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HomeMy WebLinkAbout01/26/2012 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JANUARY 26, 2012 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry Council: Blanche Brick Jess Fields Karl Mooney Katy-Marie Lyles Julie Schultz Dave Ruesink City Staff: r~ David Neeley, City Manager Kathy Merrill, Deputy City Manager Frank Simpson, 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 7:04 p.m. on Thursday, January 26, 2012 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. Presentations and Recognitions: • Special recognition to the Parks Department from Texas Public Pool Council for Agency of the Year. Mayor Berry and the City Council recognized the Parks Department for receiving the Agency of the Year award from the Texas Public Pool Council. ~ow RM012612 Minutes Page 1 Citizen Comments There were no Citizen Comments. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • January 12, 2012 Workshop and Regular Council Meeting 2b. Presentation, possible action and discussion on authorizing the payment of $570,783.58 to Brazos County for repayment of unspent funds in TIRZ #1. 2c. Presentation, possible action, and discussion on approving an annual blanket purchase order for the purchase of replacement parts and components for City vehicles from Varsity Ford - Lincoln (College Station, TX) for the amount of $60,000.00. 2d. Presentation, possible action, and discussion on approving annual tire purchases from Pilger's Tire & Auto Center through the State of Texas (TXMAS) Tire Contract in the amount of $185,000.00. 2e. 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 $110,000.00. 2f. Presentation, possible action, and discussion regarding Resolution 01-26-12-2f, the City's Tax Abatement Guidelines. This item will also be presented in the Workshop. Item 2f was pulled for a separate vote. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Lyles, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less item 2f. The motion carried unanimously. (2f)MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Lyles, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to adopt Resolution 01-26=12-2f, the City's Tax Abatement Guidelines. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion on Ordinance 2012-3393, Budget Amendment #1 amending ordinance number 3371 which will amend the budget for the 2011-2012 Fiscal Year in the amount of $8,520,217 and presentation, possible action and discussion on four interfund transfers. RM012612 Minutes Page 2 At approximately 7:16 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:16 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Mooney, the City Council voted six (6) for and one (1) opposed, with Councilmember Fields voting against, to adopt Ordinance 2012-3393, Bud get Amendment #1 amending ordinance number 3371 which will amend the budget for the 2011-2012 Fiscal Year in the amount of $8,520,217 and presentation, possible action and discussion on four interfund transfers. The motion passed. 2. Public Hearing, presentation, possible action, and discussion regarding a Ordinance 2012-3394, amending Chapter 12, Unified Development Ordinance", Section 4.2, "Official Zoning Map", of the Code of Ordinances, more specifically, rezoning from R-3 Townhouse to R-4 Multi-Family Residential for 10.434 acres located at 4050 Holleman Drive South, generally located south of the Las Palomas Subdivision. At approximately 7:31 p.m., Mayor Berry opened the Public Hearing. Greg Jasper, 1422 Spring Loop, stated he was the owner and was available for questions. There being no further comments, the Public Hearing was closed at 7:32 p.m. MOTION: Upon a motion made by Councilmember Lyles and a second by Councilmember Schultz, the City Council voted six (6) for and one (1) opposed, with Councilmember Mooney voting against, to adopt Ordinance 2012-3394, amending Chapter 12, Unified Development Ordinance", Section 4.2, "Official Zoning Map", of the Code of Ordinances, more specifically, rezoning from R-3 Townhouse to R-4 Multi-Family Residential for 10.434 acres located at 4050 Holleman Drive South, generally located south of the Las Palomas Subdivision. The motion passed. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2012- 3395, amending 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 2.39 acres located at 12900 Old Wellborn Road, generally located at the intersection with North Graham Road, from A-O Agricultural Open to PDD Planned Development District. At approximately 7:51 p.m., Mayor Berry opened the Public Hearing. Mike Gentry, 1515 Emerald Parkway, stated he represented the applicant and provided some background. There being no further comments, the Public Hearing was closed at 7:58 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2012- RM012612 Minutes Page 3 3395, amending 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 2.39 acres located at 12900 Old Wellborn Road, generally located at the intersection with North Graham Road, from A-O Agricultural Open to PDD Planned Development District. The motion passed unanimously. 4. Public Hearing, presentation, and discussion regarding an ordinance amending Chapter 10, "Traffic Code" Section 6 "Parking, standing, or storing of Recreational Vehicles, trailers, or trucks in residential areas." Section B "Regulations" of the Code of Ordinances. At approximately 8:07 p.m., Mayor Berry opened the Public Hearing. Robert Lightfoot, 1017 Rose Circle, stated the first he heard about this was a note tacked to his door, but he feels better after hearing what said tonight. He would like to participate on a committee to study this issue. Suzanne Droleskey, 1109 Ashburn Avenue, asked Council what problem are we solving? Property values are based on the structure/improvements and not on vehicles parked on the property. It is not a health and safety issue; it is a matter of aesthetics. It is not the City's business to determine the aesthetics in a neighborhood. The neighborhood associations should determine what is best for the neighborhood. This can create an unfair economic burden on property owners to either build fences or obtain a storage facility. People who already have this LW should be grandfathered in. Wendy Wolfe 2924 Camille Drive spoke against changing the current ordinance. There is not a problem and should be left as it is. Her neighborhood has its own restrictions. The Council should not impose additional restrictions on neighborhoods. The City government should not be involved in what they do in their own driveway, and it will very difficult and expensive to enforce. How will it be tracked? There are also circumstances that demand flexibility. This kind of ordinance can set neighbor against neighbor. Bob Bilberry, 2738 San Felipe, stated he is deeply offended that the City government feels they can tell him what kind of vehicle he can park in his driveway. He thanked the Council for the opportunity to provide input. Dean Thompson, 1020 Rose Circle, there are a lot of RV owners like him - on a fixed income. His RV is the same size as his Toyota SUV. He is opposed to this change. Anne Carter, 4685 Potter Lane, stated her opposition to this change. She asked for a fair use of her land. She asked how this could be grandfathered, especially if the home is sold? This will pit neighbor against neighbor. What about bikes and kids' toys? Michael Paulus, 2906 Arroyo Court, stated his opposition to the change. He owns a boat. It requires a electrical connection to keep the battery charged. His garage is too narrow and he has too many trees to place a fence. Also, there is not enough storage to accommodate all the RM012612 Minutes Page 4 vehicles that would have to be stored. He would hate to see Code Enforcement become a tool that the HOA would use to enforce/change restrictions. Kathleen Brooks, 1211 King Arthur, this issue came up several years ago when the new City Planner wanted to remove all the vehicles from the yards, streets, etc. This is a poor idea; she does not have a large income. The only way she can have a vacation is to not pay $500 per month to store her RV. John Grillo, 1805 Langford, stated he has a motor home that needs work all the time. Will he have more than 72 hours to do repairs? It takes a day and a half to change a tire. He has spent the last few days repairing the roof. Most storage facilities do not have power to keep the batteries charged, so he has to maintain that. Security is also an issue; he feels it is safer in his own yard. Myra Bright, 7701 Sherman Court, stated she has lived in her home 34 years, and they have had RV's that whole time. She hopes any amendment will be for new subdivisions and not forced on those that have been there all along. Mike Fulfer, 14537 South Dowling Road, stated his agreement with everything said so far. We brag about diversity, and deed restrictions allow each neighborhood to be diverse. The old ordinance has a $125 maximum fine; the new fee is $500. He questions the motive when he sees something like that. The City should not regulate what a private homeowner wants to do with his land. Roland Dwight Huskey, 3002 Longleaf, stated he is on a limited income. He cannot put his travel trailer in his back yard. He would have to sell it. This is going to hurt a lot of people. David Levias, 1207 Berkley, signed up, but did not speak. Robert L. Smith, 609 Banks Street, stated he owns an RV and moved to the area he is in because he could have his RV at his home. He has no space in the backyard to park his RV. Also, RV's at storage facilities are subject to vandalism, and he cannot afford those repairs, let alone the cost of the storage facility. Tyler Bradfield, 1709 Austin, Avenue, stated most of his points have been made. This issue is about lifestyle choices. Having a boat is key to participating in events and sports, but storage costs are not affordable. Rick Heaney, 2511 Merrimac Court, stated he researched before he bought his $100,000 RV to be sure he could keep an RV at his home. He learned he could. His neighbor put in concrete pads to park his RV's. That is an expense that cannot be recouped. Additional costs to store an RV or to build a fence are a challenge. Can he keep a pickup truck in his drive? This will also create additional work for the Code Enforcement people. HOA's are the ones to handle this. Steve Gossett, 1215 King Arthur, he has a large tree that would have to be removed before he could move his vehicle to the back. He is opposed to this change. If the change goes forward, RM012612 Minutes Page 5 he asked that Council make it only for new development and not retroactive to neighborhoods that are already exempt. David Anderson, 2704 Brookway, said he owns an airboat and asked why the City and the state are piling on these laws. Paul Manley, 110 Ridge Crest, stated that for some people, these recreational vehicles are considered necessary for income. He paid for his college education with his fishing boat. It stays in his driveway for convenience. It is a way of life and income and is not just recreational. Mr. Manley also submitted written comments. Harold Claus, 2709 Brookway, says he lives across from the airboat, and it is not a nuisance. Robert Droleskey, 1109 Ashburn, submitted written comments. Timothy Scott, 1103 Haley Place, submitted written comments. Cody Collins, 3300 Bluestein, submitted written comments. Weston Brown, 103 Oak Trail, submitted written comments. Paul Manley, 1110 Ridge Crest, submitted written comments. There being no further comments, the Public Hearing was closed at 8:47 p.m. The consensus of the Council was to direct staff to not go forward with the proposed ordinance amending the regulation of parking, standing, or storing of recreational vehicles, trailers, or trucks in residential areas. 5. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 9:11 p.m. on Thursday, January 26, 2012. Nancy Berry, Mayor ATTEST: Sherry Mashb City -secretary e RM012612 Minutes Page 6 ~ ~ ~ ~ ~ /