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
(
(
(*