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HomeMy WebLinkAbout03/11/2021 - Workshop Minutes - City Council MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION MARCH 11, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha 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 With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney via Teleconference at 3:30 p.m. on Thursday, March 11, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate, §551.074-Personnel, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 3:31 p.m. on March 11, 2021, in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas WKSHP031121 Minutes Page 1 B. Consultation with attorney to receive legal advice; to wit: Legal advice regarding electric utility and Winter Storm Uri. C. Deliberation on the purchase, exchange, lease, or value of real property; to wit: An approximately 19-acre tract of land along the north frontage road of Texas State Highway 6 south at its intersection with Corporate Parkway. D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager Council Self-Evaluation E wit: Power Supply Executive Session recessed at 5:11 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. Items 3.2, 3.6, 3.7, 3.8, 3.9, and 3.14 were pulled from Consent for clarification. (3.2): Mary Ellen Leonard, Finance Director, provided a brief overview of Rates and Charges in the updated fee resolution. Specifically, she addressed Garbage Container Cost in Division (4); the required state cost on the Ch. 28. Municipal Court of Record; and Chapter (6): Animals / Article I. In General Sec. 6-150(c). Rabbits - Permit requirements. (3.6): Councilmember Maloney made a statement regarding the new traffic signal at the intersection of Harvey Mitchell Parkway (FM 2818) and Dartmouth Drive. (3.7): Aubrey Nettles, Economic Development Manager, explained that this property located within the boundaries of the Interlocal Agreement, the District will develop and dedicate parks to the City through the standard development dedication process. Additionally, the District will maintain and program parks and related facilities. Mrs. Nettles also stated that the District agrees at its sole cost and expense to perform the day-to-day operation and maintenance of the park and park facilities and to perform ordinary repairs and maintenance. The District has the right to receive all revenue collected from District programmed activities held within these park and park facilities. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Harvell the City Council voted seven (7) for and none (0) opposed, to postpone Consent Item 3.7 from the vote of the Consent Items. The motion carried unanimously. (3.8): Aubrey Nettles, Economic Development Manager, explained that this item is a clean-up item that will enable the Rock Prairie Management District No. 2 to utilize any available revenue source to construct, maintain, and finance parks and recreational facilities and improvements as permitted under Chapter 3909 of the Special District Local Laws Code and Chapter 375, Texas Local Government Code. WKSHP031121 Minutes Page 2 (3.9): Aubrey Nettles, Economic Development Manager, stated that College Station Downtown Residential, LLC, has filed a petition requesting consent to the annexation of 33.342 acres of land into Rock Prairie Management District No. 2. Pursuant to Sect. 3909.110 and 3909.111 Texas Special District Laws Code and Subchapter J, Chapter 49 Texas Water Code, the District must obtain City approval for the annexation of land and subsequent issuance of bond indebtedness; therefore, the District has come to the City for consent. (3.14): Jeff Capps, Interim City Manager, explained that on March 2, 2021, Texas Governor Greg Abbott issued Executive Order GA-34, which provided that while individuals are strongly encouraged to wear face coverings over the nose and mouth wherever it is not feasible to maintain six feet of social distancing from another person not in the same household, no person may be required by any jurisdiction to wear or to mandate the wearing of a face covering. This goes into effect at 12:01 a.m. on March 10, 2021. In order to not be in conflict with GA-34, staff recommends that Council repeal Ordinance No. 2020-4197. 5. Workshop Agenda 5.1 Presentation, discussion, and possible action on the public input gathered on the proposed Restricted Occupancy Overlay ordinance. Alyssa Halle-Schramm, Planning and Development, stated that City Council requested that City staff draft a Restricted Occupancy Overlay (ROO) ordinance and associated handbook that would allow single-family property owners the option to request an overlay zoning restricting occupancy to no more than two unrelated persons in their subdivision. The Council asked for a process that -Neighborhood Conservation zoning district as a base. Ms. Halle- Schramm explained that staff conducted research, drafted an ordinance and handbook, and presented these during workshop sessions of the Planning & Zoning Commission on June 18, 2020, and City Council on June 25, 2020. The Council requested additional public input on a few key items so that everyone impacted and particularly neighborhoods, the real estate and development community, and university students could provide meaningful input. Staff began that In response to citizen concern and Council direction, staff paused the ROO public input process and overhauled the definitions to address their restrictive nature and modernize them in accordance wi definition in place, staff launched the ROO public input process. Staff hosted three public input meetings that were specifically tailored to the aforementioned groups, including February 8 for the real estate and development community, February 22 for university students, and February 23 for neighborhood organizations. Staff also hosted an online poll from February 9 through 26. At approximately 6:23 p.m., Mayor Mooney opened for Citizens Comments. Jeff Leatherwood, College Station, came before Council representing a group to express that they are not in support of the proposed ROO and how disappointed they are that this matter is before council again. Mr. Leatherwood stated that the ROO is not in the best interest of the community and its supporters are misrepresenting facts to gain support. He stated that passing this ROO would WKSHP031121 Minutes Page 3 take rights away from current and future property owners and still fail to make property more affordable or address concerns surrounding student housing. Donald Deere, College Station, came before Council representing a group to express their concerns on a potential ROO which could remove existing rights and harm the financial interests of owners in the process. If an ordinance was put into effect it should follow the structure and not the owner, thus allowing grandfathering until the structure was substantially changed. He believes the structure determines the use and largely helps determine the character of the neighborhood. Fred Dupriest, College Station, came before Council representing a group to express support for the proposed ROO and particularly the 50% +1 option for implementation. He stated that at higher thresholds it becomes very difficult for the protections of a potential ROO to be enacted and by his estimations only 15-18% of the 560 subdivisions are likely to obtain protection. Also, he believes rentals in neighborhoods harm homeowners by artificially raising home prices and taxes, and has a disproportionate effect on lower income home owners. Charles Coats, College Station, stated that he is not in support of the ROO. He works with Habitat of Humanity and believes that there should be an exception for owner occupied rentals. Sherry Frisk, College Station, stated that she has been a longtime resident who believes that to preserve neighborhoods and history the ROO could help with those. David Higdon, College Station, stated that he has lived in 7 cities in the last 40 years and he has seen bad communities and good communities. He believes that to protect neighborhoods the proposed ROO should be moved forward. Robert McGeachin, College Station, stated he is a former student who lived in a rental home and eventually bought into the city. He believes that the nature of home rental has changed over time and the ROO could help restore or preserve neighborhoods. Diana Wood, College Station, stated that she is in support of the ROO as it helps protect communities and prevents the home from being turned into a rent generating business. Andra Wisian, College Station, stated that she owns a home which she bought for her children to attend college but now rents it. She believes the ROO is unnecessary and intrusive on individuals and property owners rights. Richard Woodward, College Station, stated that he supports the ROO and adopting this proposed ordinance will have minimal negative impact on rental property values. Kathleen Harrison, College Station, stated that she is not in support of the ROO. She explained that she bought a home for her college student and this will not achieve its goal of protecting neighborhoods if adopted. Patricia McDermott, College Station, explained that she has lived in College Station since 1976 but has been in Southside since 1999. Southside is now 75% student population and she is requesting that council help by enacting a ROO as tool for neighborhoods. Aundrea Ellis, College Station, came before council in support of the proposed ROO as she believes it would bring integrity back to a peaceful neighborhood and to remove the havoc that the rental properties have caused. WKSHP031121 Minutes Page 4 Linda Lee, College Station, stated that she is in support of the proposed ROO and explained that while she has been waiting on her home to be built, she is living in a rental home. She stated that many of the rental homes around her have been a problem with noise, traffic, safety of children and the amount of trash. Elianor Vessali, College Station, stated that she does not support the ROO and the rent-by-the- room model forwarded by many supporters has been overstated in its use. This ordinance is based on false logic and a desire to impose special interest group standards on property owners. Margrit Moores, College Station, stated that a ROO will help stop the cancer that is eating away at local family neighborhoods. She also stated if you do not live in this situation every day you cannot understand what families are going through with the commercial rent model in neighborhoods. Virgia Thomas, College Station, stated that she is in support of the proposed ROO and suggested that investors come and live in her neighborhood for a while and see what is happening. Ms. Thomas explained that because of the traffic, noise, trash, drugs, and the overcrowding her elderly mother and mother in law cannot even walk down the sidewalks. There being no comments, the Citizens Comments was closed at 7:49 p.m. A majority of Council directed staff to bring this item back as a regular agenda item at a special Council meeting and include a draft ordinance incorporating the required petition percentage of property owners in support of the ROO at 50% plus 1 and include a legacy clause regarding substantial structural alterations, demolition, and lots divided. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan- College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.) Councilmember Nichols reported on BVSWMA. WKSHP031121 Minutes Page 5 8. Adjournment There being no further business, Mayor Mooney adjourned the Workshop of the College Station City Council at 9:12 p.m. on Thursday, March 11, 2021. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary WKSHP031121 Minutes Page 6