorship policy. Chief Financial Officer Jeff Kersten remarked that the proposed policy is intended to be a starting point for discussion to seek direction on a policy for City sponsorships of community activities. City Council Regular Meeting Page 9 Monday, November 19, 2007 The proposed policy contained three objectives: 1. To provide a statement of policy for City sponsorships including the purchase of tables and seats at fundraising events for organizations in the community. 2. To provide specific guidelines to community organizations seeking City sponsorship or event participation. 3. To establish clear guidelines and procedures to be administered by the City Manager through the direction of the City Council to provide for City sponsorships that enhances and fosters strategic goals of the City of College Station. Council member Crompton moved that any sponsorship funding be limited to the purchase of a table at the Annual Chamber of Commerce Banquet, and the purchase for individual tickets being no more than three Council members at other affairs deemed by the City Council that a presence by a city representative is desirable. Exceptions allowing more that three Council members to attend these functions may be granted by the City Council through the Mayor and City Manager placing such exemption request on the consent agenda. Council member Mcllhaney seconded the motion, which carried by a vote of 4 -3. FOR: Gay, Crompton, Massey Mcllhaney AGAINST: White, Scotti, Ruesink Council member Ruesink amended the motion to include a city management staff member to attend the functions in addition to Council members. Motion failed due to a lack of receiving a second to the motion. Regular Agenda Item No. 9 — Presentation, possible action, and discussion regarding the City's appointment to the Research Valley Innovation Center (RVIC) Advisory Council. Council member Scotti presented a brief overview of the City's appointment to the Research Valley Innovation Center (RVIC) Advisory Council. Council member Scotti moved to appoint Marcus J. Lockard to the Research Valley Innovation Center Advisory Council. Gay seconded the motion, which carried unanimously 7 -0. FOR: White, Gay, Crompton, Massey, Mcllhaney, Scotti, Ruesink AGAINST: None Council returned to the workshop agenda. Workshop Agenda Item No. 4 -- Council Calendars Council reviewed their calendars. Workshop Agenda Item No. 5 -- Presentation, possible action, and discussion on future agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy City Council Regular Meeting Page 10 Monday, November 19, 2007 may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Council member Ruesink requested a workshop agenda item regarding the City of College Station recycling program and disposal of computer items. Motion failed by a lack of a second. Council member Mcllhaney requested a workshop agenda item regarding visioning to discuss future goals. Council member Massey suggested a retreat setting in the near future. Council members concurred. Workshop Agenda Item No. 6 -- Discussion, review and possible action regarding the following meetings: Arts Council Subcommittee of the Council, Audit Committee, Brazos County Health Dept., Brazos Valley Council of Governments, Cemetery Committee, Design Review Board, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning Organization, Outside Agency Funding Review, Parks and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Research Valley Partnership, Regional Transportation Committee for Council of Governments, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning Board of Adjustments. Council member Crompton presented a report from his attendance to the BVSWMA meeting. Council member Massey presented a brief report on the agenda items discussed at the Intergovernmental Committee meeting. Council member Ruesink described the fund raiser tour for the Sisters Cities. Mayor White presented a brief report of the National League of Cities Conference. Regular Agenda Item No. 11 — Adjourn Hearing no objections, Mayor White adjourned the meetings at 10:18 p.m. on Monday, November 19, 2007. PASSED and APPROVED this 13` day of December, 2007. APPROVED: Mayor Ben White ATTEST: City Council Regular Meeti Page 11 clay, November 19, 20 7 City Secretary Connie Hooks ( Mayor CITY OF COLLEGE STATION Council members Ben White John Crompton Mayor Pro Tem James Massey Ron Gay Lynn Mcllhaney City Manager Chris Scotti Glenn Brown David Ruesink College Station City Council Regular Meeting Sign In Sheet Monday, November 19, 2007 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas 1. S 11. / I C � -- 12. Z M0," ,L 3. 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