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HomeMy WebLinkAbout04/12/2018 - Regular Minutes - City CouncilRM041218 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION APRIL 12, 2018 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Barry Moore John Nichols James Benham City Staff: Student Liaison Chuck Gilman, Interim City Manager Tory Oxendahl, Municipal Affairs Jeff Capps, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, 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 t o order by Mayor Mooney at 6:40 p.m. on Thursday, April 12, 2018 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. Hear Visitors Comments Abigail Fields, College Station, stated concerns regarding the restriction of so called “aggressive breeds” of dogs in rental units. Ms. Fields explained that these breeds are discriminated against based on reputation and not individual merits of the animal. She believes that an alternative to banning breeds is to allow individual dogs to be tested and certified as non -aggressive. A survey was taken and 52% of the community stated they could not have the dog they wanted because of the restriction of apartment complexes. Nan Crouse, College Station, representing the College Station Association of Neighborhoods, stated how her fight for her neighborhood has gone unnoticed. She belives that the College Station Association of Neighborhoods allows individual efforts to be more effective and encourages those who are interested in neighborhood integrity to join. RM041218 Minutes Page 2 Constance Woodman, College Station, stated her concerns about a recent news article that had declared College Station as the least affordable city to live in. Ms. Woodman feels the city is allowing rental companies to harm the young people with an impossible costs of living and predatory practices. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for:  March 19, 2018 Special Meeting  March 22, 2018 Workshop Meeting  March 22, 2018 Regular Meeting  April 2, 2018 Special Meeting 2b. Presentation, possible action, and discussion on the first reading of a franchise agreement with Budget Disposal d/b/a Premier Metal Buyers, for the collection of recyclables from commercial businesses and multi-family locations. 2c. Presentation, possible action, and discussion of proposed Habitat for Humanity Down Payment Assistance Program Guidelines. 2d. Presentation, possible action, and discussion of proposed revision to Down Payment Assistance Guidelines. 2e. Presentation, possible action, and discussion on a professional services contract with Kimley-Horn and Associates, Inc., in the amount of $232,650 for the rehabilitation of the parking lots at Brian Bachmann Park and Stephen C. Beachy Central Park. 2f. Presentation, possible action, and discussion on a Service Agreement with Emergicon, LLC to provide ambulance billing, accounts receivable and delinquent account collection services in an annual not-to-exceed amount of $155,000. 2g. Presentation, possible action, and discussion to approve a contract with Housley Communications, Inc. to lay underground conduit for future fiber optic infrastructure, in the amount of $98,730, as part of a joint bore with the BVCOG. 2h. Presentation, possible action, and discussion on the first reading of a franchise agreement with Pronto Services, LLC. for the collection of recyclables from commercial businesses and multi-family locations. 2i. Presentation, possible action, and discussion on a professional services contract (Contract No. 1830097) with Freese and Nichols, Inc. in the amount of $988,500 for the design, bidding, and construction administration for the Rock Prairie Elevated Storage Tank Project and approval of Resolution No. 04-12-18-2i declaring intention to reimburse certain expenditures with proceeds from debt. 2j. Presentation, possible action, and discussion regarding the sale and removal of approximately 19,000 tons of surplus asphalt millings from city property (Contract No. 18300461) for a total of $219,450 returned to the Roadway Maintenance fund. RM041218 Minutes Page 3 2k. Presentation, possible action, and discussion regarding approval of a construction contract (no. 18300201) with Dudley Construction, LTD. in the amount of $4,569,724.32 for the construction of the Veterans Park and Athletic Complex Build-Out, Phase 1 Project. 2l. Presentation, possible action, and discussion regarding the approval of the annexation development agreements referenced herein and authorizing the Mayor to sign said agreements on behalf of the City Council. 2m. Presentation, possible action, and discussion regarding approval of a real estate contract (Contract No. 18300475) that will authorize the purchase of property needed for the extension of General Parkway. The purchase price of the property is $225,000 and the closing costs are estimated at $2,500. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Moore, 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 No. 2018-3997 amending Appendix A, “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 SC Suburban Commercial for approximately 0.9 acres and R Rural to WRS Wellborn Restricted Suburban for approximately 34 acres of land located on FM 2154 approximately 0.4 miles from the intersection of FM 2154 and Greens Prairie Road West. Jennifer Paz, Planning & Development, stated that this request is amending the zoning district boundaries on the subject property to rezone approximately 0.9 acres from R Rural to SC Suburban Commercial and approximately 34 acres from R Rural to WRS Wellborn Restricted Suburban. The applicant has proposed that approximately 1 acre along Wellborn Road be rezoned to SC Suburban Commercial. Independently, this portion of the property would not likely be viable for development but the adjacent property is zoned SC Suburban Commercial and in common ownership with the subject property; therefore, with consolidation of these properties, adequate property would be available for development. The Planning & Zoning Commission unanimously recommended approval of the rezoning request at their meeting on March 15, 2018. Staff also recommended approval. At approximately 6:56 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 6:56 p.m. MOTION: Upon a motion made by Councilmember Moore and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2018- 3997 amending Appendix A, “Unified Development Ordinance,” Section 12-4.2, “Official Zoning Map,” of the Code of Ordinances of the City of College St ation, Texas, by changing the zoning district boundaries from R Rural to SC Suburban Commercial for approximately 0.9 acres and R Rural to WRS Wellborn Restricted Suburban for approximately 34 acres of land located on FM RM041218 Minutes Page 4 2154 approximately 0.4 miles from the intersection of FM 2154 and Greens Prairie Road West. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion Ordinance No. 2018-3998 to consider a Conditional Use Permit request for a Night Club, Bar, or Tavern Use encompassing 3,000 square feet of Building 3 at The Yard at Caprock Crossing, on approximately 4 acres located at 1551 Greens Prairie Road West, generally located near the intersection of Greens Prairie Road West and State Highway 6 South Frontage Road. Rachel Lazo, Planning & Development, stated that this request is for a Conditional Use Permit for the use of a Bar, comprising of approximately 3,000 square feet in Building 3 of a future commercial development, currently zoned GC General Commercial. The proposed use of a bar in this location requires a Conditional Use Permit to allow for a Nightclub, Tavern or Bar Use. The applicant is currently constructing a 3-building commercial development. The applicant requested that in addition to the restaurant, that the establishment be able to operate as a bar, allowing more than 75% of their annual gross revenue be derived from the sale of alcohol. The applicant has proposed that the bar operates from 2:00 pm to 2:00 am. The applicant is not proposing any additional changes to the site. The Planning & Zoning Commission considered this item at their March 15, 2018 meeting and voted unanimously to recommend approval. At approximately 7:01 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:01 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Rektorik, the City Council voted six (6) for and none (0) opposed, with Councilmember Moore abstaining, to adopt Ordinance 2018-3998 a Conditional Use Permit for a Night Club, Bar, or Tavern Use encompassing 3,000 square feet of Building 3 at The Yard at Caprock Crossing, on approximately 4 acres located at 1551 Greens Prairie Road West, generally located near the intersection of Greens Prairie Road West and State Highway 6 South Frontage Road. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2018-3999 amending Appendix A, “Unified Development Ordinance,” Section 5.3 “Non- Residential Zoning District”, Section 5.4 “Non-Residential Dimensional Standards”, Section 6.3 “Types of Uses”, Section 6.4 “Specific Use Standards”, Section 7.2 “General Provisions”, Section 7.3 “Off-Street Parking”, Section 7.7 “Buffer Requirements”, Section 7.10 “Non- Residential Architectural Standards”, Section 7.11 “Outdoor Lighting Standards”, and Section 11.2 “Defined Terms” as it relates to requirements for the SC Suburban Commercial Zoning District. City Attorney, Carla Robinson, distributed an updated Ordinance No. 2018-3999 along with a second document with changes recommended by the Planning and Zoning Commission to the council. Jennifer Paz, Planning & Development, stated that this item originated with the 2017 Planning & Zoning (P&Z) Commission Plan-of-Work and is intended to add flexibility to the SC Suburban RM041218 Minutes Page 5 Commercial Zoning District by modifying its requirements. The most significant changes include allowing additional uses and reducing buffer and architectural requirements. A summary of the proposed changes is provided below:  Amendments to Section 5.3 “Non-Residential Zoning District” and Section 5.4 “Non- Residential Dimensional Standards” revises the definition and setbacks for SC Suburban Commercial.  Amendments to Section 6.3 “Types of Uses” and Section 6.4 “Specific Use Standards” includes the addition of new permitted uses and the revision of requirements for existing uses to allow more flexibility for development within SC Suburban Commercial.  Amendments to Section 7.2 “General Provisions” removes additional height requirements for SC Suburban Commercial that are primarily related to roof pitch.  Amendments to Section 7.3 “Off-Street Parking” provides parking requirements for the new proposed uses.  Amendments to Section 7.7 “Buffer Requirements” reduces the buffer requirement for SC Suburban Commercial.  Amendment to 7.10 “Non-Residential Architectural Standards” changes architectural standards by removing the requirement for pitch roofs in SC Suburban Commercial and allowing for additional architectural elements.  Amendment to 7.11 “Outdoor Lighting Standards” provides clarification to outdoor lighting requirements.  Amendments to Section 11.2 “Defined Terms” incorporates definitions for Residential Live- Work Unit and Assisted Living/Residential Care Facility. The Planning & Zoning Commission approveditem on April 5th. Details of their recommendation were provided by Mr. Burns. At approximately 8:07 p.m., Mayor Mooney opened the Public Hearing. Constance Woodman, College Station, cautioned against removing any buffer between drive-thru or gas stations and residential units because of possible health concerns from vehicle emissions. Veronica Morgan, College Station, belives that this ordinance makes the Suburban Commercial zoning slightly more useful. She does take issue with the 15,000 square foot maximum size of hotels because she believes that size is not economically viable. Hugh Sterns, College Station, encourages the Council to go back and paint with a finer brush not to approve now. He believes that Suburban Commercial should be restrictive and tailored to protect neighborhood integrity or create a zoning that is specifically tailored to neighborhoods. He also stated that restricting drive-troughs will reduce congestion by encouraging foot traffic. Shirley Dupriest, College Station, called attention to the provisions of this ordinance that would allow an owner to have a tenant on top of a two-story building and an unknown business being operated on the first floor. She asked the council to consider the types of combinations that this ordinance would allow. Fred Dupriest, College Station, stated that he believes that this change would put real estate zoned Suburban Commercial on the same plane as those zoned General Commercial. He does not believe that these changes would serve neighborhoods which are adjacent to this zoning district. RM041218 Minutes Page 6 There being no further comments, the Public Hearing was closed at 8:19 p.m. MOTION: Upon a motion made by Councilmember Benham and seconded by Councilmember Moore to adopt P&Z proposed recommended Ordinance 2018-3999 amending Appendix A, “Unified Development Ordinance,” Section 5.3 “Non-Residential Zoning District”, Section 5.4 “Non-Residential Dimensional Standards”, Section 6.3 “Types of Uses”, Section 6.4 “Specific Use Standards”, Section 7.2 “General Provisions”, Section 7.3 “Off-Street Parking”, Section 7.7 “Buffer Requirements”, Section 7.10 “Non-Residential Architectural Standards”, Section 7.11 “Outdoor Lighting Standards”, and Section 11.2 “Defined Terms” as it relates to requirements for the SC Suburban Commercial Zoning District, and with additional changes made by Legal. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted four (4) for and three (3) opposed, with Councilmembers Benham, Moore, and Rektorik voting against, to amend the main motion and remove the section on Fuel Sale uses. The motion carried. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Moore, the City Council voted seven (7) for and none (0) opposed, to adopt P&Z proposed recommended Ordinance 2018-3999 amending Appendix A, “Unified Development Ordinance,” Section 5.3 “Non-Residential Zoning District”, Section 5.4 “Non-Residential Dimensional Standards”, Section 6.3 “Types of Uses”, Section 6.4 “Specific Use Standards”, Section 7.2 “General Provisions”, Section 7.3 “Off-Street Parking”, Section 7.7 “Buffer Requirements”, Section 7.10 “Non-Residential Architectural Standards”, Section 7.11 “Outdoor Lighting Standards”, and Section 11.2 “Defined Terms” as it relates to requirements for the SC Suburban Commercial Zoning District, and with additional changes made by Legal, as amended. The motion carried unanimously. At 8:40 p.m., Mayor Mooney recessed the Regular. Regular reconvened at 8:49 p.m. 4. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2018-4000 amending Appendix A, "Unified Development Ordinance," Article 4, “Zoning Districts,” Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by removing the KO Krenek Tap Overlay zoning district from all properties affected in the City of College Station, which are those located within 750 feet of Krenek Tap Road. Regular agenda items 4 & 5 were presented together. Molly Hitchcock, Planning & Development Assistant Director, stated that this item originated with the 2017 Planning & Zoning Commission’s Plan of Work item to help streamline the Unified Development Ordinance (UDO) and development processes. The request is to remove an overlay zoning district. There is no proposal for a new zoning district. The proposed rezoning removes property from the regulations of the Krenek Tap Overlay zoning district, and this rezoning accompanies an amendment to the UDO to delete the KO zoning district. The Krenek Tap Overlay zoning district was adopted in 2004 to enhance the views along Krenek Tap Road and create a sense of identity for the City, not only along the municipal property but along Krenek Tap Road itself. At the time, the City was pursuing the City Centre Concept for the development of the RM041218 Minutes Page 7 municipal property. The overlay changed the development standards for all properties along Krenek Tap (including single-family) by requiring parking to be located behind structures and placing limitations on façade and fence materials and roof and signage options. The overlay is applied to all property from the Krenek Tap right-of-way and back 750 feet (approximately 171 acres). The Planning and Zoning Commission unanimously recommended approval of the removal of the KO Krenek Tap Overlay at their meeting on March 15, 2108. At approximately 8:53 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:53 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Moore, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2018-4000 amending Appendix A, "Unified Development Ordinance," Article 4, “Zoning Districts,” Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by removing the KO Krenek Tap Overlay zoning district from all properties affected in the City of College Station, which are those located within 750 feet of Krenek Tap Road. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2018-4001 amending Appendix A, “Unified Development Ordinance,” Section 1.10 “Transitional Provisions,” Section 2.5 “Design Review Board,” Section 4.1 “Zoning Map Amendment,” Section 5.10 “Overlay Districts,” and Section 7.5 “Signs” of the Code of Ordinances of the City of College Station, Texas, to remove the Krenek Tap Overlay zoning district. Regular agenda items 4 & 5 were presented together. The Planning & Zoning Commission unanimously recommended to approve this item at their regular meeting on March 15, 2018. At approximately 8:54 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:54 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Moore, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2018-4001 amending Appendix A, “Unified Development Ordinance,” Section 1.10 “Transitional Provisions,” Section 2.5 “Design Review Board,” Section 4.1 “Zoning Map Amendment,” Section 5.10 “Overlay Districts,” and Section 7.5 “Signs” of the Code of Ordinances of the City of College Station, Texas, to remove the Krenek Tap Overlay zoning district. The motion carried unanimously. 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 statemen t of specific factual information or RM041218 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 requested a future item from the Fire Department on vehicles, staffing, and personal safety equipment for Fire Fighters. Councilmember Harvell requested a future item from the Police Department on vehicles, equipment, and staffing levels. 7. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 9:00 p.m. on Thursday, April 12, 2018. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary