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HomeMy WebLinkAbout03/24/2011 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MARCH 24, 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 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 7:03 p.m. on Thursday, March 24, 2011 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Pledge of Alley-iance, Invocation, consider absence request. Ronnie Jackson, with the City of Bryan, and Jodie Goldberg, with NLC, along with numerous others in the banking profession, came forward to announce a new initiative called "Bank On Brazos Valley". • Citizen Comments James Byrne, 2350 Bagby #5301, Houston, reported on a need for College Station to develop more transportation options and expressed his desire to open a shuttle service called a jitney. He RM032411 Minutes Page 1 wishes to work with staff to modify some elements of the taxi ordinance. One is to update the definition of jitney so that the parameters are more specific. He recommends inspections for safety and wishes to modify the number of passengers allowed. He is also proposing the implementation of approved jitney routes and stops. Mary Dabney Wilson, 515 Gilchrist, stated she has been a resident of College Station for over fourteen years and supported the 2008 bond election, primarily because of the promise of the Lick Creek Nature Center. This is a major asset to our community. She asked the Council to approve $100,000 for the planning phase of this project. There is an active Audubon organization that uses the park and supports the nature park. There are educational and outreach services aimed at training and improving Master Naturalists, who have contributed over 3,000 hours of service this year. This is the primary, publicly accessible park in College Station. Private citizens will do their part to make this park the pride of the community. Susan Scott, 1019 Guadalupe, said she has lived here seventeen years and asked the Council to move forward and fund $100,000 for Lick Creek Park. This park attracts out-of-town visitors and teaches area children about our unique local natural environment. If children are not taught about our environment, then they will feel the need to conserve resources. Elementary school teachers have expressed their need for hands-on field trips to meet educational requirements. College students can provide a paying audience for classes. These students are also a resource; students have submitted designs, exhibits, and help to develop curriculum for classes. This park will help children appreciate the natural world. Alan Pepper, 10383 Nunn Jones, stated his support of the allocation of $100,000 for Lick Creek Park. Parks increase property values and community pride. They help with relocation of business and homeowners. We are fortunate that this park attracts people from outside the community. For every dollar put into the state parks, $25 is generated in economic impacts. There are wonderful nature centers throughout the state. However, one part of the state has no nature center, and that is the Blackwood Post Oak Savannah we call home. This is an amazing place to experience Texas in its natural state. Gary Halter, 1204 Ashburn, stated his support of Lick Creek Park. It is a sanctuary for a rare wildflower that grows nowhere else except here. This is a very unique park. He reminded Council that voters approved the bond issue by a large margin. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for March 8, 2011 Special Meeting and March 10, 2011 Workshop and Regular Council Meeting. 2b. Presentation, possible action, and discussion to approve a Non-Disclosure Agreement with Texas Municipal Retirement System (TMRS). 2c. Presentation, possible action, and discussion regarding approval of Resolution 03-24-11- 2c, defining the purpose of the Medical Corridor Advisory Committee. RM032411 Minutes Page 2 2d. Presentation, possible action, and discussion regarding approval of Resolution 03-24- 11-2d, authorizing the award of construction contract #11-094, with MasterTech Services Inc. in the amount of $229,899 for the Water Cooling Tower Media Replacement proiect. 2e. Presentation, possible action, and discussion regarding approval of Resolution 03-24-11- 2e, authorizing a three year professional services contract with McCord Engineering, Inc. for $1,800,000.00 for electrical engineering services and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. 2f. Presentation, possible action and discussion on the approval of Resolution 03-24-11-2f, authorizing the Renewal of Electric Annual Construction Contract #10-121, Bid #10-31, with H&B Construction for $860,161.92 and approval of a resolution declaring intention to reimburse certain expenditures with proceeds from debt. 2g. Presentation, possible action, and discussion on the consideration of Ordinance 2011- 3328, amending Chapter 10, "Traffic Code," Section 2.C of the Code of Ordinances of the City of College Station changing the traffic control at the intersection of North Forest and Appomattox to a four-way stop controlled intersection. 2h. Presentation, possible action, and discussion on consideration of Ordinance 2011-3329, modifying Chapter 10, "Traffic Code," Section 2.D of the Code of Ordinances of the City of College Station by updating the Traffic Control Device Inventory - Schedule III to add STOP signs at various intersection approaches. 2i. Presentation, possible action, and discussion to award the construction contract for the 2005 Bike Loop Phase II - College Station Bike Loop Completion to Fuqua Construction Company, Inc. in the amount of $257,443.64. 2j. Presentation, possible action, and discussion regarding renewal of a contract for Janitorial Supplies. This is the final renewal of a contract with Criswell Distributing. Criswell Distributing is requesting a 3% increase to the current, not to exceed, contract amount of $52,744.14. The increase will result in a final, not to exceed, contract amount of $54,326.32. 2k. Presentation, possible action, and discussion regarding a change order to decrease Professional Services Contract 07-086 by $24,226.74. This contract between Malcolm Pirnie, Inc. and the City of College Station is for the design and construction administration services associated with the Parallel Wellfield Collection Line proiect. 21. Presentation, possible action, and discussion regarding approval of Resolution 03-24-11- 21, for the application and acceptance of an Office of the Governor, Criminal Justice Division (CJD) Grant. 2m. Presentation, possible action and discussion on a Partial Settlement Agreement between the City of College Station and Virtual Equity Group, Inc. and Mega Equity RM032411 Minutes Page 3 Holdings for delinquent hotel occupancy taxes for case number 10-10-00052-CV in the 10th District Court of Appeals, Waco Texas. 2n. Presentation, possible action and discussion on a funding agreement amendment between the City of College Station and the Brazos Valley Convention and Visitors Bureau for FY11 in the amount of $22,000 for roof repairs at the agency's facility; and presentation, possible action and discussion on a Hotel Tax Fund contingency transfer in the amount of $22,000. 20. Presentation, possible action, and discussion regarding Resolution 03-24-1-2o for an amendment for the College Station Business Council. 2p. Presentation, possible action and discussion on a settlement agreement between the City of College Station, Ron Silvia, David Ruesink Lynn McIlhaney, Ben White, Hugh Stearns and Dennis Maloney and Weingarten Realty Investors and Weingarten/Investments, Inc to resolve the lawsuit Weingarten Realty Investors et. al. v The City of College Station, Texas, et al. No items were pulled from the Consent Agenda. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Lyles, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. 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 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 RM032411 Minutes Page 4 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 7:55 p.m. Mayor Berry opened the Public Hearing. Leatrice Bouse, 8111 Plum Hollow, provided written comments, attached. Bill Stockton, 9222 Brookwater, stated his support of the Wellborn annexation, saying it is in the best interest of College Station. This annexation complies with the Comprehensive Master Plan, and the success of the growth corridor depends on a prudent long range plan. Wellborn will become an enclave surrounded by College Station, enjoying the use of the surrounding infrastructure at the expense of College Station residents. Ed Hard, 11760 Durrand, supports the annexation of Wellborn. Southward growth is inevitable, and Wellborn is not prepared to handle that growth. The cost to remedy that would be unaffordable. He agrees with the preservation of their rural character and values, and noted that a good overlay district will retain that existing character and rural lifestyle. He lives in a rural area and has peace of mind knowing that the last phase of development behind his lot will be large residential lots with continuity of streets and rights-of-way. Marty Cangelose, signed up, but did not speak. Steve Arden, 311 Celia Loop, said we are fortunate to have a governmental system to handle things in an orderly fashion. He has had an opportunity to hear the pros and cons of the issues. He believes the most efficient way for Wellborn to handle growth is through the experience and efficiency of College Station. The most efficient way for College Station to handle this is through annexation as well. It will be less expensive for College Station to not do a work around. The efficiency gain for both entities is through annexation. Amie Brower, 1615 Fox Fire, said she lives in a rural subdivision that was annexed into College Station in 1992. When the subdivision was annexed, it was given a special rural designation, and the City has upheld its commitment to the property owners. The City even fought on the behalf of the subdivision regarding a proposed big box in the area. The City has added speed limits in the neighborhood for improved safety. The City repaired the roads when the creeks rose and washed away the roads. The City talks to the people before any changes are implemented. As a rural subdivision, they are allowed to have wildflowers grow up. They receive great trash collection and excellent curbside recycling. Being a part of the City, doesn't mean you lose the great parts of a rural lifestyle. Brian Bochner, 5111 Bellerive, stated his reasons to pursue annexation. First of all, the City adopted a thoroughfare plan as part of the City's Comprehensive Plan. The only way those roadways will come to pass is through the application of growth management, and City powers are needed to do that. Secondly, Greens Prairie Elementary indicates development is going past Wellborn, and there is a lot of development occurring. Residents want their homes to maintain value, but at the present time, there is no zoning and anything could happen. Adjacent to a RM032411 Minutes Page S residential area an expansion of an industrial research facility is happening. The City has a plan for the Wellborn community. This plan will create a district for desirable quality. Terry Childers, 4400 Belvoir, urged the Council to proceed with annexation. It is in the best interest of a future College Station that we have stewardship responsibility today. It is also in the best interest of Wellborn because College Station can provide protections for Wellborn residents that the county cannot provide, as well general law cities if Wellborn were allowed to incorporate. Annexation will also save College Station residents money in terms of taxes and fees for services. Much has been said about the right to vote and property rights. College Station has followed the municipal annexation process. There is a right to vote in specific arenas. This is not one of those arenas. Veronica Morgan, 11782 Great Oaks, supports the annexation of Wellborn. Months ago she would have agreed with Wellborn and even signed the original petition. 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. She provided some history of the petitions and litigation, stating her tax dollars are being spent, and this is not a wise use. Wellborn has shown they prefer courts over mediation. Wellborn had many opportunities to incorporate and chose not to. She has heard testimony that gerrymandering was necessary to get enough votes to incorporate. That's problematic in itself. Neither entity can regulate based upon that map. The idea behind annexation is to control growth in that area. If Wellborn won't control it, then College Station must. She urged the Council to not vote on emotion; we've already had a council vote on emotion and it cost us $3.5 million. She urged the Council to vote on what is right and worthy of College Station. Chuck Wiggins, 4718 Stone Briar Circle, supports annexation. He stated it is a question of overall fairness. They are there because we are here. They use our facilities and roads to go to work. He has noticed a big building housing a carpet cleaning company on the main street. That was built there to service the people of College Station and Bryan. It is also about tax equity. As a resident, he pays city taxes for police and fire. He also pays county taxes for police and fire in Wellborn. Duke Hobbs, 1301 Essex Green, said he has heard Wellborn residents pleading against annexation, and they have spoken of losing their rural lifestyle. But just a few miles away is an excellent example that maintained their rural lifestyle after annexation. For those who believe there will be no benefits to them, he provided some examples of positive gains that annexation will bring to them, such as lower homeowners insurance costs, etc. There is a fear of the unknown. One common theme he has heard consistently from the opposition, is that they want to be heard. It is a legitimate request to be heard. But obviously that is happening right now. If maintaining a separate community was so important, they had 140 years to do so. They only want to do it now when they see they are in our growth pattern. If they incorporate, they will completely cut off College Station from any southward growth. Don Hellriegel, the core implications of strongly restricted annexations are captured in a 2003 comprehensive study. This study, along with other well respected national reports, concludes RM032411 Minutes Page 6 that annexation is the key and primary difference in the flourishing cities of Texas and the declining cities in other parts of the nation. It is estimated that College Station would lose retail sales revenue of over $6 billion from 2003-2030 if restrictive annexation policies and practices were put into place. Residents of unincorporated areas rarely want to be annexed and turn to the state legislature each session with appeals to restrict or curb annexation. The entire character of the Texas economy will be changed and will notably limit its capacity to support future growth and prosperity; the inability to expand creates market failure because emerging growth areas are not required to pay the full social cost of their expansion. As such, they become free riders on the transportation, communications, financial, educational, and other activities provided by the central city. The result is a perpetual deterioration of the sustainability of core areas, which in turn, accelerates flight to outlying areas. This spiral, if left unchecked, ultimately erodes the viability of the urban center and diminishes quality. He asked the Council to think 30 years, 50 years, 100 years in their decision. Paul Parrish, 2604 Faulkner, reported he moved to Fox Fire specifically for its rural character. He values the space it gives him in an environment that allows him to think he lives in the country. So it was in 1986, and so it is now that he is in the City. He was wary when he was approached with annexation, but it is the same community as before, but now with the advantages of city services, reliable police and fire, etc. There are no curbs and few street lights. They have maintained those characteristics because of the compatible zoning the city provided. If people are concerned that annexation leads to bland sameness, then he invited them to come to Fox Fire. The City demonstrated a willingness to engage with them in a process that benefited everyone. Chris Scotti, 7701 Gettysburg, presented a video clip from a 2008 Council meeting discussing Wellborn incorporation. He said our community cannot afford to come back in three years to discuss this again. John Nichols, 1317 Angelina Court, referenced a comment made Tuesday night and stated that dropping annexation will not make it go away. That is not the problem. The problem is growth - rapid growth. Annexation is one of the tools. When he was on Planning and Zoning, he dealt with many contentious issues. Yes, the City is charged with the health, safety, and welfare of those in the ETJ, but the Council has limited tools in the ETJ. The County has little ordinance authority in ETJ, as well. The problem is not going away simply if we do not annex. The land is there. The people want to develop it. Individual property owners can come forward and request annexation. If we can't do an organized annexation, then we will have to take it in piecemeal. Steve Searcy, 1521 Frost, stated there are issues of conflict by having a community surrounded by College Station. He supports annexation and urged Council to vote positively on that. He visited the city website and looked at a map delineating the various annexations over the years. What would College Station be like if annexation activity stopped at 1954, 1960 or 1970? The community has been growing rapidly since that time. Stopping annexation or exempting property just because of high emotion is poor strategy. Mary Broussard, 2909 Pierre Place, stated that until last year, she served as a school board trustee and developed an appreciation of the relationship between the school and city. CSISD RM032411 Minutes Page 7 will benefit if Wellborn is annexed. Regardless of outcome, the school will continue to serve the children of the district. Examples of partnerships with the City include improvements to Royder Road, sewer service, and Kids Klub. These are the types of partnerships that create a great community to work, play, and raise families. Mike McCleary, P.O. Box 36, Wellborn, said he moved to Wellborn over forty years ago. He raised his family there and met a lot of people in Wellborn. Since then, he has seen about 85% of those buried in the cemetery. He asked how much city services they will get anyhow. The sewer line is on wrong side of the road, under the rail road tracks. There is a map that shows a highway going across his property. He asked about the cost to get city services. Comparing Wellborn to Fox Fire is like comparing cats to cows. If anyone wants to see rural, they should come to Wellborn. Bruce Wick, 502 Luther, thanked the Council and reminded them they were elected to represent and serve College Station citizens and protect the City's best interests. He encouraged the Council to do that in these challenging times and annex Wellborn. Listening and acting for small groups is wrong. The ideology is fine, but prudent, legal actions lead to progress. There are a lot of fear mongers and coalitions; this is unprecedented. He asked the Council to look in their hearts and do what is right, and to not leave a mess for another Council to clean up. In 1966 College Station ended at Harvey Road, and there were cows walking down the road. He urged the Council to do what is best for College Station. Dale Holecek, 13922 IGN Road, Asked what will annexation cost the residents of College Station. Lance Simms has projected annual revenues of $173,000 and anticipated costs of $3.4 million. The fiscal impact after full build out is only $26,000. Premises from the Simms presentation includes: 1) the model is projected out twenty years; 2) $262,000 per year to pay the principle and interest on the capital improvements; 3) 1.6 city staff will be used to manage the Wellborn area; and 4) the average salary and benefits of a City employee is $96,000 per year. Using the City's numbers, College Station residents will pay $5 million to annex Wellborn, which will not be repaid in twenty years. If the City can only recover half of the cost of purchasing the current EMS No. 1 property, and the City has to hire one more employee to help manage the area, then the cumulative cost to College Station could be $7.4 million, which will not be repaid in twenty years. This is an agricultural area, and there will not be a lot growth in the next ten years. From a cost point of view, annexation of Wellborn is a terrible deal for College Station residents. Greg Taylor, 15796 IGN Road, stated that when cities were given unilateral authority over the ETJ, they also acquired the responsibility to act in the best interest of the ETJ. Those that have spoken in favor of annexation say it is in the City's best interest. If they think taking on massive financial liability is in their own best interest, they are mistaken. We don't know what the majority thinks, but one way to find out is to vote on it. The incorporation election has been actively pursued since 2008. Petition after petition has been filed. Mary Ann Nagyvary, 3968 Cody, stated her opposition to annexation and that Wellborn should not be considered as a suburb. This community has been around for decades and is not just another plot of land waiting to be grabbed. An initial petition was submitted several years ago RM032411 Minutes Page 8 and ignored. She was so excited about the possibility of incorporation. We were going to have zoning, and who better to have ownership of that area? They were chartering a new rural city and wanted to be good neighbors. It is so sad that the Council so fears it and is so threatened by it. Wasted time and money has been spent on this divisive conflict. If given the right to vote, Wellborn would have this great thing to the south. Council can still vote no to annexation. Marianne Opresko, 11282 Hickory #6, said she was in the ETJ and was annexed. She also ran the first recall of the City Council. She hopes that Council will hold to the fire the feet of staff who reported how much annexation would cost, and if it costs more, take it out of their paycheck. Benefits are developer driven. College Station spent lots of money to put a fire station in her area and then moved it. The Police Department had to hire sheriff deputies to serve the rural area. The fire chief did not do what was needed to serve the rural area. Wellborn was a community before College Station. College Station was incorporated because Bryan was going to annex it. She asked Council to think about how much it will cost. Fred Bouse, 811 Plum Hollow, said it is inconceivable to him that College Station would go forward with this annexation against the wishes of 2,000 people. Remarks have been made that this is not personal. It is personal for Wellborn residents and those College Station residents that love the Wellborn community. Annexation without the right to vote is no different than taxation without representation. He referenced the many foreign conflicts occurring and stated that what their citizens are seeking is no different from what Wellborn is seeking. Lynn Ruoff, 3733 McCullough, thanked the Council for its generosity to use College Station taxes to pay for Wellborn services in a time of economic uncertainty. She noted that College Station recently proposed a monthly $2 fee to repair roads, but now is talking about taking on the repair of Wellborn roads. Most communities looking at decreasing animal control services, but now College Station is looking to add animal control in the annexed area. She stated that those in Wellborn chose to live in an area that does not provide these benefits, and they are happy to continue without. Linda Hale, 4042 Cody, said she has heard so many numbers about how little or how much it will cost to annex and she doesn't know what to believe. In two weeks the Council will have an opportunity to bring healing to Wellborn and to the citizens that don't want this to happen. There is enough room in Brazos County for Bryan, College Station, and Wellborn. She asked Council to think of the scars and division this annexation will cause. Al Smith, 15032 Turnberry, said he is an engineer with forty years experience and is qualified to comment on the service plan. A letter was sent to the Mayor and City Manager addressing a number of cost issues. He believes that the City estimates are $2.4 million under estimated. Had the City prepared a detailed cost benefit risk analysis or environmental assessment, they would have seen items that should have been addressed. For example, the estimate for the seal coati of the roads (with a six year life) was $103,000 whereas it is really $167,000 (based upon two independent contractors). Based on the City's history, these roads will be upgraded to City standards and will cost $1.2 million. He didn't see the cost of the proposed thoroughfare road. He also feels the annual maintenance cost is underestimated. RM032411 Minutes Page 9 Joseph Nagyvary, 3968 Cody, stated that his love of Aggieland is second to none, but he is not impressed with the development of College Station with its huge urban sprawl. When growing up in Hungary, they dealt first with the feudal lords, then the facists, and then communists, who all made them humble themselves and accept their decisions. He did not think he would, in the land of the free, have to stand before a benign colonizing power that would seek to impose its will upon the people. The right of Wellborn to vote is the central issue. According to a local public opinion poll conducted by Councilmember McMillan, two thirds of College Station residents think the Wellborn issue should be decided by the public itself. This is too important to be decided by Council alone, whose composition may change in May. Does the Council realize how bad it looks to have scheduled an annexation vote with the apparent intention to beat a proposed state law that will give them right to vote. The appearance is that they are afraid and don't believe in democracy, with little respect for the principles this great country was founded upon. Kamryn Franze, P.O. Box 270, Wellborn, came before Council and stated she is eleven years old. She noted that Wellborn was her great-great grandparent's home. She asked the Council to let Wellborn stay Wellborn. Vicki Franze, P.O. Box 270, Wellborn, stated that Wellborn is not just a neighborhood. This is a town that has been there for 140 years. Generations have lived there. They don't want the City's protection or services. There are cities in Houston that function perfectly. If Wellborn had incorporated earlier, College Station would have to grow around them anyway. Just because the City has the authority and power to annex, does not make it right. How is it right to press on with annexation against the people's will? She asked the Council to be fair and fiscally responsible. Jane Cohen, 3655 McCullough, agreed that the City instructed us to pursue incorporation. The first petition for incorporation was presented in 2008, and staff said it was not in the right order. They came back in February 2010; the City ignored it and never responded. College Station residents turned in a petition, and 1,500 voters said to let Wellborn vote. The City fought its own citizens. 2,000 residents said to recall Council and by proxy referendum to let Wellborn vote. They would like to have privilege to vote. They did talk about the map. This is just a process, so hopefully we can reach a win-win situation. Regarding the service plan, she thought this was a contract, and they have not had any input. Karen Hall, 5918 Highway 21 East, stated that services are mostly development driven. Those on small tracts will not enjoy services. Great Oaks was annexed 2008, and they still don't have services. Sewer was provided out to the new cemetery across the road, but Great Oaks does not have sewer. They have been in the ETJ since 1970, and that was a College Station decision. ETJ is slang for "gotcha". All cities use the Perryman Group to get the results they want. A noted university of Houston economist pointed out huge flaws in their data and conclusions. Fox Fire requested to be annexed into College Station. In return, College Station brought water, sewer and fire hydrants. Carol Fountain, 14380 Cheyenne, stated that College Staion really has nothing to offer Wellborn except for higher taxes. Mr. Simms consistently states we don't have to do this right away, RM032411 Minutes Page 10 citizens already have water, sewer, etc. There is no advantage to Wellborn or College Station residents to annex Wellborn. They will have to bear the burden of the expense of annexation. College Station seems to exercise power for power's sake against its weaker neighbor, Wellborn. Laura King, 2727 San Felipe, chose to attend TAMU for the strong values and traditions it upholds. While a student, she was steeped in the Aggie code of honor. These values reflect those she was raised by. She has followed the Wellborn issue and is disappointed in the Council's actions. In her opinion, they have not acted ethically. She asked them to please do right thing. Dave White, 5605 Polo, asked why is it so important to annex before the process within the state legislature can take place. There are a lot of people in favor, but do they live in Wellborn? How can you sit there and look at the citizens, and see there are so many asking to be left alone. The council is acting as a steamroller, and he can't believe they can ignore this many people. The Council has the power, the law and the right, but these people should have the right to vote. It's just American. Lynn White, 5605 Polo, said prayer is the best way to find solution. Most major decisions are made out of fear, fact driven decisions, forces, or through faith. Tonight, she has heard the fear that College Station can't grow. It can happen. 40% of the property in the City has not been developed. The fear of Wellbornites is they will lose their identity. Wellborn is more than just a neighborhood; it is a community that was here long before any of us. A.P. Boyd, 5245 Straub, said it is not fair to compare Wellborn to Fox Fire. He gave an example of loose dogs and said that is one of the differences of living in the City and living in the country. He has goats, and his granddaughter plays with them. She can't do that in the city. He loves Wellborn, and that is why he did not build in Pebble Creek. He asked Council to consider letting Wellborn be a good neighbor. They can be a good neighbor. Russell Yates, 904 Pershing, signed up, but did not speak. Bonita Daily Simpson, 15097 Royder, said they have been in this dilemma since 2008. They have looked for ways to incorporate, have fought, but have been knocked down every time. She quoted Matthew 6:9, and asked Wellborn to stay on bended knee. If it is not the Father's will, Council should beware. Charlotte Watson, 1516 Front Royal, briefly discussed her travels abroad. She has seen a huge difference in the America she left and the America she came home to. She is homeschooling her children, and they are studying the American Revolution. She is concerned something is being done without consent. Chris King, 2727 San Felipe, said he is in business development and understands projections. This is the science of the artificial. Communities are becoming artificial. We are taking away the rights of individuals they ought to have. We can't plan for tomorrow, but we can have actions today. Actions are who you are. A rural subdivision is an oxymoron. He asked the Council to protect rural communities. RM032411 Minutes Page 11 Glen Boote, 14290 IGN Road, said Wellborn is a wonderful area. He has never thought of it as anything other than a little town. There is a water tower that says Wellborn; there is a Wellborn Road, and green signs saying Wellborn for many miles. The City is telling me it knows what's best for me as a property owner. How would College Station residents feel if Bryan came to annex and they would have no say about it. He urged the Council to think about annexation in terms of people rather than bettering the corporate image of the City. There being no further comments, the Public Hearing was closed at 9:38 p.m. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2011- 3330, amending Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning Mad" of the Code of Ordinances of the City of College Station, Texas by rezoning 3.41 acres located at 2302 Longmire Drive from C-1 General Commercial and R-6 High Density Multi-Family to R-6 High Density Multi-Family. At approximately 9:42 p.m. Mayor Berry opened the Public Hearing. Chris Peterson, 3702 Oak Ridge, Bryan, stated he is the applicant. There being no further comments, the Public Hearing was closed at 9:43 p.m. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011- 3330, 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 3.41 acres located at 2302 Longmire Drive from C-1 General Commercial and R-6 High Density Multi- Family to R-6 High Density Multi-Family. The motion carried unanimously. 3. Adiournment. MOTION: Upon a motion made and seconded, Mayor Berry adjourned the Regular Meeting of the City Council at 9:44 p.m. on Thursday, March 24, 2011. The motion carried unanimously. 7. Nancy Berry, ayor ATTEST: ~t~- Sherry Ma burn, City Secretary RM032411 Minutes Page 12 CITIZEN COMMENT SIGN-UP FORM CFF) 01' COLLEGE STATION Regular Meeting Date: Home of TexasA&M University" MINI / DD / YY PI a e PRINT all information Name: C~ Phone: 4/ G Lr L7 7 Address: Email: Comments: 0 WRITTEN ORAL Comments are presented for: El"'HEEAR VISITORS F-] AGENDA ITEM # FOR WRITTEN COMMENTS, PLEASE WRITE BELOW: FICOMMENTS CONTINUED ON ATTACHED DOCUMENT OF PAGE(S) FOR ORAL COMMENTS: 1. YOU MUST SIGN UP PRIOR TO THE SCHEDULED MEETING (At the City Secretary's Office during regular business hours, or from 5:00 p.m. to 6:45 p.m. the day of the meeting.); 2. YOU WILL HAVE ONE OPPORTUNITY TO SPEAK; AND 3. YOU MUST OBSERVE THE 3-MINUTE TIME LIMIT. (Time cannot be transferred to another speaker.) Inquiries from speakers about matters not listed on the agenda will either be directed to the Staff or placed on a future agenda for Council consideration. See reverse side for additional rules. 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