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HomeMy WebLinkAbout02/24/2011 - Regular Minutes City CouncilMINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION FEBRUARY 24, 2011 STATE OF TEXAS COUNTY OF BRAZOS Present: Nancy Bent' Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles Jana McMillan Dave Ruesink Citv Staff: David Neeley, City Manager Kathy Merrill, Assistant City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Ouorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 7:26 p.m. on Thursday, February 24, 2011 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Pledee of Alleeiance. Invocation. consider absence renuest. • Citizen Comments Jim Maness, 1733 Arrington Road, stated that the Brazos Valley is growing rapidly. He suggested, since there is currently a large distrust of government nationwide, that consideration be given to single-member districts, with one at-large. He also recommends that Councihnembers be paid for their service. This may be an incentive for those that wish to run, but cannot really afford to do so. Regarding the City Charter, he recommends that Article X, RM022411 Minutes Page 1 Section 84 be changed to allow for a more reasonable number of days than just 20 days. It is very difficult to gather the requisite number of signatures in such a short period of time. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for Februarv 8. 2011 COCS & CSISD Joint Meeting and Februarv 10. 2011 Workshop and Regular Council Meeting. 2b. Presentation. possible action. and discussion on Ordinance 2011-3318, providing for the creation of a Citizens' Charter Review Advisorv Commission. Droviding for seven (7) members. determining the term of office. Droviding for their duties and method of aspointment. 2e. Presentation. nossible action. and discussion on Ordinance 2011-3319. nrovidinu_ for the creation of a Sunset Advisory Commission. providing for seven (7) members. determining the term of office. providing for their duties. and method of appointment. 2d. Presentation, nossible action, and discussion regarding renewal of an Agreement for Services with the Brazos Vallev Softball Umnires Association to provide officiating services for Citv athletic leagues. programs and tournaments (Contract Number 09-085) in an amount not to exceed $183.900.00 Der year. 2e. Presentation, possible action, and discussion regarding approval of an Interlocal Agreement between the Citv of College Station and BVSWMA Inc. detailing Citv of College Station soonsorshin of BVSWMA. Inc. as an Associate Member of the Brazos Vallev Wide Area Communications Service (BVWACS). 2f. Presentation. nossible action. and discussion regarding Resolution 02-24-11-2f. aDDroving an economic development agreement between the Citv of College Station and GEG Productions. LLC. for the Presenting Title SDonsorshin of the annual Duck Jam event. 2g. Presentation. nossible action. and discussion on Resolution 02-24-11-2g. anoroving an Advance Funding Agreement (ALFA) for the Citv of College Station's narticination in the costs of the Mavdav Challenge, a bike race organized by Junction 505. 2h. Presentation. possible action and discussion on a contract amendment and renewal for vear 2 to Drovide ambulance billing services with Emergicon in an amount not to exceed $85.000. 2i. Presentation. nossible action. and discussion regarding anDroval of "Resolution 02-24- 11-2i. Declaring Intention to Reimburse Certain ExDenditures with Proceeds from Debt" for expenditures related to Droiects authorized as part of the 2008 General Obligation Bond (GOB)package. RM022411 Minutes Page 2 2j. Presentation. Dossible action, and discussion regarding Ordinance 2011-3320. amending the Citv's Fair Housin¢ Ordinance. 2k. Presentation. Dossible action, and discussion regarding Resolution 02-24-I1-2k. approving the reimbursement of costs to the Texas Department of Transnortation (I'XDOT) for the BS 6 (Texas Avenue) Droiect and the FM2154 (Wellborn Widening) proiect. Reimbursement costs are $99.246.51 on the BS 6 (Texas Avenuel Droiect and $235.391.37 on the FM2154 (Wellborn Widening) Droiect. The reimbursement reauest from TXDOT totals $334.637.88. 21. Presentation. Dossible action and discussion regarding the aDDroval of Resolution 02-24- 11-21. acceDting from the Texas Division of Emergencv Management (TDEM) the 2008 Homeland Securitv Grant Adiustment Notice (GAN). 2m. Presentation. Dossible action and discussion regarding the anDroval of Resolution 02- 24-11-2m, to Darticipate in a Clinical Affiliation Agreement with the Texas Engineering Extension Service (TEEX) for the Emergencv Medical Services Program. Items 2b, 2c, 2f, 2g, and 2i were pulled from the Consent Agenda. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Lyles, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less items 2b, 2c, 2f, 2g, and 2i. The motion carried unanimously. (2b)MOTION: Upon a motion made by Councilmember Fields and a second by Mayor Berry, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011-3318, providing for the creation of a Citizens' Charter Review Advisory Commission, and amended to provide for up to eleven (11) members. The motion carried unanimously. (2c)MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Lyles, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011-3319, providing for the creation of a Sunset Advisory Commission, providing for seven (7) members, determining the term of office, providing for their duties, and method of appointment, and amending to add "or the general laws of this state" in Section 3(d)(2). The motion carried unanimously. (2f)MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Fields, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields opposed, to approve Resolution 02-24-11-2f, adopting an economic development agreement between the City of College Station and GEG Productions, LLC. for the Presenting Title Sponsorship of the annual Duck Jam event. The motion carried. (2g)MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted five (5) for and two (2) opposed, with Councilmembers Fields and McMillan voting against, to adopt Resolution 02-24-11-2g, approving an Advance Funding Agreement (AFA) for the City of College Station's participation RM022411 Minutes Page 3 in the costs of the Mayday Challenge, a bike race organized by Junction 505, changing the name to "City of College Station Presents the Junction 505 Mayday Challenge". The motion carried. (2i)MOTION: Upon a motion made by Councilmember Fields and a second by Mayor Berry, the City Council voted seven (7) for and none (0) opposed, to consider each item separately in Resolution 02-24-11-2i, declaring the intention to reimburse certain expenditures with proceeds from debt for expenditures related to projects authorized as part of the 2008 General Obligation Bond (GOB) package. The motion carried unanimously. • Upon a motion made and seconded, the Council voted three (3) for and four (4) opposed, with Mayor Berry and Councihnembers Fields, Lyles and McMillan voting against, to approve the East District Replacement. The motion failed. • Upon a motion made and seconded, the Council voted three (3) for and four (4) opposed, with Mayor Berry and Councilmembers Fields, Lyles and McMillan voting against, to approve the Lick Creek Nature Center. The motion failed. • Upon a motion made and seconded, the Council voted six (6) for and one (1) opposed, with Councilmember Lyles voting against, to approve the Neighborhood Parks Improvements. The motion carried. • Upon a motion made and seconded, the Council voted five (5) for and two (2) opposed, with Councilmembers Lyles and McMillan voting against, to approve the Neighborhood Park Revolving Fund. The motion carried. • Upon a motion made and seconded, the Council voted five (5) for and two (2) opposed, with Councilmembers Lyles and McMillan voting against, to approve the Lick Creek Hike and Bike Trail. The motion carried. • Upon a motion made and seconded, the Council voted seven (7) and none (0) opposed, to approve Barron Road East/Lakeway. The motion carried unanimously. • Upon a motion made and seconded, the Council voted seven (7) and none (0) opposed, to approve Traffic Signals. The motion carried unanimously. REGULAR AGENDA 1. Public Hearine. presentation. possible action and discussion reeardine Ordinance 2011- 3321. Rezonine for 1280 Harvev Mitchell Parkwav of 6.21 acres from R-1 Simde-Familv Residential to C-1 General Commercial and R-4 Multi-Familv Residential, eenerally located at the intersection of Luther Street and Harvev Mitchell Parkwav. At approximately 8:06 p.m. Mayor Berry opened the Public Hearing. Fred Bayliss, 7610 Pine Ridge, reported that he has helped previous clients to make this R-4. The benefits are they have gotten R-4 further away from the chickens and will have a nice buffer zone with a ravine. A&M owns a strip of land that is grown up, and they are working to have that as a landscape buffer. He does not agree with having a deceleration lane. He believes a right-in, right-out only makes people go a little fiirther before making a left, creating more danger to the public. RM022411 Minutes Page 4 Joe Schultz, 3208 Innsbruck, noted the other project currently under construction. They have to take care of someone else's problem when they are asked to do something to that driveway already under construction. Seth McKinney, 2403 Crown Court, stated his opposition to some of the recommendations by Planning and Zoning. These were not staff recommendations, and do not coordinate with the TIA. They are requiring a right-in, right-out turn. They are also requiring a deceleration zone at the second access point, which is a joint access. There being no further comments, the Public Hearing was closed at 8:27 p.m. MOTION: Upon a motion made by Councilmember Fields and a second by Mayor Berry, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2011-3321, rezoning 1280 Harvey Mitchell Parkway of 6.21 acres from R-1 Single-Family Residential to C-1 General Commercial and R-4 Multi-Family Residential, generally located at the intersection of Luther Street and Harvey Mitchell Parkway, with the exclusion of the eastern most deceleration lane and the right-in, right-out requirement at the primary point of access. The motion carried unanimously. 2. Public Hearin, presentation, possible action and discussion on the Annual Review of the Bicvcle. Pedestrian and Greenwavs Master Plan. At approximately 9:00 p.m., Mayor Berry opened the Public Hearing. Greg Stiles, 4702 Stonebriar, stated that making biking and walking safer, more convenient and more appealing is a boost to the local economy and saves our citizens money. It addresses issues such as obesity, energy consumption, and road congestion. Bike and walk programs are a hallmarks to a smaller, more efficient government. Biking and walking account for 12% of generated trips, but cost less than 1.5% of our transportation spending. These provide both physical and fiscal benefits to the residents. He applauds the Council for supporting the advancement of these programs. Robert Rose, 3201 Walnut Creek Court, Bryan, Texas, stated he would like to see a grant writer brought in to assist with grant applications. These grants come up through TXDOT every two - three years, and they could help with the process. We have been under-aggressive in applying for grants that will help fund these projects. There being no further comments, the Public Hearing was closed at 9:05 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Ruesink, the City Council voted seven (7) for and none (0) opposed, to accept the Annual Review of the Bicycle, Pedestrian and Greenways Master Plan. The motion carried unanimously. RM022411 Minutes Page 5 3. Public Hearing, nresentation. nossible action. and discussion regarding an amendment to the Unified Develonment Ordinance. Section 11.2 "Definitions" related to Mobile Food Vendors. 4. Public Hearing. presentation. possible action. and discussion regarding an amendment to the Code of Ordinances. Chanter 4 "Business Regulations." related to Mobile Food Vendors and Itinerant Vendors. These two items were discussed together. At approximately 9:35 p.m. Mayor Bent' opened the Public Hearing. Robert Rose, 505 University Drive, stated this proposal is a restaurant killing proposal. It does potentially add an element of novelty to the area, but he does have long term concerns. There are already three vacancies in Northgate. This will not help those buildings to obtain tenants. Why should someone rent a building when they can have a mobile service? He sees more vacancies in the long term. Why not just work football weekends and not work when students aren't here? There are potential conflicts such as what happened with a vendor that parked behind Freebirds. As established now, a mobile vendor can sit behind Freebirds and still be 100' from the door, and that applies to several restaurants in that row. There are unintended consequences in terms of potential conflicts and increased code enforcement liabilities. The Council needs to act very carefully and consider the long term effects. Tai Lee, 3707 Marielene Circle, commended the city staff for amending an outdated code that does not allow mobile vendors. He is a brick and mortar owner and a mobile vendor as well. He thinks they can coexist. The concerns expressed may be driven by fear mongers. There are inherent differences in mobile food and a sit down place. A fixed restaurant offers more comfort, and they charge more because of high rent. With a food truck, people have to stand. He doesn't want to jeopardize the health of the public, and these should be inspected. When a business operator is willing to set a high standard, then the city should allow the business to operate. These businesses create a synergy. He is one of eight establishments in close proximity, and they are all doing very well due to a cluster effect. Chris Scotti, 7701 Gettysburg, Executive Director of the Northgate District Association, stated their support of the ordinance. The thirty members are restaurants, bars, retail, and service industries. Many of the things they requested are incorporated in this ordinance. They would like to see three things changed: (1) permission from nearby restaurants should not be required when operating on private property; (2) lower fees and bond requirements; and (3) they oppose the after 2 a.m. restriction. Police say there is a safety issue, but that is when people are hungry. This is an indicator of a bigger problem when the city is saying new business cannot be afforded this opportunity because there is not enough staff to provide the policing. Tammy Hackney, 2112 Wayside, Bryan, Texas, confirmed the association's overall support for an ordinance that provides a legal way for food vendors to operate in the area. These add fun and separate Northgate apart from other areas of College Station. She feels it is an unfounded RM022411 Minutes Page 6 concern that requires permission from nearby restaurants. If a vendor is operating on private property with permission, they should not have to get permission from the neighbors. Bobby Grabowski, 1404 Lawyer, provided written comments, attached. Peter Madden, 5215 Ballybunion, said he doesn't know of any restaurants that have closed when food trucks have parked close to them. Restaurants in restaurant rows do much better than stand alone restaurants. The food truck concept is available to any restaurant, and anyone is welcome to join the race. A food truck is a supplement to a brick and mortar restaurant. Food trucks can't operate 365 days due to weather, and some people don't want to stand while they eat. As long as he is operating a brick and mortar restaurant in terms of quality of food and services, then he doesn't have to worry about competition. J.B. Dott, 8700 Redwood, provided written comments, attached. Diego Mendez, 1210 Antone, said he has been conducting a mobile unit for seventeen years in the Brazos Valley. This is a great way to start a business and is an economic contribution to the area. If mobile units are certified by the Brazos County, then health and environmental safety issues are addressed. If someone has a better product, then that is how business is. Heather Taylor, CR 316, Caldwell, Texas, reported she is looking to purchase a truck and is happy to possibly serving the College Station area. She asked the Council to please consider this favorably. There being no further comments, the Public Hearing was closed at 9:57 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to adopt the following: • Ordinance 2011-3322, amending the Unified Development Ordinance, Section 11.2 "Definitions" related to Mobile Food Vendors. • Ordinance 2011-3323, amending the Code of Ordinances, Chapter 4 "Business Regulations," by adding Section 20 Mobile Food Vendors. • Ordinance 2011-3324, amending the Code of Ordinances, Chapter 4 "Business Regulations," Section 10 Solicitors, Charitable Solicitors, Itinerant Vendors, Handbill Distributors. The motion carried unanimously. Council will look at this again in six months. 5. Presentation. Dossible action and discussion on a Durchase agreement and use agreement between the Citv of College Station and the Arts Council of Brazos Vallev for the Arts Council Building located at 2275 Dartmouth Drive. RM022411 Minutes Page 7 MOTION: Upon a motion made by Councilmember Maloney and a second by Councihnember Lyles, the City Council voted five (5) for and two (2) opposed, with Councilmembers Fields and McMillan voting against, to approve the purchase agreement and use agreement between the City of College Station and the Arts Council of Brazos Valley for the Arts Council Building located at 2275 Dartmouth Drive. The motion carried. 6. Presentation, possible action and discussion on two (2) operations and maintenance funding agreements between the Citv of College Station and the Arts Council of Brazos Vallev for the last 8 months of FY11 (February 1. 2011 - Sentember 30. 2011) totaling $78.058.34. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Lyles, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve two (2) operations and maintenance funding agreements between the City of College Station and the Arts Council of Brazos Valley for the last 8 months of FYI I (February 1, 2011- September 30, 2011) totaling $78,058.34. The motion carried. 7. Presentation, possible action. and discussion on appointments to fill vacancies on the following committees and boards: • BVSWMA Poliev Advisorv Board • Librarv Board Stephen Beachy was appointed to the BVSWMA Policy Advisory Board. Robert McGeachin was appointed to the Library Board. 8. Adiournment. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Lyles, the City Council voted seven (7) for and none (0) opposed, to adjourn the Regular Meeting of the City Council at 10:43 p.m. on Thursday, February 24, 2011. The motion carried unanimously. Nany Ber H, Mayo~~ cV ATTEST: Sherry Madiburn, City Secretary RM022411 Minutes Page 8 % "