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Home My WebLink About01/28/2016 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JANUARY 28, 2016 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: TAMU Student Liaison Kelly Templin, City Manager Wayne Beckermann,VP/Municipal Affairs 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 7:07 p.m. on Thursday, January 28, 2016 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. Presentation proclaiming January 28, 2016 as Mayors' Monarch Pledge Day. Mayor Berry read the proclamation proclaiming January 28, 2016 as Mayors' Monarch Pledge Day. Hear Visitors Comments Jennifer Hurd, 4256 Rocky Rhodes, Castle Rock HOA Board President, expressed her concern regarding a re-zoning proposal near the neighborhood. A traffic analysis needs to be re-done to RM012816 Minutes Page 1 reflect the neighborhood's growth since it was last done. They are also concerned with the impact on the streets and the maintenance that will be needed, the safety of their children, and runoff. Tom Kiske, 4213 Rocky Creek Trail, said he was supportive of the HOA concerns. He addressed responsible development and stewardship. He believes the proposed zoning change will impact these areas: it will quadruple storm water runoff into Spring Creek with an increased risk of flooding; and increased traffic,jeopardizing the neighborhood children. Christi Blair, 4107 Rock Creek Court, requested that the re-zoning be removed from the P&Z agenda because there are several areas that need to be re-visited. The concerns of the residents directly impacted were not considered. She requested that this item be postponed until such time as it can be properly and completely reviewed. Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Pfc. Ray J. Hutchinson. Joshua Benn, 4000 Rocky Vista, spoke regarding the proposed PDD coming before Council soon. He said that hardly anyone received notice of the hearing at P&Z last week. This will double the number of apartment units and will significantly impact the neighborhood. He is particularly concerned regarding construction traffic and the main entrance into the development. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • January 14, 2016 Workshop • January 14, 2016 Regular Meeting 2b. Presentation, possible action, and discussion regarding the Utility and Road Agreement for the Rock Prairie Management District No. 2 generally located in the southeast quadrant of the Rock Prairie Road and State Highway 6 intersection. 2c. Presentation, possible action, and discussion regarding a construction contract with L.E. Myers Company, in the amount of $3,580,522.18 for reconductoring of the Spring Creek transmission line. 2d. Presentation, possible action, and discussion regarding Ordinance 2016-3737, amending the code of ordinances, Chapter 11, Utilities, to enable the inspection and repair of private sewer laterals. 2e. Presentation, possible action, and discussion regarding an annual purchase agreement for dewatering chemical (polymer)with Fort Bend Services, inc. not to exceed $113,500. 2f. Presentation,possible action,and discussion on a professional services contract(Contract No. 16300207) with Jones & Carter in the amount of $171000 for the professional engineering services related to the preliminary engineering report (PER) for the Cain ! Deacon Railroad Crossing Project. IV I III .. .... RM012816 Minutes Page 2 2g. Presentation, possible action, and discussion regarding the renewal of price agreement 15-047 to Brazos Paving,Inc. for the purchase of Cement Stabilized Sand for an amount not to exceed $163,620. 2h. Presentation, possible action, and discussion regarding approval of a construction contract (Contract No. 16300114) between the City of College Station and JHW, Inc. in the amount of$256,191.50 for the construction of Wolf Pen Creek Erosion Control Phase II and authorizing the City Manager to execute the contract on behalf of the City Council. 2i. Presentation, possible action, and discussion regarding an Interlocal Agreement between the City of College Station and Brazos County related to the Greens Prairie Trail project. 2j. 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$95,000. 2k. Presentation,possible action,and discussion on renewing the annual price agreement for the purchase of fleet oils and lubricants,to Kolkhorst Petroleum Co.1 Inc.for the annual not- to-exceed amount of$86,000. 21. Presentation, possible action, and discussion on approving annual tire purchases and retread services from Southern Tire Mart, LLC through the BuyBoard Purchasing Cooperative (Contract 140-14) in the annual not-to-exceed amount of$210,000. 2m. Presentation, possible action, and discussion authorizing the payment of Economic Development Funds in a total amount of $304,253.04 to Sahara Realty Group, Ltd. for performance in compliance with the approved Economic Development, Drainage and Corridor Beautification Participation Agreement. 2n. Presentation,possible action,and discussion on Semi-Annual Report for Impact Fees 92- 01, 97-01, 97-02B, 99-01, and 03-02. 2o. Presentation, possible action, and discussion regarding a professional services contract with Freese&Nichols,Inc. to evaluate water and wastewater impact fees with a total cost of $100,000. 2p. Presentation, possible action,and discussion regarding a contract with Kimley-Horn and Associates, Inc. to evaluate roadway impact fees with a total cost of$88,500. 2q. Presentation, possible action, and discussion on an annual blanket purchase order for repair parts and repair labor for fire trucks from Siddons-Martin Emergency Group through the BuyBoard Purchasing Cooperative (Contract 399-12). The estimated annual expenditure is $75,000. 2r. Presentation, possible action, and discussion regarding an annual price agreement with NAFECO for fire protective clothier RM012816 Minutes Page 3 2s. Presentation,_possible action, and discussion on an Interlocal Agreement with Brazos County for the consultant services associated with the establishment of quiet zones at Drake and Greens Prairie Trail. 2t. Presentation, possible action, and discussion on Resolution 01-28-16-2t, consenting delegation of authority authorizing Brazos County to apply to the Federal Railroad Administration to seek approval for two quiet zone locations; Greens Prairie Trail and Drake and sharing the costs equally. 2u.Presentation,possible action,and discussion on Ordinance 2016-3738,amending Chapter 4, "Business Regulations" of the Code of Ordinances of the City of College Station, Texas, by adding section 24 "Business Security"; by providing a severability clause; declaring a penalty; and providing an effective date. 2v. Presentation, possible action and discussion on Resolution 01-28-16-2v, prohibiting the open carry of handguns by a license holder pursuant to Penal Code Section 30.07 at all City governmental entity meetings subject to Chapter 551, Government Code and presentation, possible action and discussion on Resolution 01-28-16-2v-a, delegating authority as the property owner of all City buildings and facilities to the City Manager and his designee and delegating authority to the City Manager and his designees to enact a trespass policy to exclude trespassers from City buildings and facilities. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3739, amending Chapter 4, "Business Regulations," Section 4-4.G; Ordinance 2016-3740, amending Chapter 10, "Traffic Code," Section 10-4, "Administrative Adjudication of Parking Violations," Subsection E "Parking Regulations for Certain Described Areas," and Ordinance 2016-3741, amending Chapter 12, "Unified Development Ordinance," Section 7.3. E"Requirements Apply to All Parking Areas," of the Code of Ordinances of the City of College Station,Texas, regarding parking for special events. Jonathan Wood, Parks and Recreation, reported that special event parking on grass areas sometimes becomes necessary in order to reduce congestion and ensure public safety. The proposed amendments would allow groups to request an exception to the parking ordinance and allow special event parking on grass areas. Any group requesting this exception would be required to be permitted through the City's Special Event process and have their exception approved by the City Manager or his designee. At approximately 7:30 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:30 p.m. RM012816 Minutes Page 4 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 2016- 3739, amending Chapter 4, "Business Regulations," Section 4-4.G; Ordinance 2016-3740, amending Chapter 10, "Traffic Code," Section 10-4, "Administrative Adjudication of Parking Violations," Subsection E "Parking Regulations for Certain Described Areas," and Ordinance 2016-3741, amending Chapter 12, "Unified Development Ordinance," Section 7.3. E "Requirements Apply to All Parking Areas," of the Code of Ordinances of the City of College Station, Texas, regarding parking for special events. The motion carried unanimously. 2. Public hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3742, 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 PDD Planned Development District for approximately 5.65 acres being situated in the John H. Jones League,Abstract#26, Brazos County, Texas, and being the same tract called 5.65 acres described in deeds to Gloria S. Mamaliga recorded in Volume 1166,Page 275,and Volume 1166,Page 278,Official Records, Brazos County, Texas, and also being the same tract of land conveyed to Switzer L. Deason by deed recorded in Volume 8538, Page 107, Official Records, Brazos County, Texas, generally located at 5014 Raymond Stotzer Parkway, more generally located along State Highway 47 Frontage Road between Burgess Lane and Health Science Center Parkway. Councilmember Schultz recused herself from this item. Mark Bombeck, Planning and Development, stated this request is to rezone the subject property from Rural to Planned Development District with a base zoning district of Business Park. This request is being made as a step toward developing a mixed-use office complex. The Planning and Zoning Commission considered this item at their January 7 meeting and voted unanimously to recommend approval of the applicant's request with staff's recommendation to limit the size of the permitted retail sales use to a maximum of 15,000 square feet. At approximately 7:35 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:35 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Mooney, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz abstaining, to adopt Ordinance 2016-3742, 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 PDD Planned Development District for approximately 5.65 acres being situated in the John H. Jones League, Abstract#26, Brazos County, Texas, and being the same tract called 5.65 acres described in deeds to Gloria S. Mamaliga recorded in Volume 1166, Page 275, and Volume 1166, Page 278, Official Records, Brazos County, Texas, and also being the same tract of land conveyed to Switzer L. Deason by deed recorded in Volume 8538, Page 107, Official Records, Brazos County, Texas, generally located at 5014 Raymond Stotzer Parkway, more generally located along State Highway 47 Frontage Road between Burgess Lane and Health Science Center Parkway. The motion carried unanimously. RM012816 Minutes Page 5 3. Public Hearing, presentation, possible action, and discussion approving Ordinance 2016- 3743,vacating and abandoning a 0 n91 acre portion of a 20-foot public utility easement that diagonally crosses Lot 13 and Lot 14, Block 3 of the Lemon Tree Addition according to the plat recorded in Volume 371, Page 121 of the Deed RPcords of Brazos County, Toying; Alan Gibbs, City Engineer, reported that this public utility easement abandonment accommodates future development of the property. There are no public or private utilities within the portion of the easement to be abandoned. The 20-foot wide public utility easement to be abandoned diagonally crosses Lot 13 and Lot 14, Block 3 of the Lemon Tree. Staff recommends approval. At approximately 7:39 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:39 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3743, vacating and abandoning a 0.091 acre portion of a 20-foot public utility easement that diagonally crosses Lot 13 and Lot 14, Block 3 of the Lemon Tree Addition according to the plat recorded in Volume 371, Page 121 of the Deed Records of Brazos County, Texas. The motion carried unanimously. 4. Presentation, possible action, and discussion regarding an appointment to the Bryan- College Station Convention & Visitor's Bureau. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to appoint John Michael Green to the Bryan-College Station Convention & Visitor's Bureau. The motion carried unanimously. 5. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 7:41 p.m. on Thursday, January 28, 2016. Nancy Be y, Mayor ATTEST: C.6\t\)-) \41 Sherry Mash rn, City Secretary RM012816 Minutes Page 6 ., (-)' . . ; - - ;- .-- * '''-'' , AFFIDAVIT OF CONFLICT OF INTEREST STATE OF TEXAS COUNTY OF BRAZOS I, S Z as a member of the City of College Station ao ..e_2r 1y make this affidavit and hereby, on oath, state the following: I have a substantial interest in a business entity or real property that would be peculiarly affected by a vote or decision of the Cityaout,,Ac0 as those terms are defined in Chapter 171, Texas Local Government Code. Date of Meeting: A,0_,,r, . e ,Q01 to Agenda Item Number: The business entit or real property is (name and address or lot description): 'N _? Ove , v- j .LLC` I have a substantial interest in this business entity or real property 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 and the above-referenced agenda item involves this business entity; ❑ I own either 10% or more or $15,000 or more of the fair market value of the business entity and the above-referenced agenda item involves this business entity; n Funds received by me from the business entity exceed 10% of my gross income for the previous year and the above-referenced agenda item involves this business entity; n Real property is involved and (I/we) have an equitable or legal ownership with a fair market value of $2,500 or more and the above-referenced agenda item in olves this real property; A relative of mine has a substantial interest in the business entity or real roperty 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 in_day of .-SeLupt_iy, 20.1.k. 0 i4. /F Si_ ature of Official 41110 io la { ‘ 1110 - Title N BEFORE ME, the undersigned authority, on this day personally appeared cJ 61 j e �� -1+2. , 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. ( pqY i; SH RRY MASHBURN —i 20, (`,\ ,stamP�j 1168633.0 Notary Publ.", State of Texas ( ;* *) Notary Public,State of Texas l s;' '/ My Commission Expires ( €.9i1.- July 26,2019 1