HomeMy WebLinkAbout09/11/2014 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
SEPTEMBER 11, 2014
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
Chuck Gilman, Deputy City Manager
Tanya McNutt, Deputy City Secretary
Ian Whittenton, Records Management Coordinator
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 7:02 p.m. on Thursday, September 11, 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.
Boy Scout Troop 967 led the assembly in the Pledge of Allegiance.
Mayor Berry presented a joint proclamation from Brazos County, City of Bryan, and City of
College Station to Larry Koeninger, Director of the Bryan-College Station Public Library System,
in recognition of September being library card sign-up month.
Citizen Comments
Ben Roper, 5449 Prairie Dawn Court, came before Council to honor the service and sacrifice of
Lt. Jonathan David Rozier.
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Johnny W. Rouse, 16571 Windy Ryon Rd., came before council to speak on his concerns over the
policies and procedures of the Aggieland Humane Society. He believes that that they may be
euthanizing owner-surrender pets without providing the opportunity for adoption and would like
council to look into this policy.
Philomina Rouse, 16571 Windy Ryon Rd., came before council to request that the policies of
Aggieland Humane Society be examined as she believes that they are euthanizing animals without
offering them for adoption.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
• March 13, 2014 Regular Council Meeting (Amended)
• August 25, 2014 Workshop
• August 25,2014 Regular Council Meeting
• September 3,2014 Special Meeting
2b. Presentation, possible action, and discussion on Resolution 09-11-14-2b and amendment
to the Economic Development Agreement between the City of College Station and Kalon
Biotherapeutics.
2c. Presentation,possible action,and discussion on Ordinance 2014-3597 updating water tap
fees to reflect current costs by amending Chapter 11,"Utilities"Section 2"Water And Sewer
Services", D "Water and Sewer Rates, Usage Charges and Fees", 4 "Water and Sewer Tap
Fees,Meter Set-In Fees, and Sewer Inspection Fees",A (1 "Fee for Water Ta )" of the Code
of Ordinances.
2d. Presentation, possible action,and discussion on Ordinance 2014-3598 amending Chapter
10, "Traffic Code", Section 2 "Traffic Control Devices", C "Four-Way Sto Intersections"
Traffic Schedule 11 - "Four-Way Stop Intersections" the Code of Ordinances of the City
of College Station, Texas, by implementing an all-way stop control intersection at the
intersection of Cross Street and Do rvvood Street.
2e. Presentation, possible action and discussion regarding a real estate contract for the
purchase of right-of-way along Rock Prairie Road between State Highway 6 and Normand
Drive.
2f. Presentation, possible action and discussion regarding the service contract(Contract No.
14-372) with Cal's Rod Sho for annual automobile and truck )aint and hod rc )airs in an
amount not to exceed $60,000.
2g. Presentation ossible action and discussion re?ardin the a ) )roval of Election ,lud_es
for the November 4, 2014 General Election. PresentaciOn, posible action v dialog° con
respecto a la aprobacion de Jueces para las Elecciones Generales del 4 de noviembre de, 2014.
2h. Presentation, possible action, and discussion on renewal of an Enterprise Agreement
(EA) for Microsoft software with SHI Government Solutions for a three year period totaling
$93,818.70.
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2i. Presentation, possible action and discussion on a bid award for the annual purchase of
single phase transformers,which will be maintained in electrical inventory to be issued and
expended as needed. The award is being recommended to Techline as the lowest responsible
bidder for a not to exceed amount of$240 433.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Shultz the City Council voted seven(7)for and none(0)opposed,to approve the Consent Agenda.
The motion carried unanimously.
REGULAR AGENDA
1. Public HearinI resentation s ossible action and discussion re'ardin' Ordinance 2014-
3599 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 changing
the zoning district boundaries from R Rural to E Instate for approximately 71 acres being all
of the remainder of a 39.44-acre tract as described as Tract One and the remainder of a
29.29-acre tract as described as Tract Two by a deed of Joe & Janet Johnson Land &
Investments,LP recorded in volume 7803, page 244,a 2.84-acre tract as described by a deed
to Joe & Janet Johnson Land & Investments,LP recorded in volume 8017, page 273, and a
0,216-acre tract as described by a deed to Joe & Janet Johnson Land & Investments, LP
recorded in volume 8317, page 62 of the Official Public Records of Brazos County, Texas
generally located at 8601 Rock Prairie Road.
Councilmember Shultz recused herself from this item.
Jason Schubert, Planning and Development Services, stated that this request is to rezone the
property from Rural to Estate.
The Planning and Zoning Commission considered this item at their August 21 meeting and voted
unanimously to recommend approval. Staff also recommends approval.
At approximately 7:24 p.m., Mayor Berry opened the Public Hearing.
Joe Schultz, 3208 Innsbruck Cir, spoke briefly in favor of this rezoning.
There being no further comments, the Public Hearing was closed at 7:25 p.m.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Aldrich, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz
recusing herself, to adopt Ordinance 2014-3599, 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 changing the zoning district boundaries from R Rural to E Estate for
approximately 71 acres being all of the remainder of a 39.44-acre tract as described as Tract One
and the remainder of a 29.29-acre tract as described as Tract Two by a deed of Joe&Janet Johnson
Land & Investments, LP recorded in volume 7803, page 244, a 2.84-acre tract as described by a
deed to Joe & Janet Johnson Land & Investments, LP recorded in volume 8017, page 273, and a
0.216-acre tract as described by a deed to Joe & Janet Johnson Land& Investments, LP recorded
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in volume 8317,page 62 of the Official Public Records of Brazos County,Texas, generally located
at 8601 Rock Prairie Road. The motion carried unanimously.
2. Public Hearin, presentation, possihk action and discussion on the Cit ofColle 2e Station.
FY2014-2015 Proposed Budget.
Jeff Kersten, Assistant City Manager, stated that the City Charter requires that the City Council
call and hold a public hearing on the proposed budget. Council first received the proposed budget
on August 14, 2014, and three budget workshops were held to review the proposed budget. The
FY2014-2015 Budget will be considered for adoption on September 22, 2014. The total proposed
budget is $253,041,517.
At approximately 7:26 p.m., Mayor Berry opened the Public Hearing.
There being no comments,the Public Hearing was closed at 7:26 p.m.
No action was taken.
3. Public Hearing, presentation,possible action and discussion on the City of College Station
2014 advertised ad valorem tax rate of$0.4525 ser$100 valuation resultin, in an increase in
tax revenues. Also discussion and possible action on announcing the meeting date, time and
place to adopt the tax rate.
Jeff Kersten, Assistant City Manager, noted that the Texas Property Tax Code requires that if an
entity wishes to increase tax revenues over the effective tax rate then that entity must call and hold
two public hearings on the proposed tax rate. The tax rate for which Council will hold a Public
Hearing is$0.452500 per$100 assessed valuation. The first public hearing on the tax rate was held
on Wednesday September 3. The City Council will vote on the tax rate on Thursday, September
22.
At approximately 7:31 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:31 p.m.
Mayor Berry announced that council will take a vote on the tax rate on September 22, 2014 in
Council Chambers at 7:00 p.m.
No action was taken.
4. Public Hearing, presentation, possible action, and discussion re ardin! the award of Bid
No. 14-071 to Halcon Ener, Pro erties Inc. for the lease of oil !as and related
hydrocarbon mineral interests.
Chris Jarmon, Assistant to the City Manager, stated that the City of College Station owns mineral
interests on approximately 26 tracts of land, generally located in the vicinity of Wellborn Road
and 2818. The City put these mineral interests out to bid. Halcon Energy Properties, Inc. was the
only bidder to respond and submit a bid.
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Staff recommends awarding the bid submitted by Halcon Energy Properties, Inc. and entering into
the mineral lease for oil, gas, and related hydrocarbons with Halcon Energy Properties, Inc.
At approximately 7:41 p.m., Mayor Berry opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:41 p.m.
MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember
Aldrich, the City Council voted seven (7) for and none (0) opposed, to award of Bid No. 14-071
to Halcon Energy Properties, Inc. for the lease of oil, gas, and related hydrocarbon mineral
interests. The motion carried unanimously.
5. Public Hearin' s resentation, possible action, and discussion regarding Ordinance 2014-
3600 amending Chapter 7, "Health and. Sanitation", of the Code of Ordinances of the City
of Colle °c Station Texas b anrrcndin section 9 "Tobacco products and smobin ". to
prohibit the sale of electronic cigarettes to, possession of and use of by minors; providing a
severability clause; declaring a penalty; and providing an effective date.
Chris Jarmon, Assistant to the City Manager, noted that the ordinance brought before Council on
August 25 would have placed prohibitions on minors' access to e-cigarettes, as well as placed
restrictions on where the products may be used in public. After careful consideration, staff has
decided to bring forward an ordinance that only places restrictions on minors' access to e-
cigarettes. This will give staff additional time to research provisions related to public use
restrictions on e-cigarettes, while also satisfying Council's request to bring the item back.
Staff recommends that e-cigarettes be regulated under Chapter 7 (Health and Sanitation) of the
Code of Ordinances, and specifically, recommends two (2) limitations on the use of e-cigarettes:
1. E-cigarettes cannot be sold to minors; and
2. Minors cannot be in possession or use e-cigarettes.
At approximately 7:50 p.m., Mayor Berry opened the Public Hearing.
Sherry Ellison, 2705 Brookway Dr, came before Council to speak about her concerns for the
potential health effects of e-cigarettes. She also voiced her support for this item and additional
regulation.
Loree Hylton, 669 Stonewall Jackson Drive, Conroe TX, came before council to speak as the
owner of Aggieland Vapors, a local business that sells e-cigarettes and related paraphernalia. She
stated that she believes e-cigarettes are a healthier option to traditional cigarettes, and her business
does not market the product to children.
There being no further comments, the Public Hearing was closed at 7:57 p.m.
A motion was made by Councilmember Mooney and seconded by Councilmember Aldrich, to
adopt Ordinance 2014-3600, amending Chapter 7, "Health and Sanitation", of the Code of
Ordinances of the City of College Station, Texas, by amending section 9, "Tobacco products and
smoking"; to prohibit the sale of electronic cigarettes to, possession of and use of by minors;
providing a severability clause; declaring a penalty; and providing an effective date.
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MOTION: Upon a motion by Councilmember Brick and a second by Councilmember Shultz,
the City Council voted three (3)for and four(4)opposed,with Councilmembers Aldrich,Mooney,
Nichols, and Benham voting against, to amend the previous motion, to add back the provision
prohibiting e-cigarettes where traditional cigarettes are prohibited. The motion to amend failed.
MOTION: Upon a motion by Councilmember Mooney and a second by Councilmember Aldrich,
the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014-3600,
amending Chapter 7, "Health and Sanitation", of the Code of Ordinances of the City of College
Station, Texas, by amending section 9, "Tobacco products and smoking"; to prohibit the sale of
electronic cigarettes to, possession of and use of by minors; providing a severability clause;
declaring a penalty; and providing an effective date. The motion carried unanimously.
6. Ad'ournment.
MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the
City Council at 8:13 p.m. on Thursday, September 11, 2014.
r-
Nancy Berry,y, Mayor
ATTEST:
L )1AL /am,
Sherry Mils burn, City Secretary
Sherry Secretary
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