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HomeMy WebLinkAbout06/12/2014 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JUNE 12, 2014 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham Ci 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 7:03 p.m. on Thursday, June 12, 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. Proclamation reco'nizin' the Colle a Station Hi.h School Cou'ars for winnin' the Class 3A state baseball championship. Mayor Berry presented a proclamation to the College Station High School Cougars baseball team, recognizing them for the Class 3A championship. Citizen Comments Christine Stetter, 8606 Amber Hill, provided written comments, attached. Lynn Lawler, 2104 Spring Creek, provided written comments, attached. RM061214 Minutes Page 1 Gary Halter, 1204 Ashburn, reported on the town hall meeting of the Former Mayors Committee in April with almost 60 people in attendance. He noted there are a lot of angry people in the City. The City is not doing enough to enforce neighborhood integrity, and City ordinances are not being enforced. He also provided written comments, attached. Katy Lane, 2810 Wilderness Drive, expressed her concern with having a Blinn campus in their neighborhood, affecting traffic and neighborhood integrity. The online petition has gotten almost 300 signatures. She asked the Council to advocate for the neighborhoods, and represent the surrounding residents, and not alienate them. Dan Severn, 578 John Kimbrough, did not speak, but provided a pamphlet to the Council. Daniel Lench, 8728 Bent Tree Drive, President of the Emerald Forest HOA, spoke against the Blinn acquisition of the Lynntech property. The neighborhood has concerns regarding the increased traffic. The current infrastructure was not designed for 5,000+ students. The City will be forced to subsidize infrastructure improvements. There are other attractive options available to Blinn that will not negatively impact area neighborhoods. Ben Roper, 5449 Prairie Dawn Court, came before Council to honor the service and sacrifice of Chief Warrant Officer Scott Jamar. Denise Snyder, 8404 Turtle Rock Loop, asked the Council to place quality of life before growth. They will be unprecented traffic noise and congestion. Blinn has stated this is not a permanent location. When Blinn leaves, they will be left with empty buildings. Bryan has already expended millions for new infrastructure. She is also concerned with fracking in the area. They are using valuable water. We need local regulations to be sure the effluent is stored safely, and we need local regulations to safeguard our water supply. There is also a need for local air monitors. She also supports lowering the speed limit on Earl Rudder Freeway to 65 mile per hour. Patrick Siegert, 1101 Guadalupe, noted that the City logo says "Home of Texas A&M University". That is the identity of College Station. This is not a neighborly thing for Blinn to have done, and will never be. Bryan has provided the land and infrastructure for a permanent campus home. He addressed the loss of revenue and noted this take a performing asset in College Station and makes it a non-performing asset. He asked the City to rescind their support for Blinn's move and to encourage their move to Bryan. CONSENT AGENDA 2a. Presentation ossible action and discussion of minutes for: • May 22, 2014 Works_hnp • May 22,2014 Regular Council Meeting 2b. Presentation, possible action, and discission reg:rding approval of a contract between the City of College Station and BerryDunn in the amount not to exceed $645,638 for the purposes of Providing Project Mana_ement services for the re lacement of the Cit 's current ERP system. Contract is for 24 months. RM061214 Minutes W�... ---- �--�-w�- ---�------ Page 2 2c. Presentation ossible action and discussion re$ardin Ordinance 2014-3574 amendin, Ordinance 2014-3556 located in Cha ter 4 "Business Regulations" of the Colle.re Station Code of Ordinances, Section 17 titled "Credit Access Businesses". The Amendment would set an annual re istration fee of lift dollars $50.00 for each h sicall se Grate credit access business within the City limits of College Station, Texas. 2d. Presentation, possible action, and discussion regarding Ordinance 2014-3575, arncndip the existing natural gas franchise ordinance between the City of College Station and Atmos Energy Corporation. 2e. Presentation ossible action and discussion re w ardin_ a r royal of a urchase from Accudata Systems for Network Access Control (NAC) system licenses, configuration services and training in the amount of$62,908.83. 2f. Presentation, possible action and discussion regarding the approval of annual retreaded tire services from Strouhal Tire Recapping Plant, Inc. through the State of Texas (TxMAS) Tire Contract in the amount of$70,000. 2g. Presentation, possible action and discussion to approve Resolution 06-12-14-2g by the City Council of the City of College Station, Texas, directing publication of notice of intention to issue certificates of obligation, series 2014; and providing an effective date. 2h. Presentation, possible action, and discussion regarding approval of Resolution 06-12- 14-2h, declaring intention to reimburse certain expenditures with proceeds from debt for the Royder Road/Live Oak Sewer Extension proms 2i. Presentation, possible action, and discussion regarding a Letter Agreement between the City of College Station and Ingram,Wallis & Co., P.C. in the amount of$95,000.00 for the purposes of Professional Auditing Services for the fiscal year ending on September 30 2014. 2j. Presentation, possible action and discussion on an ILA with the Texas A&M University System to artner in funding a follow-u ) stud to evaluate and im rove Tame da Eps tions pre- and postgame. The City's portion of the project cost is $35,000.. 2k. Presentation, possible action, and discussion on the consideration of Ordinance 2014- 3576 amendin Cha iter 10 "Traffic Code", Section 2 "Traffic Control Devices", C "Four-"IVa Sto �x W Intersections Traffic Schedule II - "Four-Wa Sto Intersections" of Intersections" the Code of Ordinances of the City of College Station, Texas, by implementing an all-way stop control intersection at the intersection of Church Avenue and Tauber Street. 21. Presentation, possible action and discussion regarding the approval of a Beed Nifith011t Warranty that will convey an 20' wide (0.195 acres) stri s of land located alon Geor e Bush Drive to the Collie a Station Independent School District. RM061214 Minutes PageIT3IT 2m. Presentation, possible action and discussion regarding the first renewal of the annual price agreement for the Purchase of Crushed Stone for City Streets with Superior Crushed Stone, LC for an amount not to exceed $462,000. 2n. Presentation, possible action, and discussion on a Professional Services Contract with Binkley and Barfield, inc., in the amount of $130,705, for the design, bidding, and construction phase services associated with the Eisenhower Street Extension Prolect. 2o. Presentation, possible action, and discussion regarding the cancellation of blanket purchase order #140005 with Joe On, Inc. and the approval of two contracts between the City of College Station and Joe Orr, Inc and Hinkley & Barfield, Inc. for a total amount of $100,000. 2p. Presentation, possible action and discussion on the Treasury Management Agreement between the City of College Station and Branch Banking& Trust ("BB&T"). 2q. Presentation, possible action and discussion on a notification for a change order from TxDOT on the Rock Prairie Road Bridge proiect in the amount of $53,975.55, and authorizing the city manager to execute the acknowledgement notification on behalf of the City Council. 2r. Presentation, possible action, and discussion on a bid award for the purchase of steel, fiberglass, and concrete electric distribution poles to Creative Pultrusions, $143,920.05; KBS Electrical Distributors, $163,578; RS Technologies, $317,115.23; and TransAmerican Power Products, Inc., $106,522 for a total of$731,135.28. 2s. Presentation, possible action, and discussion regarding a professional services contract with InterraHydro, Inc. in the amount of $184,815.50 for an investigative study of wastewater collection system capacity in the Northgate and Southwood Valley areas. 2t. Presentation, possible action, and discussion regarding a reclaimed water su 1 agreement with Apache Corporation. Related to Workshop item 5. 2u. Presentation, possible action, and discussion regarding approval of budget transfers between several departments within the General Fund. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Aldrich, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA Item 4 was pulled for discussion first, followed by items 1, 2, 3, 5, and 6. 1. Public hearing, presentation, discussion, and possible action regarding Ordinance 2014- 3577, 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 changing the zoning district boundaries from R Rural to GS General Suburban and T Townhouse RM061214 Minutes Page 4 for an approximate 21.8 acre tract of land in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 22.97 acre tract as described by a deed to Charles I. Turner and Mary E. Turner recorded in Volume 3331 Pate61 of the Official Public Records of Brazos County, Texa enerall located at 3270 Rock Prairie Road West. Morgan Hester, Planning and Development Services, reported this request is to rezone the property from Rural to General Suburban and Townhouse. The Planning and Zoning Commission considered this item at their May 15, 2014 meeting and voted 5-0 to recommend approval of the rezoning. At approximately 9:32 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:32 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014- 3577, 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 changing the zoning district boundaries from R Rural to GS General Suburban and T Townhouse for an approximate 21.8 acre tract of land in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas. Said tract being a portion of the remainder of a called 22.97 acre tract as described by a deed to Charles I. Turner and Mary E. Turner recorded in Volume 3331, Page 61 of the Official Public Records of Brazos County, Texas, generally located at 3270 Rock Prairie Road West. The motion carried unanimously. 2. Public hearing, presentation, discussion, and possible action rearding Ordinance 2014- 3578 amend n! Cha ter 12 "Unified Bevelo ment Ordinance " Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by rezoning an approximate 2.961 acre tract of land in the Robertson Stevenson Survey, Abstract No. 54, College Station, Brazos County, "Texas; said tract being the same tract of land called. 2.961 acres as described by deed to Aggie Assets, 1.,1.,C, recorded in Volume 8070, Page 2261 of the Official Public Records of Brazos County, Texas, and generally located at 2668 Barron Road from R Rural to GS General Suburban. Jennifer Paz, Planning and Development, reported this request is to rezone the property from Rural to General Suburban. The Planning and Zoning Commission considered this item at their June 5, 2014 meeting and recommended approval of the rezoning. At approximately 9:34 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:34 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember RM061214 Minutes Page 5 Aldrich, the City Council seven (7) for and none (0) opposed, to adopt Ordinance 2014-3578, 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 an approximate 2.961 acre tract of land in the Robertson Stevenson Survey, Abstract No. 54, College Station, Brazos County, Texas; said tract being the same tract of land called 2.961 acres as described by deed to Aggie Assets, LLC, recorded in Volume 8070, Page 226, of the Official Public Records of Brazos County, Texas, and generally located at 2668 Barron Road from R Rural to GS General Suburban. The motion carried unanimously. 3. Public Hearing, presentation, passible action,, and discussion regarding Ordinance 2014- 3579,vacating and abandoning a 574.6-square foot drainage and public utility easement on Lot 2 I1lock F of the College Heights Addition Subdivision according to the plat recorded in Volume 466, Page 145 of the Deed Records of Brazos County, Texas, located at 511 University Drive East. Alan Gibbs, City Engineer, reported that this easement abandonment accommodates the improvements planned for the existing commercial building located at 511 University Drive East. There are no public or private utilities in the subject portion of easement to be abandoned. At approximately 9:37 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:37 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Aldrich, the City Council seven (7) for and none (0) opposed, to adopt Ordinance 2014-3579, vacating and abandoning a 574.6-square foot drainage and public utility easement on Lot 2, Block F of the College Heights Addition Subdivision according to the plat recorded in Volume 466, Page 145 of the Deed Records of Brazos County, Texas, located at 511 University Drive East. The motion carried unanimously. 4. Public Hearin , presentation, possible action, and discussion regarding an ordinance amendin! Cha ter 4 "Business Re'ulations" Section 4-19 "Rental req istration of single-family and duplex dwelling units" of the Code of Ordinances of the City of Colle e Station by includin! administrative enalties ret uirin' a notarized.....affidavit and authorizing the administrator to request a copy of the lease. This item was pulled in order to be discussed first. Lance Simms, Director of Planning and Development, reported that the ordinance amends the existing rental registration ordinance by including: • An administrative penalty (citation)provision; • A requirement that the a notarized affidavit be provided as part of the registration; and • A requirement that a copy of the current lease(s)be provided upon request. At the Council's workshop meeting on April 10th, staff presented a series of recommended changes to the rental registration ordinance. Following the discussion, Council directed staff to make the changes contained in the attached ordinance. RM061214 Minutes Page 6 At approximately 8:16 p.m., Mayor Berry opened the Public Hearing. Donald Derickson, 6103 Canterbury Drive, representing the Bryan/College Station Apartment Association, said they have four. First the association is in favor of the rental registration program, but the way it is worded does not include all the properties it should. Secondly, they are against having an affidavit; it is redundant by nature. Third, they agree that violators should be prosecuted, but the City has not been able to enforce the code. They have never been able to enforce it. Lastly, it is a violation of the Federal Privacy Act to release those lease agreements. Jeff Claybrook, 903 Fairview, spoke on behalf of the Student Government Association. As he understands it, the affidavit is simply a means of providing the definition of family. As that pertains to students, they are concerned with cost and the convenience of living close to campus. It is more affordable to split the cost of rent when there are more than four tenants. Restricting number of renters will increase the cost of living and will hinder students from locating close to campus. Five bedroom homes are being built now, so why should the limit be four. This will make it more difficult for students to find houses. The survey did not get student input. They conducted their own survey yesterday. Paul Morris, 1511 Wayfarer, provided written comments. Hugh Lindsay, 400 Walton Drive, recited several instances that have occurred in his neighborhood. He was told the police could not ticket an illegally parked car it until it was determined who the owner was. Code enforcement told him there was nothing they could do even if it was confirmed there were more than four people other than writing a letter to the landlord. However, he was cited for an infraction on his own property. Lauren Felder, 806 Thomas, Communication Relations chair for the ASG. As a member of the local community and as a student, she has seen a blatant disregard for the property leased by students. She has also seen and had positive experiences with home owners. She supports the ordinance if there are some modification to the leasing agreement. Students should not suffer all the blame, but the current environment encourages it, e.g. five-bedroom homes and landlords turning a blind eye to more than four tenants. She wants to work with the City and the students and enforcement. Patsy Deere, 1500 Frost, said she has several pieces of property in College Station. She has had students asked to have five tenants, and she has declined. They had no idea there was a limit of four. She has spoken with a property management company that offered to work around the regulations in order to rent to five people. Donald Deere, 1500 Frost, stated that as a rental property owner who abides by the current ordinance, he is in favor of the strengthened ordinance. However, regarding the affidavit, he can't really swear there aren't more than four tenants. He can swear to renting to four and getting rent from four, but he can't guarantee there is not a fifth person there. He also recommended language that would say "present" rather than "provide". He would also like to amend it to say "reasonable information". The other is too open ended. Charles Wilding, 4912 Augusta Circle, owns a lot of properties. His first concern is regarding the affidavit; he would like to have the tenant sign it with him. The pressure is being placed on RM061214 Minutes Pagen.7_ the owner and not on the tenants in any way. Secondly, he noted the annual registration fee is $15 per property. He asked why does it need to be annually if there is not an ownership change. He also noted that leases are a legal document between himself, the student, and the parents. Sarah Norman, 2700 Earl Rudder Freeway, representing the Bryan/College Station Regional Association of Realtors; she also owns rental property. The most important thing as a realtor is understanding that without students, we would not be here. She does support quality neighborhoods and quality of life for students. We need to enforce the ordinance and not require additional regulations. There should be more education and more communication with owners and students. It appears to be a lot of uncertainty about expanding the ordinance, and she asked Council to table this until there is some direct decision on what needs to be done, how it will be done, and the purpose of it being done. Anne Jackson, 4343 Oaklake Drive, stated she follows the codes, and her lease covers a lot of the enforcement the City is trying to do. She charges back to the renters for infractions. The City needs to put more dollars into code enforcement. She asked Council to not make them fill out more papers when they are doing it right. Sherry Ellison, 2705 Woodway Drive, has some rental property. Some people do a good job, but some don't. As neighbors, they are concerned with living with this on a daily basis. There are those who do not have a sense of responsibility. Owners are the ones responsible because they are the ones who should initially ask if the tenants will be good tenants. Owners cannot just say it is the renters fault. Suzanne Droleskey, 1109 Ashburn Avenue, said she is living in an older established neighborhood, and they are not anti-students, but are they are anti-bad neighbors. The code enforcement officers do not have the teeth to enforce the codes. The City has been working on this since 1994. It is important to pass this ordinance to give them the teeth they need. Most tenants are law-abiding, but the laws are not written for the law-abiding. There being no further comments, the Public Hearing was closed at 8:43 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Aldrich, the City Council seven (7) for and none (0) opposed, to table any action on this item, and amended to table until the June 26 meeting. The motion carried unanimously. Council provided direction to staff on recommended changes. 5. Presentation, possible action, and discussion regarding a presentation related to an overview and the associated potential economic impacts of oil and gas resource development. Chris Jarmon, Assistant to the City Manager, presented an overview of the drilling process and the drilling activity the staff has observed. Most of the activity occurred in north Brazos County. He also briefed the Council on potential revenue. To date, mineral royalties have been very small. Revenues can also be realized though ad valorem taxes, but it was noted that mineral values account for a little under 1% of our total net taxable value. The City will also gain revenue through people with sales tax and HOT tax. The Texas Railroad Commission is the RM061214 Minutes Pageµ8. primary regulatory agency, but they do not regulate things like traffic, noise, odor, scenic impact, or zoning. 6. Presentation, possible action, and discussion on a tentative schedule for a 2015 bond election and the creation of a citizen advisory committee. Chuck Gilman, Deputy City Manager, reported that staff has developed a preliminary schedule that must be completed before the bond election. The schedule includes activities, tasks, and meetings with Council-appointed boards and commissions, and with the community-at-large. There will be a final list of recommended projects for Council to consider before the ballot language is adopted. 7. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:10 p.m. on Thursday, June 12, 2014. Nancy Berry, Mayor ATTEST: ip Sherri, M/burn, City Secretary RM061214 Minutes Page 9 * , ( — ..,, I (* ? .) I ( * * ( * --.