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HomeMy WebLinkAbout02/27/2014 - Regular Minutes City Council 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION C y FEBRUARY 27, 2014 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, absent City Staff: Kelly Templin, City Manager Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager 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 7:14 p.m. on Thursday, February 27, 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. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, to approve Councilmember Benham's absence request. The motion carried unanimously. Citizen Comments Ben Roper, 5449 Prairie Dawn Court, honored the life and sacrifice of Staff Sgt. Brian T. Craig who died in the service of his country on April 13, 2002. I L RMO22714 Minutes Page 1 CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • February 13, 2014 Workshop • February 13, 2014 Regular Council Meeting 2b. Presentation, possible action and discussion regarding the annual traffic contact report required annually by Senate Bill 1074, of the Texas 77th legislative session. 2c. Presentation, possible action, and discussion as it relates to the appointment of a member, representing the City of College Station, to the Aggieland Humane Society board, formerly named the Brazos Animal Shelter. 2d. Presentation, possible action, and discussion of construction contract no. 14 -155 with Bayer Construction Electrical Contractors, Inc. in the amount of $353,514.00 for traffic signal improvements at the intersection of Rio Grande and FM 2818, Project No. ST- 1307. 2e. Presentation, possible action and discussion regarding construction contract no. 14 -170 with Kieschnick General Contractors, Inc., in the amount of $1,156,890.50 for the Royder - Live Oak Sewer Extension Project. 2f. Presentation, possible action, and discussion regarding the purchase of services and equipment for upgrading the Audio Visual capabilities of the Council Chambers and approval of the contract with Avinext in the amount of $120,731.58. 2g. Presentation, possible action, and discussion regarding Ordinance 2014 -3552, updating water tap fees to reflect current costs. 2h. Presentation, possible action, and discussion regarding the ratification to terminate the Spherion Staffing LLC contract (13 -370). 2i. Presentation, possible action and discussion regarding the second renewal of the annual price agreement for wire and cable with Techline for an amount not to exceed $809,550. 2j. Presentation, possible action, and discussion regarding Resolution 02- 27- 14 -2j, to authorize and designate the City Manager to sign all required Action Plan applications, grant agreements, certifications, evaluations, and other forms and agreements required by the U. S. Department of Housing and Urban Development for all Community Planning and Development Grant Programs for program years 2007 - 2013 on behalf of the City of College Station. 2k. Presentation, possible action and discussion regarding approval of an Encroachment Agreement between Explorer Pipeline Co., the City of College Station, Dos Dorado Development, LLC d/b /a 3 -D Development and BCS Development Co. permitting an extension of WS Phillips Parkway to encroach into an existing pipeline easement. (ku RMO22714 Minutes Page 2 MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Aldrich, 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, possible action, and discussion approving Ordinance 2014- 3553, vacating and abandoning a 0.207 -Acre portion of Hawthorne Street Right -of -Way, which is located at 807 Holleman Drive between Winding Road and Glade Street within the Woodson Village, Fifth Installment Subdivision according to the plat recorded in Volume 316, Page 353 of the Deed Records of Brazos County, Texas. Alan Gibbs, City Engineer, briefed the Council on the proposed right -of -way abandonment. This abandonment is conditioned that these lots will be replatted as a single lot. At approximately 7:24 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:24 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Aldrich, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2014 -3553, vacating and abandoning a 0.207 -Acre portion of Hawthorne Street Right -of -Way, which is located at 807 Holleman Drive between Winding Road and Glade Street within the Woodson Village, Fifth Installment Subdivision according to the plat recorded in Volume 316, Page 353 of the Deed Records of Brazos County, Texas. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3554, amending Chapter 12, "Unified Development Ordinance," Section 12 -4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by rezoning approximately 11.3 acres from PDD Planned Development District and R -4 Multi- Family to PDD Planned Development District for Northpoint Crossing Subdivision Lots 1 & 2, Block 1, North Park Subdivision Lots 2 -4, Block 1, a 0.345 -acre tract in the J.E. Scott League A -50, and a 0.055 -acre tract of abandoned right -of -way recorded in Volume 10778, Page 243 of the Official Records of Brazos County, Texas, generally located at 410 Texas Avenue. Jason Schubert, Planning and Development Services, reported that Mixed Use development is only permitted by right in the Northgate and Wolf Pen Creek zoning districts, so a planned development zoning is necessary. There are some modifications to the standard zoning districts to help create a mixed use environment. Staff is only authorized to approve minor changes such as minor building or parking additions, etc. Meritorius modifications include: • Clarify landscape, parking island, and sidewalk standards along Hensel Street; and • Add hanging signs that are allowed in Northgate and revising some wayfinding, low profile, light pole, and attached sign standards. The Planning and Zoning Commission considered this item at their February 6, 2014 meeting and voted 7 -0 to recommend approval of the rezoning request. RMO22714 Minutes Page 3 At approximately 7:40 p.m., Mayor Berry opened the Public Hearing. L Veronica Morgan, 511 University Drive, said she was here to answer any questions. They are not reducing any parking requirements. There being no further comments, the Public Hearing was closed at 7:42 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2014 -3554, amending Chapter 12, "Unified Development Ordinance," Section 12 -4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by rezoning approximately 11.3 acres from PDD Planned Development District and R -4 Multi - Family to PDD Planned Development District for Northpoint Crossing Subdivision Lots 1 & 2, Block 1, North Park Subdivision Lots 2 -4, Block 1, a 0.345 -acre tract in the J.E. Scott League A -50, and a 0.055 -acre tract of abandoned right -of -way recorded in Volume 10778, Page 243 of the Official Records of Brazos County, Texas, generally located at 410 Texas Avenue. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3555, amending the Comprehensive Plan - Future Land Use & Character Map from Estate to Suburban Commercial for approximately 5.4 acres at 1201 Norton Lane, generally located at the intersection of Norton Lane and Wellborn Road. Morgan Hester, Planning and Development Services, explained the proposed amendment to the �Comprehensive Plan. The definitions for "Estate ", and "Suburban Commercial" were provided. Comprehensive Plan goals were discussed and several options for action were presented: • Approval — Accept the applicant's proposal of amending the Comprehensive Plan to Suburban Commercial Designation; • Denial — the property will remain Estate as currently designated on the Comprehensive Plan; or • Propose an alternative land use and character designation for this property. The Planning and Zoning Commission considered this item at their February 6, 2014 meeting and voted 7 -0 to recommend approval of the Comprehensive Plan Amendment. 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 Schultz and a second by Councilmember Mooney, the City Council voted five (5) for and one (1) opposed, with Councilmember Nichols voting against, to adopt Ordinance 2014 -3555, amending the Comprehensive Plan - Future Land Use & Character Map from Estate to Suburban Commercial for approximately 5.4 acres at 1201 Norton Lane, generally located at the intersection of Norton Lane and Wellborn Road. The motion carried. 4. Presentation, possible action, and discussion regarding the approval of Ordinance 2014- 3556, amending Chapter 4 "Business Regulations" of the College Station Code of RMO22714 Minutes Page 4 Ordinances by amending Section 17 to include "Credit Access Businesses" which would provide registration requirements and credit extension guidelines for credit access businesses. David Brower, Community Services, provided an overview of the Payday Lending Ordinance and Credit Access Businesses (CAB). These are defined in Section 393.601 of the Texas Finance Code. CABs offer payday and auto title loans. Payday loans are small cash advances with two -week loan terms. These loans are unsecured, but a postdated check is required. With an auto title loan, the car title is used as collateral and has a one month loan term. If the borrower defaults, the lender can take the car. These types of loan products create cycles of debt. High fees are paid month after month, often with no reduction in the loan principal. There are currently five CABs in College Station, all on Texas Avenue between Harvey Road and Southwest Parkway. After receiving a call to action from the United Way's Financial Stability Committee concerning Payday and Auto Title Lending Activities, Council directed staff to bring a Payday Lending Resolution for their consideration, which was passed on January 10, 2013 calling on the State Legislature and Governor to take action to stop usurious lending by CABs that exploit economically vulnerable College Station citizens. The City of Bryan, as well as other Texas municipalities, passed similar resolutions in support of State action; however, the Legislature passed no significant regulation governing CABs during the 2013 Legislature. Legislation from 2011 basically makes sure that lenders make costs clear to borrowers in plain language warnings and requiring reports to the Office of Consumer Credit Commissioner. Data reported to the Texas Office of Consumer Credit Commissioner shows that over $2.4 million in fees were fly charged and 269 vehicles repossessed by CABs in the College Station/Bryan metropolitan area in 2012. The proposed ordinance is crafted from a model provided by the Texas Municipal League. Other cities across the State, including the City of Bryan, Denton, Balcones Heights, Flower Mound, Somerset, El Paso, San Antonio, Houston, Dallas, Austin, and most recently the City of Bellaire have enacted similar legislation. The purpose of this proposed ordinance is to protect the welfare of the citizens of the City of College Station by monitoring CABs in an effort to reduce abusive and predatory lending practices. Under the proposed ordinance: • A CAB must apply for and receive a certificate of registration from the City; • A CAB must maintain complete records of all loans made by the business for at least three years and make the records available to the City for inspection upon request; • The amount of a payday loan may not exceed 20% of the borrower's gross monthly income; • The amount of an auto title loan may not exceed the lesser of 3% of the borrower's gross annual income or 70% of the retail value of the motor vehicle; • Any loan from a CAB that provides for repayment in installments may not be payable in more than four installments, and the proceeds from each installment must be used to repay at least 25% of the principal amount of the loan. No renewals or refinancing of installment - payment loans are permitted; and • Any loan from a CAB that provides for a single lump sum repayment may not be refinanced or renewed more than three times, and the proceeds from each refinancing or renewal must be used to repay at least 25% of the principal amount of the loan. RMO22714 Minutes Page 5 1 Any loan made to a borrower within seven days of a previous loan being paid by the borrower constitutes a refinancing or renewal. The CAB is required to ensure that the borrower understands the terms of any agreement and must provide borrowers with a referral sheet to consumer credit counseling agencies and other financial education. There is a fine not to exceed $500 for each offence. If passed, the City would rely on citizen complaints at first to enforce the ordinance. Citizen education is also key. Standard monitoring practices will be developed. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance 2014 -3556, amending Chapter 4 "Business Regulations" of the College Station Code of Ordinances by amending Section 17 to include "Credit Access Businesses" which would provide registration requirements and credit extension guidelines for credit access businesses. The motion carried unanimously. 5. Presentation, possible action, and discussion regarding concepts related to a future Comprehensive Plan Amendment for the BioCorridor area. Molly Hitchcock, Planning and Development Services, reported on a future amendment to the Biocorridor Comprehensive Plan. Considerations include the Concept Map for the Presidential Corridor Gateway District, Community Assets and Image Corridors, and the Economic Development Master Plan. The existing land use designations include the Business Park and Suburban Commercial, but interest has been expressed for General Commercial. Jane Kee, Planning and Zoning Commission, stated that we need to look at the larger area; hotels are a consideration, but General Commercial may not be the way to go. David Neeley stated that if this is going to be an entry -way corridor, we will need to consider the aesthetics for the corridor and need to work with the City of Bryan for consistency. Council agreed with the staff recommendation to create one special overlay district that can provide guidance to the developers. Planning and Zoning can review requests on a case by case basis. Jim Jett, 5004 Congressional Court, said he may have initiated this discussion when he approached staff with a proposed zoning change. Everything he has heard from staff and Council has given him a comforting feeling. He likes the overlay concept; the PDD concept in the beginning is a little worrisome. Ms. Hitchcock said her understanding of the discussion is that General Commercial can be used along SH 47, the ILA can expand out further, and to create an overlay district for this area. 6. Presentation, possible action and discussion regarding appointments to the following boards and commissions: • Historic Preservation Committee Cy RMO22714 Minutes Page 6 1 1 The following were appointed to the Historic Preservation Committee: Jerry Cooper, Katherine Edwards, Tina Evans, Linda Harvell, and Louis Hodges. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to appoint Louis Hodges as Chair. The motion carried unanimously. 7. Adiournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 9:00 p.m. on Thursday, February 27, 2014. 0 1 ) X . U L4 g/ Nancy Berry, ayor ATTEST: Sherry Ma burn, City Secretary Y Y Y RMO22714 Minutes Page 7 l epi ,.. i r si . 4 . 4 M44% CITY OF COLLEGE STATION Horne of Mau AC-M Lin:versify' Absence Request Form For Elected and Appointed Officers Name James M Benham Request Submitted on February 7, 2014 11 I will not be in attendance at the meeting of February/ 2014 (Date) for the reason(s) specified: Traveling for Business f� i Sign c� -- / Lam This request shall be submitted to the office of the City Secretary or Board Secretary one week prior to the meeting date. - (