HomeMy WebLinkAbout09/11/2017 - Regular Minutes - City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
SEPTEMBER 11, 2017
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Blanche Brick
Jerome Rektorik
Linda Harvell
Barry Moore
Julie Schultz
James Benham
City Staff: Student Liaison
Kelly Templin, City Manager Jonah Chen, VP Municipal Affairs
Chuck Gilman, Deputy City Manager
Carla Robinson, City Attorney
Tanya McNutt, City Secretary
Ian Whittenton, 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 Mooney at 7:37 p.m. on Monday, September 11, 2017 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.
MCCI presenting the Laserfiche Excellence Award to the City Secretary's Office.
Mayor Mooney recognized Russell Haddock with MCCI.
Russell Haddock, MCCI presented the Excellence Award to the Ian Whittenton, Deputy City
Secretary of City Secretary's Office.
Proclamation declaring September 17th through 23rd as Constitution Week.
Mayor Mooney presented the proclamation and proclaimed September 17-23,2017 as Constitution
Week. Present to accept the proclamation was the La Villita Chapter of the Daughters of the
American Revolution.
Proclamation declaring September 16th as Thank a Police Officer Day.
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Mayor Mooney presented the proclamation and proclaimed September 16, 2017 as Thank a Police
Officer Day. Present to accept the proclamation were members of the College Station Police
Department.
Hear Visitors Comments
No discussion needed.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
• August 24, 2017 Workshop Meeting
• August 24, 2017 Regular Meeting
• August 30,2017 Special Meeting
2b. Presentation, possible action, and discussion on an Interlocal Agreement (ILA) with
Brazos County and the City of Bryan to apply and accept a U.S. Department of Justice 2017
Justice Assistance Grant (JAG).
2c. Presentation, possible action, and discussion regarding approval of a construction
contract (No.17300495) with Larry Young Paving, Inc. in the amount of$11,361,015.62 for
the construction of the Lakeway Drive Project.
2d. Presentation, possible action, and discussion regarding approval of the construction
contract(17300458)with Larry Young Paving in the amount of$2,877,493.99 for the Royder
Road Expansion Phase 1 Project.
2e. Presentation, possible action, and discussion on Ordinance No. 2017-3924 temporarily
amending Chapter 38,Section 38-1013,Traffic Schedule XIII "Temporary Speed Limits" of
the College Station Code by changing the posted speed limit on Royder Road to 25 mph
between the City Limit to 700' north of Backwater Drive for the duration of the Royder
Road Expansion Phase 1 project.
2f. Presentation, possible action, and discussion regarding construction contract 17300478
with Brazos Paving,Inc. in the amount of$315,139.10 for the construction of the culvert and
water line replacement at the intersection of Dominik and Stallings Drive.
2g. Presentation, possible action, and discussion to consider awarding contract#17300501 in
the amount of$545,000 to C3 Constructors for the construction of CCWWTP Plants 4 & 5
Blower Improvements.
2h. Presentation, possible action, and discussion on Resolution No. 09-11-17-2h naming the
authorized representative on the PARS Public Agencies Post-Retirement Health Care Plan
Trust account.
2i. Presentation, possible action, and discussion to approve an agreement for administrative
services with Phase II Systems dba Public Agency Retirement Services (PARS)in an amount
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of 0.25% of Plan Assets for financial advisory services on an annual basis, estimated to be
$3,250 in this initial year.
2j. Presentation, possible action, and discussion regarding renewing a contract for printing
and mailing utility bills, late notices and inserts with Xpedient Mail in the amount of
$230,000.
2k. Presentation, possible action, and discussion for three year Interlocal Agreement with
the City of Bryan and Brazos County to provide Emergency Medical Ambulance Service to
Brazos County and to receive payments every quarter.
21. Presentation,possible action,and discussion regarding the final reading for the recycling
collection franchise Ordinance No. 2017-3925 and service agreement renewal with Brazos
Valley Recycling in the amount not to exceed $880,000 or the number of customers times the
approved agreement rates.
2m. Presentation, possible action, and discussion regarding the acquisition of 110.95 acres
of land that will be developed into the Westside Community Park.
2n. Presentation, possible action, and discussion regarding approving the renewal of a
contract for Annual Padmount Equipment Repair and Restoration with Utility Restoration
Services Inc. in the amount of$256,384.
2o. Presentation, possible action, and discussion regarding Ordinance No. 2017-3926
amending Chapter 26, "Miscellaneous Provisions and Offenses," Section 26-8, "Noise", 3
"Exemptions" (a) of the Code of Ordinances of the City of College Station, Texas, regarding
the working hours for necessary construction.
2p. Presentation, possible action, and discussion regarding Ordinance No. 2017-3927
amending Chapter 103,"Building and Building Regulations,"Article V.,"Single-Family and
Duplex Unit Rental Registration" of the College Station Code.
2q. Presentation, possible action, and discussion on Ordinance No. 2017-3928 repealing
Chapter 8 "Business", Article X "Transportation Network Companies" of the College
Station Code because the 85th Legislature of the State of Texas passage of H.B. 100 allowing
only the state to regulate transportation network companies.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Rektorik, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda. The motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, possible action, and discussion regarding an ordinance
amending Appendix A, "Unified Development Ordinance," Section 4.2, "Official Zoning
Map," of the Code of Ordinances of the City of College Station, Texas, by changing the
zoning district boundaries from GS General Suburban to PDD Planned Development
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District for approximately 0.6 acres in the College Park Subdivision generally located at 100
& 200 Fairview.
Rachel Lazo, Planning and Development, stated that this request is to rezone approximately 0.6
acres located at the southwest corner of George Bush Drive and Fairview Avenue from GS General
Suburban to PDD Planned Development District, with a base zoning district of GC General
Commercial. The Urban land use allows commercial development within redevelopment areas,
and the Southside Area Neighborhood Plan further defines the types of developments allowed
within this section of Southside. The development is seeking to redevelop two lots along George
Bush Drive for the relocation of the existing Aggieland Outfitters at Highland and George Bush.
This zoning request is consistent with the current Future Land Use and Character Map. There is a
proposed modification to reduce the front building setback to ten (10) feet to allow a larger
separation between the proposed retail store and the existing residential properties. A second
modification has been proposed to remove drive-thru restaurants as a permitted use. Staff
recommends approval.
The Planning and Zoning Commission heard this item at their August 17th meeting and
recommend approval 4-0.
At approximately 8:46 p.m., Mayor Mooney opened the Public Hearing.
Jerry Cooper, College Park, stated his concerned with the rezoning and the health and safety of the
children in Southside, due to traffic congestion and other safety risks.
Emily Jane Cowan, Southside Neighborhood Advocacy Group, stated the group's disappointment
in the decision of the P&Z Commission. They continue to believe that this is the wrong answer
for both their neighborhood and the city. She noted they have a signed petition with over 300
signatures, which clearly shows concern by the residents.
Bill Bingham, Southside Neighborhood Advocacy Group, presented information on how the
general commercial rezoning is expected to create an increase in tax revenue, or in some cases
provide a service the community lacks. He stated in this specific case, neither is true.
Kathy Richers, Southside Neighborhood Advocacy Group, spoke on how the applicant's solution
is a U-turn, which most likely will not be allowed by TxDOT. She stated that the proposed stop
light is not in the TxDOT plan. The only purpose of the disruption is to serve one retail store.
Debbie Bethancourt, Southside Neighborhood Advocacy Group, stated that the intersection of
Fairview and Bush already has a high pedestrian, bicycle, and scooter traffic load and this blends
into the vehicular traffic because there are no sidewalks or bike lanes on Fairview. The pedestrian
density will increase with the grade separation because students will not be able to cross Bush due
to the new barriers.
Hayes Glover, Southside Neighborhood Advocacy Group, stated that the proposed rezoning does
more than simply take away our neighborhood entrance forever, it directly impacts the properties
immediately adjacent to it. The houses on Fairview will have traffic, noise, accelerating engines,
delivery trucks, idling vehicles, unsightly storage containers, restricted views from the owner's
fences that are supposed to be a"benefit".
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Bob Richers, Southside Neighborhood Advocacy Group, stated that if anyone had suggested the
redevelopment should wrap around a house and extend down Fairview between houses the
proposal would have been rejected by City Council out of hand and yet we are considering it as a
reasonable thing to do.
Hugh Stearns, Southside Neighborhood Advocacy Group, stated that P&Z understood that this
was supposed to be a"neighborhood commercial"business. We need to effectively make the case
that this is General Commercial and that the definition of either General or Suburban has nothing
to do with size. It's about who it serves.
Scott Shafer, Southside Neighborhood Advocacy Group, stated that the P&Z has strong opinions
about property rights, and we actually all agree on the principle, but we also believe in the rule of
law. The owner in this situation has purchased residential properties and the city must decide if
it wants to grant them the right to a different use, and a very large immediate gain in value.
Whitney Wolfe, College Station, spoke for the applicant and his personal character. She stated
that the owner is a planner, will be an excellent neighborhood, and good Stewart to Southside.
Nancy Berry, Chimney Hill, spoke in support of Aggieland Outfitters and the rezoning.
Don Jones, Pebble Creek, spoke in support of the rezoning due to the location of this property and
what he feels is an appropriate use.
Nan Krause, College Station, stated that businesses should not be located in a neighborhood.
Scott Scherr, Applicant Representative, spoke on the deed restrictions and how they are
enforceable. He stated he is a resident of Southside but in support of the rezoning.
Chuck Ellison, Southwood Neighborhood, stated he is here representing the applicant, and hear to
answer any questions on deed restrictions.
There being no comments, the Public Hearing was closed at 9:26 p.m.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Schultz, the City Council voted four (4) for and three (3) opposed, with Mayor Mooney and
Councilmembers Brick, and Harvell, voting against, to adopt Ordinance 2017-3929, amending
Appendix A, "Unified Development Ordinance," Section 4.2, "Official Zoning Map,"of the Code
of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries
from GS General Suburban to PDD Planned Development District for approximately 0.6 acres in
the College Park Subdivision generally located at 100 & 200 Fairview. The motion carried.
Mayor Mooney recessed the meeting at 10:24 p.m.
The meeting reconvened at 10:34 p.m.
2.Public Hearing,presentation,possible action, and discussion on the City of College Station
FY2017-2018 Proposed Budget.
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Mary Ellen Leonard, Finance Director, presented the Operations and Maintenance that are
proposed at$244,556,833 and the Capital portion is proposed at$120,957,260 for a total proposed
budget of $365,514,093. The FY2017-2018 Budget is scheduled to be adopted in Council
Chambers on Monday, September 25, at 7:00 p.m.
At approximately 7:51 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:51 p.m.
3. Public Hearing, presentation,possible action and discussion on the City of College Station
2017 advertised ad valorem tax rate of$0.4975 per$100 valuation resulting in an increase in
tax revenues. Also discussion and possible action on announcing the meeting date, time and
place to adopt the tax rate.
Mary Ellen Leonard, Finance Director, presented the second of the public hearings on the tax rate.
The proposed tax rate of 49.75 cents per $100 assessed valuation will generate $43,310,628 in
taxes.
The certified property valuation totaled $8,901,678,045 billion, which is a total increase of
$911,210,782 or approximately an 11.41% increase in value over last year. The effective tax rate
is 44.4262 cents per$100 assessed valuation. The current tax rate is 47.25 cents per$100 assessed
valuation, and the proposed tax rate is 49.75 cents per $100 assessed valuation. If adopted, the
proposed tax rate per$100 of assessed valuation would be 49.75 cents and would provide 22.0339
cents for debt service and 27.7151 cents for operations and maintenance. This tax rate meets the
Debt Service requirements, and funds the proposed General Fund budget.
At approximately 7:55 p.m., Mayor Mooney opened the Public Hearing.
Richard Dusold, College Station, spoke in opposition of the increase of the tax rate.
There being no comments, the Public Hearing was closed at 7:58 p.m.
Mayor Mooney announced the vote on the tax rate will take place in Council Chambers on
Monday, September 25, at 7:00 p.m.
4. Public Hearing, presentation, possible action, and discussion regarding an ordinance
amending Appendix A, "Unified Development Ordinance", Article 8, "Subdivision
Regulations", Section 8.3.I.2, "Utility Easements", of the Code of Ordinances of the City of
College Station, Texas, regarding the location of utility easements.
Lance Simms, Director of Planning and Development, stated that the proposed UDO amendment
is included in the 2017 Planning & Zoning Commission's Plan or Works. This will provide the
City Engineer with flexibility regarding the location and width of utility easements, thereby
reducing costs for the developer, staff time processing waiver requests, and the number of waiver
requests that must be considered by the Planning & Zoning Commission.
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The Planning&Zoning Commission heard this request at their August 17, 2017 meeting and voted
to recommend approval 5-0.
At approximately 10:37 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 10:37 p.m.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017-
3930, amending Appendix A, "Unified Development Ordinance", Article 8, "Subdivision
Regulations", Section 8.3.I.2, "Utility Easements", of the Code of Ordinances of the City of
College Station, Texas, regarding the location of utility easements. The motion carried
unanimously.
5. Public Hearing, presentation, possible action, and discussion regarding an ordinance
amendment to Appendix A, "Unified Development Ordinance", Section 6.3,"Types of Uses"
of the Code of Ordinances of the City of College Station, Texas to permit the use of health
clubs in the Commercial Industrial zoning district.
Justin Golbabai, Planning and Development, stated that this amendment to the Unified
Development Ordinance permits the uses of"Health Club/Sports Facility, Indoor", and "Health
Club/Sports Facility, Outdoor" in the Commercial Industrial zoning district. The intention of this
amendment is to allow gyms and exercise facilities to utilize buildings with a more warehouse or
industrial character.
The Planning & Zoning Commission considered this item at their August 17, 2017 meeting and
voted of 5-0 to recommend approval. Staff also recommends approval.
At approximately 10:39 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 10:39 p.m.
MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember
Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2017-
3931, amending Appendix A, "Unified Development Ordinance", Section 6.3, "Types of Uses" of
the Code of Ordinances of the City of College Station, Texas to permit the use of health clubs in
the Commercial Industrial zoning district. The motion carried unanimously.
6. Presentation, possible action, and discussion on future agenda items and review of
standing list of Council generated agenda items: A Council Member may inquire about a
subject for which notice has not been given. A statement of specific factual information or
the recitation of existing policy may be given. Any deliberation shall be limited to a proposal
to place the subject on an agenda for a subsequent meeting.
No future items to discuss.
7. Adjournment.
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There being no further business, Mayor Mooney adjourned the ' 'gular Meting of the City
Council at 10:40 p.m. on Monday, September 11, 2017.
A
K. 1 ooney ayor
ATTES'T_:
Tanya M Nu ,s/ ity Secretary
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