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HomeMy WebLinkAbout08/09/2012 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION AUGUST 9, 2012 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Jess Fields, absent Karl Mooney Katy -Marie Lyles Julie Schultz Dave Ruesink, absent City Staff: David Neeley, City Manager Kathy Merrill, Deputy City Manager Frank Simpson, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary 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 7:04 p.m. on Thursday, August 9, 2012 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. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Lyles, the City Council voted five (5) for and none (0) opposed, to approve the absence request from Jess Fields and Dave Ruesink. The motion carried unanimously. The Mayor made a presentation to Matthew Watkins to wish him well in his new position. Citizen Comments L RM072612 Minutes Page 1 Linda Harvell, 504 Guernsey, stated she was distressed to see the abrupt closing of the Conference Center. This is an important piece of College Station history. She would like to see the Council consider restoring the Conference Center back to a building of integrity, and invest in the City's future. Libby Vastano, 2756 Cloisters Drive, said we are a young city and without a lot of history. There are so many buildings being demolished, private buildings we cannot do anything about, but we can do something about this public building. She also addressed the water aerobics program. The season has been shortened at the Halloran pool, and the pool temperature at the Natatorium was lowered and is simply too low for their joints and muscles. As a result of the temperature drop, attendance has decreased drastically. The pool at the Med is too small for the numbers who would like to be in water aerobics. More and more senior citizens are moving here, and it seems sad to cut back on programs like this. She would like to see the Halloran pool kept open this fall until the time when it would be necessary to provide supplemental heat. She presented a letter with 25 signatures in support (attached). Jerry Cooper, 602 Bell, said the Conference Center has been one of the busiest buildings in town for the past ten years, and it is an important facility. Hundreds, if not thousands, use this facility. Even if something is built elsewhere, he asked Council consider keeping a facility open on this side of town. The importance of preserving historic buildings is something we need to pay attention to. He asked the Council to consider either renovation or replacing it with another conference facility. This brings a lot of people together for a lot of purposes. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • July 25, 2012 Special Workshop • July 26, 2012 Workshop • July 26, 2012 Regular Council Meeting 2b. Presentation, possible action, and discussion regarding Ordinance 2012 -3432, amending Chapter 1, General Provisions, Section 29 of the Code of Ordinances of the City of College Station, Texas as set out in Exhibit "A ", removing references to the City Cemetery Committee and its duties, and transferring those duties and responsibilities to the City Manager or his delegate. 2c. Presentation, possible action, and discussion regarding the approval of Resolution 08- 09-12-2c, adopting the Community Development PY 2012 (FY 2013) Action Plan and Budget. 2d. Presentation, possible action, and discussion on Resolution 08- 09- 12 -2d, awarding the construction contract for the Wolf Pen Creek Erosion Control Project (SD -1102) to Dudley Construction, Ltd. in the amount of $194,298.40. RM072612 Minutes Page 2 2e. Presentation, possible action and discussion on calling a public hearing on the City of u.► College Station 2012 -2013 Proposed Budget for Thursday August 23, 2012 at 7:00 PM in the City Hall Council Chambers. 2f. Presentation, possible action, and discussion for a change order to Contract #09 -153 with Bleyl & Associates for the Southwood 5 -7 Utility Rehabilitation Project in the form of a deduction of $5 1.271.54. 2g. Presentation, possible action, and discussion regarding the renewal of a service contract with Cal's Body Shop for annual automobile and truck paint and body repairs in an amount not to exceed $60,000.00. 2h. Presentation, possible action, and discussion regarding Street Sweeping Services and the rejection of Request for Proposal No. 12 -071. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Mooney, the City Council voted five (5) for and none (0) opposed, to approve the Consent Agenda, with item 2b amended to reflect a fine of not more than $500. The motion carried unanimously. REGULAR AGENDA 1. Presentation, possible action and discussion regarding the Lick Creek Greenway Trail Project. Gary Ives, 3943 Blue Jay, read a prepared statement (attached). Steven O'Neal, 3917 Hawk Owl cove, representing the Concerned Lick Creek Backers, thanked City staff for their assistance. He stated their concern has never been with City staff or Council. The concern is later down the road if the property is given to the City, then a different City staff and Council might have different issues. He personally rides his bike with his children to school. If he thought it was not safe, he wouldn't do it. He has been involved throughout the process. They tried to offer an alternative, and never received any option from their side. He agrees with staff's recommendation regarding segment A, and looks forward to seeing B and C. Improvements to the existing infrastructure will result in a better project. This is a win -win for College Station taxpayers. They will save money by building along the street and long -term maintenance. This is a matter of Need versus Want. Let's address needs. He reiterated his appreciation for staff and the Council's patience and for listening. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted none (0) for and five (5) opposed, to go forward with the staff recommendation for segment A, and charge staff to work with the HOA and homeowners to develop a green trail that will go through the area previously identified. The motion failed. L RM072612 Minutes Page 3 L MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Brick, the City Council voted five (5) for and none (0) opposed, to go forward with the staff recommendation for segment A. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Mooney, the City Council voted five (5) for and none (0) opposed, to charge staff to work with the HOA and homeowners to grant an easement to the City for a footpath for an alternative green path. The motion carried unanimously. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Mooney, the City Council voted five (5) for and none (0) opposed, to go forward with the staff recommendation for segments B and C. The motion carried unanimously. 2. Presentation, possible action, and discussion on a report related to the Conference Center provided by Hawkins Architecture under Professional Service Contract 12 -232. Chuck Gilman, Director of Capital Projects, presented the Facility Evaluation Report and Proposed Renovations for the Conference Center and Annex. Staff will return with recommendations at a later date. No action was taken. 3. Presentation, possible action, and discussion on Ordinance 2012 -3433, ordering a General and Special Election to be held on November 6, 2012 for the purpose of electing a City Council Member, Place 4, a City Council Member, Place 6, and to submit proposed amendments to the City Charter to the voters; establishing early voting locations and polling places for this election; and making provisions for conducting the election. (Presentacion, posible accion y discusion acerca de ordenanza 2012 -3433, que ordene Elecciones Generales y Especiales a celebrarse el 6 de noviembre de 2012 con el proposito de elegir un Miembro del Consejo de la Ciudad, Puesto Numero 4, un Miembro del Consejo de la Ciudad, Puesto Numero 6, y para presentarles a los votantes las enmiendas propuestas a los Estatutos de la Ciudad; estableciendo los sitios de votaciones anticipadas y los centros de votaciones para estas elecciones; y elaborando las provisiones para llevar a cabo las elecciones.) MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Mooney, the City Council voted five (5) for and none (0) opposed, to adopt Ordinance 2012- 3433, ordering a General and Special Election to be held on November 6, 2012 for the purpose of electing a City Council Member, Place 4, a City Council Member, Place 6, and to submit proposed amendments to the City Charter to the voters; establishing early voting locations and polling places for this election; and making provisions for conducting the election. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012- 3434, amending Chapter 12, "Unified Development Ordinance ", Section 8.7, Appendix I RM072612 Minutes Page 4 "Park Land Dedication and Development Fees" of the Code of Ordinance of the City of College Station, Texas. At approximately 9:05 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:05 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Brick, the City Council voted five (5) for and none (0) opposed, to adopt Ordinance 2012 -3434, amending Chapter 12, "Unified Development Ordinance ", Section 8.7, Appendix I "Park Land Dedication and Development Fees" of the Code of Ordinance of the City of College Station, Texas. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012- 3435, amending Chapter 12, "Unified Development Ordinance ", Section 8.2.K "Sidewalks" of the Code of Ordinance of the City of College Station, Texas. At approximately 9:29 p.m., Mayor Berry opened the Public Hearing. Sherry Ellison, 2705 Brookway Drive, spoke in support of the staff's recommendations. She reported that her subdivision, Windwood, has ten cul -de -sac and a couple of long. Because of the hours they work, some neighbors walk in the dark, and they talk about it not being real safe walking in the street. In the evening, neighbors walk their dogs at 11:30 at night. Others walk 4 10, for rehabilitation purposes. It doesn't matter what side of the street the sidewalk is on, you need a sidewalk. It is important to have sidewalks on both sides. They also need more than four feet in width. Scott Shafer, 117 Pershing, expressed his support for the staff recommendations wholeheartedly. Personally, he would like to see them stay the same, but staff did well in not backing off too much. Sidewalks will help people be more active, and a good solid multi -modal method of transportation is needed for that. A five foot is absolutely necessary. ADA requirements says that at some basic level, sidewalks have to have that width. It is not worth it to give up that foot and lose useable space. These are the things that encourage people to come to the community. There being no further comments, the Public Hearing was closed at 9:36 p.m. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Brick, the City Council voted five (5) for and none (0) opposed, to adopt Ordinance 2012 -3435, amending Chapter 12, "Unified Development Ordinance ", Section 8.2.K "Sidewalks" of the Code of Ordinance of the City of College Station, Texas. The motion carried unanimously. 6. Public Hearing, presentation, possible action, and discussion approving Ordinance 2012 -3436, vacating and abandoning a 995.6 square foot, 5 -foot wide public utility easement, which is located on Lots 9, 10 & 11 of Block 3 of the Redmond Terrace, First Installment Subdivision, according to the plat recorded in Volume 188, Page 295 of the Deed Records of Brazos County, Texas. RM072612 Minutes Page 5 At approximately 9:54 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:54 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted five (5) for and none (0) opposed, to adopt Ordinance 2012- 3436, vacating and abandoning a 995.6 square foot, 5 -foot wide public utility easement, which is located on Lots 9, 10 & 11 of Block 3 of the Redmond Terrace, First Installment Subdivision, according to the plat recorded in Volume 188, Page 295 of the Deed Records of Brazos County, Texas. The motion carried unanimously. 7. Presentation, possible action, and discussion regarding a report from the City Council Ad Hoc Committee for Compensation and Benefits. Jeff Kersten, Executive Director of Fiscal Services, presented the report and committee recommendations to the City Council. No action was taken. 8. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:14 p.m. on Thursday, August 9, 2012. clsa a 00 Nancy Berr 9 , Mayor ATTEST: Sherry M4 burn, City Secretary L RM072612 Minutes Page 6 A cv ‘a .— . t j St, \/\ \ / !: ,„„) / , * (*- " J • • ti rin g Wroo Homeowner's Association Lick Creek Committee Board Charge to the Committee Background: The Lick Creek Common Area presents the most significant challenge to the SHOA Board and Membership due to ever - present concerns such as, but not limited to, the following: safety, flood protection, liability cost of maintenance, preservation of the natural surroundings, and the possible role (if any) of the City in the future management of the area. To better understand these issues, the SHOA board believes it is critical that an advisory Committee be formed to gather objective, relevant, factual, and complete information on any issues related to the Lick Creek common area. The Board will use the information provided to update the entire Membership and gather consensus, as needed. The Board also believes that the mission of this Committee would be impossible to meet if it is dominated by either those who live next to the creek (about 25% of the membership), or those that live away from the creek (about 75% of the membership). Thus, a balanced Committee, with equal representation from both constituencies, is considered vital to its success. Committee Makeup: • The Committee shall consist of 2 Co- chairs (1 Creek homeowner and 1 Non -Creek homeowner), who will organize and plan all Committee meetings, and provide reports and meeting minutes to the Board. • Each Co -Chair shall nominate three SHOA members, in good standing, to establish and maintain the Committee's voting membership. • The Committee membership shall be limited to 8 voting members, including the Co- Chairs. However, other Members can participate in Committee activities as needed. • The SHOA Vice - President shall be Board Liaison to the Committee, and shall be a non - voting participant. The Lick Creek Committee shall: • Identify, organize, prioritize, research, and discuss issues related the SHOA Lick Creek corridor. • Hold frequent (e.g. quarterly) meetings to discuss creek issues and possible solutions and /or alternatives, record and maintain meeting minutes, and vote on recommendations to the SHOA Board. • Plan and organize events (approved by the Board) related to the creek (I.e. maintenance, cleanups, etc.), including use of contractors and proposed budgets, etc. • Act in the best interest of ALL SHOA members; being sensitive to the needs and concerns of Creek homeowners, while being mindful of the impact of any recommendations on Non -Creek homeowners. Interaction with the City of College Station: • All meetings with the City must receive prior approval from the SHOA President, so that consideration can be given as to who should be in attendance (I.e. committee /Board members and /or general membership) S 2 ring Broo Homeowner's Association March 24, 2012 Dear fellow SpringBrook Homeowner, The information you will fmd enclosed is the product of over a year of dedicated work by the members of the SHOA Lick Creek Committee and the SHOA Board. We now turn to you to decide the question of whether the Lick Creek Greenway Trail will go through our greenbelt along Lick Creek, or whether it will go along our neighborhood streets. Please give this question fair and considered attention, weighing the long term implications of each against the other for our neighborhood and for our Homeowners Association. After a thorough review and discussion of all the known issues related to the proposed Lick Creek Hike/Bike Trail project, the SHOA Board has voted unanimously to recommend a vote in favor of: "Through the Lick Creek drainage area by dedication of the 18 acre property to the City." We believe this choice represents the best option for the SHOA membership as a whole, given that it would eliminate the SHOA responsibility for liability and maintenance in the creek Common Area. Voting is now open, and you will fmd a green ballot enclosed. Please remember that each household is entitled to only one vote. If multiple ballots are returned from a single household, the first one received will be the one counted. You may cast your vote in any one of four ways: 1. You may deliver your ballot to, or ask that it be picked up by, either the SHOA President (Gary Ives, 690 -7870) or the Secretary (Paige Martin, 690 - 0930). 2. If you have an email address on file with the SHOA, you will receive an invitation to vote electronically via Survey Monkey, with easy instructions. 3. You may submit your ballot at the Special Board Meeting, Monday evening, 6:30pm, April 2, 2012. At this meeting, we will be presenting a summary of the information, and opening the floor to questions and comments. 4. You may assign your proxy to another SHOA Member, who will cast a vote on your behalf at the Special Board Meeting. The proxy form may be found on the HOA homepage for download, or we'd be happy to deliver a copy to you by request. Voting will end as of 10:OOpm, Wednesday, April 4, 2012. The ballots will be tallied and certified at a Special Board Meeting to be held on Thursday, April 5, 2012. The results will be announced via the SHOA Email List as soon as they are known, and will be announced immediately by letter via USPS to the Membership. Thank you for your involvement and your attention to this important issue. Again remember, whatever the decision we collectively make, we will each individually live with its outcome for as long as we are SpringBrook Homeowners. Warm regards, Gary Ives, President SpringBrook Homeowner's Association ft ..- v.ousci ‘(y_t sFeol-- a or * '''' (IC" CITY OF COI FGE STATION Home of Texas AdM University' Absence Request Form For Elected and Appointed Officers Name 4J 0.vl of pies, 14 /c Request Submitted on c `Z 3 /` Z- I er itot be in attendance at the meeting of S / ?` /f (Date) for the reason(s) specified: C ktb'cL;0 S ignature This request shall be submitted to the office of the City Secretary or Board Secretary one week prior to the meeting date.