HomeMy WebLinkAbout09/12/2019 - Regular Minutes - City CouncilRM0091219 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
SEPTEMBER 12, 2019
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Bob Brick
Jerome Rektorik
Linda Harvell
Elianor Vessali
John Nichols
Dennis Maloney - absent
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Jeff Kersten, Assistant City Manager
Carla Robinson, City Attorney
Tanya Smith, 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 6:01 p.m. on Thursday, September 12, 2019 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.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, to approve the absence request for
Councilmember Dennis Maloney. The motion carried unanimously.
Proclamation declaring September 17th through 23rd as Constitution Week.
Mayor Mooney presented the proclamation and proclaimed September 17-23, 2019 as Constitution
Week. Present to accept the proclamation was the La Villita Chapter of the Daughters of the
American Revolution.
Hear Visitors Comments
Elianor Vessali, College Station, came before Council to honor the service and sacrifice of Army
Captain Sean E. Lyerly.
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Jacob Prazak, College Station, came before Council highlight the health of a College Station
firefighter who was diagnose with cancer and emphasize the importance of the additional screenings
for firefighters. He went on to thank the Council, city staff, and Fire Administration for their
continued support of the screening program.
David Scott, College Station, came before Council to state his concern with Lick Creek Park and
how the City has caused damage to this park. He stated he understands the need for utilities but
what is happening to the park is devastating.
Donell Frank, College Station, came before Council to express her concerns with Lick Creek Park,
and the utilities infrastructure that is being placed in this park. She would like to see the City plant
new native plants in place of the natural plants that have been remove due to the utility construction.
Jackie Girouard, College Station, came before Council to express her concerns with Lick Creek Park
and her personal history with this park, until the destruction.
Cheryl Lewis, College Station, came before Council to express her concerns with Lick Creek Park
and her desire to see the City take more care to not destroy natural habitat. She offered to volunteer
to help with the preservation of this park, the native plants, and water conservation.
Sandy Dillard, Bryan, came before Council to state his concern with Lick Creek Park and echoes
what the other speakers stated regarding this park. He also stated that if the City would look into
“eco-tourism” it could help sustain this city.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
August 22, 2019 Workshop Meeting
August 22, 2019 Regular Meeting
2b. Presentation, discussion and possible approval of Ordinance No. 2019-4116 entering into a
Participation Agreement for Constructing Public Infrastructure between Grand Jr., LLC, an
Idaho Limited Liability Company authorized to do business in Texas and the City of College
Station, Texas for a total amount of City participation not to exceed $208,851 excluding fixed
fees.
2c. Presentation, discussion, and possible action regarding approval of the following
documents relating to the Block 6, Lots 1R & 2-5 Property Owners Association located within
The Business Center at College Station:
I. Certification of Formation, including identifying the initial board of director members
as the City Manager, the Director of Economic Development and the Director of
Planning and Development.
II. By Laws
III. Declaration of Restrictive Covenants
2d. Presentation, discussion, and possible action to authorize expenditure of funds for FY 2020
for items exempt from competitive bidding as described more fully in Texas Local Government
Code, Chapter 252.022 and other expenditures for interlocal contracts or f ees mandated by
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state law that are greater than $100,000; and to authorize the City Manager to approve
contracts and expenditures that are on the exemption list.
2e. Presentation, discussion, and possible action on Ordinance No. 2019-4117 to approve a
negotiated settlement agreement between the Atmos Cities Steering Committee (ACSC) and
Atmos Energy Corp., Mid-Tex Division, regarding the company's 2019 rate review mechanism
filings with attached rate tariffs and proof of revenues.
2f. Presentation, discussion, and possible action on Ordinance No. 2019-4118 amending
Chapter 38, "Traffic and Vehicles," Article II "Stopping, Standing and Parking," Division 3
"Northgate Area," Section 38-109 "Violations" of the Code of Ordinances by amending
certain sections relating to the Northgate Parking Garage Gate.
2g. Presentation, discussion, and possible action regarding the approval of the annual price
agreement for Auto Heavy Truck Paint and Body Repairs to Corn ’s Collision Center, Inc. for
an amount not to exceed $120,000 annually, for a total possible contract award of $600,000 and
the rejection of bids received in response to Invitation to Bid (ITB) #19-051 and rejection of
contract 19300569.
2h. Presentation, discussion, and possible action on an Interlocal Agreement (ILA) with Brazos
County and the City of Bryan to apply and accept a U.S. Department of Justice 2019 Justice
Assistance Grant (JAG).
2i. Presentation, discussion, and possible action on the consideration of Ordinance No. 2019-
4119 amending Chapter 38, "Traffic and Vehicles," Articles VI, "Traffic Schedules," Section
38-1002 "Traffic Schedule II, Four Way Stop Intersections," of the Code of Ordinances of the
City of College Station, Texas by implementing a four-way stop intersection at Church Avenue
East and West Bound at Second Street and the Public Way of the Northgate Surface Parking
Lot.
2j. Presentation, discussion, and possible action regarding renewal of contracts from Bid #18-
114 for prefabricated signs and sign blanks in the amount of $54,224.50 with Vulcan Signs and
for posts and hardware in the amount of $61,585.00 with Dobie Supply.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The
motion carried unanimously.
REGULAR AGENDA
1. Public Hearing, presentation, discussion, and possible action on the City of College Station
FY2019-2020 Proposed Budget.
Mary Ellen Leonard, Finance Director, presented the Operations and Maintenance that are proposed
at $269,986,220 and the Capital portion is proposed at $71,171,087 for a total proposed budget of
$341,157,307. The FY2019-2020 Budget is scheduled to be adopted in Council Chambers on
Thursday, September 26, at 6:00 p.m.
At approximately 6:35 p.m., Mayor Mooney opened the Public Hearing.
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Brian Alg, Pebble Creek, came before Council to state his concerns related the money the City is
giving to businesses in the form of economic incentives.
Craig Hall, College Station, stated that a few years ago the City decide d to make minimal tax
increases but continues to be one of the fasting growing municipalities in Texas. He further stated
that the City raising capital through taxes is not desirable but necessary to conduct business as it has
needs for the maintenance, staffing, and planning for future growth.
There being no comments, the Public Hearing was closed at 6:42 p.m.
2. Public Hearing, presentation, discussion, and possible action on the City of College Station
2020 advertised ad valorem tax rate of $0.534618 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 first of two public hearings on the tax rate. The
proposed tax rate of 53.4618 cents per $100 assessed valuation will generate $51,722,744 in taxes.
The certified property valuation totaled $10.0 billion, which is a total increase of $492 million or
approximately a 4.93% increase in value over last year. The effective tax rate is 49.5757 cents per
$100 assessed valuation. The current tax rate is 50.58 cents per $100 assessed valuation, and the
proposed tax rate is 53.4618 cents per $100 assessed valuation. If adopted, the proposed tax rate
per $100 of assessed valuation would be 53.4618 cents and would provide 22.1444 cents for debt
service and 31.3174 cents for operations and maintenance. This tax rate meets the Debt Service
requirements, and funds the proposed General Fund budget. The FY20 Budget reflects a 2.8777
cent per $100 assessed valuation. The proposed FY20 budget is $341 million, this is $19.7 million
below last year’s due to the timing of capital project appropriations.
At approximately 6:47 p.m., Mayor Mooney opened the Public Hearing.
Richard Dusold, College Station, expressed his concerns on the proposed tax rate increase and how
no one in the city is in favor of this increase and he believes the council should vote down the
proposed budget.
Michael Nibert, College Station, came before Council to express his concerns of the proposed tax
increase. He stated that this doesn’t affect him because he is over 65 but is here to help speak on
behalf of the citizens that are not in favor of the proposed tax rate increase.
Sherri Echols, College Station, came before Council to speak about her concerns on the proposed
tax rate increase. She does not believe that individual income has increased at a rate equal to the
increased taxes over the last several years.
Brian Alg, Pebble Creek, came before Council to state his concerns on the proposed tax rate increase
which he believes is a reaction to the state capping future tax increases.
Michelle Lee, College Station, stated she is a part of an online group of people that are not in favor
of the proposed tax rate increase and state that she believes that new development should pay for
new services.
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There being no comments, the Public Hearing was closed at 7:01 p.m.
Mayor Mooney announced that the Council will vote on the tax rate on Thursday, September 26,
2019 at 6:00 p.m. in City Council Chambers at City Hall.
3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2019-4120 amending Appendix A, “Unified Development Ordinance,” Article 4, Zoning
Districts,” 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 R Rural to RS Restricted
Suburban, GC General Commercial, O Office, and NAP Natural Areas Protected for
approximately 210 acres generally located at the intersection of Rock Prairie Road and
William D. Fitch Parkway.
Regular Item 3 was pulled at the request of the applicant and moved to a future agenda date.
4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2019-4121 amending the Comprehensive Plan - Future Land Use and Character Map from
Suburban Commercial and Natural Areas Reserved to General Commercial, Urban, and
Natural Areas Reserved for approximately 8.7 acres of land located at 2709 Texas Avenue
South.
Justin Constantino, Planning and Development, stated that the applicant has requested an
amendment to the Comprehensive Plan’s Future Land Use and Character Map from Suburban
Commercial and Natural Areas Reserved to General Commercial, Urban, and Natural Areas
Reserved, as a step toward permitting commercial and multi-family development on approximately
8.7 acres located at 2709 Texas Avenue South. The proposed General Commercial, Urban, and
Natural Areas Reserved land uses encourage compatible growth by providing the option for a mix
of appropriate commercial uses near the intersection of two major thoroughfares, continued
designation of floodplain as reserved open space, and housing options needed to support the
residents in the area.
The Planning and Zoning Commission considered this item on August 15, 2019 and voted 6-0 to
recommend approval. Staff also recommends approval.
At approximately 7:14 p.m., Mayor Mooney opened the Public Hearing.
Donell Frank, College Station, stated that she has already seen E. coli in Bee Creek and is afraid it
will happen more if this property is allowed to add more concrete.
There being no comments, the Public Hearing was closed at 7:16 p.m.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Rektorik, the City Council voted six (6) for and none (0) opposed, to adopted Ordinance 2019-4121,
amending the Comprehensive Plan - Future Land Use and Character Map from Suburban
Commercial and Natural Areas Reserved to General Commercial, Urban, and Natural Areas
Reserved for approximately 8.7 acres of land located at 2709 Texas Avenue South. The motion
carried unanimously.
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5. Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2019-4122 amending the Comprehensive Plan - Future Land Use and Character Map from
Natural Areas Reserved to General Commercial for approximately 1.3 acres of land located at
3030 University Drive East.
Justin Constantino, Planning and Development, stated that the applicant has requested an
amendment to the Comprehensive Plan’s Future Land Use and Character Map from Natural Areas
Reserved to General Commercial as a step toward permitting a medical office in an existing office
building on approximately 1.3 acres of developed property located at 3030 University Drive East.
The proposal is consistent with the goals and strategies of the Comprehensive Plan. The goal for
College Station’s Future Land Use and Character is to create a community with strong, unique
neighborhoods, protected rural areas, special districts, distinct corridors, and a protected and
enhanced natural environment. The proposed General Commercial land use encourages compatible
growth by providing the option for more diverse land use options on a dev eloped property situated
in a commercial corridor.
The Planning and Zoning Commission considered this item on September 5, 2019 and voted 5-2 to
recommend approval. Staff also recommends approval.
At approximately 7:28 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:28 p.m.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2019-4122,
amending the Comprehensive Plan - Future Land Use and Character Map from Natural Areas
Reserved to General Commercial for approximately 1.3 acres of land located at 3030 University
Drive East. The motion carried unanimously.
6. Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2019-4123 amending Appendix A, “Unified Development Ordinance,” Article 4, Zoning
Districts,” 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 M-1 Light Industrial to GC
General Commercial for approximately 1.3 acres of land generally located at 3030 University
Drive East.
Justin Constantino, Planning and Development, stated that the applicant is requesting to rezone the
subject property from M-1 Light Industrial to GC General Commercial. The change in zoning alters
the allowed uses for the existing property and effectively transitions the property from a retired
zoning district to a zoning designation more appropriate for the immediate area. Mr. Constantino
explained that changing the zoning of the subject property from M-1 Light Industrial to GC General
Commercial alters the allowed uses and allows for increased marketability of the subject property.
Located along University Drive East, the property is situated along a corridor which has been
established for providing regionally significant commercial activity. The proposed rezoning would
allow for increased marketability by permitting land uses with more intensive development activity.
The applicant has expressed that the limited land uses permitted by right in the retired M-1 Light
Industrial zoning district does not match the highest and best use of the property or subject area, and
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the rezoning to GC General Commercial will allow the applicant to market to a wider array of
potential tenants.
The Planning and Zoning Commission considered this item on September 5, 2019 and voted 6-1 to
recommend approval. Staff also recommends approval.
At approximately 7:35 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:35 p.m.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to adopted Ordinance 2019-4123,
amending Appendix A, “Unified Development Ordinance,” Article 4, Zoning Districts,” 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 M-1 Light Industrial to GC General Commercial for
approximately 1.3 acres of land generally located at 3030 University Drive East. The motion carried
unanimously.
7. 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.
Councilmember Harvell requested a future agenda item to discuss the residential zoning regulations
regarding a possible vegetation buffer and tree protection.
Councilmember Harvell requested an update on the collection of taxes from short term rental
operators such as Airbnb.
8. Adjournment.
There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council
at 7:42 p.m. on Thursday, September 12, 2019.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary