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Home My WebLink About06/26/2014 - Regular Minutes City CouncilMINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JUNE 26, 2014 STATE OF TEXAS COUNTY OF BRAZOS Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz, via remote James Benham City Staff: § § § Kelly Templin, City Manager Carla Robinson, City Attorney Tanya McNutt, Deputy City Secretary Ian Whittenton, Records Management Coordinator 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 Berry at 7:22 p.m. on Thursday, June 26, 2014 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Citizen Comments Royce Hickman and Glenn Brewer, 809 Royal Adelade, thanked council for their support during a recent trip to Washington D.C. and the Texas Chamber of Commerce Executives Annual Conference held in College Station earlier this week. Kriss Boyd, 1202 Boyd, wishes to speak on regular item three (3) and will address council during that public hearing. Ben Roper, 5449 Prairie Dawn Court, came before Council to honor the service and sacrifice of Master Sergeant George Fernandez. RM062614 Minutes Page 1 c, CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • June 12, 2014 Workshop • June 12, 2014 Regular Council Meeting 2b. Presentation, possible action, and discussion regarding award of a contract in the amount of $192,832 to Avinext Inc., to upgrade cameras and other components of the video surveillance security system at various Water Department facilities. 2c. Presentation, possible action, and discussion regarding a change order to the Northgate Parking Garage equipment maintenance agreement with NextGen Parking, formerly ProTech Access, in the amount of $16,593. 2d. Presentation, possible action, and discussion regarding the renewal of annual price agreement 11-031 to Brazos Paving, Inc. for the purchase of Cement Stabilized Sand for an amount not to exceed $147,960. 2e. Presentation possible action and discussion regarding a semi-annual price agreement with Knife River for the purchase of Type D Hot Mix Asphalt to be picked up by City Crews for the maintenance of streets in the amount not to exceed $960,000.00.($64.00 per ton). 2f. Presentation, possible action and discussion on a renewal for the annual purchase of installed Type II, FGSMA Hot Mix Asphalt for an amount not to exceed $526,000. 2g. Presentation, possible action and discussion of Ordinance 2014-3580, amending Chapter 10 Traffic Code", Section 4 "Administrative Adjudication of Parking Violations", E "Parking Regulations of Certain Described Areas", (1) "Traffic Schedule XIV - No Parking Here to Corner or No Parking Anytime" of the Code of Ordinances, to remove parking along sections of Caudill Street and Lawyer Street to provide emergency vehicle access along these streets. 2h. Presentation, possible action and discussion regarding the approval of a professional services contract (No. 14-157) with Goodwin-Lasiter-Strong, in the amount of $101,348.12, for the design of sidewalk improvements along Langford Street and Guadalupe Drive. 2i. Presentation, possible action, and discussion on a Professional Services Contract with Jones and Carter in the amount of $81,000.00 for the professional engineering services related to the Luther Street Conceptual Design, in final form as approved by the City Attorney. (Contract #14-322) 2j. Presentation, possible action, and discussion regarding ratification of expenses for: temporary employment services for FY13 with Express Services for $68,164.26, temporary employment services for FY14 to -date with Express Services for $37,256.50, and temporary employment services for FY14 to -date with Spherion Staffing for $19.808.75; and approval of FY14 anticipated expenditures with Express Services for $15,000.00 and Spherion Staffing for $15,000. RM062614 Minutes Page 2 2k. Presentation, possible action, and discussion regarding approval of a contingency transfer in the amount of $47,000 for the outfitting and renovation of Police Department office space in Northgate. 21. Presentation, possible action, and discussion regarding the 2nd of two renewal options of an annual blanket purchase order 12-067 with Boundtree Medical L.L.C. for $80,000.00 for EMS supplies. 2m. Presentation, possible action, and discussion regarding the 2nd reading of Ordinance 2014-3575, amending the existing natural gas franchise ordinance between the City of College Station and Atmos Energy Corporation. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Aldrich, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Presentation, possible action, and discussion regarding an economic development agreement between the City of College Station and Kalon Biotherapeutics. Randall Heye, Economic Development Manager, reported that staff recommends an incentive in the amount of an annually reducing percentage of the City's shared revenue from the Interlocal Cooperation and Joint Development Agreement approved by Council on December 15, 2011. The agreement is conditioned upon the City of Bryan entering into an agreement to grant its portion of the shared revenue received in an estimated amount of not less than $411,451.39 to Kalon Biotherapeutics. The total incentive will not exceed $1,093,548.61 over a seven-year period. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham the City Council voted seven (7) for and none (0) opposed, to approve an economic development agreement between the City of College Station and Kalon Biotherapeutics. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding five (5) ordinances (2014-3581; 2014-3582; 2014-3583; 2014-3584; and 2014-3585) vacating and abandoning eleven (11) public utility easement on Lots 1 thru 4, Block 1 of the Chimney Hill Retail Plaza Subdivision according to the plat recorded in Volume 807, Page 543 of the Deed Records of Brazos County, Texas, located at 701 and 715 University Drive East. Alan Gibbs, City Engineer, reported these ordinances abandon eleven public utility easements within the Chimney Hill Retail Plaza Subdivision and will accommodate the Chimney Hill re- development. The abandonments are conditioned on a temporary blanket easement being reserved until new easements can be dedicated. At approximately 7:50 p.m., Mayor Berry opened the Public Hearing. RM062614 Minutes Page 3 Natalie Ruiz, IPS Group, 3204 Earl Rudder Frwy, stated that the parties she represents are in favor of these ordinances. 'Ikr. There being no further comments, the Public Hearing was closed at 7:52 p.m. C MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Benham the City Council voted seven (7) for and none (0) opposed, to adopt Ordinances 2014- 3581; 2014-3582; 2014-3583; 2014-3584; and 2014-3585, vacating and abandoning eleven (11) public utility easement on Lots 1 thru 4, Block 1 of the Chimney Hill Retail Plaza Subdivision according to the plat recorded in Volume 807, Page 543 of the Deed Records of Brazos County, Texas, located at 701 and 715 University Drive East. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3586, amending Chapter 4, "Business Regulations", Section 4-19, "Rental Registration of Single Family and Duplex Dwelling Units" of the Code of Ordinances of the City of College Station. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted seven (7) for and zero (0) opposed, to remove from table, for consideration and discussion on amending Chapter 4, "Business Regulations", Section 4 19, "Rental Registration of Single Family and Duplex Dwelling Units" of the Code of Ordinances of the City of College Station. The motion carried unanimously. Kelly Templin, City Manager, presented recent information from Texas A&M University related to its lack of housing on expansion on campus, expected housing expansions in the future, and statistics related to the trends and habits of its students in relation to the rental registration program. Lance Simms, Director of Planning and Development, reported the following changes were incorporated after the June 12 Council meeting: • An administrative penalty (citation) provision; • A requirement that a copy of the lease be presented to the administrator for review upon request; and • An effective date of 45 days after adoption. He also noted that the requirement for a notarized affidavit has been removed in favor of a strongly worded acknowledgement that will be included on the rental registration form. Debbie Eller, Director of Community Services, reported to council on the possible violations, fines, method of enforcement, and addition of a civil process for enforcement of the proposed ordinance. At approximately 8:12 p.m., Mayor Berry opened the Public Hearing. Rory Cannaday, 903 Munson, provided written comments. Robert Bednarz, 1101 Marsteller, provided written comments. RM062614 Minutes Page 4 C Peter Hugill, 904 Francis Drive, provided written comments. Brian Stagner, 1114 Neal Pickett, provided written comments. Kriss Boyd, 1202 Ashburn, provided written comments. Lawrence Hunter, 1116 Ashburn, provided written comments. Dennis Berthold, 1204 Marsteller, provided written comments. Russell McGee, 10080 FM 1179, provided written comments. Nan Crouse, 1107 Ashburn Avenue, provided written comments. Nancy Plankey-Videla, 1020 Francis Drive, provided written comments. Suzanne Droleskey, 1109 Ashburn, supports this ordinance and stated that this is not homeowners versus renters but a matter of supporting residential neighborhoods and single family homes. Jeff Claybrook, 903 Fairveiw, is a member of the Student Government for Texas A&M and spoke against the ordinance and stated that the organization he represents believes that the student body need to be better informed. Dave Hill, 1113 Ashburn, supports the ordinance but wanted to stress that the construction habits of builders may be encouraging encroachment upon single family neighborhoods. Katherine Cox, 1107 Walton Drive, provided written comments. Robert Mackin, 1020 Francis Drive, provided written comments. Virginia Kettler, 4074 Highway 6 S, stated she believes that this ordinance is overregulation and the current code enforcement cannot enforce the current ordinances. She believes that stronger code enforcement in other areas does a better job to address neighborhood issues and that the cost of the proposed ordinance is too high. Sherry Ellison, 2705 Brookway, supports the affidavit requirement and funding for additional code enforcement. She is concerned that the City is supporting game -day rentals and would like the language in the ordinance to be well defined. Quint Foster, 1107 Walton, stated he supports the ordinance. Mr. Foster also submitted written comments. Wendy and Grant Wolfe, 2924 Camille Drive, provided written comments. Janet McArdle, 903 Francis Drive, provided written comments. Thomas McArdle, 903 Francis Drive, provided written comments. RM062614 Minutes Page 5 Kathryn June James, 1014 Rose Circle, provided written comments. Melissa Clinton, 1109 Tyler Court, is a local realtor and states that this ordinance does not address the enforcement issues the City is already having and brings up privacy concerns for her clients. In closing she stated that that she does not support the passage of this ordinance and would like to see an ad -hock committee on this issue. Charles Pinnell, 1013 Lyceum Court, is presenting for Switzer L. Deason, who is concerned with preserving the single family residences to the east and south of the Texas A&M campus. He stated concerns about the appearance of the homes inhabited by renters. Mr. Pinnell also provided written comments by Mr. Deason. Robert Averyt, 14695 Hwy 30, supports adding more code enforcement officers. He believes that we need more enforcement of our current ordinances and does not agree with the fee for registering the property. Whitney Ohendalski, 205 Fireside, stated that the changes in the ordinance since the last meeting are encouraging, though it is written vaguely. She supports increased code enforcement to help solve this issue as well as a committee to help address these issues. Donald Deere, 1500 Frost Drive, leases property and supports increased enforcement as well as the ordinance. He supports the changes in the ordinance since the last meeting and the inclusion of civil penalties but is concerned about privacy issues in sharing information of his tenants. Patsy Deere, 1500 Frost Drive, supports the ordinance but does not support sharing their renters information Lisa Jones, 3030 University Drive East Suite 100, asks that the council not pass the ordinance as written based on undue burdens being placed on property managers, possible violations of private property rights, and privacy issues in sharing information of renters. Linda Harvell, 504 Guernsey, supports the ordinance and additional code enforcement. Katherine Edwards, 313 Pershing, supports the ordinance believes it will make owners and managers more responsible. Brad Corrier, 724 Plum Hollow, supports increased code enforcement for all ordinances and believes that stronger enforcement of other property related ordinances would be a more fair solution. He stated that enforcing other property related ordinances effects all types of property owners equally and does not infringe on property and privacy rights. Kriss Boyd, 1202 Ashburn, supports the proposed ordinance and supports the council being even more proactive in protecting the character of neighborhoods. Sharlen Duprist, 400 Fairview, attempted to ask a question of council. This is not allowed and she declined to speak further. RM062614 Minutes Page 6 C Kevin Smith, 1511 Texas Avenue S, is opposed to the ordinance and suggests the council defer action to a later time or decline the ordinance entirely. He suggest the council strike sentence C2, C3, and C4. He believes that the language in the ordinance is too open ended and will allow for future violations of privacy and property rights. Larry Pritch, 1004 Ashburn, supports the ordinance because he believes that it will support what he feels is positive neighbor integrity and family structure. Terrance Murphy, 4411 Hearst Court, stated he is a former Aggie student, realtor, investor and home owner who does not support the ordinance but does support additional enforcement. He cites future growth as a reason to keep regulation down and incentives future investment in the community. Sarah Norman, 1251 Barron Road, is a realtor who does not believe that this ordinance addresses the core issue of enforcing codes already in existence and supports additional code enforcement as a way to address the issues in neighborhoods. Judith Beckman, 9301 Amberwood Court, stated that she is a property owner whose home has been rendered worthless by the City and does not support the rental registration ordinance in any form because she believes it is discriminatory and violates privacy. Trent Ownes, 901 Camelia Court, realtor does not support the ordinance and would like to see more enforcement of other codes. He stated that most of the fall leases have already been signed and that the council has time for an ad -hock committee of stakeholders to work towards other solutions than rental registration. TresWatson, 1208 Walton Drive, provided written comments. Emre Yurttas, 3108 Pleasant Grove Drive, provided written comments. There being no further comments, the Public Hearing was closed at 9:13 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, to adopt Ordinance 2014-3586, amending Chapter 4, "Business Regulations", Section 4-19, "Rental Registration of Single Family and Duplex Dwelling Units" of the Code of Ordinances of the City of College Station as presented by staff MOTION: Councilmember Benham made a motion to amend the main motion, seconded by Councilmember Aldrich, to adopt Ordinance 2014-3586, amending Chapter 4, "Business Regulations", Section 4-19, "Rental Registration of Single Family and Duplex Dwelling Units" of the Code of Ordinances of the City of College Station, striking the language contained in the proposed Section 4-19(C)(2) and (C)(3) from the ordinance. MOTION: Upon a restatement of the previous motion to amend made by Councilmember Benham, seconded by Councilmember Aldrich, City Council voted three (3) for and four (4) opposed, with Councilmembers Berry, Brick, Nichols, and Mooney voting against, to amend the main motion to adopt Ordinance 2014-3586, amending Chapter 4, "Business Regulations", Section 4-19, "Rental Registration of Single Family and Duplex Dwelling Units" of the Code of RM062614 Minutes Page 7 Ordinances of the City of College Station, striking the language contained in the proposed Section 4-19(C)(2) and (C)(3) and replacing with the language from the current Section 4- 19(B)(1)(e) and (B)(1)(f). The motion failed. MOTION: Taking action on the main motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and one (1) opposed, with Councilmember Benham voting against, to adopt Ordinance 2014-3586, amending Chapter 4, "Business Regulations", Section 4-19, "Rental Registration of Single Family and Duplex Dwelling Units" of the Code of Ordinances of the City of College Station as presented by staff. The motion carried. 4. Presentation, possible action and discussion regarding appointments to the following boards and commissions: • Planning and Zoning Commission A motion was made by Councilmember Benham, seconded by Councilmember Aldrich, city council voted seven (7) for none (0) opposed to make the following appointment to the Planning and Zoning Commission: • Rick Floyd 5. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:10 p.m. on Thursday, June 26, 2014. Nancy Berry, Mayor ATTEST: Shaerry Mburn, City Secretary RM062614 Minutes Page 8 dlyer, ? ( (**#' (-Nocrl (*itr4 ( (*. (! ‘ ( (":*../ -. (** -+ Irv% (irr4 ( ( ( (* (*. (*- (" ( (irtr4 (* (