HomeMy WebLinkAbout11/08/2012 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
NOVEMBER 8, 2012
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Nancy Berry
Council:
Blanche Brick
Jess Fields
Karl Mooney
Katy -Marie Lyles, absent
Julie Schultz
Dave Ruesink
City Staff:
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, November 8, 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.
Eagle Scout Jason Jasperson, Troop 967, led the assembly in the Pledge of Allegiance.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, to approve the absence request
from Katy -Marie Lyles. The motion carried unanimously.
Presentation by Mayor Berry proclaiming November 8, 2012 as Sister Cities International -
Salamanca Day.
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RM110812 Minutes Page 1
Tom Arnold, Sister Cities Board, read the proclamation in Spanish, and then Mayor Berry,
accompanied by Bryan Councilmember Cortez, presented the proclamation proclaiming
November 8, 2012 as Sister Cities International - Salamanca Day to the delegation from
Salamanca, Mexico.
Citizen Comments
Kevin Prejean, 1501 Independence, representing a water/beverage company, regarding loading
and unloading zones in the Northgate area. He has been issued warnings for parking in an area
he has always used. Loading and unloading in that area, on any given day or time, could take as
long as two hours. They have to have access that provides safety for the drivers and other
people. The designated areas, as they are now, cannot be utilized in the easiest manner. HE has
been working with Lance Simms to reach a solution. They have come up with a few that may
require investment by the City. He asked for leniency until the Council has reviewed the
proposed solutions. Staff was directed keep the Council updated on the progress.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
• October 25,2012 Workshop
• October 25, 2012 Regular Council Meeting
2b. Presentation, possible action, and discussion on the third reading of Ordinance 2012 -
c or 3455, 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.
2c. Presentation, possible action, and discussion regarding the approval of the construction
contract (Contract 13 -003) with Dudley Construction in the amount of $369,51 0.1 0, for
the construction of the Plantation Oaks Waterline Replacement Project (WFI433732) and
authorizing the City Manager to execute the contract on behalf of the City Council.
2d. Presentation, possible action, and discussion awarding Contract #13 -005 to Highway
Technologies, Inc. in the amount of $198,917.50, for the installation of roadway traffic
markings, and authorizing the City Manager to execute the contract on behalf of the City
Council.
2e. Presentation, possible action, and discussion, of Resolution 11- 08- 12 -2e, endorsing the
University Pedestrian Improvement Project Phase II and the application for Texas
Transportation Enhancement Funding to reimburse the City for 80% of the construction
costs.
2f. Presentation, possible action, and discussion on an Addendum to Contract #12 -258
between the College Station Fire Department and the T AMU Applied Exercise Science
Laboratory to include physical fitness assessments on Police Department employees as well
as Fire Department employees.
RM110812 Minutes Page 2
No items were pulled from the Consent Agenda.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda.
The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion approving Ordinance 2012-
3456, vacating and abandoning a 0.15 acre, 20 -foot wide public utility easement, which is
located on Lot 1R of Block 1 of the High Ridge Subdivision according to the plat recorded
in Volume 5777, Page 5 of the Deed Records of Brazos County, Texas.
At approximately 7:43 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:43 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Schultz, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2012 -3456,
vacating and abandoning a 0.15 acre, 20 -foot wide public utility easement, which is located on
Lot 1R of Block 1 of the High Ridge Subdivision according to the plat recorded in Volume 5777,
Page 5 of the Deed Records of Brazos County, Texas. The motion carried unanimously.
c or 2. Public Hearing, presentation, possible action, and discussion approving Ordinance
2012 -3457, vacating and abandoning 1.03 acres of right -of -way; a 0.38 acre portion of
which was conveyed via Right -of -Way Deed recorded in Volume 1162, Page 613 of the
Official Records of Brazos County, Texas; and a 0.65 acre portion dedicated by plat,
recorded in Volume 488 Pages 593 of the Official Records of Brazos County, Texas.
At approximately 7:46 p.m., Mayor Berry opened the Public Hearing.
Mike Gentry, 1515 Emerald Plaza, provided a brief presentation showing the original plat and
alignment of Emerald Parkway. When an overpass was constructed, Emerald Parkway had to be
relocated. The request is to abandon the right -of -way that is no longer in use.
There being no further comments, the Public Hearing was closed at 7:50 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, with Councilmember Ruesink
absent from the dais, to adopt Ordinance 2012 -3457, vacating and abandoning 1.03 acres of
right -of -way; a 0.38 acre portion of which was conveyed via Right -of -Way Deed recorded in
Volume 1162, Page 613 of the Official Records of Brazos County, Texas; and a 0.65 acre
portion dedicated by plat, recorded in Volume 488 Pages 593 of the Official Records of Brazos
County, Texas. The motion carried.
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RM110812 Minutes Page 3
3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012-
, 3458, amending Chapter 12, "Unified Development Ordinance," Article 5, "District
Purpose Statement and Supplemental Standards," Article 7, "General Development
Standards," and Article 8, "Subdivision Design and Improvements" of the Code of
Ordinances of the City of College Station, Texas related to platting and replatting in older
residential subdivisions not designated as Neighborhood Conservation in the City's
Comprehensive Plan; and minimum parking requirements for new construction in the area
described as Area V of the Southside Area Neighborhood Plan.
At approximately 8:01 p.m., Mayor Berry opened the Public Hearing.
George Dresser, 501 Fairview, spoke in favor of the item, stating it is a reasonable compromise.
This is a logical next step to move forward with the Southside Neighborhood Plan.
There being no further comments, the Public Hearing was closed at 8:02 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Schultz, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2012 -3458,
amending Chapter 12, "Unified Development Ordinance," Article 5, "District Purpose Statement
and Supplemental Standards," Article 7, "General Development Standards," and Article 8,
"Subdivision Design and Improvements" of the Code of Ordinances of the City of College
Station, Texas related to platting and replatting in older residential subdivisions not designated as
Neighborhood Conservation in the City's Comprehensive Plan; and minimum parking
requirements for new construction in the area described as Area V of the Southside Area
Neighborhood Plan. The motion carried unanimously.
4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012-
3459, 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 rezoning from 0
Office, R -2 Duplex Residential, and C -3 Light Commercial to GC General Commercial for
approximately 1.1 acres located at 303 A & 303 B University Drive East, 410 Nimitz Street,
and 411 & 413 Eisenhower Street.
At approximately 8:14 p.m., Mayor Berry opened the Public Hearing.
Chuck Ellison, 2902 Camille Drive, representing the applicant in the re- zoning request, stated
this project began over four years ago. The applicant began meeting with City two years ago
when they opened for business. They have been working with staff for a few months regarding
this request.
There being no further comments, the Public Hearing was closed at 8:16 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Mooney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2012-
3459, amending Chapter 12, "Unified Development Ordinance, Section 4.2, Official Zoning
C ow Map" of the Code of Ordinances of the City of College Station, Texas by rezoning from 0 Office,
RM110812 Minutes Page 4
R -2 Duplex Residential, and C -3 Light Commercial to GC General Commercial for
approximately 1.1 acres located at 303 A & 303 B University Drive East, 410 Nimitz Street, and
411 & 413 Eisenhower Street. The motion carried unanimously.
5. Public Hearing, presentation, and discussion on the creation of Reinvestment Zone #17;
and, discussion of a Draft Ordinance creating Reinvestment Zone # 17 for commercial tax
abatement in the College Station Medical District.
At approximately 8:21 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:22 p.m.
No action was taken.
6. Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 8:23 p.m. on Thursday, November 8, 2012.
Nancy Berry,
ATTEST:
Sherry Ma• '.urn, City Secretary
RM110812 Minutes Page 5
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RULES FOR PUBLIC COMMENTS AT
CITY COUNCIL MEETINGS
CITY OF COLLEGE STATION
Home of Texts A &M University'
Public Comments: The City Council welcomes written and oral comments from the public at regular
meetings. Individuals wishing to speak must sign in at the City Secretary's Office at City Hall during regular
business hours, or from 5:00 p.m. to 6:45 p.m. the day of the meeting. Speakers who have not registered
by 6:45 p.m. may be allowed to speak after first registering with the City Secretary before the Hear Visitors
period is finished or the agenda item has been finished. Speakers will have one opportunity to speak during
the time period, and they must observe the three - minute time limit. Time cannot be transferred. When a
speaker yields the floor, he /she waives their remaining time, but that remaining time does not get added to
another speaker's time.
Written Comments / Handouts / PowerPoint: Individuals may use the comment sheets provided in the
City Secretary's Office at City Hall. Comment sheets submitted to the City Secretary by 6:45 p.m. on the day
of the Council meeting will be copied and distributed to the Council Members. An individual who wishes to
submit other written material should submit 10 copies to the City Secretary for distribution to Council
Members and senior staff. Individuals wishing to provide a PowerPoint presentation must submit the
presentation to the City Secretary's office no later than noon the day of the meeting. This will allow staff
time to review any type of video or PowerPoint to determine appropriateness for display at a public meeting,
and to give the IT department enough time to check the files or CDs to make sure that there are no viruses
prior to loading on the City computers.
Hear Visitors Period: The Hear Visitors section is set aside during Regular Meetings in order to give the
public the opportunity to speak on City - related matters not covered by the agenda. However, no formal
action will be taken on any matters not listed on the agenda. The response of the Council to any comment
under this heading is limited to making a statement of specific factual information in response to the inquiry,
or reciting existing policy in response to the inquiry. Any deliberation of the issue is limited to a proposal to
place it on the agenda for a later meeting.
Consent and Regular Agenda Items: At the discretion of the Mayor, individuals may be allowed to speak
on either a Consent or Regular Agenda item. Individuals who wish to address the Council on either a Consent
or Regular agenda item shall register with the City Secretary during regular business hours, or from 5:00-
6:45 p.m. the day of the meeting. Speakers who have not registered by 6:45 p.m. may be allowed to speak
after first registering with the City Secretary. Speakers will have one opportunity to speak during the time
period, and they must observe the three - minute time limit. Time cannot be transferred. When a speaker
yields the floor, he /she waives their remaining time, but that remaining time does not get added to another
speaker's time. Comments on the agenda items must be made when the agenda item comes before the
Council.
Public Hearings: Registering to speak at a Public Hearing is the same as for a regular agenda item. After a
Public Hearing is closed, there shall be no additional public comments. If Council needs additional
information from the general public, some limited comments may be allowed at the discretion of the Mayor.
Rules for Speakers:
1. Members of the public may address the City Council at the following times during a meeting:
• During Hear Visitors Period, if such a period is on the agenda for the meeting.
• During a public hearing on an agenda item.
• During Consent and Regular Agenda items with the permission of the presiding officer.
• During Work Study Agenda items with the permission of the presiding officer.
2. Speakers must state their name and address for the record.
3. Speakers must address all comments and questions to the presiding officer.
4. Speakers must limit their comments to three minutes.
5. Speakers may not employ tactics of defamation, intimidation, personal affronts, profanity, or threats
of violence.
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RULES FOR PUBLIC COMMENTS AT
CITY COUNCIL MEETINGS
CITY OF COLLEGE ;r STATIC.)N
Home of Texas A&i%f University"
Public Comments: The City Council welcomes written and oral comments from the public at regular
meetings. Individuals wishing to speak must sign in at the City Secretary's Office at City Hall during regular
business hours, or from 5:00 p.m. to 6:45 p.m. the day of the meeting. Speakers who have not registered
by 6:45 p.m. may be allowed to speak after first registering with the City Secretary before the Hear Visitors
period is finished or the agenda item has been finished. Speakers will have one opportunity to speak during
the time period, and they must observe the three - minute time limit. Time cannot be transferred. When a
speaker yields the floor, he /she waives their remaining time, but that remaining time does not get added to
another speaker's time.
Written Comments / Handouts / PowerPoint: Individuals may use the comment sheets provided in the
City Secretary's Office at City Hall. Comment sheets submitted to the City Secretary by 6:45 p.m. on the day
of the Council meeting will be copied and distributed to the Council Members. An individual who wishes to
submit other written material should submit 10 copies to the City Secretary for distribution to Council
Members and senior staff. Individuals wishing to provide a PowerPoint presentation must submit the
presentation to the City Secretary's office no later than noon the day of the meeting. This will allow staff
time to review any type of video or PowerPoint to determine appropriateness for display at a public meeting,
and to give the IT department enough time to check the files or CDs to make sure that there are no viruses
prior to loading on the City computers.
Hear Visitors Period: The Hear Visitors section is set aside during Regular Meetings in order to give the
public the opportunity to speak on City - related matters not covered by the agenda. However, no formal
action will be taken on any matters not listed on the agenda. The response of the Council to any comment
under this heading is limited to making a statement of specific factual information in response to the inquiry,
or reciting existing policy in response to the inquiry. Any deliberation of the issue is limited to a proposal to
place it on the agenda for a later meeting.
Consent and Regular Agenda Items: At the discretion of the Mayor, individuals may be allowed to speak
on either a Consent or Regular Agenda item. Individuals who wish to address the Council on either a Consent
or Regular agenda item shall register with the City Secretary during regular business hours, or from 5:00-
6:45 p.m. the day of the meeting. Speakers who have not registered by 6:45 p.m. may be allowed to speak
after first registering with the City Secretary. Speakers will have one opportunity to speak during the time
period, and they must observe the three - minute time limit. Time cannot be transferred. When a speaker
yields the floor, he /she waives their remaining time, but that remaining time does not get added to another
speaker's time. Comments on the agenda items must be made when the agenda item comes before the
Council.
Public Hearings: Registering to speak at a Public Hearing is the same as for a regular agenda item. After a
Public Hearing is closed, there shall be no additional public comments. If Council needs additional
information from the general public, some limited comments may be allowed at the discretion of the Mayor.
Rules for Speakers:
1. Members of the public may address the City Council at the following times during a meeting:
• During Hear Visitors Period, if such a period is on the agenda for the meeting.
• During a public hearing on an agenda item.
• During Consent and Regular Agenda items with the permission of the presiding officer.
• During Work Study Agenda items with the permission of the presiding officer.
2. Speakers must state their name and address for the record.
3. Speakers must address all comments and questions to the presiding officer.
4. Speakers must limit their comments to three minutes.
5. Speakers may not employ tactics of defamation, intimidation, personal affronts, profanity, or threats
of violence.
SII*Of RULES FOR PUBLIC COMMENTS AT
CITY COUNCIL MEETINGS
CITY OF COLLEGE px;i STATIC )N
Hams of Texas At -M University*
Public Comments: The City Council welcomes written and oral comments from the public at regular
meetings. Individuals wishing to speak must sign in at the City Secretary's Office at City Hall during regular
business hours, or from 5:00 p.m. to 6:45 p.m. the day of the meeting. Speakers who have not registered
by 6:45 p.m. may be allowed to speak after first registering with the City Secretary before the Hear Visitors
period is finished or the agenda item has been finished. Speakers will have one opportunity to speak during
the time period, and they must observe the three - minute time limit. Time cannot be transferred. When a
speaker yields the floor, he /she waives their remaining time, but that remaining time does not get added to
another speaker's time.
Written Comments / Handouts / PowerPoint: Individuals may use the comment sheets provided in the
City Secretary's Office at City Hall. Comment sheets submitted to the City Secretary by 6:45 p.m. on the day
of the Council meeting will be copied and distributed to the Council Members. An individual who wishes to
submit other written material should submit 10 copies to the City Secretary for distribution to Council
Members and senior staff. Individuals wishing to provide a PowerPoint presentation must submit the
presentation to the City Secretary's office no later than noon the day of the meeting. This will allow staff
time to review any type of video or PowerPoint to determine appropriateness for display at a public meeting,
and to give the IT department enough time to check the files or CDs to make sure that there are no viruses
prior to loading on the City computers.
Hear Visitors Period: The Hear Visitors section is set aside during Regular Meetings in order to give the
public the opportunity to speak on City - related matters not covered by the agenda. However, no formal
action will be taken on any matters not listed on the agenda. The response of the Council to any comment
under this heading is limited to making a statement of specific factual information in response to the inquiry,
or reciting existing policy in response to the inquiry. Any deliberation of the issue is limited to a proposal to
place it on the agenda for a later meeting.
Consent and Regular Agenda Items: At the discretion of the Mayor, individuals may be allowed to speak
on either a Consent or Regular Agenda item. Individuals who wish to address the Council on either a Consent
or Regular agenda item shall register with the City Secretary during regular business hours, or from 5:00-
6:45 p.m. the day of the meeting. Speakers who have not registered by 6:45 p.m. may be allowed to speak
after first registering with the City Secretary. Speakers will have one opportunity to speak during the time
period, and they must observe the three - minute time limit. Time cannot be transferred. When a speaker
yields the floor, he /she waives their remaining time, but that remaining time does not get added to another
speaker's time. Comments on the agenda items must be made when the agenda item comes before the
Council.
Public Hearings: Registering to speak at a Public Hearing is the same as for a regular agenda item. After a
Public Hearing is closed, there shall be no additional public comments. If Council needs additional
information from the general public, some limited comments may be allowed at the discretion of the Mayor.
Rules for Speakers:
1. Members of the public may address the City Council at the following times during a meeting:
• During Hear Visitors Period, if such a period is on the agenda for the meeting.
• During a public hearing on an agenda item.
• During Consent and Regular Agenda items with the permission of the presiding officer.
• During Work Study Agenda items with the permission of the presiding officer.
2. Speakers must state their name and address for the record.
3. Speakers must address all comments and questions to the presiding officer.
4. Speakers must limit their comments to three minutes.
5. Speakers may not employ tactics of defamation, intimidation, personal affronts, profanity, or threats
of violence.
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RULES FOR PUBLIC COMMENTS AT
104 `'"
CITY COUNCIL MEETINGS
CITY OF COI LEGE STATIC oNI
Home of Texas ACi2if University'
Public Comments: The City Council welcomes written and oral comments from the public at regular
meetings. Individuals wishing to speak must sign in at the City Secretary's Office at City Hall during regular
business hours, or from 5:00 p.m. to 6:45 p.m. the day of the meeting. Speakers who have not registered
by 6:45 p.m. may be allowed to speak after first registering with the City Secretary before the Hear Visitors
period is finished or the agenda item has been finished. Speakers will have one opportunity to speak during
the time period, and they must observe the three - minute time limit. Time cannot be transferred. When a
speaker yields the floor, he /she waives their remaining time, but that remaining time does not get added to
another speaker's time.
Written Comments / Handouts / PowerPoint: Individuals may use the comment sheets provided in the
City Secretary's Office at City Hall. Comment sheets submitted to the City Secretary by 6:45 p.m. on the day
of the Council meeting will be copied and distributed to the Council Members. An individual who wishes to
submit other written material should submit 10 copies to the City Secretary for distribution to Council
Members and senior staff. Individuals wishing to provide a PowerPoint presentation must submit the
presentation to the City Secretary's office no later than noon the day of the meeting. This will allow staff
time to review any type of video or PowerPoint to determine appropriateness for display at a public meeting,
and to give the IT department enough time to check the files or CDs to make sure that there are no viruses
prior to loading on the City computers.
Hear Visitors Period: The Hear Visitors section is set aside during Regular Meetings in order to give the
public the opportunity to speak on City - related matters not covered by the agenda. However, no formal
action will be taken on any matters not listed on the agenda. The response of the Council to any comment
under this heading is limited to making a statement of specific factual information in response to the inquiry,
or reciting existing policy in response to the inquiry. Any deliberation of the issue is limited to a proposal to
place it on the agenda for a later meeting.
Consent and Regular Agenda Items: At the discretion of the Mayor, individuals may be allowed to speak
on either a Consent or Regular Agenda item. Individuals who wish to address the Council on either a Consent
or Regular agenda item shall register with the City Secretary during regular business hours, or from 5:00-
6:45 p.m. the day of the meeting. Speakers who have not registered by 6:45 p.m. may be allowed to speak
after first registering with the City Secretary. Speakers will have one opportunity to speak during the time
period, and they must observe the three - minute time limit. Time cannot be transferred. When a speaker
yields the floor, he /she waives their remaining time, but that remaining time does not get added to another
speaker's time. Comments on the agenda items must be made when the agenda item comes before the
Council.
Public Hearings: Registering to speak at a Public Hearing is the same as for a regular agenda item. After a
Public Hearing is closed, there shall be no additional public comments. If Council needs additional
information from the general public, some limited comments may be allowed at the discretion of the Mayor.
Rules for Speakers:
1. Members of the public may address the City Council at the following times during a meeting:
• During Hear Visitors Period, if such a period is on the agenda for the meeting.
• During a public hearing on an agenda item.
• During Consent and Regular Agenda items with the permission of the presiding officer.
• During Work Study Agenda items with the permission of the presiding officer.
2. Speakers must state their name and address for the record.
3. Speakers must address all comments and questions to the presiding officer.
4. Speakers must limit their comments to three minutes.
5. Speakers may not employ tactics of defamation, intimidation, personal affronts, profanity, or threats
of violence.