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HomeMy WebLinkAbout09/12/2019 - Regular Minutes - City CouncilRM0091219 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION SEPTEMBER 12, 2019 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Elianor Vessali John Nichols Dennis Maloney - absent City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, 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 6:01 p.m. on Thursday, September 12, 2019 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. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to approve the absence request for Councilmember Dennis Maloney. The motion carried unanimously. Proclamation declaring September 17th through 23rd as Constitution Week. Mayor Mooney presented the proclamation and proclaimed September 17-23, 2019 as Constitution Week. Present to accept the proclamation was the La Villita Chapter of the Daughters of the American Revolution. Hear Visitors Comments Elianor Vessali, College Station, came before Council to honor the service and sacrifice of Army Captain Sean E. Lyerly. RM0091219 Minutes Page 2 Jacob Prazak, College Station, came before Council highlight the health of a College Station firefighter who was diagnose with cancer and emphasize the importance of the additional screenings for firefighters. He went on to thank the Council, city staff, and Fire Administration for their continued support of the screening program. David Scott, College Station, came before Council to state his concern with Lick Creek Park and how the City has caused damage to this park. He stated he understands the need for utilities but what is happening to the park is devastating. Donell Frank, College Station, came before Council to express her concerns with Lick Creek Park, and the utilities infrastructure that is being placed in this park. She would like to see the City plant new native plants in place of the natural plants that have been remove due to the utility construction. Jackie Girouard, College Station, came before Council to express her concerns with Lick Creek Park and her personal history with this park, until the destruction. Cheryl Lewis, College Station, came before Council to express her concerns with Lick Creek Park and her desire to see the City take more care to not destroy natural habitat. She offered to volunteer to help with the preservation of this park, the native plants, and water conservation. Sandy Dillard, Bryan, came before Council to state his concern with Lick Creek Park and echoes what the other speakers stated regarding this park. He also stated that if the City would look into “eco-tourism” it could help sustain this city. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  August 22, 2019 Workshop Meeting  August 22, 2019 Regular Meeting 2b. Presentation, discussion and possible approval of Ordinance No. 2019-4116 entering into a Participation Agreement for Constructing Public Infrastructure between Grand Jr., LLC, an Idaho Limited Liability Company authorized to do business in Texas and the City of College Station, Texas for a total amount of City participation not to exceed $208,851 excluding fixed fees. 2c. Presentation, discussion, and possible action regarding approval of the following documents relating to the Block 6, Lots 1R & 2-5 Property Owners Association located within The Business Center at College Station: I. Certification of Formation, including identifying the initial board of director members as the City Manager, the Director of Economic Development and the Director of Planning and Development. II. By Laws III. Declaration of Restrictive Covenants 2d. Presentation, discussion, and possible action to authorize expenditure of funds for FY 2020 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or f ees mandated by RM0091219 Minutes Page 3 state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. 2e. Presentation, discussion, and possible action on Ordinance No. 2019-4117 to approve a negotiated settlement agreement between the Atmos Cities Steering Committee (ACSC) and Atmos Energy Corp., Mid-Tex Division, regarding the company's 2019 rate review mechanism filings with attached rate tariffs and proof of revenues. 2f. Presentation, discussion, and possible action on Ordinance No. 2019-4118 amending Chapter 38, "Traffic and Vehicles," Article II "Stopping, Standing and Parking," Division 3 "Northgate Area," Section 38-109 "Violations" of the Code of Ordinances by amending certain sections relating to the Northgate Parking Garage Gate. 2g. Presentation, discussion, and possible action regarding the approval of the annual price agreement for Auto Heavy Truck Paint and Body Repairs to Corn ’s Collision Center, Inc. for an amount not to exceed $120,000 annually, for a total possible contract award of $600,000 and the rejection of bids received in response to Invitation to Bid (ITB) #19-051 and rejection of contract 19300569. 2h. Presentation, discussion, and possible action on an Interlocal Agreement (ILA) with Brazos County and the City of Bryan to apply and accept a U.S. Department of Justice 2019 Justice Assistance Grant (JAG). 2i. Presentation, discussion, and possible action on the consideration of Ordinance No. 2019- 4119 amending Chapter 38, "Traffic and Vehicles," Articles VI, "Traffic Schedules," Section 38-1002 "Traffic Schedule II, Four Way Stop Intersections," of the Code of Ordinances of the City of College Station, Texas by implementing a four-way stop intersection at Church Avenue East and West Bound at Second Street and the Public Way of the Northgate Surface Parking Lot. 2j. Presentation, discussion, and possible action regarding renewal of contracts from Bid #18- 114 for prefabricated signs and sign blanks in the amount of $54,224.50 with Vulcan Signs and for posts and hardware in the amount of $61,585.00 with Dobie Supply. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, discussion, and possible action on the City of College Station FY2019-2020 Proposed Budget. Mary Ellen Leonard, Finance Director, presented the Operations and Maintenance that are proposed at $269,986,220 and the Capital portion is proposed at $71,171,087 for a total proposed budget of $341,157,307. The FY2019-2020 Budget is scheduled to be adopted in Council Chambers on Thursday, September 26, at 6:00 p.m. At approximately 6:35 p.m., Mayor Mooney opened the Public Hearing. RM0091219 Minutes Page 4 Brian Alg, Pebble Creek, came before Council to state his concerns related the money the City is giving to businesses in the form of economic incentives. Craig Hall, College Station, stated that a few years ago the City decide d to make minimal tax increases but continues to be one of the fasting growing municipalities in Texas. He further stated that the City raising capital through taxes is not desirable but necessary to conduct business as it has needs for the maintenance, staffing, and planning for future growth. There being no comments, the Public Hearing was closed at 6:42 p.m. 2. Public Hearing, presentation, discussion, and possible action on the City of College Station 2020 advertised ad valorem tax rate of $0.534618 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 first of two public hearings on the tax rate. The proposed tax rate of 53.4618 cents per $100 assessed valuation will generate $51,722,744 in taxes. The certified property valuation totaled $10.0 billion, which is a total increase of $492 million or approximately a 4.93% increase in value over last year. The effective tax rate is 49.5757 cents per $100 assessed valuation. The current tax rate is 50.58 cents per $100 assessed valuation, and the proposed tax rate is 53.4618 cents per $100 assessed valuation. If adopted, the proposed tax rate per $100 of assessed valuation would be 53.4618 cents and would provide 22.1444 cents for debt service and 31.3174 cents for operations and maintenance. This tax rate meets the Debt Service requirements, and funds the proposed General Fund budget. The FY20 Budget reflects a 2.8777 cent per $100 assessed valuation. The proposed FY20 budget is $341 million, this is $19.7 million below last year’s due to the timing of capital project appropriations. At approximately 6:47 p.m., Mayor Mooney opened the Public Hearing. Richard Dusold, College Station, expressed his concerns on the proposed tax rate increase and how no one in the city is in favor of this increase and he believes the council should vote down the proposed budget. Michael Nibert, College Station, came before Council to express his concerns of the proposed tax increase. He stated that this doesn’t affect him because he is over 65 but is here to help speak on behalf of the citizens that are not in favor of the proposed tax rate increase. Sherri Echols, College Station, came before Council to speak about her concerns on the proposed tax rate increase. She does not believe that individual income has increased at a rate equal to the increased taxes over the last several years. Brian Alg, Pebble Creek, came before Council to state his concerns on the proposed tax rate increase which he believes is a reaction to the state capping future tax increases. Michelle Lee, College Station, stated she is a part of an online group of people that are not in favor of the proposed tax rate increase and state that she believes that new development should pay for new services. RM0091219 Minutes Page 5 There being no comments, the Public Hearing was closed at 7:01 p.m. Mayor Mooney announced that the Council will vote on the tax rate on Thursday, September 26, 2019 at 6:00 p.m. in City Council Chambers at City Hall. 3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2019-4120 amending Appendix A, “Unified Development Ordinance,” Article 4, Zoning Districts,” 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 R Rural to RS Restricted Suburban, GC General Commercial, O Office, and NAP Natural Areas Protected for approximately 210 acres generally located at the intersection of Rock Prairie Road and William D. Fitch Parkway. Regular Item 3 was pulled at the request of the applicant and moved to a future agenda date. 4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2019-4121 amending the Comprehensive Plan - Future Land Use and Character Map from Suburban Commercial and Natural Areas Reserved to General Commercial, Urban, and Natural Areas Reserved for approximately 8.7 acres of land located at 2709 Texas Avenue South. Justin Constantino, Planning and Development, stated that the applicant has requested an amendment to the Comprehensive Plan’s Future Land Use and Character Map from Suburban Commercial and Natural Areas Reserved to General Commercial, Urban, and Natural Areas Reserved, as a step toward permitting commercial and multi-family development on approximately 8.7 acres located at 2709 Texas Avenue South. The proposed General Commercial, Urban, and Natural Areas Reserved land uses encourage compatible growth by providing the option for a mix of appropriate commercial uses near the intersection of two major thoroughfares, continued designation of floodplain as reserved open space, and housing options needed to support the residents in the area. The Planning and Zoning Commission considered this item on August 15, 2019 and voted 6-0 to recommend approval. Staff also recommends approval. At approximately 7:14 p.m., Mayor Mooney opened the Public Hearing. Donell Frank, College Station, stated that she has already seen E. coli in Bee Creek and is afraid it will happen more if this property is allowed to add more concrete. There being no comments, the Public Hearing was closed at 7:16 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Rektorik, the City Council voted six (6) for and none (0) opposed, to adopted Ordinance 2019-4121, amending the Comprehensive Plan - Future Land Use and Character Map from Suburban Commercial and Natural Areas Reserved to General Commercial, Urban, and Natural Areas Reserved for approximately 8.7 acres of land located at 2709 Texas Avenue South. The motion carried unanimously. RM0091219 Minutes Page 6 5. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2019-4122 amending the Comprehensive Plan - Future Land Use and Character Map from Natural Areas Reserved to General Commercial for approximately 1.3 acres of land located at 3030 University Drive East. Justin Constantino, Planning and Development, stated that the applicant has requested an amendment to the Comprehensive Plan’s Future Land Use and Character Map from Natural Areas Reserved to General Commercial as a step toward permitting a medical office in an existing office building on approximately 1.3 acres of developed property located at 3030 University Drive East. The proposal is consistent with the goals and strategies of the Comprehensive Plan. The goal for College Station’s Future Land Use and Character is to create a community with strong, unique neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and enhanced natural environment. The proposed General Commercial land use encourages compatible growth by providing the option for more diverse land use options on a dev eloped property situated in a commercial corridor. The Planning and Zoning Commission considered this item on September 5, 2019 and voted 5-2 to recommend approval. Staff also recommends approval. At approximately 7:28 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:28 p.m. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2019-4122, amending the Comprehensive Plan - Future Land Use and Character Map from Natural Areas Reserved to General Commercial for approximately 1.3 acres of land located at 3030 University Drive East. The motion carried unanimously. 6. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2019-4123 amending Appendix A, “Unified Development Ordinance,” Article 4, Zoning Districts,” 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 M-1 Light Industrial to GC General Commercial for approximately 1.3 acres of land generally located at 3030 University Drive East. Justin Constantino, Planning and Development, stated that the applicant is requesting to rezone the subject property from M-1 Light Industrial to GC General Commercial. The change in zoning alters the allowed uses for the existing property and effectively transitions the property from a retired zoning district to a zoning designation more appropriate for the immediate area. Mr. Constantino explained that changing the zoning of the subject property from M-1 Light Industrial to GC General Commercial alters the allowed uses and allows for increased marketability of the subject property. Located along University Drive East, the property is situated along a corridor which has been established for providing regionally significant commercial activity. The proposed rezoning would allow for increased marketability by permitting land uses with more intensive development activity. The applicant has expressed that the limited land uses permitted by right in the retired M-1 Light Industrial zoning district does not match the highest and best use of the property or subject area, and RM0091219 Minutes Page 7 the rezoning to GC General Commercial will allow the applicant to market to a wider array of potential tenants. The Planning and Zoning Commission considered this item on September 5, 2019 and voted 6-1 to recommend approval. Staff also recommends approval. At approximately 7:35 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:35 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to adopted Ordinance 2019-4123, amending Appendix A, “Unified Development Ordinance,” Article 4, Zoning Districts,” 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 M-1 Light Industrial to GC General Commercial for approximately 1.3 acres of land generally located at 3030 University Drive East. The motion carried unanimously. 7. 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 Harvell requested a future agenda item to discuss the residential zoning regulations regarding a possible vegetation buffer and tree protection. Councilmember Harvell requested an update on the collection of taxes from short term rental operators such as Airbnb. 8. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 7:42 p.m. on Thursday, September 12, 2019. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary