HomeMy WebLinkAbout07/13/2017 - Regular Minutes - City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
JULY 13, 2017
STATE OF TEXAS §
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Blanche Brick
Jerome Rektorik
Linda Harvell
Barry Moore
Julie Schultz
James Benham, via teleconference
City Staff: Student Liaison
Kelly Templin, City Manager Tory Oxendahl, Municipal Affairs
Chuck Gilman, Deputy 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 Mooney at 7:29 p.m. on Thursday, July 13, 2017 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 of the Texas Association of Governmental Information Technology Managers
(TAGITM) Technology Excellence Award to the City of College Station for the Code
Enforcement Mobile Mapping Application
Mayor Mooney noted that the Texas Association of Governmental Information Technology
Managers, TAGITM, is a State-wide information system's professional organization that provides
a forum for generating ideas, sharing problems, and developing solutions. The association's main
objective is to enable cities, counties, schools and appraisal districts within Texas to realize the
full potential of automation benefits. TAGITM presents up to three awards annually for
Technology Excellence for improving internal operations,providing exceptional customer service
or enhancing communications. Ben Roper, Director of Information Technology, was presented a
Technology Excellence Award for the Code Enforcement Mobile Mapping Application at the 2017
TAGITM Education Conference. Eric Caldwell, Brazos County CIO and a member the TAGIM
Education Committee, presented the award.
RM071317 Minutes Page 1
Hear Visitors Comments
Ben Roper, College Station, came before Council to honor the service and sacrifice of Corporal
Jeffery G. Green.
Fred Dupriest, College Station, representing the Southside Advocacy Group. They have over 200
members now. He stated their opposition to proposed re-zoning in their neighborhood. He noted
that some derelict houses have been purchased and the new owner is proposing a retail-type of
development, which will be right next to $650,000 homes.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
• June 8, 2017 Workshop
• June 8, 2017 Regular Meeting
2b. Presentation, possible action, and discussion regarding construction contract 17300389
with McDonald Municipal & Industrial, in the amount of $1,126,469 for the Lick Creek
Wastewater Treatment Plant Generator Addition Project.
2c. Presentation, possible action, and discussion of Ordinance 2017-3893, amending Code of
Ordinances Chapter 10, "Traffic Code", Section Two "Traffic Control Devices", J "One-
Way Streets and Alleyways" by making Newton Road one-way between Aberdeen Place and
George Bush Drive.
2d. Presentation, possible action, and discussion regarding approval of an agreement to
terminate an economic development agreement between the City of College Station,
Research Valley Partnership and PM Realty Group and approval of a Release of
Memorandum of Economic Development Agreement regarding the same.
2e. Presentation,possible action, and discussion of Ordinance 2017-3894, amending Chapter
10, "Traffic Code", Section 4 "Administrative Adjudication of Parking Violations", E
"Parking Regulations of Certain Described Areas", (1) "Traffic Schedule XIV- No Parking
Here to Corner or No Parking Anytime", to include No Parking Here To Corner on the east
side of Stasney from its intersection with Cherry Street, extending south 85 feet.
2f. Presentation, possible action, and discussion regarding approval of additional
expenditure of funds for Electric Reliability Council of Texas (ERCOT) fees in the amount
of$37,000.
2g. Presentation, possible action, and discussion regarding Ordinance 2017-3895, approving
an amendment to section 4-4, "Carnivals, Circuses, Menageries, Sideshows, Concessions,
and Special Events," of the Code of Ordinances to modify the definition of, and requirement
for, a 'Special Event'.
2h. Presentation, possible action, and discussion on approving a construction contract with
TF Harper, in the amount of $339,853.30 for improvements to various City Park
playgrounds.
RM071317 Minutes Page 2
2i. Presentation, possible action, and discussion on a bid award for 15 kV circuit breakers
and a 138 kV Circuit Switcher,which will be used in the upcoming Graham Road Substation
Construction Project or be maintained in electrical inventory and expended as needed. To
achieve economy of scale pricing on the 15 kV circuit breakers,capital and operational needs
for FY18 projects were combined for this bid. The total recommended award is $746,347
and will be awarded by line item to the lowest responsible bidder.
2j. Presentation, possible action, and discussion regarding Resolution 07-13-17-2j,
authorizing a License Agreement with Bracol Developers, LLC for a 62 square foot
encroachment into the public utility easement on Lot 23R, Block 4, Prairie View Heights
Subdivision, according to the plat recorded in Volume 13331, Page 121 of the Official
Records of Brazos County, Texas.
2k. Presentation, possible action, and discussion on an Amendment to the lease agreement
with Wirestar Inc. for lease of City Fiber Optic Cable Facilities.
21. Presentation, possible action, and discussion regarding renewing contracts for
Temporary Personnel Services with Spherion Staffing LLC and Kelly Services. The
estimated annual expenditure for temporary personnel services is $340,000.
2m. Presentation, possible action, and discussion on approving a contract for the grant of
federal HOME Investment Partnership Grant Program Community Housing Development
Organization Set-Aside funds with Elder-Aid, Inc. in the amount of$220,000 for acquisition
and rehabilitation of two(2)existing dwelling units located at 3400-3402 Normand to be used
as affordable rental housing for income-eligible elderly households.
2n. Presentation, possible action, and discussion on approving a contract providing
Community Development Partnership Grant (CDBG) funds to Bryan-College Station
Habitat for Humanity, Inc. in the amount of$794,000 for the acquisition, development, and
infrastructure costs related to the construction of at least eight affordable single-family
homes at 14015 Renee Lane.
2o. Presentation, possible action, and discussion on approving a contract granting
Community Development Partnership Grant (CDBG) funds to Twin City Mission in the
amount of$471,500 for the acquisition and rehabilitation costs related to the creation of four
affordable rental units located at 2404 Blanco Drive.
2p. Presentation, possible action, and discussion on professional services contract no.
17300450 with Binkley&Barfield in the amount of$110,598 for the professional engineering
services related to the preliminary design of the FM 2154/Holleman Intersection Safety
Improvements Project.
2q. Presentation, possible action, and discussion regarding Change Order No. 1 to contract
16300415 with Binkley and Barfield, Inc. for the FM 2818 Capacity Improvement Project
decreasing the design contract by $70,631.41 for a new contract total of$500,471.09.
RM071317 Minutes Page 3
2r. Presentation, possible action, and discussion on professional services contract 17300476
with Binkley and Barfield,Inc., in the amount of$397,190.36, for engineering and surveying
services associated with the FM 2818 Capacity Improvements Project.
2s. Presentation, possible action, and discussion on the renewal of the annual blanket
purchase orders for Type D Hot Mix Asphalt to be picked up by City Crews for the
maintenance of streets to Knife River Corp- South for $1,397,500 and Brazos Paving, Inc.
for$427,000. The total annual not to exceed expenditure is $1,824,500.
2t. Presentation, possible action, and discussion regarding approval of professional services
contract no. 17300470 with Kimley-Horn and Associates,Inc. in the amount of$240,036, for
the design and construction phase services for the Southwood Valley Trunk Line Phase I
Project.
2u. Presentation, possible action, and discussion on professional services contract no.
17300421 with Jones & Carter, Inc. in the amount of$266,000, for the design, bidding, and
construction administration for the State Highway 6 Waterline Phase III project.
2v. Presentation, possible action, and discussion regarding approval of an Interlocal
Agreement (17300486) with Texas A&M University regarding construction and
maintenance of sidewalks constructed with the University Drive Pedestrian Safety
Improvements Project Phase 2.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent
Agenda. The motion carried unanimously.
REGULAR AGENDA
1. Presentation, possible action, and discussion regarding the rejection of the low bid from
Texcon General Contractors, and the approval of contract 17300449 with Brazos Paving
Inc. for the construction and or installation of One Inch Overlay With Specialty Mix as
needed for an amount not to exceed $472,000.
Donald Harmon, Director of Public Works, reported that the City and Brazos County went out for
a joint bid on the construction and/or installation of One Inch Overlay With Specialty Mix as
needed. The lowest bidder, Texcon General Contractors, is not recommended to award this
contract due to the fact that Texcon does not meet one or more of the criteria in Sect. 2269.055
Texas Government Code, including Texcon's experience and reputation in performing projects for
the City. Therefore, Texcon General Contractors is not considered the lowest responsible bidder.
A notice of non-award was sent to Texcon on May 30, 2017. The next lowest responsible bidder
was Brazos Paving, Inc. The City of College Station has completed the evaluation of the Joint Bid
17-287 with Brazos County, and is recommending award of our portion to Brazos Paving, Inc. for
an amount not to exceed $472,000.00.
Robertson Neal, attorney for Texcon, protested the recommendation. He stated it was important
to Texcon that Council receive additional information and provided a list of private projects
performed within College Station. Within the last three years, Texcon has done work for TXDOT,
RM071317 Minutes Page 4
City of Bryan, Brazos County, and TAMU, mainly within the city limits of College Station. All
have been approved by College Station City inspectors. He said they are competent and sought
after. They want to do business with College Station.
Staff recommends rejecting the bid from Texcon General Contractors based on a prior experience
with Texcon. The owner and a City employee were found guilty of theft of City funds. Mr. Neal
noted that the owner received deferred adjudication and met the terms of his plea bargain.
Staff is in the process of drafting a policy regarding the eligibility of bidders/vendors who have
perpetrated a crime against the City and the taxpayers.
MOTION: Upon a motion made by Councilmember Brick and a second by Mayor Mooney, the
City Council voted six (6) for and one (1) opposed, with Councilmember Schultz voting against,
to reject the low bid from Texcon General Contractors, and approve contract 17300449 with
Brazos Paving, Inc. for the construction and or installation of One Inch Overlay With Specialty
Mix as needed for an amount not to exceed $472,000. The motion carried.
2. Presentation, possible action, and discussion regarding the rejection of the bid from
Texcon General Contractors, and the approval of contract 17300391 with Palasota
Contracting, LLC for Southwest Parkway Drainage Improvements in an amount not to
exceed $286,088.
Donald Harmon,Director of Public Works,noted this item is similar to the previous item,and staff
is recommending rejection of the low bidder based upon the same considerations as before. The
next lowest responsible bidder for the project was Palasota Contracting, LLC and is being
recommended to be awarded the contract in an amount not to exceed $286,088.00.
Robertson Neal, attorney for Texcon, reminded Council that the owner has never been convicted
of anything.
MOTION: Upon a motion made by Councilmember Brick and a second by Mayor Mooney, the
City Council voted six (6) for and one (1) opposed, with Councilmember Schultz voting against,
to reject the low bid from Texcon General Contractors, and approve contract 17300391 with
Palasota Contracting, LLC for Southwest Parkway Drainage Improvements in an amount not to
exceed $286,088. The motion carried.
3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017-
3896, 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 RS Restricted Suburban and GS General
Suburban for approximately 2.43 acres being Pebble Creek Phase 2C, Block 20 and Block
21, of the Official Records of Brazos County, Texas, located at 5101 & 5201 Pebble Creek
Parkway, more generally located at the intersection of Pebble Creek Parkway& Champions
Boulevard.
Jennifer Paz, Planning and Development, noted that the applicant has requested a rezoning from
Rural to Restricted Suburban(Block 21, 1.08 acres) and General Suburban (Block 20, 1.35 acres)
to allow for the future subdivision of the property.
RM071317 Minutes Page 5
The Planning&Zoning Commission considered this item at their June 15, 2017 meeting and acted
on each block individually. The Commission voted 6-0 to recommend approval of the rezoning
for Block 21 with the condition that a 25' buffer be provided along Champions Boulevard. The
recommendation to approve the rezoning of Block 20 failed (3-3). The Unified Development
Ordinance (UDO) states that any recommendation to the City Council without a majority of
positive votes from members of the Planning & Zoning Commission shall be deemed a negative
report.
Veronica Morgan, Mitchell and Morgan Engineering, representing Pebble Creek Development
Company, further clarified the re-zoning request and reported on meetings with neighborhood
associations and agreed upon restictions.
David Dixon, attorney for Pebble Creek Development Company, stated that a signed copy of the
affidavit has been found. To minimize the tax burden, the appraised values were reduced to zero
the past three years, and the owner maintained the property as open space. The property has been
re-appraised, and they are now paying taxes.
At approximately 9:16 p.m., Mayor Mooney opened the Public Hearing.
John Guido, Pebble Creek Subdivision, stated that a re-zoning request was first submitted by Mr.
Young and was dropped when he died. He referenced a computer reference number on the
affidavit; the assessment board had a copy for evidence. He noted that the lots were marketed as
green space to prospective home buyers. The owners received tax relief based on this. They are
breaking promises made to the homeowners. He noted that the two supportive letters both mention
their desire to maintain the lots as green space.
Brian Bochner, Pebble Creek Subdivision, noted that the letter from Pebble Creek Homeowners
Association stated their desire to maintain the lots as greenspace, but if the re-zoning is approved
then they wanted certain conditions. He also noted a letter sent to the Appraisal District,
confirming the assessed valuations. By virtue of their not paying taxes for three years, others had
to subsidize the tax burden. Audience members in opposition were called upon to stand to show
their opposition.
Ed Brady, Stone Briar subdivision, said the sanitation department would pick up in the alley, but
would need permission from Council to back up more than 100 feet.
There being no further comments, the Public Hearing was closed at 9:28 p.m.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Schultz,the City Council voted six(6) for and one(1) opposed,with Councilmember Brick voting
against, to separate the question, voting on each block separately. The motion carried.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Rektorik, the City Council voted six (6) for and one (1) opposed, with Councilmember Brick
voting against, to adopt Ordinance 2017-3896, 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 Rural to Restricted
RM071317 Minutes Page 6
Suburban for Pebble Creek Phase 2C, Block 21, of the Official Records of Brazos County, Texas,
located at 5201 Pebble Creek Parkway, more generally located at the intersection of Pebble Creek
Parkway and Champions Boulevard, subject to a 25' buffer off Champions Blvd. The motion
carried.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Schultz, the City Council voted five (5) for and two (2) opposed, with Councilmembers Brick and
Harvell voting against, to adopt Ordinance 2017-3896, 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 Rural to
General Suburban for Pebble Creek Phase 2C,Block 20, of the Official Records of Brazos County,
Texas, located at 5101 Pebble Creek Parkway,more generally located at the intersection of Pebble
Creek Parkway and Champions Boulevard, subject to a 25' buffer. The motion carried.
Mayor Mooney recessed the meeting at 10:13 p.m.
The meeting reconvened at 10:19 p.m.
4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017-
3897, 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 amending
Ordinance number 2012-3404 adopted on or about April 26, 2012 which created a PDD
Planned Development District by making changes to a portion of such district known as
Harper's Crossing, Block 1, Lot 2 located at 2849 Barron Road by amending the uses and
requirements thereof.
Jennifer Paz, Planning and Development, stated that the applicant has requested an amendment to
the existing Planned Development District and associated concept plan to allow for the
development of fuel sales. The existing base zoning of C-3 Light Commercial allows for the
development of two fuel pumps, although the adopted concept plan did not account for the land
use. The request is to keep the C-3 Light Commercial standards as the base zoning district of the
PDD, but to allow for the use of four fuel pumps and the development of a fuel sales area on the
concept plan. Additional development standards are proposed to mitigate the impact of fuel sales
and fuel canopy on the neighboring properties and to provide community benefits that achieve the
goals and strategies of the Comprehensive Plan.
The Planning&Zoning Commission considered this item at their June 15 meeting, and the motion
to recommend approval failed by a vote of 5-1. Staff is recommending approval.
Mike Gentry,representing the property owners,provided a brief history on the development of the
property. The list of original permitted uses includes fuel sales,but the concept plan did not reflect
that. They are proposing to double the setback, as well as constructing an eight foot masonry
fence. On top of that, canopy trees will also serve to mitigate any light impact.
At approximately 10:41 p.m., Mayor Mooney opened the Public Hearing.
Anita Whitley, Sonoma Subdivision, stated her opposition to a gas station and convenience store.
She is opposed to fuel sales,regardless of whether it is two pumps or four. She is concerned about
RM071317 Minutes Page 7
noise and light pollution and traffic congestion. It will take many years for the canopy trees to
grow. She is also concerned about alcohol sales to neighborhood minors and safety due to the
rising number of convenience store robberies.
There being no further comments, the Public Hearing was closed at 10:45 p.m.
MOTION: Upon a motion made by Councilmember Benham and a second by Mayor Mooney,
the City Council voted none (0) for and seven (7) opposed, to adopt Ordinance 2017-3897,
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 amending Ordinance number
2012-3404 adopted on or about April26,2012 which created a PDD Planned Development District
by making changes to a portion of such district known as Harper's Crossing, Block 1, Lot 2 located
at 2849 Barron Road by amending the uses and requirements thereof. The motion failed.
5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2017-
3898, 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 MF Multi-Family and GC General Commercial to MF
Multi-Family and GC General Commercial for approximately 17.8 acres generally located
at the northeast corner of the intersection of Turkey Creek Road and Raymond Stotzer
Frontage Road.
Councilmember Moore recused himself from this item.
Mark Bombeck, Planning and Development, stated that the request is to adjust the zoning district
boundary between the subject properties. The land use composition for the 17.8 acre tract is
requested to be adjusted as follows; 12 acres Multi-Family and 5.8 acres General Commercial to
13.2 Multi-Family and 4.6 acres General Commercial.
The Planning&Zoning Commission considered this item at their June 15,2017 meeting and voted
6-0 to recommend approval.
At approximately 10:54 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 10:54 p.m.
MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember
Rektorik, the City Council voted six (6) for and none (0) opposed, with Councilmember Moore
recusing himself, to adopt Ordinance 2017-3898, 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 Multi-Family and General
Commercial to Multi-Family and General Commercial for approximately 17.8 acres generally
located at the northeast corner of the intersection of Turkey Creek Road and Raymond Stotzer
Frontage Road. The motion carried.
6. Presentation, possible action, and discussion on future agenda items and review of
standing list of Council generated agenda items: A Council Member may inquire about a
subject for which notice has not been given. A statement of specific factual information or
RM071317 Minutes Page 8
the recitation of existing policy may be given. Any deliberation shall be limited to a proposal
to place the subject on an agenda for a subsequent meeting.
Councilmember Harvell asked to see an item regarding a"Welcome to Wellborn" sign.
Councilmember Rektorik asked for the status regarding the five-mile ETJ agreement with the City
of Bryan and any annexation to our boundary. He also asked to see the status on our laws as they
relate to state law. He also asked for a Comp Plan review.
7. Executive Session
In accordance with the Texas Government Code §551.074-Personnel, the College Station City
Council convened into Executive Session at 10:58 p.m. on Thursday, July 13, 2017 in order to
continue discussing matters pertaining to:
Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
• City Secretary
• Council Self-evaluation
8. Take action, if any, on Executive Session.
No action was required from Executive Session.
9. Adjournment.
There being no further business, Mayor Mooney adjourned the Re.ular Meeting of the City
Council at 10:55 p.m. on Thursday, July 13, 2017.
:rl Mc. ey, .'payor r
ATTEST:
.(514kAA/s-Sherry Mash n, City Secretary
RM071317 Minutes Page 9