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HomeMy WebLinkAbout01/10/2013 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION C ie JANUARY 10, 2013 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Jess Fields Karl Mooney John Nichols Julie Schultz James Benham City Staff: David Neeley, City Manager Frank Simpson, Deputy City Manager C or Kathy Merrill, Deputy 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 7:16 p.m. on Thursday, January 10, 2013 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. Proclamation for the Better Business Bureau Boss of the Year. Mayor Berry presented a proclamation recognizing Mike Beal, with Century 21 Beal Realty, as the Better Business Bureau Boss of the Year. Special recognition of Steve Beachy for his service on the Brazos Valley Groundwater Conservation District. RM011013 Minutes Page 1 Mayor Berry presented a plaque to Steve Beachy in recognition for his service on the Brazos Valley Groundwater Conservation District. Citizen Comments Dr. Stephen Magyar, 3425 Greens Prairie Road West, reported he is a state of Texas permitted Master falconer and requested an exemption from the City of College Station Animal Control Ordinance 2010 -3237, subsection "Wild Animal" in the Texas Health and Safety Code 822.101, to thus allow any person possessing a valid state permit authorization to practice falconry. He is a member of the North American Falconers Association and the Texas Hawking Association. He has been a permitted falconer and College Station resident for over thirty years. He wants to get another hawk and be able to possess it in College Station without breaking the law. He asked what does he need to do to have an exemption added to this current ordinance so that he can continue to practice this ancient hunting sport? He provided to the Council an example of exemption language as prepared by James Maynard, General Counsel of the North American Falconers Association. Argie Butler, 8783 Vincent Road, spoke about the Brushy community and the possible impact of the proposed landfill. She wants to keep this in the forefront of the City's mind. The dump will be as tall as Kyle Field, and there will be six days out of the week with heavy dust due to the dump trucks. She can't see how the roads can sustain this amount of traffic. Cora Rogers, 7472 Old Jones Road, is also a member of the Brushy community. She has health issues, and she wants to live to be as old as her neighbor. The vultures will look for a cheap place where they can build. The community is standing and fighting to stop this dump site from being put in this community. She asked Council to not forget them. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • December 13,2012 Workshop • December 13,2012 Regular Council Meeting • December 18,2012 Special Meeting 2b. Presentation, possible action and discussion on an Agreement for Services with Emergicon to provide ambulance billing, accounts receivable and delinquent account collection services in an amount not to exceed $120,000. 2c. Presentation, possible action, and discussion approving Resolution 01- 10- 13 -2c. authorizing a License Agreement with Heath Phillips Investments, LLC, pertaining to the encroachment in to the public utility easement area of a portion of a structure located in Common Area, The Barracks II Subdivision Phase 100, according to the plat recorded in Volume 10785, Page 163 of the Official Records of Brazos County, Texas. 2d. Presentation, possible action, and discussion regarding the approval of Resolution 01- 10-13-2d, of the City of College Station requesting the Texas Legislature and the Governor of Texas enact laws to regulate the rates and fees charged by payday lending and auto title RM011013 Minutes Page 2 loan businesses and to affirm cities authority to pass ordinances regulating payday lending and auto title loan business practices. 2e. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station and Binkley & Barfield, Inc. in the amount of $59,750.00 for TxDOT Drainage Infrastructure Data Collection and Mapping project and authorizing the City Manager to execute the contract on behalf of the City Council. 2f. Presentation, possible action and discussion regarding the approval of annual tire purchases from Pilger's Tire & Auto Center through the State of Texas (TxMAS) Tire Contract in the amount of$197,000.00. 2g. Presentation, possible action, and discussion on approving an annual blanket purchase order for the purchase of auto parts, shop equipment and services from NAPA Auto Parts (College Station, TX) through the Purchasing Solutions Alliance (PSA) contract for the amount of $75,000.00. 2h. Presentation, possible action, and discussion on the first reading of a franchise agreement with Viridiun; for the collection of organic waste from commercial business locations. Item 2d was pulled for a separate vote. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less item 2d. The motion carried unanimously. (2d)MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Nichols, the City Council voted five (5) for and two (2) opposed, with Councilmembers Fields and Mooney voting against, to adopt Resolution 01- 10- 13 -2d, of the City of College Station requesting the Texas Legislature and the Governor of Texas enact laws to regulate the rates and fees charged by payday lending and auto title loan businesses and to affirm cities authority to pass ordinances regulating payday lending and auto title loan business practices. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action and discussion regarding adoption of Resolution 01- 10 -13 -01 of the City of College Station supporting Legislation to create the "Rock Prairie Medical District Municipal Management District Number One ", the associated draft legislation and the potential conditions of consent associated with the District. 2. Public Hearing, presentation, possible action and discussion regarding adoption of Resolution 01- 10 -13 -02 of the City of College Station supporting Legislation to create the "Rock Prairie Medical District Municipal Management District Number Two ", the associated draft legislation and the potential conditions of consent associated with the District. RM011013 Minutes Page 3 The Public Hearings for Items 1 and 2 were held together. At approximately 7:55 p.m., Mayor Berry opened the Public Hearing. Tom Goen, 705 Putter Court, spoke on Item 2 and stated he has not had an opportunity to study the draft legislation and it appeared the board, in order to submit some action needing additional ad valorem taxes, has to be submitted by petition and signed by the majority value ownership of property owners. In this case, that would be one person and the remainder of the property owners would not be well represented. He would like to see another board member to represent the others in that case. James Muir, 4207 Center Court, spoke on Item 2 and provided the Council with the Core Area Layout Plan and other schematics. He also provided a Statement of Mutual Agreement, dated January 8, 2013, with eight of the ten stakeholder signatures, attached. His main concern is related to board appointments. He is asking the Council keep the typical method of selection as it provides a perfect system of checks and balances. This will give the existing board and property owners the ability to feel comfortable when they are being asked to invest in the district, and it also gives the Council comfort in their ability to approve the board. He noted the property owners are the ones committing to additional assessments with the vested interest in the special district, and they do not feel comfortable without a fair system of checks and balances for board appointments. There being no further comments, the Public Hearing was closed at 8:08 p.m. tivi e (1)MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to adopt Resolution 01- 10 -13 -01 of the City of College Station supporting Legislation to create the "Rock Prairie Medical District Municipal Management District Number One ", the associated draft legislation and the potential conditions of consent associated with the District. The motion carried. (2)MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, amended by Councilmember Benham and seconded by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to adopt Resolution 01- 10 -13 -02 of the City of College Station supporting Legislation to create the "Rock Prairie Medical District Municipal Management District Number Two ", the associated draft legislation, as amended, and the potential conditions of consent associated with the District. The motion carried. The legislation included in the packet was amended with alternative language, to wit: Sec. 38.052 RECOMMENDATIONS FOR SUCCEEDING BOARD. (a) the initial and each succeeding board of directors shall recommend to the governing body of the City persons to serve on the succeeding board. (b) After reviewing the recommendations, the governing body shall approve or disapprove the directors recommended by the board. A person is appointed if a majority of the members of the governing body, including the mayor, of the City vote to appoint that person. RM011013 Minutes Page 4 (c) If the governing body is not satisfied with the recommendations submitted by the board and does not vote to approve the board members, the board, on the request of the governing body, shall submit to the governing body additional recommendations. If after the second submittal, the governing body does not vote to approve the additional recommendations of the board, the governing body of the City may appoint qualified persons to serve on the succeeding board. (d) Board members may serve successive terms. (e) If any provisions of Subsections (a) through (d) is found to be invalid, the commission shall appoint the board from recommendations submitted by the preceding board. The motion to amend the main motion carried four (4) for and three (3) against, with Councilmembers Brick, Mooney and Nichols voting against. 3. Presentation, possible action, and discussion regarding approval of an engagement letter between the City of College Station and Allen Boone Humphries Robinson, LLP in the amount of $105,000 to provide services to the City in connection with the creation of two municipal management districts related to the Medical District and authorizing the City Manager to execute the engagement letter on behalf of the City Council. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to approve the engagement letter between the City of College Station and Allen Boone Humphries Robinson, LLP in the amount of $105,000 to provide services to the City in connection with the creation of two municipal management districts related to the Medical District and authorizing the City Manager to execute the engagement letter on behalf of the City Council. The motion carried. 4. Public Hearing, presentation, possible action, and discussion on Ordinance 2013 -3469, Budget Amendment #1, amending Ordinance Number 3443 which will amend the budget for the 2012 -2013 Fiscal Year in the amount of $2,070,602. At approximately 10:01 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:01 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to adopt Ordinance 2013 -3469, Budget Amendment #1, amending Ordinance Number 3443 which will amend the budget for the 2012 -2013 Fiscal Year in the amount of $2,070,602. The motion carried. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2013- 3470, 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 1.24 acres located at 3800 State Highway 6 South from CI Commercial Industrial to GC General Commercial. At approximately 10:06 p.m., Mayor Berry opened the Public Hearing. RM011013 Minutes Page 5 There being no comments, the Public Hearing was closed at 10:06 p.m. MOTION: Upon a motion made by Councilmember Fields and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013- 3470, 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 1.24 acres located at 3800 State Highway 6 South from CI Commercial Industrial to GC General Commercial. The motion carried unanimously. 6. Public Hearing, presentation, possible action and discussion regarding Ordinance 2013- 3471, amending Chapter 12 "Unified Development Ordinance ", Article 2 "Development Review Bodies" and Article 5 "District Purpose Statements and Supplemental Standards ", of the Code of Ordinance of the City of College Station related to referencing the Easterwood Field Airport Zoning Ordinance and eliminating a duplicate Section in Article 5. At approximately 10:09 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 10:09 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Fields, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013- 3471, amending Chapter 12 "Unified Development Ordinance ", Article 2 "Development Review Bodies" and Article 5 "District Purpose Statements and Supplemental Standards ", of the Code of Ordinance of the City of College Station related to referencing the Easterwood Field Airport Zoning Ordinance and eliminating a duplicate Section in Article 5. The motion carried unanimously. 7. Presentation, possible action, and discussion regarding an appointment to the Twin City Endowment Board of Directors. MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to appoint Brien Smith to the Twin City Endowment Board of Directors. The motion carried unanimously. 8. Presentation, possible action, and discussion regarding Resolution 01- 10- 13 -08, appointing Bill Harris to the Brazos Valley Groundwater Conservation District Board of Directors, subject to confirmation by the Brazos County Commissioners Court. MOTION: Upon a motion made by Councilmember Nichols, and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Resolution 01- 10 -13- 08, appointing Bill Harris to the Brazos Valley Groundwater Conservation District Board of Directors, subject to confirmation by the Brazos County Commissioners Court. The motion carried unanimously. 9. Adjournment. RM011013 Minutes Page 6 MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:10 p.m. on Thursday, January 10, 2013. Nancy Be , Mayor ATTEST: �.�.. _. / Sherry Ma. "burn, City Secretary RM011013 Minutes Page 7 [ - . ( . •