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HomeMy WebLinkAbout10/11/2012 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION OCTOBER 11, 2012 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Jess Fields Karl Mooney Katy -Marie Lyles Julie Schultz Dave Ruesink 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 7:12 p.m. on Thursday, October 11, 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. A moment of silence was observed in honor of our fallen firefighters. Citizen Comments Mary Pletzer, 8458 Smith, stated she lives in the City's ETJ and feels this proposed dump site proposed to be located near her home will be a concern for the City as well. The dump site will affect air quality, water quality and the value of property surrounding the proposed site. She is RM101112 Minutes Page 1 also concerned the site was chosen because of the minority population in the area. She is Irho' disturbed that the BVCOG's unanimous vote against this site was disregarded by the TCEQ. If a dump is needed, she suggested it be put in an area that has more acreage for a buffer from people, not be located near the Brazos River, and in an area that has much smaller population. She is also concerned that it will be self - monitored. A lot of the material is considered hazardous material. Jimmy Pletzer, 8458 Smith, said he concurred with the prior speaker. Robert Marshall, 6165 Barnwood, spoke in opposition to the landfill. The Brushy community is an old and respected community and is in danger of being destroyed. The City's annexation plan is available for properties that are in eminent danger of destruction. This is a tool the City could use to help with the landfill issue. The Bio- Corridor is only a half -mile mile from the landfill, and prospects will look at this issue, too, and will go somewhere else. Darlene Moffatt, 5959 Raymond Stotzer, stated her opposition to the dump site for many reasons. One reason is for health; the dust will irritate asthma patients. There will be debris on the highway and will damage cars and tires with dropped nails and screws. There will be added traffic on a major highway. There will be mud and dirt on a highway that is traveled daily, increasing accidents. Ruby Ellis, 7512 Raymond, said she is a member of the Brushy community. This is a project they do not want in their community. A lot of people have respiratory problems, and they want to protect every member in the community. The community has been there since 1891. There is a lot of land north of Bryan where this can be located. Argie Butler, 8783 Vincent Road, lives in the Brushy community, and she is very disappointed with TCEQ. The dump site will eventually be as tall as Kyle Field and will end the quality of life as they know it. There are government agencies for every type of endangered species, but when it comes down to a quality of life that can change the way they live, not much emphasis is given. She did not know about the only public meeting held. She asked the Council to consider this in their back yard. There will be 196 trucks per day, six days a week within seven years. Dorothy Butler, 8783 Vincent Road, concurred with everything that has been said. Cora Rogers, 7472 Old Jones Road, read portions of Executive Order 12898, issued by the President on February 11, 1994. It stated that whenever adverse human health and environmental effects are identified against minorities and low income populations, there must be coordinated research and data collection, and public meetings must be conducted. She then provided examples of medications from recycling and noted her concern of this on a much larger scale. She has had health issues and asked the Council to please not let children grow up in the environment with which she is suffering. Joel Ross, 9925 Whites Creek Road, stated his concern about the image the City is trying to project with a landfill of eleven stories at the entrance to the City and airport. There will be 100+ trucks a day and health issues. RM101112 Minutes Page 2 Paul Jiens, 9940 Whites Creek Road, voiced his opposition to the landfill. There are more appropriate locations than an established residential neighborhood. James Mitchell, 8474 Smith Lane, was absent. Larry Payton, 7490 Old Jones Road, was absent. Marie Everhart, 8735 Tyree, concurred with everything already said. Latricia Butler, 8728 Tyree, concurred with everything already said. Ed Bounds, 8301 McAllester Lane, which is two blocks north of the proposed facility, stated that when notified of the public meeting, he spoke with the owner, Mr. Mancuso, and was told it would essentially be a cow pasture. However, he later learned that was not the case. He does not oppose the business, but it has destroyed the peaceful tranquility he once had. He has also noticed respiratory medical issues within his family. The community doesn't need this. It needs to be moved somewhere else. Deborah Peterson, , concurred with everything said and asked the Council to please listen to what is being said. Eileen Beck, 9180 Oak Hills Circle, said she lives in the Brushy community. It is a treasure. Regardless of the side of the street you are on, they are one. This is community at its best. The landfill is only 1,300 feet off Highway 60. She recommended Council drive out and see the hole already there and imagine it eleven stories high. Edward Harkless, P.O. Box 57, Snook, stated the long term effect from this dump site will be detrimental to future kids. They have to put up with noise. They don't want their families coming in for reunions to see this site. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • September 27, 2012 Workshop • September 27, 2012 Regular Council Meeting 2b. Presentation, possible action and discussion on approving the operations and maintenance funding agreement between the City of College Station and the Arts Council of the Brazos Valley for FY 13 totaling $100,000. 2c. Presentation, possible action and discussion on a funding agreement between the City of College Station and the Research Valley Partnership (RVP) for FY13 in the amount of $350,000. 2d. Presentation, possible action and discussion on approving the budget of the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action and RM101112 Minutes Page 3 discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY13 in the amount of $1,127,153. 2e. Presentation, possible action and discussion to approve Fiscal Year 2012 -2013 expenditures for the Brazos County Health Department in the amount of $326,500. 2f. Presentation, possible action, and discussion authorizing the award of Bid No. 12 -102 for the purchase of City branded uniforms for Parks athletic programs and for other City departments with CC Creations ($45,000) and Monograms and More ($30,000) for a combined annual estimated expenditure of $75,000. 2g. Presentation, possible action and discussion on renewing the annual price agreement for the purchase of fleet oils and lubricants with Kolkhorst Petroleum Co., Inc. for an annual expenditure of $100,940.40. (Bid No. 12 -004). 2h. Presentation, possible action, and discussion on the first reading of a franchise agreement with CCAA, LLC Brazos Valley Recycling and Big Dumpster; for the collection of construction and demolition debris, recycling, and organic waste collection from multifamily apartments and commercial business locations, and residential roll -off construction and demolition debris collection. 2i. Presentation, possible action, and discussion on Resolution 10- 11- 12 -2i, terminating a franchise agreement with CCAA, LLC d /b /a BCS Stop N' Go Potties for the collection of 4 110, demolition and construction debris from residential properties. 2j. Presentation, possible action, and discussion approving Resolution 10-11-12-2j, authorizing a License Agreement with Jeffrey R French pertaining to the encroachment in to the public utility easement area of a portion of a structure located at Lot 22, Block 6, Section 2, Creek Meadows Subdivision Phase 3, according to the plat recorded in Volume 10452, Page 288 of the Official Records of Brazos County, Texas. Items 2b, 2c, and 2d were pulled from the Consent Agenda for a separate vote. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less items 2b, 2c, and 2d. The motion carried unanimously. (b)MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve the operations and maintenance funding agreement between the City of College Station and the Arts Council of the Brazos Valley for FY 13 totaling $100,000. The motion carried. (c)MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve a funding agreement between the City of College Station and the Research Valley Partnership (RVP) for FY13 in the amount of $350,000. RM101112 Minutes Page 4 The motion carried. (d)MOTION: Upon a motion made by Councilmember Ruesink and a second by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve the budget of the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action and discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY13 in the amount of $1,127,153. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012- 3451, for a zoning amendment request from PDD Planned Development District to PDD Planned Development District for 0.73 acre on Lots 9 and 10, Block 3 of the College Hills Estates Subdivision located at 1024 and 1026 Foster Avenue, generally located at the intersection of Foster Avenue and Francis Drive. At approximately 7:50 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:50 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Fields, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz having recused herself, to adopt Ordinance 2012 -3451, for a zoning amendment request from PDD Planned Development District to PDD Planned Development District for 0.73 acre on Lots 9 and 10, Block 3 of the College Hills Estates Subdivision located at 1024 and 1026 Foster Avenue, generally located at the intersection of Foster Avenue and Francis Drive. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion approving Ordinance 2012 -3452, vacating and abandoning a 4,809 square foot portion of the Barracks II Parkland Tracts 3 and 4 for use as needed public right -of -way. The property is generally located at 3100 Haupt Road and is part of the Barracks II Subdivision. At approximately 7:53 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:53 p.m. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2012- 3452, vacating and abandoning a 4,809 square foot portion of the Barracks II Parkland Tracts 3 and 4 for use as needed public right -of -way. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion on Ordinance 2012 -3453, amending the College Station Comprehensive Plan by adopting the Medical District Master Plan for the area generally located in the vicinity of State Highway 6 South, Rock RM101112 Minutes Page 5 Prairie Road, William D. Fitch Parkway, Graham Road, Longmire Drive, and Ponderosa t om,,, Drive. At approximately 8:33 p.m., Mayor Berry opened the Public Hearing. Clyde Goen, 13640 Tonakaway Lake Road, stated the original proposal had the property along Rock Prairie Road zoned medical, but now they are not. It is difficult to figure out what to do with the property now; it is not what they purchased it for. None of the property owners were invited for input. Tom Goen, 705 Putter Court, concurred with the prior speaker and stated the other property owners were not involved in the process. They never saw the finalized plan until six days before it went before Planning and Zoning. The way the property was handled was not to their benefit. He is at a loss as to why they were not allowed to participate in process. There being no further comments, the Public Hearing was closed at 8:37 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Lyles, the City Council voted five (5) for and one (1) opposed, with Councilmember Fields voting against and Mayor Berry abstaining, to adopt Ordinance 2012 -3453, amending the College Station Comprehensive Plan by adopting the Medical District Master Plan for the area generally located in the vicinity of State Highway 6 South, Rock Prairie Road, William D. Fitch Parkway, Graham Road, Longmire Drive, and Ponderosa Drive. The motion carried. i i n regarding a ointments to the following 4. Presentation, possible action, and d scuss o pp g Boards and Commissions: • Planning & Zoning Commission This item was postponed to October 25, 2012. 5. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 9:06 p.m. on Thursday, October 11, 2012. Nancy Berr , Mayor ATTEST: /PA Sherry Mas O.urn, City Secretary RM101112 Minutes Page 6 AFFIDAVIT OF CONFLICT OF INTEREST STATE OF TEXAS COUNTY OF BRAZOS e_- S 0 Z as a member of the City of Co ewe C,r✓► 1 make this affidavit and hereby, on oath, state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the City Cn c. as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is: ) LL C- hay /has) a substantial interest in this business entity for the following reasons: (Check all that are applicable.) VI own 10% or more of the voting stock or shares of the business entity; TI I own either 10% or more or $5,000 or more of the fair market value of the business entity; n Funds received by me from the business entity exceed 10% of my gross income for the previous year; ❑ Real property is involved and (I /we) have an equitable or legal ownership with a fair market value of $2,500 or more; ❑ A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this \ 1_ day of ( De_ - o o -.r ,20), . t 1 11 1 / A_ ) Si ' ature of Official Title BEFORE ME, the undersigned authority, on this day personally appeared , who after being by me duly sworn and on his oath deposed and says that he /she has ready the above and foregoing and that every statement contained therein is with his/her personal knowledge and is true and correct. (stamp) Notary Public, State of Texas 1 — .— [] ‘ . . -, . ( / _/