HomeMy WebLinkAbout05/09/2013 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
MAY 9, 2013
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Nancy Berry, Mayor
Council:
Blanche Brick
Jess Fields
Karl Mooney
John Nichols
Julie Schultz
James Benham
City Staff:
Kathy Merrill, Interim 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 Berry at 7:14 p.m. on Thursday, May 9, 2013 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.
The Mayor and Council honored Frank Simpson, deceased City Manager, with a moment of
silence.
Presentation:
• Presentation to the Bicycle, Pedestrian and Greenways Advisory Board proclaiming
May as National Bike Month.
Mayor Berry presented the proclamation to Blanche Brick, Chair, and committee members Greg
Stiles, Mary Halterman -Cox, Sherry Ellison, Philip Lasley, James Batenhorst, and Jean Gould.
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• Presentation to St. Joseph Regional Health Center's Trauma Service proclaiming
May as Trauma Awareness Month.
,. Mayor Berry presented the proclamation to Adair deBerry- Carlisle, Trauma Medical Director,
and Sherry Jennings, Trauma Program Manager.
Citizen Comments
Linda Harvell, 504 Guernsey, HPC and 75 Committee Chair, updated the Council on the
upcoming College Station '75 Anniversary. She lauded the Public Communications Department
for their assistance and noted the decal on the College Station fire trucks. She stated that
donations are coming in. There will be a Homecoming on November 15. The George Bush
Library is donating 3,000 square feet of exhibit space from October 21 — January 4. The
birthday celebration is November 16, 2013 with the Grand Opening of the exhibit with free
admission that weekend, and she hopes to see everyone there.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
• April 25, 2013 Workshop
• April 25, 2013 Regular Council Meeting
• May 2,2013 Special Meeting
2b. Presentation, possible action, and discussion regarding approval of Resolution 05-09 -
13 -2b, amending Resolution 02- 14 -13 -2e that will authorize City staff to negotiate for the
purchase of easements needed for the Bee Creek Parallel Trunk Line Project.
2c. Presentation, possible action, and discussion regarding Resolution 05- 09- 13 -2c,
awarding a professional services contract (13 -238) with Ray + Hollington Architects, Inc. in
the amount of $281,500 for the development of the Lick Creek Park Nature Center, and
approval of a resolution declaring intention to reimburse certain expenditures with
proceeds from debt.
2d. Presentation, possible action, and discussion regarding approval of a contract between
the City of College Station and D &S Contracting Inc., in the amount of $153,904 for the
purposes of improvements to Iron Bridge Trail and Raccoon Run Trail in Lick Creek
Park.
2e. Presentation, possible action and discussion on the first of two readings of a non-
exclusive franchise agreement with MedStar Services, LLC for the purposes of collecting
and disposing treated and untreated medical waste from various healthcare related
facilities.
2f. Presentation, possible action, and discussion regarding approval of the Brazos Valley
Wide Area Communications System (BVWACS) Operating Budget for FY 14 and
authorizing the City's quarterly payments of approximately $52,683 for an annual total of
$210,732; and approval of the BVWACS Capital Budget for FY 14 and payment of the
City's share in the amount of $73,460.53.
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2g. Presentation, possible action, and discussion regarding approval of a real estate
contract between the City of College Station and Dorothy Ross in the amount of $119,900
Nor for the sale of 1022 Crested Point with assistance provided through the HOME
Reconstruction Loan Program and for the authorization of the City Manager to sign a
temporary residential lease with Dorothy Ross for 1022 Crested Point.
2h. Presentation, possible action and discussion on Resolution 05- 09- 13 -2h, amending the
authorized representatives on the local government pool account, TexPool.
2i. Presentation, possible action and discussion on Resolution 05- 09- 13 -2i, amending the
authorized representatives on the local government pool account, Texas Short Term Asset
Reserve ( "TexSTAR ").
2j. Presentation, possible action, and discussion regarding approval of a contract between
the City of College Station and Grid Utility, LLC., in the amount of $1,259,929.12 for
Annual Electric System Construction & Maintenance Labor as needed.
Items 2c and 2g were pulled for a separate vote.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda, less items 2c and 2g. The motion carried unanimously.
(2c)MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember
Nichols, the City Council voted four (4) for and three (3) opposed, with Mayor Berry and
Councilmembers Benham and Fields voting against, to adopt Resolution 05- 09- 13 -2c, awarding
a professional services contract (13 -238) with Ray + Hollington Architects, Inc. in the amount of
$281,500 for the development of the Lick Creek Park Nature Center, and approval of a
resolution declaring intention to reimburse certain expenditures with proceeds from debt. The
motion carried. [During discussion of this item, at least two Councilmembers that voted for the
item to fund the design of the Nature Center supported the design of a building that could be
open or closed as weather permitted.]
(2g)MOTION: Upon a motion made by Councilmember Schultz and a second by
Councilmember Mooney, the City Council voted six (6) for and one (1) opposed, with
Councilmember Fields voting against, to approve a real estate contract between the City of
College Station and Dorothy Ross in the amount of $119,900 for the sale of 1022 Crested Point
with assistance provided through the HOME Reconstruction Loan Program and for the
authorization of the City Manager to sign a temporary residential lease with Dorothy Ross for
1022 Crested Point. The motion carried.
REGULAR AGENDA
1. Presentation, possible action, and discussion regarding dedication of the Training Room
in the College Station Utilities Meeting and Training Facility to Mr. Bennie Luedke and all
long- serving City of College Station employees for their years of service, dedication and
( hard work.
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MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Nichols, the
L City Council voted seven (7) for and none (0) opposed, to dedicate the Training Room in the
College Station Utilities Meeting and Training Facility to Mr. Bennie Luedke and all long -
serving City of College Station employees for their years of service, dedication and hard work.
The motion carried unanimously.
2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2013-
3496, 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
approximately 14.2 acres for the property located at 2381 Earl Rudder Freeway South,
generally located north of Raintree Drive and south of Horse Haven Estates, from PDD
Planned Development District to approximately 7 acres NAP Natural Areas Preserve and
approximately 7 acres SC Suburban Commercial.
Carla Robinson, City Attorney, reported that a protest has been filed pursuant to LGC 211.006.
In order for the protest to apply, the petition has to be signed by 20% of the property owners
within 200' of the subject re- zoning. If that is met, an affirmative vote of three fourths of the
governing body is required. However, Planning and Development staff reviewed the protest
petition, and there were not enough signatures. A three fourths vote is not required. Staff will
be happy to meet with the petition signers after the Council's vote to explain how the calculation
is made.
At approximately 7:59 p.m., Mayor Berry opened the Public Hearing.
( Laurie Sorell, 7704 Sherman Court, said she has lived in Raintree for over 35 years. Her lots are
unique due to the vegetation and trees. She is concerned about traffic, the assault to the senses
(smells from restaurants), lights, and noise. This is not in the best interest of the community.
Restaurants are 24/7 operations with deliveries at 2:00 a.m. She is concerned for the animals and
ecological impact.
Mark BuxKemper, 7708 Sherman Court, stated that he is outside of the notification district, but
asked why this property is being re -zoned again. Why aren't we adhering to the zoning
requirement? He bought his home in relation to how the surrounding property was zoned. He
asked Council to keep the property as PDD and build accordingly.
Simaan Shini, 7715 Appomattox Drive, said he is not against development and progress. The
issue is changing the zoning to circumvent a restriction related to restaurants. These changes
will allow restaurants. The worst case scenario is being covered up with restaurants. He asked
Council to not negatively impact the neighborhood.
Boyd Sorell, 7704 Sherman Court, reminded Council that restrictions were put in place to
prevent restaurants in 2009. Now they are requesting a re- zoning to get around that restriction.
No one on the Council wants a restaurant 30' from their property line. With this new zoning,
they can build just about anything they want there. He is against restaurants coming in. The
traffic survey they provided is from 2009. Traffic going across the bridge on Southwest Parkway
is horrendous now. The land around the proposed fourteen acres is still zoned PDD, and he
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asked Council to keep it as it is. Suburban Commercial allows restaurants up to 8,000 square
feet. This is a go around to what was agreed to years ago.
Bill Lero, 4421 Nottingham, Bryan, representing the property owner, stated there are no plans for
this property at this time. They have requested the re- zoning to make the property more
marketable. Suburban Commercial will hopefully make the property more marketable.
Henry Wittner, 2508 Raintree, said he knows of a person that wanted to purchase this property,
but they wanted $1 million; the appraisal is much less, so the land can be sold with those
restrictions. The neighborhood is made up of heroes: fire, police, and teachers. These are the
people that live in Raintree. They have widows and single moms. 7,000 vehicles come through
there now. Raintree is now open all the way back to Emerald Forest and traffic is expected to
more than double. He noted that the Council's neighborhoods have benefited from Council
action on development. He asked Council to listen to the people in Raintree and do the same
thing for them.
Johnny Tilten, 7705 Sherman Court, said the problem is the development that is occurring here is
affecting the homeowners along that property line. He agrees with the homeowners that have
spoken so far.
Jerome Rektorik, Planning and Zoning, said the Commission was sympathetic with their
concerns about restaurants. They feel the restrictions with Suburban Commercial will help
satisfy some of the concerns. The majority of the Commission believed that as long as the
property owner follows the comprehensive plan and the UDO, then it is okay to develop as they
see fit.
Adrien Vogel, 2218 Raintree, said he is concerned with the positioning of the new designation
and marketing it as commercial. This development is on a major arterial. This zoning
designation is supposed to serve the local area, but it will be pulling people off the road to Waco.
The Suburban Commercial intent does not mesh in this case. By saying they want to remove the
restrictions against restaurants, says that they want to build a restaurant.
There being no further comments, the Public Hearing was closed at 8:30 p.m.
MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember
Benham, the City Council voted six (6) for and one (1) opposed, with Councilmember Mooney
voting against, to adopt Ordinance 2013 -3496, 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 approximately 14.2 acres for the property located at 2381 Earl
Rudder Freeway South, generally located north of Raintree Drive and south of Horse Haven
Estates, from PDD Planned Development District to approximately 7 acres NAP Natural Areas
Preserve and approximately 7 acres SC Suburban Commercial, subject to staff conditions . The
motion carried.
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RM050913 Minutes Page 5
3. Adjournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
\.. City Council at 9:10 p.m. on Thursday, May 9, 2013.
Nancy Berry,, Mayor
ATTEST:
ei y M. r .urn, Cit Secretary b
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RM050913 Minutes Page 6
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Amendments to Future Land Use 8 Character:
Ord # 3247: Central College Station Neighborhood Plan 6/10.;10
Ord # 3255: 301 Southwest Pkwy 7/9/10
Ord # 3354: Eastgate Neighborhood Plan 6/23/11
Ord # 3442: Southside Aera Neighborhood Plan 9/13/12
Ord # 3453: Medical District Master Plan 10/11/12
http://www.cstx.gov/Modules/ShowDocument.aspx?documentid=15480
5/6/2013
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LINE TABLE
LINE
BEARING
DISTANCE
1.1
5 77'59'24" E
97.39'
L2
5 07'35'06" E
94.90'
L3
S 87'00'47" E
34,32'
1.4
N 55'23'28" E
69.88'
L5
5 63'43'32" E
107.38'
L6
S 84'55'50" E
82.97'
1.7
N 59'17'11" E
89.19'
L8
N 18'09'19" W
44.50'
L9
N 67'41'39" W
83.58'
L10
N 07'49'55" E
92.56'
111
S 77'53"36" E
20.02'
112
N 75'53'49" E
24.02'
113
N 60'43'38" E
94.95'
114
N 43'17'05" E
28.39'
115
S 88'35'55" E
36.44'
116
5 79'57'05" E
5.80'
L17
5 58'54'23" E
92.55'
118
N 69'00'53" E
52.38'
119
N 54'02'40" E
42.20'
L20
N 48'00'14" E
58.03'
L21
N 89'34'11" E
46.38'
L22
5 66'03'50" E
16.70'
123
5 20'03'02" W
73.87'
L24
5 08'09'14" W
55.56'
L25
9 51'11'57" E
102,57'
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