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HomeMy WebLinkAbout09/11/2017 - Regular Minutes - City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION SEPTEMBER 11, 2017 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Blanche Brick Jerome Rektorik Linda Harvell Barry Moore Julie Schultz James Benham City Staff: Student Liaison Kelly Templin, City Manager Jonah Chen, VP Municipal Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Tanya McNutt, City Secretary Ian Whittenton, 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 Mooney at 7:37 p.m. on Monday, September 11, 2017 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. MCCI presenting the Laserfiche Excellence Award to the City Secretary's Office. Mayor Mooney recognized Russell Haddock with MCCI. Russell Haddock, MCCI presented the Excellence Award to the Ian Whittenton, Deputy City Secretary of City Secretary's Office. Proclamation declaring September 17th through 23rd as Constitution Week. Mayor Mooney presented the proclamation and proclaimed September 17-23,2017 as Constitution Week. Present to accept the proclamation was the La Villita Chapter of the Daughters of the American Revolution. Proclamation declaring September 16th as Thank a Police Officer Day. RM091117 Minutes Page 1 Mayor Mooney presented the proclamation and proclaimed September 16, 2017 as Thank a Police Officer Day. Present to accept the proclamation were members of the College Station Police Department. Hear Visitors Comments No discussion needed. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • August 24, 2017 Workshop Meeting • August 24, 2017 Regular Meeting • August 30,2017 Special Meeting 2b. Presentation, possible action, and discussion on an Interlocal Agreement (ILA) with Brazos County and the City of Bryan to apply and accept a U.S. Department of Justice 2017 Justice Assistance Grant (JAG). 2c. Presentation, possible action, and discussion regarding approval of a construction contract (No.17300495) with Larry Young Paving, Inc. in the amount of$11,361,015.62 for the construction of the Lakeway Drive Project. 2d. Presentation, possible action, and discussion regarding approval of the construction contract(17300458)with Larry Young Paving in the amount of$2,877,493.99 for the Royder Road Expansion Phase 1 Project. 2e. Presentation, possible action, and discussion on Ordinance No. 2017-3924 temporarily amending Chapter 38,Section 38-1013,Traffic Schedule XIII "Temporary Speed Limits" of the College Station Code by changing the posted speed limit on Royder Road to 25 mph between the City Limit to 700' north of Backwater Drive for the duration of the Royder Road Expansion Phase 1 project. 2f. Presentation, possible action, and discussion regarding construction contract 17300478 with Brazos Paving,Inc. in the amount of$315,139.10 for the construction of the culvert and water line replacement at the intersection of Dominik and Stallings Drive. 2g. Presentation, possible action, and discussion to consider awarding contract#17300501 in the amount of$545,000 to C3 Constructors for the construction of CCWWTP Plants 4 & 5 Blower Improvements. 2h. Presentation, possible action, and discussion on Resolution No. 09-11-17-2h naming the authorized representative on the PARS Public Agencies Post-Retirement Health Care Plan Trust account. 2i. Presentation, possible action, and discussion to approve an agreement for administrative services with Phase II Systems dba Public Agency Retirement Services (PARS)in an amount RM091117 Minutes Page 2 of 0.25% of Plan Assets for financial advisory services on an annual basis, estimated to be $3,250 in this initial year. 2j. Presentation, possible action, and discussion regarding renewing a contract for printing and mailing utility bills, late notices and inserts with Xpedient Mail in the amount of $230,000. 2k. Presentation, possible action, and discussion for three year Interlocal Agreement with the City of Bryan and Brazos County to provide Emergency Medical Ambulance Service to Brazos County and to receive payments every quarter. 21. Presentation,possible action,and discussion regarding the final reading for the recycling collection franchise Ordinance No. 2017-3925 and service agreement renewal with Brazos Valley Recycling in the amount not to exceed $880,000 or the number of customers times the approved agreement rates. 2m. Presentation, possible action, and discussion regarding the acquisition of 110.95 acres of land that will be developed into the Westside Community Park. 2n. Presentation, possible action, and discussion regarding approving the renewal of a contract for Annual Padmount Equipment Repair and Restoration with Utility Restoration Services Inc. in the amount of$256,384. 2o. Presentation, possible action, and discussion regarding Ordinance No. 2017-3926 amending Chapter 26, "Miscellaneous Provisions and Offenses," Section 26-8, "Noise", 3 "Exemptions" (a) of the Code of Ordinances of the City of College Station, Texas, regarding the working hours for necessary construction. 2p. Presentation, possible action, and discussion regarding Ordinance No. 2017-3927 amending Chapter 103,"Building and Building Regulations,"Article V.,"Single-Family and Duplex Unit Rental Registration" of the College Station Code. 2q. Presentation, possible action, and discussion on Ordinance No. 2017-3928 repealing Chapter 8 "Business", Article X "Transportation Network Companies" of the College Station Code because the 85th Legislature of the State of Texas passage of H.B. 100 allowing only the state to regulate transportation network companies. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik, 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 an ordinance amending Appendix A, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GS General Suburban to PDD Planned Development RM091117 Minutes Page 3 District for approximately 0.6 acres in the College Park Subdivision generally located at 100 & 200 Fairview. Rachel Lazo, Planning and Development, stated that this request is to rezone approximately 0.6 acres located at the southwest corner of George Bush Drive and Fairview Avenue from GS General Suburban to PDD Planned Development District, with a base zoning district of GC General Commercial. The Urban land use allows commercial development within redevelopment areas, and the Southside Area Neighborhood Plan further defines the types of developments allowed within this section of Southside. The development is seeking to redevelop two lots along George Bush Drive for the relocation of the existing Aggieland Outfitters at Highland and George Bush. This zoning request is consistent with the current Future Land Use and Character Map. There is a proposed modification to reduce the front building setback to ten (10) feet to allow a larger separation between the proposed retail store and the existing residential properties. A second modification has been proposed to remove drive-thru restaurants as a permitted use. Staff recommends approval. The Planning and Zoning Commission heard this item at their August 17th meeting and recommend approval 4-0. At approximately 8:46 p.m., Mayor Mooney opened the Public Hearing. Jerry Cooper, College Park, stated his concerned with the rezoning and the health and safety of the children in Southside, due to traffic congestion and other safety risks. Emily Jane Cowan, Southside Neighborhood Advocacy Group, stated the group's disappointment in the decision of the P&Z Commission. They continue to believe that this is the wrong answer for both their neighborhood and the city. She noted they have a signed petition with over 300 signatures, which clearly shows concern by the residents. Bill Bingham, Southside Neighborhood Advocacy Group, presented information on how the general commercial rezoning is expected to create an increase in tax revenue, or in some cases provide a service the community lacks. He stated in this specific case, neither is true. Kathy Richers, Southside Neighborhood Advocacy Group, spoke on how the applicant's solution is a U-turn, which most likely will not be allowed by TxDOT. She stated that the proposed stop light is not in the TxDOT plan. The only purpose of the disruption is to serve one retail store. Debbie Bethancourt, Southside Neighborhood Advocacy Group, stated that the intersection of Fairview and Bush already has a high pedestrian, bicycle, and scooter traffic load and this blends into the vehicular traffic because there are no sidewalks or bike lanes on Fairview. The pedestrian density will increase with the grade separation because students will not be able to cross Bush due to the new barriers. Hayes Glover, Southside Neighborhood Advocacy Group, stated that the proposed rezoning does more than simply take away our neighborhood entrance forever, it directly impacts the properties immediately adjacent to it. The houses on Fairview will have traffic, noise, accelerating engines, delivery trucks, idling vehicles, unsightly storage containers, restricted views from the owner's fences that are supposed to be a"benefit". RM091117 Minutes Page 4 Bob Richers, Southside Neighborhood Advocacy Group, stated that if anyone had suggested the redevelopment should wrap around a house and extend down Fairview between houses the proposal would have been rejected by City Council out of hand and yet we are considering it as a reasonable thing to do. Hugh Stearns, Southside Neighborhood Advocacy Group, stated that P&Z understood that this was supposed to be a"neighborhood commercial"business. We need to effectively make the case that this is General Commercial and that the definition of either General or Suburban has nothing to do with size. It's about who it serves. Scott Shafer, Southside Neighborhood Advocacy Group, stated that the P&Z has strong opinions about property rights, and we actually all agree on the principle, but we also believe in the rule of law. The owner in this situation has purchased residential properties and the city must decide if it wants to grant them the right to a different use, and a very large immediate gain in value. Whitney Wolfe, College Station, spoke for the applicant and his personal character. She stated that the owner is a planner, will be an excellent neighborhood, and good Stewart to Southside. Nancy Berry, Chimney Hill, spoke in support of Aggieland Outfitters and the rezoning. Don Jones, Pebble Creek, spoke in support of the rezoning due to the location of this property and what he feels is an appropriate use. Nan Krause, College Station, stated that businesses should not be located in a neighborhood. Scott Scherr, Applicant Representative, spoke on the deed restrictions and how they are enforceable. He stated he is a resident of Southside but in support of the rezoning. Chuck Ellison, Southwood Neighborhood, stated he is here representing the applicant, and hear to answer any questions on deed restrictions. There being no comments, the Public Hearing was closed at 9:26 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted four (4) for and three (3) opposed, with Mayor Mooney and Councilmembers Brick, and Harvell, voting against, to adopt Ordinance 2017-3929, amending Appendix A, "Unified Development Ordinance," Section 4.2, "Official Zoning Map,"of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from GS General Suburban to PDD Planned Development District for approximately 0.6 acres in the College Park Subdivision generally located at 100 & 200 Fairview. The motion carried. Mayor Mooney recessed the meeting at 10:24 p.m. The meeting reconvened at 10:34 p.m. 2.Public Hearing,presentation,possible action, and discussion on the City of College Station FY2017-2018 Proposed Budget. RM091117 Minutes Page 5 Mary Ellen Leonard, Finance Director, presented the Operations and Maintenance that are proposed at$244,556,833 and the Capital portion is proposed at$120,957,260 for a total proposed budget of $365,514,093. The FY2017-2018 Budget is scheduled to be adopted in Council Chambers on Monday, September 25, at 7:00 p.m. At approximately 7:51 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:51 p.m. 3. Public Hearing, presentation,possible action and discussion on the City of College Station 2017 advertised ad valorem tax rate of$0.4975 per$100 valuation resulting in an increase in tax revenues. Also discussion and possible action on announcing the meeting date, time and place to adopt the tax rate. Mary Ellen Leonard, Finance Director, presented the second of the public hearings on the tax rate. The proposed tax rate of 49.75 cents per $100 assessed valuation will generate $43,310,628 in taxes. The certified property valuation totaled $8,901,678,045 billion, which is a total increase of $911,210,782 or approximately an 11.41% increase in value over last year. The effective tax rate is 44.4262 cents per$100 assessed valuation. The current tax rate is 47.25 cents per$100 assessed valuation, and the proposed tax rate is 49.75 cents per $100 assessed valuation. If adopted, the proposed tax rate per$100 of assessed valuation would be 49.75 cents and would provide 22.0339 cents for debt service and 27.7151 cents for operations and maintenance. This tax rate meets the Debt Service requirements, and funds the proposed General Fund budget. At approximately 7:55 p.m., Mayor Mooney opened the Public Hearing. Richard Dusold, College Station, spoke in opposition of the increase of the tax rate. There being no comments, the Public Hearing was closed at 7:58 p.m. Mayor Mooney announced the vote on the tax rate will take place in Council Chambers on Monday, September 25, at 7:00 p.m. 4. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending Appendix A, "Unified Development Ordinance", Article 8, "Subdivision Regulations", Section 8.3.I.2, "Utility Easements", of the Code of Ordinances of the City of College Station, Texas, regarding the location of utility easements. Lance Simms, Director of Planning and Development, stated that the proposed UDO amendment is included in the 2017 Planning & Zoning Commission's Plan or Works. This will provide the City Engineer with flexibility regarding the location and width of utility easements, thereby reducing costs for the developer, staff time processing waiver requests, and the number of waiver requests that must be considered by the Planning & Zoning Commission. RM091117 Minutes Page 6 The Planning&Zoning Commission heard this request at their August 17, 2017 meeting and voted to recommend approval 5-0. At approximately 10:37 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:37 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017- 3930, amending Appendix A, "Unified Development Ordinance", Article 8, "Subdivision Regulations", Section 8.3.I.2, "Utility Easements", of the Code of Ordinances of the City of College Station, Texas, regarding the location of utility easements. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding an ordinance amendment to Appendix A, "Unified Development Ordinance", Section 6.3,"Types of Uses" of the Code of Ordinances of the City of College Station, Texas to permit the use of health clubs in the Commercial Industrial zoning district. Justin Golbabai, Planning and Development, stated that this amendment to the Unified Development Ordinance permits the uses of"Health Club/Sports Facility, Indoor", and "Health Club/Sports Facility, Outdoor" in the Commercial Industrial zoning district. The intention of this amendment is to allow gyms and exercise facilities to utilize buildings with a more warehouse or industrial character. The Planning & Zoning Commission considered this item at their August 17, 2017 meeting and voted of 5-0 to recommend approval. Staff also recommends approval. At approximately 10:39 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:39 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017- 3931, amending Appendix A, "Unified Development Ordinance", Section 6.3, "Types of Uses" of the Code of Ordinances of the City of College Station, Texas to permit the use of health clubs in the Commercial Industrial zoning district. The motion carried unanimously. 6. Presentation, possible action, and discussion on future agenda items and review of standing list of Council generated agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. No future items to discuss. 7. Adjournment. RM091117 Minutes Page 7 There being no further business, Mayor Mooney adjourned the ' 'gular Meting of the City Council at 10:40 p.m. on Monday, September 11, 2017. A K. 1 ooney ayor ATTES'T_: Tanya M Nu ,s/ ity Secretary RM091117 Minutes Page 8