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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. L 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. (tor 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 ( *." 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. * ' 1 r ..., , 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. ( 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.