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Home My WebLink About12/12/2013 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION cer DECEMBER 12, 2013 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Kelly Templin, 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 Berry at 7:15 p.m. on Thursday, December 12, 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. Citizen Comments Judith Beckmann, 9301 Amberwood Court, says she wants to sell her house, but the Utility Department abused the easement, and she cannot market her home. She is being held hostage in College Station OSHA does not feel it is an appropriate solution, and she just wants to get out of College Station. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • November 25, 2013 Workshop • November 25, 2013 Regular Council Meeting RM120913 Minutes Page 1 2b. Presentation, possible action, and discussion regarding adoption of the 2014 Annual Council Calendar. 2c. Presentation, possible action, and discussion of a Contract for Sale of Real Estate, for the sale of real property located at 210 Technology Way to StataCorp, LP in the amount of $1,090,000. 2d. Presentation, possible action and discussion to approve extending the closing date for the sale of the First Street Property to Asset Plus Realty Corporation. 2e. Presentation, possible action and discussion on a property tax refund to DWS Development in the amount of $9,110.51. 2f. Presentation, possible action, and discussion regarding a contract for a design services for sidewalk construction on Dominik Dr., San Pedro/Westridge, and Park Place in the amount of $58,000 to Civil Engineering Consultants, Inc. 2g. Presentation, possible action and discussion regarding the renewal of four Master Agreements for Real Estate Appraisal Services: S.T. Lovett & Associates (Contract No. 13- 040); Integra Realty Resources - Houston (Contract No. 13 -041); Atrium Real Estate Services (Contract No. 13 -042); Integra Realty Resources - Austin (Contract No. 13 -043). Each Master Agreement will not exceed $35,000. Approval of the renewal of these agreements will authorize the City Manager or his delegate to approve Service Orders for each project within the terms of each Master Agreement. 2h. Presentation, possible action, and discussion on Resolution 12- 12- 13 -2h, approving a Texas Commission on Environmental Quality (TCEQ) and Brazos Valley Council of Governments Grant Application (BVCOG) in the amount of $10,200. Item 2c was pulled for a separate vote. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less item 2c. The motion carried unanimously. (2c)MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted six (6) for and none (0) opposed, with Councilmember Brick recusing herself, to approve a Contract for Sale of Real Estate, for the sale of real property located at 210 Technology Way to StataCorp, LP in the amount of $1,090,000. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2013- 3541, am ending the Comprehensive Plan — Future Land Use & Characte r Map from Suburban Commercial and Natural Areas - Reserved to General Commercial and Natural Areas- Reserved for the property located at 2560 Earl Rudder Freeway South; RM120913 Minutes Page 2 approximately 11.4 acres at the corner of Earl Rudder Freeway South and Harvey Mitchell Parkway. Teresa Rogers, Staff Planner, provided an overview of the proposed Comprehensive Plan amendment. Suburban Commercial, General Commercial, and Natural Areas - Reserved were defined. The Comprehensive Plan goals were also reviewed. Options for action include: • Accept the applicant's proposal of amending the Comprehensive Plan to General Commercial and Natural Areas- Reserved designations; • Deny the applicant's proposal and maintain the Suburban Commercial and Natural Areas Reserved designation on the Comprehensive Plan; and • Propose an alternative land use and character designation for this property. At approximately 7:26 p.m., Mayor Berry opened the Public Hearing. Veronica Morgan (Morgan & Mitchell), 511 University Drive, said she is here on behalf of the applicant. She spoke in favor of the request. Danny & Susan Clancy, 2723 Fontana, Houston, Texas, spoke in favor of the project. They would like to see a nice restaurant there. The amenity of the lake would be a good place to do that. Fain McDougal, 4150 Shadowbrook Circle, spoke in favor of the project. There being no further comments, the Public Hearing was closed at 7:39 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013- 3541, amending the Comprehensive Plan — Future Land Use & Character Map from Suburban Commercial and Natural Areas - Reserved to General Commercial and Natural Areas- Reserved for the property located at 2560 Earl Rudder Freeway South; approximately 11.4 acres at the corner of Earl Rudder Freeway South and Harvey Mitchell Parkway. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding an Ordinance 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 approximately 0.76 acres for Gateway Subdivision, Lot 3D, Block 1 at 180 Forest Drive, generally located adjacent to the Gateway Villas Development from 0 Office to GC General Commercial. This item has been postponed to January 9, 2014. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2013- 3542, amending Chapter 12, "Unified Development Ordinance," Section 12 -3.4, "Plat Review," and Section 12 -3.18, "Administrative Adjustment," of the Code of Ordinances of the City of College Station, Texas regarding title reports, tax certificates, and administrative adjustments. RM120913 Minutes Page 3 Jason Schubert, Planning and Development Services, updated the Council on process improvements to the UDO. The summary of amendments included: • Tax Certificates - Required by State law to file a plat for record — Postpone required submission of them from the time of application to before the plat is filed. • Administrative Adjustments (up to 10% variance) — Currently only available for zoning and parking dimensions. — Expand authority to allow for any numeric requirement in UDO. • Other Administrative Changes — Staff will track title reports and proof of authority documents so they can be used by applicants for multiple applications. At approximately 7:49 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:49 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013- 3542, amending Chapter 12, "Unified Development Ordinance," Section 12 -3.4, "Plat Review," and Section 12 -3.18, "Administrative Adjustment," of the Code of Ordinances of the City of College Station, Texas regarding title reports, tax certificates, and administrative adjustments. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion regarding an Ordinance amending Chapter 11, "Utilities ", of the Code of Ordinances of the City of College Station Texas, by adopting Section 12, relating to the creation of Municipal Utility Districts; establishing procedures for the review and approval to create Municipal Utility Districts within the City or the City's Extraterritorial Jurisdiction; requiring deposits for costs incurred; requiring prerequisite documentation for consent and providing for other matters relating to the subject and amending Chapter 14, "Service Fees ", Section 14 -6, "Development Services" of the Code of Ordinances of the City of College Station, Texas by adding Subsection B, relating to the fees to be paid in conjunction with the creation and operation of Municipal Utility Districts. This item was postponed to January 9, 2014. 5. Public Hearing, presentation, possible action and discussion of Ordinance 2013 -3543, amending Chapter 10 "Traffic Code ", to remove parking along both sides of Munson Avenue from Lincoln Avenue to Rose Circle. Troy Rother, Traffic Engineer, briefed the Council on the proposed removal of parking along both sides of Munson Avenue from Lincoln Avenue to Rose Center. The plan will improve the safety of vehicles at the intersection. Staff recommends approval of the proposed ordinance. At approximately 8:01 p.m., Mayor Berry opened the Public Hearing. RM120913 Minutes Page 4 Mike Ashfield, 1201 Royal Adelaide, expressed concerns about how far back the no- parking zone will push the cars farther down the street. Cars may be pushed back farther down the street and into side streets. Deirdre Cannon, 1306 Walton, reminded Council of the traffic issues when Munson was first opened up. She sees this as another headache. Cars will just park a little further back. She proposed that Munson be widened to accommodate parking and thru- traffic. There being no further comments, the Public Hearing was closed at 8:05 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2013- 3543, amending Chapter 10 "Traffic Code ", to remove parking along both sides of Munson Avenue from Lincoln Avenue to Rose Circle. The motion carried unanimously. 6. Presentation, possible action, and discussion of Resolution 12- 12- 13 -06, Purchase & Sale Agreement, and Economic Development Agreement between the City, Research Valley Partnership, and PM Realty Group regarding the Chimney Hill Shopping Center. Randall Heye, Assistant to the City Manager, reminded Council that in January 2012, the City received a notice of unsolicited interest in the Chimney Hill Shopping Center. Council directed staff to sell the entire site and to issue a "Request for Interest ". Seven statements of interest were received. In June 2013, Council directed staff to begin negotiations with PM Realty Group. Purchase and Sale Agreements will be between the City and Research Valley Partnership, and fhair Research Valley Partnership and PM Realty Group. The purchase price is $7.5 million with $50,000 Earnest Money. Proposed incentives include: • Sold to PMRG through an "independent foundation" (RVP) • Development Fast Tracking & Inspection • Waiver of initial application costs (up to $3,227.50 representing an 80% cost recovery of staff's time) PMRG's obligations will include $14.67 million in annual sales ($220,000 sales tax revenue); $40 million ad valorem value ($170,000 property tax revenue); 200 employment positions with quarterly reporting; and Phase 1 coming in September 30, 2015, with Phase 2 in March 31, 2017. The City's Clawbacks include that PMRG will pay the tax liability difference if they do not meet their obligation. There is a 150 -day inspection period, with an anticipated June 2014 closing. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to approve Resolution 12- 12-13-06, Purchase & Sale Agreement, and Economic Development Agreement between the City, Research Valley Partnership, and PM Realty Group regarding the Chimney Hill Shopping Center. The motion carried unanimously. 7. Presentation, possible action, and discussion regarding an overview of the 2013 College Station Existing Conditions Report. RM120913 Minutes Page 5 Matt Robinson, Planning and Development Services, provided Council with an overview of the Comprehensive Plan Five Year Review (Existing Conditions Report). The assessment of existing conditions looks at various elements, such as locational context & the land; demographics; economic development, existing land use, public facilities, infrastructure and services, and transportation. The Plan is evaluated every five years, with a thorough Plan update at least every ten years. There is also ongoing community outreach and engagement. There are several planning assumptions: • Projected 2030 population = 134,000 • Projected Texas A &M enrollment cap = 50,000 students • Fastest growing age group is 50 and older • Student population continues to grow, but their share of population is declining (less than 50% today versus 60% in 1990). • % of 2000 -08 platted lots in ETJ = 18 %. The City's average growth rate from 2003 to current is 2.47% with an increase in percentage of senior population. TMAU saw a 4% increase in first -time student enrollment in Fall 2013, with an overall increase of 7% in total enrollment. CSISD enrollment was also up 5.5 %. Economic development is going strong with various major employers in the metropolitan area. Over 51% of College Station residents had a college degree. The unemployment rate is 6.1% (lower than both the Texas and national rate); employment is growing at an average of 1.3% over the past ten years. 49% of land area is designated for residential uses, and approximately 33% of land is developed as residential. 9% of land area is designated for commercial uses, with approximately 6% of land developed as commercial. It was also reported that major crime offenses are down 19% from 2011. The Fire Department achieves a 5.5 minute response time 87% of the time. There 57 parks totaling 1,356 acres of park land. That equates to 13.59 acres of parkland per 1,000 residents. CSU serves more than 36,000 customers. We have 525 miles of existing and planned streets in the City and ETJ, 156 miles of existing sidewalks, and 44 miles of striped bike lanes. Public Hearings will be held, and staff anticipates completion of the five -year evaluation and appraisal report by May or June of 2014. No action was taken. 8. Presentation, possible action, and discussion regarding the appointment of Councilmembers to boards and commissions. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to appoint Karl Mooney, with Julie Schultz as alternate, to the CVB. The motion carried unanimously. 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 Steve Aldrich to the Arts C oor Council. The motion carried unanimously. RM120913 Minutes Page 6 9. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 8:43 p.m. on Thursday, December 12, 2013. Nancy Be ' , Mayor ATTEST: , / 4 .o4AAAA herry i.hburn, City Secretary L RM120913 Minutes Page 7 ,. ° „ „ ,� 2013 . Employee Recognition CITY OF COLLEGE STATION Congratulations to our award nominees and recipients! EMPLOYEE OF THE YEAR NOMINEES JON BLALOCK ELECTRIC UTILITY PAT KRAUSE WATER SERVICES ERIK BODHOLT IT DEPT JESSE MALLORY IT DEPT COURTNEY COLLINS FISCAL SERVICES GARRETT MARTINEK PUBLIC WORKS RAMONA EMBRY PARKS & REC BRENDA MARTZ FISCAL SERVICES - ANDY GARCIA PUBLIC WORKS MIKE NEU PUBLIC COMM ALAN GIBBS PLANNING & DEV TROY ROTHER PUBLIC WORKS CHADD HARKRIDER FISCAL SERVICES LA KEISHA SMITH ELECTRIC UTILITY BRIAN HENRY ELECTRIC UTILITY BRANDI WHITTENTON FISCAL SERVICES KELLY KELBLY PARKS & REC LT. JIMMY YOW FIRE DEPT SERVICE AWARD RECIPIENTS LAST NAME FIRST NAME DEPARTMENT YEARS LAST NAME FIRST NAME DEPARTMENT YEARS ARNOLD JASON POLICE DEPT 5 SCHMITZ DAVID PARKS & REC 5 BARGAS PHILIP PUBLIC WORKS 5 SMITH LAKEISHA ELECTRIC UTILITY 5 BRACEWELL WILLIAM ELECTRIC UTILITY 5 SMITH SHASI FISCAL SERVICES 5 BRIDGES ERIKA PLANNING & DEV 5 TRACY JOSEPH POLICE DEPT 5 BROWER DAVID PLANNING & DEV 5 VARGAS DEE DEE GENERAL GOVT 5 BROWN SHERRY FISCAL SERVICES 5 VILLALPANDO ROBERT WATER SERVICES 5 CLARK LARRY POLICE DEPT 5 WATSON RICKY PUBLIC WORKS 5 CLEMENTS RYAN POLICE DEPT 5 WEGMANN MARK PUBLIC WORKS 5 DAVIS LISA FISCAL SERVICES 5 WENSKE CORY POLICE DEPT 5 DOMINGUEZ MARISIA FIRE DEPT 5 BARRINGER MARIE FISCAL SERVICES 10 FALKE ERIC FIRE DEPT 5 BIRDWELL JUSTIN POLICE DEPT 10 FISHER MARIA POLICE DEPT 5 BOSQUEZ GINA PLANNING & DEV 10 FISHER MICHAEL POLICE DEPT 5 CLINKSCALES LEWIS FIRE DEPT 10 GARCIA MICHAEL WATER SERVICES 5 COLLINS COURTNEY FISCAL SERVICES 10 GARZA VENESSA PLANNING & DEV 5 DAFTARIAN STEVEN WATER SERVICES 10 GIVEN JEFFREY PUBLIC WORKS 5 HILTON BRIAN FIRE DEPT 10 GUAJARDO JENNIFER FISCAL SERVICES 5 MCNEELY JAMES FIRE DEPT 10 HALL ZACHARY FIRE DEPT 5 PALDO JAMES PUBLIC WORKS 10 HAUSENFLUCK LANCE PARKS & REC 5 PAYTON ANDREA GENERAL GOVT 10 HEJNY KRISTEN PLANNING & DEV 5 ROBINSON FREDERICK WATER SERVICES 10 HUTH JONATHAN POLICE DEPT 5 ROTHER TROY PUBLIC WORKS 10 JOHNSON MARGARET WATER SERVICES 5 SCHOELLMAN JOHN POLICE DEPT 10 KNIGHT TODD ELECTRIC UTILITY 5 SLENTZ ROBERT WATER SERVICES 10 LE LONG POLICE DEPT 5 VOITIER KIMBERLY ELECTRIC UTILITY 10 MALDONADO STEPHEN WATER SERVICES 5 ALLEN DARRIN FIRE DEPT 15 MCNUTT TANYA GENERAL GOVT 5 ALVAREZ LEEANN POLICE DEPT 15 MUCKELROY MAURICE PUBLIC WORKS 5 ANDERSON DAMIAN POLICE DEPT 15 POND ALISON GENERAL GOVT 5 BALLARD JON FIRE DEPT 15 RICHARDSON STEPHAN PARKS & REC 5 BODHOLT ERIK IT DEPT 15 RYAN RICHARD PUBLIC WORKS 5 BROADHURST DIANE WATER SERVICES 15 r1 f111 ''f T ._ 1 T) .�' Z 1 J r iriployee n ec ognit101i SERVICE AWARD RECIPIENTS (continued) LAST NAME FIRST NAME DEPARTMENT YEARS LAST NAME FIRST NAME DEPARTMENT YEARS CARRILLO MORRIS POLICE DEPT 15 MUMFORD ROBERT FIRE DEPT 20 CARSON MITCHEL WATER SERVICES 15 MURPH ANDREW POLICE DEPT 20 CHAVARRIA LAWRENCE WATER SERVICES 15 RODGERS MARCI PARKS AND REC 20 COOKE KEITH ELECTRIC UTILITY 15 RUCKER KYMBERLI PUBLIC WORKS 20 HARKRIDER CHADD FISCAL SERVICES 15 SAVAGE EDWIN WATER SERVICES 20 HARRIS CHARLES PARKS & REC 15 SMITH BRIAN WATER SERVICES 20 JORDAN DUSTIN POLICE DEPT 15 VESSEL RICK POLICE DEPT 20 KELLER KRISTINA FISCAL SERVICES 15 WALLACE MELVIN WATER SERVICES 20 KRAUTER BLAINE POLICE DEPT 15 WILLIAMS VICTORIA PUBLIC WORKS 20 LUEDECKE MANDI IT DEPT 15 YOUNG KATHY POLICE DEPT 20 MAREK MATTHEW ELECTRIC UTILITY 15 ANDERSON CRAIG POLICE DEPT 25 MONTGOMERY MICHAEL ELECTRIC UTILITY 15 BRADSHAW WILLIAM FIRE DEPT 25 PALDO CARLTON PUBLIC WORKS 15 CONELEY GARY WATER SERVICES 25 RAY RANDALL PARKS & REC 15 DEAN JERRY POLICE DEPT 25 REITER KATHRYN POLICE DEPT 15 MACK JAMES FIRE DEPT 25 ROBINSON CARLA LEGAL DEPT 15 MARTINEZ GILBERT ELECTRIC UTILITY 25 SAENZ ANDREW PARKS & REC 15 MC NEILL III DANIEL FIRE DEPT 25 SCHOESSOW CURTIS PUBLIC WORKS 15 RODGERS GREGORY FIRE DEPT 25 ;,_., SMITH BRADFORD POLICE DEPT 15 SHARP SUSAN PLANNING & DEV 25 , .3, THOMPSON FRANK PARKS & REC 15 STONE CHARLES PLANNING & DEV 25''" ".L;' TURNEY CHERYL FISCAL SERVICES 15 URRUTIA VALENTIN PUBLIC WORKS 25 #, ': VARNER JOSHUA FIRE DEPT 15 PLAGENS ROBERT WATER SERVICES 30' YOW JIMMY FIRE DEPT 15 ROBINSON LEE PUBLIC WORKS 30 BOYETT CRAIG POLICE DEPT 20 SUROVIK JR. FRED WATER SERVICES 30 CAPPS JEFFREY POLICE DEPT 20 GOEHL THOMAS FIRE DEPT 35 CHAVARRIA JR. OSCAR PLANNING & DEV 20 GONZALEZ LUIS PUBLIC WORKS 35 DURHAM JEFFREY POLICE DEPT 20 MOORE DAVID FIRE DEPT 35 GALVAN TOMMY PUBLIC WORKS 20 STEVENER GARY FIRE DEPT 35 KING JERRY PUBLIC WORKS 20 THRAEN THOMAS FIRE DEPT 35 _ ,...,, AFFIDAVIT OF CONFLICT OF INTEREST STATE OF TEXAS COUNTY OF BRA OS I, ,, � �le , j / , , „ r as a member of the City of ,,/ / � ;l .}''J/K /j/ make this affidavit and hereby, on oath, st„ e the following: I, and /or a person or persons related to me, have a substantial interest in a b iness entity that would be peculiarly affected by a vote or decision of the City 2 4 (40/ as those terms are defined in Chapter 171, Texas Local Government Code. , a The business entity is: 10��G %� oi A ,� d / ei (have/has) a substantial interest in this business entity for the following reasons: (Check all that are applicable.) n I own 10% or more of the voting stock or shares of the business entity; ❑ I own either 10% or more or $5,000 or more of the fair market value of the business entity; ❑ Funds received by me from the business entity exceed 10% of my gross income for the previous year; ❑ Real property is involved and (I /we) have an equitable or legal ownership with a fair market value of $2,500 or more; V�A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this 71 day of ,4 , 2O/ / Signature of Official Ti 41/fieV Waa' / BEFORE ME, the undersigned authority, on this day personally appeared , who after being by me duly sworn and on his oath deposed and says that he /she has ready the above and foregoing and that every statement contained therein is with his/her personal knowledge and is true and correct. 4 ,.►�� <, SHERRY MASHBURN mi l,_ Notary publ �,�, of T exas " 7 My commission Expires Notary Public, State of Texas • ., ' JULY 26, 2015