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HomeMy WebLinkAbout04/28/2011 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION APRIL 28, 2011 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry Council: John Crompton Jess Fields Dennis Maloney Katy-Marie Lyles, absent Jana McMillan Dave Ruesink City 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 Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Nancy Berry at 7:04 p.m. on Thursday, April 28, 2011 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77842. 1. Pledge of Allegiance, Invocation, consider absence request. Mayor Berry recognized Kerry Maxwell for his award as Water Operator of the Year; and presented proclamations for National Bike Month and Patrick Reilly for his donation of the Vietnam War maquette. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Ruesink, the City Council voted six (6) for and none (0) opposed, to approve the absence request of Katy-Marie Lyles. The motion carried unanimously. RM042811 Minutes Page 1 • Citizen Comments There were no citizen comments. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for April 14, 2011 Workshop and Regular Council Meeting. 2b. Presentation, possible action, and discussion regarding the renewal of Bid 10-44 with Brazos Site Works for crushed stone in an amount not to exceed $162,919. The renewal includes an 8% increase, the maximum increase allowed by the contract. 2e. Presentation, possible action, and discussion regarding the approval of Bid 10-55 and the award of an annual price agreement for the installation of micro-surfacing to Viking Construction, Inc. in an amount not to exceed $310,000. 2d. Presentation, possible action, and discussion on a Construction Contract with Kieschnick General Contractors, in the amount of $139,787.50, for the construction of the Barron Road Water Services Proiect. 2e. Presentation, possible action, and discussion for Oversize Participation (OP) for a water line improvement in the Castlegate II Subdivision, Section 200 being made per City Code of Ordinances, Chapter 12, Unified Development Ordinance, Article 8, Subdivision Design and Improvements, Section 8.5, Responsibility for Payment for Installation Costs, Oversized Participation for a total requested City participation of $29,730.00. 2f. Presentation, possible action, and discussion regarding approval of a "Resolution Declaring 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, specifically the Lick Creek Nature Center and East District Maintenance Shop. 2g. Presentation, possible action, and discussion regarding the authorization of the City Manager to accept an Engagement Letter from the law firm of Nichols, Jackson,Dillard, Hager & Smith to represent the Cities of College Station and Bryan in regards to the Joint Research- Valley BioCorridor Development Proiect; and consideration of a General Fund Contingency transfer in the amount of $16,000.00. 2h. Presentation, possible action, and discussion regarding the approval of the water meter purchase contract with Aqua-Metric Sales Company for the amount of $63,024.00. 2i. Presentation, possible action, and discussion regarding approval of a supplement to the original contract with EnRoute Public Safety, purchasing services to upgrade the RadiolP software for the Public Safety Systems for an amount not to exceed $10,950. RM042811 Minutes Page 2 Items 2e and 2f were pulled from the Consent Agenda. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Ruesink, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda, less items 2e and 2f. The motion carried unanimously. (2e)MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted four (4) for and two (2) opposed, with Councilmembers Fields and McMillan voting against, to approve the Oversize Participation (OP) for a water line improvement in the Castlegate II Subdivision, Section 200 being made per City Code of Ordinances, Chapter 12, Unified Development Ordinance, Article 8, Subdivision Design and Improvements, Section 8.5, Responsibility for Payment for Installation Costs, Oversized Participation for a total requested City participation of $29,730.00. The motion carried. (2f)MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted five (5) for and one (1) opposed, with Councilmember McMillan voting against, to adopt a Resolution Declaring 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, specifically the Lick Creek Nature Center and East District Maintenance Shop. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion on an ordinance Budget Amendment #2 amending ordinance number 3290 which will amend the budget for the 2010-2011 Fiscal Year in the amount of $1,600,000. At approximately 7:18 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:18 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Fields, the City Council voted six (6) for and none (0) opposed, to adopt an ordinance Budget Amendment #2 amending ordinance number 3290 which will amend the budget for the 2010- 2011 Fiscal Year in the amount of $1,600,000. The motion carried unanimously. 2. Public Hearing, presentation, possible action and discussion of an ordinance amending Chapter 10 "Traffic Code", to remove parking along the east side of Longmire Drive between FM 2818 and Valley View Drive and on Valley View Drive west of the Long-mire intersection. At approximately 7:26 p.m. Mayor Berry opened the Public Hearing. Anne Hazen, 1309 Wilshire, came to plead for the safety of bicyclists. Removing this bike lane on Longmire will negatively impact that safety. RM042811 Minutes Page 3 There being no further comments, the Public Hearing was closed at 7:27 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted five (5) for and one (1) opposed, with Councilmember McMillan voting against, to adopt an ordinance amending Chapter 10 "Traffic Code", to remove parking along the east side of Longmire Drive between FM 2818 and Valley View Drive and on Valley View Drive west of the Longmire intersection. The motion carried. 3. Public Hearing, presentation, possible action, and discussion regarding the possible implementation of "system capacity" impact fees for Water and Wastewater. At approximately 7:43 p.m. Mayor Berry opened the Public Hearing. Steve Arden, 311 Celia Loop, began the presentation entitled "Impact Fees: The Invisible City Tax". The area median family income is $56,100. In 2010, 62% of homes constructed in College Station are less than 2,000 square feet and cost less than $200,000. This indicates we are a good solid community, but not a lot of rich people or poor people. In the last five years, building permits have decreased 10% per year. This is not the time to look at added costs. Paul Turney, 4001 E. 291h Street, with Brazos Family Affordable Housing, asked how many families can afford a home in the range of $130,000 - $140,000. This is the lowest price in new construction. It takes about 2.5 times the annual income to qualify, so a family earning $45,000 - $50,000 could afford a home. Six out of ten area households cannot qualify to buy a new home. For every $1,000 increase in the price of a house, there are 200 families that cannot afford a home. Blake Cathey, 511 Sycamore Hill, presented the most repeated myths about impact fees. These are all false: • No homeowners will be prevented from buying a new home because of impact fees. • Developers and home builders will reduce their profit margin in order to sell new homes. • The student population distorts the home availability data. • The landowner absorbs the cost of impact fees by reducing the price of his land. • Approving impact fees at zero valuation is an acceptable solution for everyone. • New construction doesn't pay for itself. Dickson Clements, 230 Southwest Parkway East, reported on three studies that looked at how impact fees affect housing markets. In one study, the price of an average new home in Dunedin increased 3.3 to 4.7 times over those in three other cities. Furthermore, the price of existing homes in Dunedin increased about $1.60 for every $ 1.00 in impact fees. New home prices increased by $3,800 (3:1 ratio). The average sales price of existing homes rose by $6,000. The rate of growth countywide was higher than cities that implemented impact fees. They increase the cost of housing and reduce the rate of single-family housing development. If other communities are eliminating impact fees, then why is College Station considering them? This is a regressive form of taxation,. RM042811 Minutes Page 4 Buck Prewitt, 2302 Scotney Court, reported on his real life experience with impact fees. Building the same identical home in different markets, impact fees increased the cost of the home. Impact fees are a definite factor that will eliminate construction in College Station. If we implement impact fees, we will be in competition with Bryan, Navasota, and Caldwell. It will cost the builder a lot more, driving up the price of the house, and new owner will make the drive to save $10,000. He doesn't think Council has all the facts and urged them to vote no. Sherry Ellison, 2705 Brookway, spoke in support of implementing impact fees. New development that requires new lift stations, etc. need to pay a large part. The economy is slower than before. Staff is proposing that citizens that already live in College Station should not bear the full cost of infrastructure that is not for their use. Tony Jones, 6022 Augusta Circle, impact fees are not the way to go. Not all of the problems are because of new growth. The projected $90 million cost works out to $1,000 per person, and it is not fair to impact people in that area. If we stop the growth, then existing taxpayers are going to have to pay the cost. He encouraged Council to find some way to have existing customers pay some and new development pay some. There being no further comments, the Public Hearing was closed at 8:05 p.m. MOTION: Upon a motion made by Councilmember McMillan and a second by Councilmember Ruesink, the City Council voted four (4) for and two (2) opposed, with Councilmembers Crompton and Maloney voting against, to terminate the possible implementation of "system capacity" impact fees for Water and Wastewater, and retaining the five impact lines we currently have. The motion carried. 4. Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 1.70 acres located at 100 Graham Road near the intersection of Graham Road and F.M. 2154 from M-1 Light Industrial to C-3 Light Commercial. At approximately 9:13 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:13 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Ruesink, the City Council voted six (6) for and none (0) opposed, to approve an amendment to Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 1.70 acres located at 100 Graham Road near the intersection of Graham Road and F.M. 2154 from M-1 Light Industrial to C-3 Light Commercial. The motion carried unanimously. 5. Public Hearing, presentation, possible action and discussion regarding a Rezoning for 3180 Cain Road of 19.575 acres from A-O Agricultural Open to C-1 General Commercial, RM042811 Minutes Page 5 R-3 Townhouse and R-4 Multi-Family located at 3180 Cain Road and more generally located west of the intersection of Old Wellborn Road and Cain Road. At approximately 9:23 p.m. Mayor Berry opened the Public Hearing. Paul Schultz, 5704 Travis Green, applicant, the land is currently being used for fourplexes built prior to annexation and was annexed with the substandard road. Planning and Zoning said he could do whatever he wanted if he took care of the road. He went into PDD negotiations and realized he was still required to pay for whole road. Build out of the property totals one hundred townhomes. The cost of the road is estimated at $1.3 million, at $13,000 per lot. He thinks bearing the entire cost of the road is excessive. He is agreeable to paying his pro rata share of their frontage, which is 65% of one side. He would be glad to discuss a PDD and requested direction from the Council. Joe Schultz, 3280 Innsbrook Circle, engineering consultant, reported he was here to answer any questions. This development will not contribute to the existing drainage problem. There being no further comments, the Public Hearing was closed at 9:39 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Fields, the City Council voted six (6) for and none (0) opposed, to deny a Rezoning for 3180 Cain Road of 19.575 acres from A-O Agricultural Open to C-1 General Commercial, R-3 Townhouse and R-4 Multi-Family located at 3180 Cain Road and more generally located west of the intersection of Old Wellborn Road and Cain Road, with a recommendation to come back as a PDD with significant input from staff. The motion carried unanimously. 6. Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 37.12 acres located at 3210 Rock Prairie Road, from PDD Planned Development District to PDD Planned Development District to modify standards for the development of a hospital and clinic. At approximately 9:46 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:46 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted six (6) for and none (0) opposed, to approve an amendment to Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 37.12 acres located at 3210 Rock Prairie Road, from PDD Planned Development District to PDD Planned Development District to modify standards for the development of a hospital and clinic, amending to add natural vegetation in addition to the ten foot screening. The motion carried unanimously. RM042811 Minutes Page 6 7. Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12, "Unified Development Ordinance", Section 4 .2, "Official Zoning Mad" of the Code of Ordinances of the City of College Station Texas by rezoning 2.2257 acres located at 1400, 1402, 1404, 1406, 1408, 1410, 1500, 1502, & 1504 Airline Drive from C-1 General Commercial and R-6 High Density Multi-Family to R-6 High Density Multi-Family. At approximately 9:49 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:49 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Fields, the City Council voted six (6) for and none (0) opposed, to approve an amendment to Chapter 12, "Unified Development Ordinance", Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning 2.2257 acres located at 1400, 1402, 1404, 1406, 1408, 1410, 1500, 1502, & 1504 Airline Drive from C-1 General Commercial and R-6 High Density Multi-Family to R-6 High Density Multi-Family. The motion carried unanimously. 8. Public Hearing, presentation, possible action, and discussion regarding an amendment to Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Mad" of the Code of Ordinances of the City of College Station, Texas by rezoning Lot 1, Block 1 of the Rock Prairie Marketplace Subdivision, being 9.014 acres located at 2000 Rock Prairie Road, from C-1 General Commercial to PDD Planned Development District. At approximately 9:08 p.m. Mayor Berry opened the Public Hearing. Brock Bailey, 1445 Ross, Suite 3800, Dallas, Texas, attorney for the applicant, came forward to answer any questions. Burdette Huffinan, 2600 Citadel Plaza, Suite 125, Houston, Texas, applicant, stated he was available for questions. Anne Hazen, 1309 Wilshire, expressed concern regarding the traffic impact study. The development needs to occur within a certain amount of time or a new study should be done. The bridge is not wide enough. There being no further comments, the Public Hearing was closed at 9:10 p.m. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve an amendment to Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map" of the Code of Ordinances of the City of College Station, Texas by rezoning Lot 1, Block 1 of the Rock Prairie Marketplace Subdivision, being 9.014 acres located at 2000 Rock Prairie Road, from C-1 General Commercial to PDD Planned Development District. The motion carried unanimously. RM042811 Minutes Page 7 9. Public Hearing, presentation, possible action and discussion on an ordinance amendment to Chapter 12 "Unified Development Ordinance," Section 5 8 A(2) "Corridor Overlay District, Sims" specifically related to sign requirements. At approximately 9:53 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:53 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Ruesink, the City Council voted five (5) for and none (0) opposed, with Councilmember Fields abstaining, to adopt an ordinance amendment to Chapter 12 "Unified Development Ordinance," Section 5.8.A(2) "Corridor Overlay District, Signs" specifically related to sign requirements. The motion carried. 10. Public Hearing, presentation, possible action, and discussion on an ordinance amendment to Chapter 12 "Unified Development Ordinance," Section 7.9.13.2 "Building Mass and Design," of the Collep-e Station Code of Ordinances, specifically related to architecture standards for non-residential accessory structures. At approximately 9:58 p.m. Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:58 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Mayor Berry, the City Council voted six (6) for and none (0) opposed, to adopt an ordinance amendment to Chapter 12 "Unified Development Ordinance," Section 7.9.B.2 "Building Mass and Design," of the College Station Code of Ordinances, specifically related to architecture standards for non- residential accessory structures. The motion carried unanimously. 11. Adiournment. MOTION: There being no objection, Mayor Berry adjourned the Regular Meeting of the City Council at 10:05 p.m. on Thursday, April 28, 2011. The motion carried unanimously. Nancy Be, ATTEST: Sherry M "burn, City Secretary RM042811 Minutes Page 8 \ © © © •