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HomeMy WebLinkAbout05/28/2020 - Regular Minutes - City CouncilRM052820 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION MAY 28, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Capps, Interim City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney at 7:57 p.m. on Thursday, May 28, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Hear Visitors Comments David Flash, Leander, came before Council to give examples of what he believes are questionable practices in the College Station Police Department. 3. CONSENT AGENDA 3.1. Presentation, possible action, and discussion of minutes for:  May 14, 2020 Workshop Meeting  May 14, 2020 Regular Meeting 3.2. Presentation, discussion, and possible action on the second reading of a franchise agreement Ordinance No. 2020-4177 with Howdy Disposal LLC; for the collection of demolition and construction debris, recyclables, and organic waste from commercial, industri al and multifamily locations. RM052820 Minutes Page 2 3.3. Presentation, discussion, and possible action to approve the provision of services by Global Payments Direct, Inc. for Merchant Card and Credit Card Payment Processing Services by approving Renewal No. 1 and Amendment No. 2 for a total estimated annual expenditure amount of $240,000. 3.4. Presentation, discussion, and possible action regarding the approval of Tenant Based Rental Assistance (TBRA) Guidelines to assist College Station residents with rental assistance payments for College Station households affected by the disaster declarations due to COVID - 19. 3.5. Presentation, discussion, and possible action regarding the first renewal of an Annual Electric System Construction and Maintenance Labor Contract with Kasparian Underground, LLC dba H&B Contractors for a not to exceed amount of $750,000. 3.6. Presentation, discussion, and possible action regarding a Semi -Annual Report on System- Wide Impact Fees for Water, Wastewater, and Roadway. 3.7. Presentation, discussion, and possible action on the BVWACS annual operation & maintenance and capital budget. 3.8. Presentation, discussion, and possible action on a General Service Contract Amendment with Emergicon, LLC. 3.9. Presentation, discussion, and possible action regarding the lease of 3.1 acres including an approximately 28,949 square foot building at 2611 Texas Avenue South, formerly used as headquarters for the police department, to International American Education Federation, Inc., d/b/a International Leadership of Texas, a Texas Domestic Nonprofit Corporation, for an initial term of three years for the total amount of approximately $1,015,580. 3.10. Presentation, discussion, and possible action regarding Resolution No. 05-28-20-3.10 approving an advance funding agreement (AFA) in the amount of $35,525 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the intersection of FM 2347 and Dexter Drive. 3.11. Presentation, discussion, and possible action regarding Resolution No. 05-28-20-3.11 approving an advance funding agreement (AFA) in the amount of $323,345 between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT) for the city's contribution for certain signal improvements for the FM 2818 widening project. Mayor Mooney opened Citizens Comments. Rich Woodward, College Station, stated that flat rate impact fees are grossly unfair and economically inefficient; grandfathering of platted properties would have eliminated the short-term costs, but sent a message that the City will be moving to an appropriate sharing of the development burden in the future. RM052820 Minutes Page 3 There being no further comments, Citizens Comments was closed. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 4. REGULAR AGENDA 4.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4178 vacating and abandoning a 0.15 acre portion of the 20-foot Public Utility Easement, said portion lying along the northwest property line of Lot 1, of the Creekside Subdivision Phase 1 according to the plat recorded in Volume 14965, Page 276, of the Deed Records of Brazos County, Texas. Anthony Armstrong, Planning and Development, stated that this public utility abandonment is being requested by the applicant as a result of a change during the construction phase of the development. This originally platted easement is no longer needed, as the sewer line originally planned to run within this easement area has been constructed in a different location on the lot, and a Public Utility Easement is being placed over that location. The 0.15 acre public utility easement is located along William D. Fitch Parkway, northeast of the intersection of William D. Fitch Parkway and Williams Creek Drive. At approximately 8:12 p.m., Mayor Mooney opened the Public Hearing. Veronica Morgan, Mitchell & Morgan (Applicant), was unable to speak due to technical difficulties. There being no comments, the Public Hearing was closed at 8:14 p.m. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4178, vacating and abandoning a 0.15 acre portion of the 20-foot Public Utility Easement, said portion lying along the northwest property line of Lot 1, of the Creekside Subdivision Phase 1 according to the plat recorded in Volume 14965, Page 276, of the Deed Records of Brazos County, Texas. The motion carried unanimously. 4.2 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4179 vacating and abandoning a 2-foot wide portion of a Public Utility Easement lying along Lots 2B-2 & 2B-3, of the Horse Haven Estates Lot 2B-1, 2B-2 & 2B-3 Subdivision, according to the plat recorded in Volume 8341, Page 233, of the Official Records of Brazos County, Texas. Alma Guerra, Planning and Development, stated that this partial Public Utility Easement abandonment is proposed by the applicant to address site constraints recognized during redevelopment of the property. The 2-foot wide portion of the easement is no longer necessary as the remainder of the 20-foot Public Utility Easement is adequate to serve all existing public infrastructure. RM052820 Minutes Page 4 At approximately 8:16 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:16 p.m. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4179, vacating and abandoning a 2-foot wide portion of a Public Utility Easement lying along Lots 2B-2 & 2B-3, of the Horse Haven Estates Lot 2B-1, 2B-2 & 2B-3 Subdivision, according to the plat recorded in Volume 8341, Page 233, of the Official Records of Brazos County, Texas. The motion carried unanimously. 4.3 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4180 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 boundary from R Rural, O Office, and C-3 Light Commercial to GC General Commercial on approximately 15 acres of land located at 95 North Dowling Road B, 101 North Dowling Road A & B, 103 North Dowling Road, and 107 North Dowling Road. Rachel Lazo, Planning and Development, stated that the applicant has requested a rezoning for approximately 15 acres of land from R (Rural), O (Office), and C-3 (Light Commercial) to GC (General Commercial) designation. The subject property is adjacent to an existing multi-family development and surrounded by property also slated for dense urban-style development. This site does not have a high potential to be marketed as a rural/single-family residential development, as it is located along a major arterial and has limited access due to its proximity to a railroad right-of-way. Due to these characteristics, it has limited potential with an R zoning designation. The Planning & Zoning Commission heard this item at their May 7, 2020 Regular meeting where they voted 6-0 to recommend approval. Staff recommends approval of the rezoning. At approximately 8:21 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:21 p.m. 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 adopt Ordinance No. 2020-4180, 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 boundary from R Rural, O Office, and C-3 Light Commercial to GC General Commercial on approximately 15 acres of land located at 95 North Dowling Road B, 101 North Dowling Road A & B, 103 North Dowling Road, and 107 North Dowling Road. The motion carried unanimously. 4.4 Presentation, discussion, and possible action regarding Ordinance No. 2020-4181 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Jeff Capps, Interim City Manager, stated that on May 22, 2020, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster RM052820 Minutes Page 5 proclaimed by the Mayor on March 17, 2020 and April 21, 2020. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent and approve the Mayor's Disaster Declaration renewal. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4181, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. 4.5 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4182 adopting the standards of care for the City's Parks and Recreation Department's elementary age (5-13) Youth Recreational Program. David Schmitz, Director of Parks & Recreation, stated that the Department of Human Services and Department of Protective and Regulatory Services passed updated legislation specifically regarding the regulation of certain facilities, homes, and agencies that provide child-care services. According to Section 42.041, the services provided by the Parks and Recreation Department within the City of College Station meet all exemptions to this legislation. However, our compliance must be evidenced through an approved Standard of Care Ordinance. In conjunction with the Legal Department, Parks & Recreation staff have drafted the ordinance for adoption. At approximately 8:25 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:25 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4182, adopting the standards of care for the City's Parks and Recreation Department's elementary age (5-13) Youth Recreational Program. The motion carried unanimously. 4.6 Presentation, discussion, and possible action regarding Ordinance No. 2020-4183 regulating short-term rental units in College Station. Brian Piscacek, Assistant to City Manager, stated that staff presented a draft short term rental ordinance to Council during the Workshop portion of the City Council meeting on April 23, 2020. The draft ordinance proposed the regulation of short term rental units (STRs) and described how the City would permit and enforce STRs in College Station. The ordinance included elements to permit owner-occupied and non-owner-occupied STRs, mandated life safety inspections prior to permit issuance, instituted tenant information brochures for STR operations, required STR operators to collect and remit applicable hotel occupancy tax, and detailed a denial or revocation process for violations. At that meeting, staff received additional direction from Council to further examine the limits of non-owner-occupied STRs, address the presence of bed and breakfast facilities, and consider life safety inspections at more frequent intervals. Incorporating council direction, staff presented a revised ordinance which defines STRs into 3 categories and places restrictions in some zoning districts based on owner-occupancy. The ordinance also provided clarity on bed and breakfast facilities and establishes systematic life safety inspections. RM052820 Minutes Page 6 This version is also updated to reflect the inclusion of the definition of a bed and breakfast facility and additional language concerning the remittance of hotel occupancy tax. At approximately 8:48 p.m., Mayor Mooney opened Citizens Comments. David Higdon, College Station, came before council speaking for a group of citizens and stated that in April 2020, CSAN presented to City Council a list of twelve recommendations that they believe are essential to include in a Short Term Rental Ordinance to protect the residential neighborhoods. Overall, the second draft is a good representation of what CSAN believes is vital to protecting neighborhoods from the introduction of investor owned STRs in our General Suburban (GS), Restricted Suburban (RS) and Wellborn Restricted Suburban (WRS) districts. Mr. Higdon noted that in addition to the primary residence stipulation, his group believes that this ordinance could be greatly enhanced with at least these following amendments: 1) Add a definition of “primary residence’ that includes a direct reference to “sole declared homestead for tax purposes in the State of Texas.” 2) The application for a license must include a signed agreement by the property owner that he/she fully understands the requirements of the licensing agreement, that the property is his /her primary residence and that he/she assumes full legal responsibility for any violations of the ordinance on their property. 3) Notification of licensing to neighbors within 200 feet of the property is an important safety issue as it aligns with the city’s ongoing “Neighborhood Watch” public safety programs and allows impacted neighbors to be aware of the cause of unknown persons and vehicles in the area. 4) Additional detail is needed to more clearly define the steps of the violation enforcement process that can result in revocation or refusal to renew a STR license. Diana Wood, College Station, explained how she came to come to Southwood View and noted that citizens depend on the support of the city to protect neighborhoods. Mrs. Wood stressed that she does not want to live next door to a party house and ask Council to support and enforce a strong STR ordinance. Lori Brown, College Station, state that it seems that the City of College Station is either not aware or is ignoring the court’s opinions on this matter and is opening themselves up for unnecessary legal intervention. Ms. Brown, also expressed that as an educated planner, real estate broker, and STR owner and operator, she understands both sides of this issue. She believes it is the City’s job to protect all citizens and their guests and when laws do not exist that will enhance and/or further the purpose to protect, then they should create those laws. Karl Wolfshohl, College Station, stated that he agrees with David Higdon and Diana Wood. He also expressed the need strict regulations for STR’s and referenced an incident he called into Code Enforcement where he was not satisfied with the enforcement options. John Woods, College Station, stated that he wanted to thank the Council and Staff for all the work they have done but has concerns about the regulations not being strict enough and questions the city’s ability to enforce them. Mr. Woods also asked for clarification on the ordinances for this item. Peter Bastian, College Station, stated that he was President of the Amber Lake Homeowners’ Association and came to represent residents who want a high quality of life. He expressed his concerns with the lack of regulations on STR’s and the impact taking no action will have on the neighborhoods with the game day rentals. RM052820 Minutes Page 7 Rachel Smith, College Station, stated that Austin is not the city’s appellant court district, Waco is. Therefore we should not consider what Austin does. There being no further comments, Citizens Comments was closed at 9:28 p.m. MOTION: A motion was made by Councilmember Brick and seconded by Councilmember Crompton, to bring back a Draft Ordinance 2 and 3, regulating short-term rental units in College Station with Council direction from this meeting incorporated and grandfathering included. The motion and second were withdrawn. Council directed staff to review the feasibility of including grandfathering of the existing short term rentals and bring back two draft ordinances on STR’s with additional consideration given to tonight’s discussion. 5. Presentation, discussion, and possible action 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 Crompton requested a future agenda item evaluating the costs of installing and maintaining landscaping on City thoroughfares. 6. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 11:00 p.m. on Thursday, May 28, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary