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HomeMy WebLinkAbout10/12/2017 - Regular Minutes - City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION OCTOBER 12, 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 Tory Oxendahl, 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 7:19 p.m. on Thursday, October 12, 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. Proclamation for Municipal Court Week. Mayor Mooney presented the proclamation marking November 6 — 10 as Municipal Court Week to Judge Ed Spillane, Court Operations Supervisor, Marie Barringer, Customer Services Coordinator, Shasi Smith, Collection Services Coordinator, Lucy Coronilla, Deputy Court Clerk, Sherry Brown, and City Marshal, Michael Lundy. Proclamation for the College Station Firefighters "Fill the Boot" for the Muscular Dystrophy Association. Mayor Mooney presented the College Station Fire Department with a proclamation proclaiming October 26, 27, and 28 as College Station Fire Department"Fill the Boot" Days. RM101217 Minutes Page 1 Councilmember Benham recognized Ashley and Alley Schultz, the daughters of Councilmember Schultz, who were in attended at the Council meeting. Hear Visitors Comments John Ellison, Southwood Valley, came before Council with a heavy heart regarding the college students who participate in Northgate activities. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • September 25, 2017 Workshop Meeting • September 25, 2017 Regular Meeting • October 2, 2017 Special Meeting 2b. Presentation, possible action, and discussion on renewing the financial advisory services consultant contract with Hilltop Securities, Inc. for the not-to-exceed contract amount of $150,000. 2c. Presentation, possible action, and discussion on approving the budget of the Memorial for all Veterans of the Brazos Valley; and presentation, possible action, and discussion on approving a funding agreement between the City of College Station and the Memorial for All Veterans of the Brazos Valley for FY18 in the amount of$25,000. 2d.Presentation,possible action,and discussion on approval of a funding agreement between the City of College Station and the Research Valley Partnership (RVP) for FY18 in the amount of$350,000. 2e. Presentation, possible action, and discussion on approving a funding agreement between the City of College Station and College Station Noon Lions Club for FY18 in the amount of $15,000. 2f. Presentation, possible action, and discussion on approving the agreement between the City of College Station and the Arts Council of the Brazos Valley for FY18 in the amount of $390,868 for Affiliate funding and art and tourism marketing. 2g. Presentation, possible action, and discussion on approving the budget of the Bryan/College Station Chamber of Commerce and presentation, possible action, and discussion on approving a funding agreement between the City of College Station and the Bryan/College Station Chamber of Commerce for FY18 in the amount of$25,000. 2h. Presentation, possible action, and discussion on approving the budget of Easterwood Airport and presentation,possible action, and discussion on approving a funding agreement between the City of College Station and the Easterwood Airport for FY18 in the amount of $114,376. 2i. Presentation, possible action, and discussion on approving the budget of the Arts Council of the Brazos Valley, and; presentation, possible action, and discussion on approving the RM101217 Minutes Page 2 agreement between the City of College Station and the Arts Council of the Brazos Valley for operations and maintenance FY18 totaling$325,000. 2j.Presentation,possible action,and discussion on approving the budget of the Brazos Valley Convention and Visitors Bureau (CVB); and presentation, possible action,and discussion on a tri party funding agreement between the City of College Station, City of Bryan and the Brazos Valley Convention and Visitors Bureau for FY18 in the amount of$2,280,236, with the College Station portion being$1,846,991 and the Bryan portion being $433,245. 2k. Presentation, possible action, and discussion on approving a funding agreement between the City of College Station and Keep Brazos Beautiful for FY18 in the amount of$49,190. 21. Presentation, possible action, and discussion on the award of RFP No. 18-001 for the purchase of City branded uniforms (T-Shirts, Caps and Polos) for Parks athletic programs and for other City departments with CC Creations ($65,000) and M&M Apparel ($65,000) for a combined annual estimated expenditure of$130,000. 2m. Presentation, possible action, and discussion on a funding agreement between the City of College Station and the Brazos Valley Convention and Visitors Bureau (CVB) for FY18 in the amount of$400,000 to administer the CVB Grant Program. 2n. Presentation, possible action, and discussion regarding construction contract (No.17300564) with Elliott Construction, LLC, in the amount of $3,291,339.17, for the construction of the Eastgate Rehab PH IV Project, and approval of Resolution No. 10-12-17- 2n declaring intention to reimburse certain expenditures with proceeds from debt. 2o. Presentation, possible action, and discussion on a professional services contract no. 17300585 with Binkley & Barfield, Inc. in the amount of $301,495 for the professional engineering services related to the preliminary design of the Greens Prairie Road and Greens Prairie Trail Project. 2p. Presentation, possible action, and discussion regarding contract no. 17300582 between the City of College Station and Freese and Nichols, Inc. in the amount of$258,200 for the Drainage Capital Plan. 2q. Presentation, possible action, and discussion on Resolution No. 10-12-17-2q stating that the City Council has reviewed and approved the City's Investment Policy, Broker-Dealer List and Investment Strategy. 2r.Presentation,possible action,and discussion on approving annual water meter purchases from Aqua Metric Sales Company through the Houston-Galveston Area Council (HGAC) contract (#WM08-16). Based on the attached contract unit pricing, the estimated annual expenditure for water meters is: $166,078.27. 2s. Presentation, possible action, and discussion of Ordinance No. 2017-3945 amending Chapter 38,"Traffic and Vehicles,"Article VI "Traffic Schedules," Section 38-1014"Traffic Schedule XIV, No Parking Here to Corner and No Parking Any Time," of the Code of Ordinances of the City of College Station, Texas, by removing parking on the northeast side RM101217 Minutes Page 3 of Little River Street beginning at the intersection of Harvey Mitchell Parkway South and extending 175 feet northwest to the intersection with a private alley. 2t. Presentation, possible action, and discussion of Ordinance No. 2017-3946 amending Chapter 38,"Traffic and Vehicles,"Article VI"Traffic Schedules," Section 38-1014 "Traffic Schedule XIV, No Parking Here to Corner and No Parking Any Time," of the Code of Ordinances of the City of College Station,Texas, by removing parking on the northwest side of Cordova Ridge Court beginning at the intersection of Renee Lane and extending 640 feet southwest into its cul-de-sac. 2u. Presentation, possible action, and discussion on approving a contract amendment removing contradictory language from College Station Community Development Block Grant Funding Contract with Brazos Valley Community Action Programs for the 1112 Waynesboro Court Affordable Rental Activity Contract No.17300514. 2v. Presentation, possible action, and discussion on approving a contract amendment removing contradictory language from College Station Community Development Block Grant Funding Contract with Twin City Mission for the 2404 Blanco Drive Affordable Rental Activity Contract No.17300512. 2w. Presentation, possible action, and discussion regarding Ordinance No. 2017-3947 amending Chapter 16, "Fire Prevention and Protection," Article III, "Fire Code," Section 16-52, "Amendments to the International Fire Code" to allow the CSPD SWAT team to have key box access. 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," Article 4 "Zoning Districts," Section 12-4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from PDD Planned Development District to PDD Planned Development District by amending the Concept Plan for approximately 11 acres of land being situated in Lots 1A, 2A & 3, Block 1 of the Northpoint Crossing Subdivision, more generally located at 425 Northpoint Crossing Drive. Case #REZ2017-000014 Jenifer Paz, Planning and Development, stated that this request is to modify the Concept Plan of the existing PDD. This request proposes changes to the Concept Plan by reducing sidewalks along Northpoint Crossing Drive (a public way) to allow for redesign of parking along the public way that accommodates head-in parking and makes modifications to the sign ordinance in order to improve site identification and wayfinding. The Planning and Zoning Commission heard this item at their September 2 is' meeting and voted unanimously to recommended approval. RM101217 Minutes Page 4 At approximately 7:48 p.m., Mayor Mooney opened the Public Hearing. The applicant spoke. There being no comments, the Public Hearing was closed at 7:55 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik,the City Council voted seven(6) for and none (0) opposed,with Councilmember Moore abstaining, to adopt Ordinance 2017-3948, amending Appendix A, "Unified Development Ordinance," Article 4 "Zoning Districts," Section 12-4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from PDD Planned Development District to PDD Planned Development District by amending the Concept Plan for approximately 11 acres of land being situated in Lots 1A, 2A& 3,Block 1 of the Northpoint Crossing Subdivision, more generally located at 425 Northpoint Crossing Drive. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan by amending the Thoroughfare Plan to realign a future minor collector roadway planned to intersect Arrington Road from the west between South Oaks Drive and Harpers Ferry Road to align with Harpers Ferry Road. Case #CPA2017- 000012 Jason Schubert,Planning and Development,stated that the proposed thoroughfare plan amendment adjusts the location of where a future minor collector is planned to intersect Arrington Road by realigning it to Harpers Ferry Road. The application is necessary as the proposal affects the alignment relationship of two thoroughfares and realigns a planned thoroughfare more than 1,000 feet, which is the maximum the Unified Development Ordinance allows staff the discretion to consider. The application was submitted by Brazos County as part of their effort to complete the design and reconstruction of a portion of Arrington Road. Additional background regarding prior land use and thoroughfare planning efforts in the area are provided as part of the attached Background Information. The Planning and Zoning Commission heard this item at their October 5th meeting and voted unanimously to recommended approval. At approximately 8:45 p.m., Mayor Mooney opened the Public Hearing. Karen Pitts,Nantucket, stated her concerns of the safety of her neighborhood. Mrs. Pitts requested Council to postpone the decision on the realignment of Harpers Ferry, and give our constituents a chance to find ways to stem the overwhelming cut-through traffic that will affect Nantucket and South Oaks. Marie Wolfe, College Station, requested Council to deny the application to amend the Comprehensive Plan until TDM is redone with all the streets in Nantucket that could be impacted are identified and included and the collector as it appears in the current thoroughfare Plan is removed since that collector is not anticipated to be built in the foreseeable future. (Written Only) RM101217 Minutes Page 5 Ward V. Wells,Nantucket,gave a background of the Nantucket subdivision. Mr. Wells also spoke on the safety issues from the design and reconstruction of a portion of Arrington Road. Karen L. Weir,Nantucket,spoke on safety issues of the traffic increase and effects of the alignment down Arrington through Nantucket Neighborhood streets. Sherry Bame, Nantucket, spoke on neighborhood integrity of Nantucket and an assault on their neighborhoods safety. Mrs. Bame also stated her concerns on the effects of the alignment down Arrington through Nantucket Neighborhood streets. Mary Lou Price, Nantucket, spoke in regards to the Kimberly-Horn discrepancy and addressing the questions from Mrs. Wolfe. Robert Rose,Bryan, spoke on the bicycle and pedestrians safety and addressing those issues before moving forward with the alignment. Juanita Cornier, Nantucket, asking if anyone has drove down the streets of Nantucket, to really understand that these roads can't handle any more traffic. David Ogden,Nantucket, spoke on the affects the alignment will cause for Misty Ln, and the safety issue with the cut through of Nantucket to Misty Ln. Anna Janne,Nantucket, stated that she is piggy backing on what the other concern citizens saying, which are the safety issues of the traffic. There being no comments, the Public Hearing was closed at 9:10 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Harvell, the City Council voted two (2) for and five (5) opposed, with Mayor Mooney and Councilmembers Benham, Schultz, Moore, and Rektorik voting against, to postpone Ordinance 2017-3949, amending the Comprehensive Plan by amending the Thoroughfare Plan to realign a future minor collector roadway planned to intersect Arrington Road from the west between South Oaks Drive and Harpers Ferry Road to align with Harpers Ferry Road. The motion failed. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Schultz, the City Council voted five (5) for and two (2) opposed, with Councilmembers Brick and Harvell voting against, to approve Ordinance 2017-3949, amending the Comprehensive Plan by amending the Thoroughfare Plan to realign a future minor collector roadway planned to intersect Arrington Road from the west between South Oaks Drive and Harpers Ferry Road to align with Harpers Ferry Road. The motion carried. At 9:23 p.m., Mayor Mooney recessed the Regular. Regular reconvened at 9:32 p.m. 3. Public Hearing, presentation, possible action, and discussion of an Ordinance amending Chapter 107, "Impact Fees", Article III, "System-Wide Impact Fees", Section 107-73, RM 101217 Minutes Page 6 "System-Wide Roadway Impact Fees", of the Code of the City of College Station, Texas, reducing the roadway impact fee collection rate to zero. Carol Cotter, City Engineer, briefed Council on the maximum impact fees for roadways that was adopted last year, with a lower collection rate phased in over a three-year period. The roadway impact fees is a funding source to help mitigate the estimated$134 million in capital improvements needed in the next ten years and the first of the phased-in fees are scheduled to be collected beginning December 1, 2017. With Council's direction to bring back to discuss roadway impact fees scheduled to go into effect on December 1, 2017. Staff is seeking direction from the Council on the amount of roadway impact fees to be collected and the implementation schedule. Staff recommends At approximately 9:51 p.m., Mayor Mooney opened the Public Hearing. Richard Woodward, College Station, stated he concurred with Councilmember Benham because he is an economist. Mr. Woodward request council to deny reducing the amount of roadway impact fees. Robert Rose, Bryan, informed council about a pattern he has notice with his business showing a decrease in sales as each month comes to a close. He attributes this to citizens running out of money towards the end of the month after paying their rent or mortgage. If we eliminate impact fees then taxes will be increased and businesses will lose potential customers. Veronica Morgan, spoke on how to make impact fees equitable by better defining which roadways on the thoroughfare plan will give a developer credit towards impact fees. There being no comments, the Public Hearing was closed at 9:59 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted two (2) for and five (5) opposed, with Mayor Mooney and Councilmembers Brick, Rektorik, Harvell, and Moore voting against, to adopt Ordinance 2017- 3950, amending Chapter 107, "Impact Fees", Article III, "System-Wide Impact Fees", Section 107-73, "System-Wide Roadway Impact Fees", of the Code of the City of College Station, Texas, reducing the roadway impact fee collection rate to zero. The motion failed. 4. Public Hearing, presentation, possible action, and discussion regarding an ordinance amending the Comprehensive Plan by amending Maps B and C within the "Parks and Recreation Master Plan" and revising Neighborhood Park Zones and Community Park Zones. David Schmitz, Director of Parks and Recreation, stated that the Parks and Recreation Advisory Board studied the Parkland Dedication Ordinance in an effort to address issues that had arisen over the last few years. Their recommendations are included in the suggested Ordinance changes. Changes to the Comprehensive Plan include: • Change the Neighborhood Park Zones to no longer include the College Station ETJ and combining some of the Neighborhood Park Zones RM101217 Minutes Page 7 • Reduce Community Park Zones from four areas to two areas by combining Zones A & B into one Zone(West of HWY 6) and combining Zones C &D into one Zone(East of HWY 6). The Planning and Zoning Commission heard this item at their September 21st meeting and agreed with the recommendations of the Parks and Recreation Advisory Board (5-1 vote). At approximately 10:56 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:56 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017- 3951, amending the Comprehensive Plan by amending Maps B and C within the "Parks and Recreation Master Plan"and revising Neighborhood Park Zones and Community Park Zones. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding approval of an ordinance amending Chapter 12, "Unified Development Ordinance", Section 12-8.8 (A) "Purpose", Section 12-8.8(C)(9) "Use of Fees", Section 12-8.8(F)(2) "Special Fund; Right to Refund"; of the Code of Ordinances of the City of College Station,Texas; setting forth rules and regulations relating to Parkland Dedication; providing a severability clause; declaring a penalty; and providing an effective date. David Schmitz, Director of Parks and Recreation, stated that the Parks and Recreation Advisory Board studied the Parkland Dedication Ordinance in an effort to address issues that had arisen over the last few years. Their recommendations are included in the suggested Ordinance changes. The changes made are to include verbiage that allows for the purpose and use of collected Parkland Dedication Fees to also include "improvements"to existing parks; extend the right to refund term to "10 years" from 5 years; and to also include the verbiage of fees "encumbered or expended" as not eligible for refund in the right to refund section. The Planning and Zoning Commission, at their September 21, 2017 meeting, agreed to Section 12- 8.8(A) "Purpose" and Section 12-8.8(C)(9) "Use of Fees" which was the addition of verbiage to include "improvements of parks as an allowed use of collected Parkland Dedication Fees (5-1 vote). The Planning and Zoning Commission disagreed with Section 12-8.8(F)(2) "Special Fund; Right to Refund" which was extending the time period from 5 years to 10 years and added the verbiage to include "encumbered or expended" in relation to the use of collected Parkland dedication fees. (1-5 vote) At approximately 11:17 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 11:17 p.m. Council recommended staff to bring back with changes to the ordinance to include: extending the right to refund term to "10 years" from 5 years, and added the verbiage to include "encumbered RM101217 Minutes Page 8 by contract or purchase order or extended" in relation to the use of collected Parkland dedication fees. Additionally, Council recommended a change to the ordinance for the right to refund to be automatic and not by request. 13. 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. Councilmember Benham requested for future council meetings to have a start time of 4:00 p.m. for the Workshop and entering Executive Session, 5:00 p.m. for resuming the Workshop, and 6:00 p.m. for the Regular. Councilmember Benham requested a future workshop item on cyber security. Councilmember Harvell requested updates on the progress of the new police facility. Councilmember Schultz requested a workshop item on Parks and Recreation Master Plan pertaining to parkland and dedication fees. Councilmember Rektorik requested a process for all council to attend an event, if not posted. 14. Adjournment. There being no further business, Mayor Mooney adjourned the Regular M:-ting of the City Council at 11:40 p.m. on Thursday, October 12, 2017. A " ar'M,,oney, ' ayor ATT ST: Tan a Mc V tt, City Secretary RM101217 Minutes Page 9 AFFIDAVIT OF CONFLICT OF INTEREST THE STATE OF TEXAS § § COUNTY OF BRAZOS § I;7 • ri:,j T r'`...5 , as a member of the City of College Station 6:1:"N CO 4C.;` make this affidavit and hereby, on oath, state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the above body, as those terms are defined in Chapter 171, Texas Local Government Code. Date of Meeting: 0'6112- 1 (-}' Agenda Item Number: 1 The business entity is: S • -hA1(.D ?j�,2.,-%1=\ C - --; AS(--t s (have/has) a substantial interest in this business entity for the following reasons: (Check all that are applicable.) 2- I own 10% or more of the voting stock or shares of the business entity; 1I own either 10% or more or$5,000 or more of the fair market value of the business entity; n Funds received by me from the business entity exceed 10%of my gross income for the previous year; ❑ Real property is involved and (I/we) have an equitable or legal ownership with a fair market value of $2,500 or more; ❑ A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this kZ day of CC--t— , 201' -. S gnature of Official Title T1BEFORE ME, the undersigned authority, on this day personally appeared --- • v�-1 l o V C, who after being by me duly sworn and on his oath deposed and says that he/she has ready the above and foregoing and that every statement contained therein is with his/her personal knowledge� and is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME on this day of ObcJc D ^A_ , 20 . I , A�P. — — - — — - — — — I — 1111LIl t 2o�P.......y�� TANYA McN ► _,�..iir�/ *; * 11652789.5 ► 1 otar Pu At, State of Texas t 061841 y Public, State of Texas 4. �'�,,.-F a My Commission Expires ► February 14,2018