HomeMy WebLinkAbout03/28/2019 - Regular Minutes - City CouncilRM032819 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
MARCH 28, 2019
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Bob Brick
Jerome Rektorik
Linda Harvell
Elianor Vessali
John Nichols
Dennis Maloney
City Staff: Student Liaison
Bryan Woods, City Manager Rohan Sethi, Municipal Affair
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 to order
by Mayor Mooney at 7:06 p.m. on Thursday, March 28, 2019 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 for the Mayor’s Challenge in Support for Water Conservation.
Mayor Mooney presented the proclamation recognizing the eighth annual National Mayor’s
Challenge for Water Conservation, and proclaiming April 1-30, 2019, as Wyland Mayor's Challenge
for Water Conservation.
Proclamation for A Night of Hope Against Human Trafficking. (Pulled)
Proclamation for National Public Health Week
Mayor Mooney presented a joint proclamation recognizing the Brazos County Health District in
celebrating the week of April 1-7, 2019, as National Public Health Week, with the theme of
“Creating the Healthiest Nation: For science. For action. For health.” Sara Mendez accepted the
proclamation on behalf of the Brazos County Health District.
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Presentation of the Insurance Services Office Class 1 Designation to the College Station Fire
Department.
Phillip Bradley, Manager for the Texas ISO, announced that the College Station Fire Department
had achieved the Insurance Services Office Class 1 Designation. He presented plaques to Mayor
Mooney and Chief McMahan, Assistant Chief Mills, Captain Marrs, as well as other members of
the College Station Fire Department.
Hear Visitors Comments
Elianor Vessali, College Station, came before Council to honor the service and sacrifice of Army 2nd
Lt. Johnny K. Craver.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
March 14, 2019 Workshop Meeting
March 14, 2019 Regular Meeting
2b. Presentation, discussion, and possible action regarding Ordinance No. 2019-4081
amending Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1012
“Traffic Schedule XII, Speed Limits,” of the Code of Ordinances establishing a 35 mph speed
limit on sections of Lakeway Drive and Pebble Creek Parkway.
2c. Presentation, discussion, and possible action of Ordinance No. 2019-4082 amending
Chapter 38 “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1005 “Traffic
Schedule V, School Zones,” of the Code of Ordinances by adding a school zone along Graham
Road, a Longmire Drive, and Birmingham Road near International Leadership Texas.
2d. Presentation, discussion, and possible action on repealing Resolution No. 09-27-18-2l and
adopting a new Resolution No. 03-28-19-2d approving an Advanced Funding Agreement
(AFA) between the City of College Station and the State of Texas, acting through the Texas
Department of Transportation.
2e. Presentation, discussion, and possible action, regarding an Interlocal Agreement between
City of College Station and Wellborn Special Utility District for the cost participation by
Wellborn Special Utility District in the City’s Royder Road Phase II Widening Project.
2f. Presentation, discussion, and possible action regarding a construction contract in the
amount of $340,659.70 with Bayer Construction Electrical Con tractors, Inc. for the
installation of a traffic signal at the intersection of Texas Ave and Brothers Blvd and
Resolution No. 03-28-19-2f Declaring Intention to Reimburse Certain Expenditures with
Proceeds from Debt.
2g. Presentation, discussion, and possible action on a third change order to the Master Services
and Purchasing Agreement with Axon Enterprise, Inc. for purchases, support, warranty and
video data storage for all Axon body-worn cameras and fleet in-car video system increasing
the total contract value from $1,166,698.68 to $1,313,985.68.
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2h. Presentation, discussion, and possible action to amend Ordinance No 2019-4083, Section
2.95 of the City Code of Ordinances “Creation of an Audit Committee” to permit the two
appointed citizen committee members to vote on matters before the committee.
2i. Presentation, discussion, and possible action regarding the Termination of Conditions and
Restrictions created by general warranty deed dated June 11, 1984, on a 0.7500 acre tract of
land formerly owned by the City of College Station and located generally northwest of the
intersection of University Drive and Tarrow Street East, also known as the Chimney Hill Retail
Plaza.
MOTION: Upon a motion made by Councilmember Rektorik 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, discussion, and possible action regarding Ordinance No. 2019-
4084 amending Appendix “A”, “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 PDD Planned Development District to PDD Planned
Development District to amend the terms of the PDD and the associated Concept Plan for
approximately 1.7 acres being the DelRaye Subdivision, Tract A, generally located at 3940
Harvey Road.
Alaina Chafin, Planning and Development, stated that the property at 3940 Harvey Road was zoned
to PDD Planned Development District with a base zoning district of GC General Commercial for
the use of a Restaurant with a Drive Thru in 2000. Koppe Bridge Bar & Grill has been open at this
location since 2002. The property owner has determined that the existing parking lot is deficient
according to parking demands for the restaurant. The approved PDD and Concept Plan does not
permit parking between the restaurant and the Harvey Hillsides Creek located to the southeast. The
Concept Plan also provides for a 40-foot landscape buffer abutting the creek consisting of natural
vegetation. The purpose of the rezoning is to amend the terms of the existing PDD and Concept Plan
to reduce the size of the landscape buffer and allow for additional parking between the primary
building and Harvey Hillsides Creek to the east.
The Planning & Zoning Commission heard this item at their March 7, 2019 meeting and
recommended approval by a vote of 6-0, with a condition that a cross access easement be provided
to the adjacent 0.97-acre lot (as shown on the Concept Plan) located to the southwest of the subject
property along Harvey Road, and that the applicant be permitted to utilize this cross access as parking
until such time that the adjacent 0.97 acre tract redevelops. Staff also recommends approval.
At approximately 7:46 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:46 p.m.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2019-
4084, amending Appendix “A”, “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
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district boundaries from PDD Planned Development District to PDD Planned Development District
to amend the terms of the PDD and the associated Concept Plan for approximately 1.7 acres being
the DelRaye Subdivision, Tract A, generally located at 3940 Harvey Road. The motion carried
unanimously.
2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2019-4085 amending Appendix “A”, “Unified Development Ordinance,” Section 4.2, “Official
Zoning Map,” of the Code of Ordinances of the City of College Station, Texas to amend the
terms of the PDD Planned Development District for the Joint Research Valley BioCorridor
Development Project, covering approximately 147 acres that are generally located between
State Highway 47, Raymond Stotzer Parkway, Turkey Creek Parkway and the City limit.
Alaina Chafin, Planning and Development, stated that this request is to amend the terms and
development standards of the BioCorridor PDD, covering approximately 147 acres that are generally
located between State Highway 47, Raymond Stotzer Parkway, Turkey Creek Parkway and the City
limit. Mrs. Chafin stated that the purpose of the BioCorridor PDD is to provide a mixed-use zoning
district that establishes a planned urban environment which promotes leading-edged international
bio-technology. With each development thus far in the BioCorridor District a variance has been
requested from the current standards of the ordinance. The proposed changes are intended to provide
additional process and design flexibility for the District.
The Planning & Zoning Commission recommended approval, 6-0, on March 7, 2019. Staff also
recommends approval.
At approximately 7:55 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:01 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Rektorik, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2019-
4085, amending Appendix “A”, “Unified Development Ordinance,” Section 4.2, “Official Zoning
Map,” of the Code of Ordinances of the City of College Station, Texas to amend the terms of the
PDD Planned Development District for the Joint Research Valley BioCorridor Development Project,
covering approximately 147 acres that are generally located between State Highway 47, Raymond
Stotzer Parkway, Turkey Creek Parkway and the City limit. The motion carried unanimously.
3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2019-4086 amendment to Appendix A, “Unified Development Ordinance, of the Code of
Ordinances of the City of College Station, Texas, Section 8.3.E “Streets,” Section 8.3.G
“Blocks,” Section 8.3.V “Private Streets and Gating of Roadways,” Section 8.4.C “Streets,”
and Section 11.2 “Defined Terms” pertaining to streets and blocks.
Lauren Hovde, Planning and Development, stated that as part of the 2018 Plan of Work staff and the
Planning and Zoning Commission have worked together to identify opportunities to amend the
Unified Development Ordinance to improve development processes. This item proposes the
following changes:
To determine block and cul-de-sac length by designations of the Thoroughfare Plan
Functional Classification and Context Map rather than the Future Land Use and Character
Map;
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To provide additional block length exceptions with development plats and minor plats for
areas zoned for single family;
To eliminate the requirement that streets be projected in each cardinal direction and clarify
that street projections to unplatted properties apply when a street internal to the subdivision
is being provided or where there are adjacent land-locked tracks; and
To eliminate block perimeter requirements.
Ms. Hovde explained that with this proposed amendment, it is anticipated that more preliminary
plans may be approved at the staff level, saving hours of staff time and saving applicant’s weeks
waiting for a scheduled Commission meeting.
The Planning & Zoning Commission heard this item at their March 7, 2019 meeting and
unanimously recommended approval of the amendment. Staff also recommends approval.
At approximately 8:13 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:13 p.m.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2019-
4086, amending Appendix A, “Unified Development Ordinance, of the Code of Ordinances of the
City of College Station, Texas, Section 8.3.E “Streets,” Section 8.3.G “Blocks,” Section 8.3.V
“Private Streets and Gating of Roadways,” Section 8.4.C “Streets,” and Sect ion 11.2 “Defined
Terms” pertaining to streets and blocks. The motion carried unanimously.
4. Presentation, discussion, and possible action to approve Resolution No. 03-28-19-04 by the
City Council of the City of College Station, Texas, directing publication of notice of intention
to issue certificates of obligation, series 2019; and providing an effective date.
Mary Ellen Leonard, Director of Finance, stated that City’s Financial Advisor recommended that
the City issue Certificates of Obligation for utility projects instead of Utility Revenue Bonds (URBs).
The utility systems will cover their associated portion of debt service through utility revenues. The
certificates issued will be used to fund street, public facilities, electric, water and wastewater
projects, and pay debt issuance costs. The maximum amount of Certificates of Obligation
indebtedness that may be authorized to be sold is $82,000,000. Staff reviewed the impact of the
certificates on the City's ability to meet debt service requirements and the effect they may have on
the ad valorem tax rate. The impact on the tax rate and utility rates will be reviewed as part of the
financial forecast and FY20 budget. The recommendation is to move forward with this issuance.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Resolution No. 03-28-
19-04, directing publication of notice of intention to issue certificates of obligation, series 2019; and
providing an effective date. The motion carried unanimously.
5. Presentation, discussion, and possible action regarding ratification of an emergency
construction contract in the amount of $334,353.55 with Larry Young Paving, Inc. for the
emergency completion of the Shady Dr. to Glenhaven Dr. construction of the Francis Drive
Rehabilitation project.
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Emily Fisher, Assistant Director of Public Works, stated that the Francis Drive emergency
construction contract consists of completing the replacement of the pavement of Francis Drive with
concrete from Shady Dr. to Glenhaven Dr. The previous contract was terminated for convenience.
Mrs. Fisher explained that the remaining work consists mainly of stabilizing and compacting the
subgrade and placing concrete. One sanitary sewer manhole has to be set at the end of the previous
pipe-bursting work to complete the utilities under paving. This emergency contract was necessary
to preserve and protect the public health and safety of the City's residents and the traveling public
while completing the unfinished section of road, intersections, and residential driveways.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Maloney, the City Council voted seven (7) for and none (0) opposed, to approve the ratification of
an emergency construction contract in the amount of $334,353.55 with Larry Young Paving, Inc.
for the emergency completion of the Shady Dr. to Glenhaven Dr. construction of the Francis Drive
Rehabilitation project. The motion carried unanimously.
6. Presentation, possible action, and discussion regarding approval of Change Order No. 1, to
the construction contract with Palasota Contracting, LLC in the amount of $63,467.50 for the
construction of the General Parkway Extension North.
Emily Fisher, Assistant Director of Public Works, stated that the General Parkway Extension North
Project includes the extension of General Parkway from its existing northern terminus to Cain Road.
The railroad crossing currently located at Cain Road and FM 2154 is being closed due to safety
concerns, with a new railroad crossing to be opened at Deacon Drive and FM 2154, as part of the
current UP Deacon/Cain Railroad Crossing Project. The extension of General Parkway will allow
for improved transportation flow in the area after the closing of the existing railroad crossing. Mrs.
Fisher explained at the start of the excavation and embankment operation the contractor experienced
soft soil that pumped considerably in several areas; removal of soil to 2’ depth per specification
direction did not remedy the situation. This change order is for the removal of additional soil up to
3’ with additional stabilization and imported fill for most of the length of the project to remedy the
poor soil conditions on site.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Rektorik, the City Council voted seven (7) for and none (0) opposed, to approve the Change Order
No. 1, to the construction contract with Palasota Contracting, LLC in the amount of $63,467.50 for
the construction of the General Parkway Extension North. The motion carried unanimously.
7. 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 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 Nichols requested a future agenda item for a report on franchise fees collected for
utilities.
8. Adjournment.
There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council
at 9:01 p.m. on Thursday, March 28, 2019.
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________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary