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HomeMy WebLinkAbout01/09/2020 - Regular Agenda Packet - City CouncilCollege Station, TX Meeting Agenda City Council Regular 1101 Texas Ave, College Station, TX 77840 January 9, 2020 6:00 PM City Hall Council Chambers College Station, TX Page 1 1.Call to Order, Pledge of Allegiance, Invocation, Consider Absence Request. Speaker Protocol: An individual who wishes to address the City Council regarding any item on the  Workshop Agenda other than those items posted for Executive Session shall register with the City  Secretary prior to the meeting being called to order. Registration forms are available in the Office of  the City Secretary. Upon stepping to the podium the speaker must state their name and city of  residence,  including  the  state  of  residence  if  the  city  is  located  out  of  state.  Speakers  are  encouraged  to  identify  their  College  Station  neighborhood  or  geographic  location.  An  individual  speaking on a Consent Agenda item on the Workshop agenda may not speak on that item at the  Regular Meeting on the same day. Each speaker’s remarks are limited to three (3) minutes. An  individual speaking on multiple Consent Agenda items must speak on all items when the speaker is  called to the podium. An individual speaking on multiple Consent Agenda items will have three (3)  minutes to speak on the first item and one (1) additional minute to speak per each additional item  regardless of the number of items they wish to address. Any speaker addressing the Council through  the use of a translator may speak for six (6) minutes and in the case of Consent Agenda items an  additional two (2) minutes per item. An individual may speak for ten (10) minutes on behalf of a  group of five (5) or more. The five (5) or more individuals must sign the registration form and must be  present when the speaker is introduced. Those signing may not speak individually. A speaker who  wishes  to  include  computer­based  information  while  addressing  the  Council  must  provide  the  electronic  file  to  the  City  Secretary  by  noon  on  the  day  of  the  Council  meeting.  During  each  speaker’s  remarks  a  timer  light  will  change  from  green  to  yellow  when  there  is  thirty  seconds  remaining. The speaker must conclude their remarks when the timer light changes from yellow to  red.  2.Hear Visitors During Hear Visitors an individual may address the City Council on any item which does not appear  on the posted agenda. The City Council will listen and receive the information presented by the  speaker, ask staff to look into the matter, or place the issue on a future agenda. Topics of operational  concern shall be directed to the City Manager.  3.Consent Agenda During the Consent Agenda an individual may address the City Council on any Consent Agenda  Item.  Presentation,  discussion,  and  possible  action  on  consent  agenda  items  which  consists  of  ministerial  or  "housekeeping"  items  required  by  law.  Items  may  be  removed  from  the  consent  agenda by majority vote of the Council.  Page 1 of 55 City Council  City Council Regular Page 2 January 9, 2020 3.1.Presentation, discussion, and possible action on minutes for: December 10, 2019 Workshop December 10, 2019 Regular  Sponsors:Tanya Smith  Attachments:1.RM121019 DRAFT Minutes 2.WKSHP121019 DRAFT Minutes 3.2.Presentation, discussion, and possible action regarding the rejection of all bids submitted for  the purchase of electric Meter Pedestals, which would be maintained in electrical inventory  and expended as needed.   Sponsors:Timothy Crabb  Attachments:None 3.3.Presentation, discussion, and possible action on bid award for the purchase of electric  capacitor banks, which will be maintained in electrical inventory and expended as needed.  The total recommended award is $106,680 for the purchase of Electric Capacitor Banks from  Techline Inc.  Sponsors:Mary Ellen Leonard  Attachments:1.20.01.09 Capacitor Banks 3.4.Presentation, discussion, and possible action regarding a Second Amendment to the Interlocal  Cooperation and Joint Development Agreement known as the Joint Research Valley  BioCorridor Development Agreement Project, to modify project site boundaries, expand  revenue sharing territory, and to transfer wastewater CCN service area pursuant to Water  Code Section 13.248.  Sponsors:Gary Mechler  Attachments:1.On File with City Secretary's Office     4.Regular Agenda  4.1.Public Hearing, presentation, discussion, and possible action regarding an ordinance  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 O Office and D Duplex to GC General Commercial on approximately 1.1  acres of land recorded as College Heights Addition Block C, Lots 1­6 and Public Alley,  generally located at the intersection of University Drive East and Eisenhower Street.  Sponsors:Laura Gray   Attachments:1.Ordinance 2.Background Information 3 3.Vicinity Map, Aerial, and Small Area Map 4.College Heights Addition Rezoning Exhibit 5.Applicant's Supporting Information 6.College Heights Addition Rezoning Map Page 2 of 55 City Council  City Council Regular Page 3 January 9, 2020 4.2.Public Hearing, presentation, discussion, and possible action regarding a Conditional Use  Permit for a Night Club, Bar or Tavern use encompassing a 1,270 square foot expansion of an  existing bar located at 650 William D. Fitch Parkway, generally located on the southwest  corner of Arrington Road and William D. Fitch Parkway.  Sponsors:Laura Gray   Attachments:1.Ordinance 2.Background Information 3.Vicinity, Aerial & Small Area Map 4.Application Supporting Information 5.Site Plan 4.3.Presentation, discussion, and possible action regarding an appointment to the Brazos Central  Appraisal District.  Sponsors:Tanya Smith  Attachments:None 4.4.Presentation, discussion, and possible action regarding appointments to the Spring Creek  Local Government Corporation.  Sponsors:Tanya Smith, Natalie Ruiz  Attachments:None 4.5.Presentation, discussion, and possible action regarding an appointment of a City Council  member to the Comprehensive Plan Evaluation Committee.  Sponsors:Tanya Smith, Jennifer Prochazka  Attachments:None 4.6.Presentation, discussion, and possible action regarding appointments to the following boards,  committees and commissions: Architectural Advisory Committee Audit Committee B/CS Library Committee Bicycle, Pedestrian, and Greenways Advisory Board Construction Board of Adjustments Design Review Board Joint Relief Funding Review Committee Parks and Recreation Board Planning and Zoning Commission Zoning Board of Adjustment  Sponsors:Tanya Smith  Attachments:None    5.Adjournment.  The City council may adjourn into Executive Session to consider any item listed on the the agenda if a  matter is raised that is appropriate for Executive Session discussion.  Page 3 of 55 City Council City Council Regular Page 4 January 9, 2020 I certify that the above Notice of Meeting was posted at City Hall, 1101 Texas Avenue, College Station,  Texas, on January 3, 2020 at 5:00 p.m.  City Secretary This  building  is  wheelchair  accessible.  Persons  with  disabilities  who  plan  to  attend  this meeting    and    who    may    need    accommodations,    auxiliary    aids,    or    services    such    as interpreters,   readers,  or  large  print  are  asked  to  contact  the  City  Secretary’s  Office  at  (979) 764­3541,  TDD   at  1­800­735­2989,  or  email  adaassistance@cstx.gov  at  least  two  business days  prior  to  the   meeting   so   that   appropriate   arrangements   can   be   made.   If   the   City   does  not   receive   notification  at  least  two  business  days  prior  to  the  meeting,  the  City  will  make  a reasonable  attempt to provide the necessary accommodations. Penal Code § 30.07. Trespass by License Holder with an Openly Carried Handgun. "Pursuant  to  Section  30.07,  Penal  Code  (Trespass  by  License  Holder  with  an  Openly  Carried     Handgun)     A     Person     Licensed     under     Subchapter     H,     Chapter     411,  Government   Code   (Handgun   Licensing   Law),   may   not   enter   this   Property   with   a  Handgun that is Carried Openly."Codigo  Penal § 30.07. Traspasar Portando Armas de Mano al Aire Libre con Licencia. “Conforme  a  la  Seccion  30.07 del  codigo  penal  (traspasar  portando  armas  de  mano al    aire   libre   con   licencia),   personas   con   licencia   bajo   del   Sub­Capitulo   H,   Capitulo  411,  Codigo  de  Gobierno  (Ley  de  licencias  de  arma  de  mano),  no  deben  entrar  a  esta  propiedad portando arma de mano al aire libre.” Page 4 of 55 January 9, 2020 Item No. 3.1. Minutes for December 10th Council Meetings Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on minutes for: December 10, 2019 Workshop December 10, 2019 Regular Relationship to Strategic Goals: Good Governance Recommendation(s): Approval Summary: N/A Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: 1.RM121019 DRAFT Minutes 2.WKSHP121019 DRAFT Minutes Page 5 of 55 RM121019 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION DECEMBER 10, 2019 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, 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 6:52 p.m. on Tuesday, December 10, 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. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to approve an absence request from Councilmember John Crompton for the November 25, 2019 Council Meeting. The motion carried unanimously. Presentation proclaiming December 8th to 14th as La Villita Chapter of the Daughters of the American Revolution Week. Mayor Mooney presented La Villita Chapter, with a proclamation proclaiming December 8th to 14th, 2019 as “La Villita Chapter of the Daughters of the American Revolution Week,” and recognized their 75 years of outstanding service to this community. Hear Visitors Comments Page 6 of 55 RM121019 Minutes Page 2 Janet Dudding, Bryan, stated that she is running for the Texas House and wanted to introduce herself since one of her issues is local control and coordination with local government. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: November 25, 2019 Workshop Meeting November 25, 2019 Regular Meeting 2b. Presentation, discussion, and possible action to approve the renewal of the City’s contract with CHI St. Joseph Health for Employee Health Clinic operations and management services. 2c. Presentation, discussion, and possible action regarding Resolution No. 12-10-19-2c approving an agreement for construction, maintenance, and operation of continuous lighting systems between the City of College Station and the State of Texas, acting through the Texas Department of Transportation (TXDOT). 2d. Presentation, discussion, and possible action regarding Resolution No. 12-10-19-2d reappointing Brian Hilton as the Emergency Management Coordinator. 2e. Presentation, discussion, and possible action regarding approval of a construction contract with CRT GC, Inc., dba Caprock Construction, in the amount of $2,126,384 for the demolition and reconstruction of three facilities within Bee Creek Park and Central Park. 2f. Presentation, discussion, and possible action regarding adoption of the 2020 Annual Council Calendar. 2g. Presentation, discussion, and possible action on a Professional Services Contract with Mitchell & Morgan in the amount of $633,067.84 for design phase services for Corporate Parkway. 2h. Presentation, discussion, and possible action on Ordinance No. 2019-4142 authorizing a Special Election to be held on January 28, 2020, for the purpose to fill a vacancy for the two year remainder of the unexpired term of office of Councilmember, Place 4, by the qualified voters of the City of College Station, establishing early voting locations, polling places for this election and making provisions for conducting the election; and approval of an interlocal government agreement with Brazos County for the conduct and management of the City of College Station Special Election. Presentación, posible acción y discusión sobre una ordenanza autorizando una Elección Especial para celebrarse el 28 de enero de 2020, para el propósito de cubrir una vacante por el resto de dos años del mandato no expirado del Miembro del Consejol, Lugar 4, por medio de los votantes calificados de la Ciudad de College Station, estableciendo los puestos de votaciones tempranas, los centros de votaciones para esta elección y hacer disposiciones para llevar a cabo la elección, y la aprobación de un acuerdo de gobierno interlocal con el Condado de Brazos para la conducta y gestión de la Elección Especial de la Ciudad de College Station. Consent Item 2h was pulled for a separate vote. Page 7 of 55 RM121019 Minutes Page 3 MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Crompton, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda, with the exception of 2h. The motion carried unanimously. (2h) MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda Item 2h, adopting Ordinance No. 2019-4142 authorizing a Special Election to be held on January 28, 2020, for the purpose to fill a vacancy for the two year remainder of the unexpired term of office of Councilmember, Place 4, by the qualified voters of the City of College Station, establishing early voting locations, polling places for this election and making provisions for conducting the election; and approval of an interlocal government agreement with Brazos County for the conduct and management of the City of College Station Special Election. The motion carried unanimously. REGULAR AGENDA 1. Presentation, discussion, and possible action regarding the approval of an Annexation Service Agreement between The City of College Station and David Whitt for an approximate four-acre tract on the southwest side of the City, generally located on the east side of Wellborn Road between Barron Cut-Off Road and McCullough Road. Molly Hitchcock, Planning and Development, stated that prior to holding a public hearing and considering the annexation of property at the request of a property owner, new state legislation requires that the city enter into a written agreement with the owner of the land regarding the provision of services. This agreement defines what city services will be provided to the property upon annexation and the period within which other services will be provided. The city is not required to provide a service that is not in the agreement. Mrs. Hitchcock explained that there is a four-acre tract on the southwest side of the City on Wellborn Road that is completely surrounded by the city of College Station. The property owner of this tract has requested annexation and has agreed to the terms of the attached Service Agreement. The Service Agreement is generic in nature, offering the same level of services to the subject property as would be offered to any other property in the City in similar conditions. In brief, there are no parks or public facilities on the property for the City to assume responsibility of. The subject property will immediately receive basic services such as police, fire, and emergency medical services, solid waste and recycling services upon establishment of a utility account, animal control and development services. The property falls within the Wellborn SUD CCN for water and BTU for electric, but it is in the College Station CCN for wastewater and it is adjacent to a 12-inch wastewater main. If annexed, the property will enter into the City with R Rural zoning, which can be served by the existing infrastructure; however, downstream wastewater capacity is limited so any proposed increase in density may require improvements to the system by the property owner upon development. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to approve an Annexation Service Agreement between The City of College Station and David Whitt for an approximate four-acre tract on the southwest side of the City, generally located on the east side of Wellborn Road between Barron Cut-Off Road and McCullough Road. The motion carried unanimously. 2.Public Hearing, presentation, discussion, and possible action Ordinance No. 2019-4143 Page 8 of 55 RM121019 Minutes Page 4 regarding the annexation upon request of landowner of approximately four acres on the southwest side of the City, generally located on the east side of Wellborn Road between Barron Cut-Off Road and McCullough Road. Molly Hitchcock, Planning and Development, stated that with an interest in selling the property for possible development, the owner has requested annexation of the property into the City limits. The subject property is completely surrounded by the City of College Station. Mrs. Hitchcock explained that according to recently adopted state legislation, the City Council may annex an area on request of the owner after a Service Agreement has been entered into with the property owner and after a public hearing has been held where persons interested in the annexation have the opportunity to be heard. The subject property is one that is subject to an agreement from 2011, expiring in 2021. Mrs. Hitchcock stated that if annexed, the property will enter into the City with R Rural zoning, which can be served by the existing infrastructure; however, downstream wastewater capacity is limited, so any proposed increase in density may require improvements to the system by the property owner upon development. The property is identified on the Comprehensive Plan Future Land Use and Character Map as Wellborn Commercial. The Planning and Zoning Commission considered this item at their November 21, 2019 meeting and voted 6 to 0 to recommend approval. Staff also recommends approval of the annexation. At approximately 7:14 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:14 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2019-4143 regarding the annexation upon request of landowner of approximately four acres on the southwest side of the City, generally located on the east side of Wellborn Road between Barron Cut-Off Road and McCullough Road. The motion carried unanimously. 3.Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2019-4144 vacating and abandoning an approximately 10-foot wide portion of a Public Utility Easement lying within Lot 2, Block 2 of the Crescent Pointe Phase One subdivision. Alma Guerra, Planning and Development, stated that the 10-foot wide portion of a Public Utility Easement subject to abandonment is located within Lot 2, Block 2 of the Crescent Pointe Phase One subdivision, according to the final plat recorded in Volume 6880, Page 188, of the Deed Records of Brazos County, Texas. This public utility easement abandonment will accommodate future development of the aforementioned lot. There are currently no existing utilities in the easement. At approximately 7:17 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:17 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2019-4144, vacating and abandoning an approximately 10-foot wide portion of a Public Utility Easement lying Page 9 of 55 RM121019 Minutes Page 5 within Lot 2, Block 2 of the Crescent Pointe Phase One subdivision. The motion carried unanimously. 4.Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2019-4145 amending the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to General Commercial for approximately 1.8 acres, for the property located at 12925 & 12965 FM 2154. Rachel Lazo, Planning and Development, stated that the applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to General Commercial to better align with the existing uses and development pattern in the surrounding area and to prepare the property for commercial development. The subject property includes a portion of Edelweiss Business Center Block 1, Lot 9, and the adjacent unplatted lot. The portion of Lot 9 adjacent to the Edelweiss Estates subdivision is requested to remain Suburban Commercial. This request is in conjunction with a request for a rezoning from C-3 Light Commercial and R Rural to SC Suburban Commercial and GC General Commercial. The Planning & Zoning Commission heard this item at their November 21, 2019 Regular meeting and voted 6-0 to recommend approval. Staff also recommends approval of the Comprehensive Plan Future Land Use and Character Map amendment. At approximately 7:23 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:23 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2019-4145, amending the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to General Commercial for approximately 1.8 acres, for the property located at 12925 & 12965 FM 2154. The motion carried unanimously. 5.Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2019-4146 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 C-3 Light Commercial and R Rural to SC Suburban Commercial and GC General Commercial on approximately 1.5 acres of land, located at 12965 FM 2154. Rachel Lazo, Planning and Development, stated that the applicant is requesting to rezone the subject property from C-3 Light Commercial and R Rural to SC Suburban Commercial and GC General Commercial to better align with the surrounding area and to prepare the property for commercial development. The rezoning request was submitted in conjunction with a request to amend the Comprehensive Plan Future Land Use and Character Map from Suburban Commercial to General Commercial. The proposed rezoning creates a contiguous node of GC General Commercial zoned property located near the intersection of Rock Prairie Road and FM 2154. Rezoning to allow general commercial uses closer to FM 2154 is anticipated to increase the marketability of the property. The Planning & Zoning Commission heard this item at their November 21, 2019 Regular meeting and voted 6-0 to recommend approval. Staff also recommends approval of the rezoning request. Page 10 of 55 RM121019 Minutes Page 6 At approximately 7:26 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:26 p.m. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2019- 4146, 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 C-3 Light Commercial and R Rural to SC Suburban Commercial and GC General Commercial on approximately 1.5 acres of land, located at 12965 FM 2154. The motion carried unanimously. 6.Public Hearing, presentation, discussion, and possible action regarding the Annual Review of the Comprehensive Plan and the Annual Review of the Unified Development Ordinance. Lauren Hovde, Planning and Development, stated that the Annual Review of the Comprehensive Plan and UDO highlighted some of the City’s major initiatives this past year. The Review is organized by project type and assesses significant actions and accomplishments during the past year that further the implementation of the Plan. The report is an interactive format that links to detailed information on the City’s web pages, including the original plans, maps, and a more detailed implementation status. The Planning & Zoning Commission heard this presentation at their November 21st Regular meeting, with no recommended changes. Staff recommends that City Council receive the report and provide any feedback that the Council sees appropriate. At approximately 7:32 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:32 p.m. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to approve the Annual Review of the Comprehensive Plan and the Annual Review of the Unified Development Ordinance. The motion carried unanimously. 7.Presentation, discussion, and possible action regarding a Semi-Annual Report on System- Wide Impact Fees for Water, Wastewater, and Roadway. Carol Cotter, Planning and Development, presented a brief update on the “System-Wide” Impact Fees for water, wastewater, and roadways that was adopted the latter part of 2016. The fee implementation has occurred in phases, with full fee implementation having occurred in December of last year. The service area for roadway impact fees is bounded by the City-limits; however, service areas for system-wide water and wastewater impact fees do not strictly follow City-limit lines and include some areas of the City’s Extra-Territorial Jurisdiction (ETJ). Mrs. Cotter explained that the Land Use Assumptions and the related Capital Improvements Plans have remained unchanged over the reporting period April 1, 2019 through September 30, 2019. This Page 11 of 55 RM121019 Minutes Page 7 report primarily documents the fees collected in each of the service areas, since there have been no major changes to any of the impact fee programs during the reporting period. At Planning and Zoning meeting on November 7, 2019, the Planning and Zoning Commission along with a representative from the ETJ, acting in their capacity as the Impact Fee Advisory Committee, unanimously recommended acceptance of the Report. Staff also recommends that Council acknowledge and accept the Semi-Annual Report - No Further Action is required at this time. MOTION: Upon a motion made by Councilmember Maloney and a second by Mayor Mooney, the City Council voted six (6) for and none (0) opposed, to approve the Semi-Annual Report on System- Wide Impact Fees for Water, Wastewater, and Roadway. The motion carried unanimously. 8.Presentation, discussion, and possible action regarding the proposed Neighborhood Conservation Overlay (NCO) Process Handbook. Jade Broadnax, Planning and Development, stated that staff created a Neighborhood Conservation (NCO) Process Handbook to assist neighborhoods through the overlay zoning process. The handbook outlines the responsibilities of both the neighborhood and the City in the process, and includes checklists and templates for things such as the rezoning petition, neighborhood meeting agendas, and meeting minutes. Ms. Broadnax explained that in March of 2019, Planning and Development Staff presented potential changes to the Neighborhood Conservation Overlay (NCO) district in the Unified Development Ordinance (UDO) to the Planning and Zoning Commission and City Council, including both standards and processes. The Planning and Zoning Commission and City Council reached consensus to move forward with proposed changes to simplify the NCO rezoning process. The Planning & Zoning Commission discussed this item at their December 5th meeting. Staff recommends that City Council receive the report and provide any feedback that the Council sees appropriate. At approximately 8:05 p.m., Mayor Mooney opened for Citizens Comments. Fred Dupriest, College Station, stated that the proposed Neighborhood Conservation Overlay (NCO) Process Handbook is really good work. He then gave the opinion that most people will not get involved until they are handed a petition, and that the council should empower the advocacy groups from the being to the end of the process. Nan Crouse, College Station, spoke on the proposed Neighborhood Conservation Overlay (NCO) Process Handbook, stating that neighborhood groups are always fighting the facts of the miss communication. There being no comments, the Citizens Comments was closed at 8:37 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to bring the proposed Neighborhood Conservation Overlay (NCO) Process Handbook back along with the Ordinance. The motion carried unanimously. Page 12 of 55 RM121019 Minutes Page 8 9.Presentation, discussion, and possible action regarding the appointment of Councilmembers to boards and commissions. Brazos Valley Wide Area Communications System: Linda Harvell RELLIS External Advisory Council: Bob Brick Spring Creek Local Government Corporation Serve: John Nichols (reappointed); one vacancy Architectural Advisory Committee: remain vacant until after January 28, 2020 Special Election Audit Committee: Linda Harvell Budget and Finance: Dennis Maloney Compensation and Benefits: remain vacant until after January 28, 2020 Special Election Economic Development: John Crompton MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted six (6) for and none (0) opposed, to approve appointments list above. The motion carried unanimously. 10. 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 Crompton requested a future agenda item to discuss impact fees as related to the fiscal impact of future infrastructure necessitated by development. Councilmember Nichols added to Councilmember Crompton’s request to do an examination on the impact of impact fees on development. 11. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 8:49 p.m. on Tuesday, December 10, 2019. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary Page 13 of 55 WKSHP121019 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP CITY OF COLLEGE STATION DECEMBER 10, 2019 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Jeff Kersten, Assistant City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present With a quorum present, the Workshop of the College Station City Council was called to order by Mayor Mooney at 3:05 p.m. on Tuesday, December 10, 2019 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Employee Recognition, Recognition of Employee of the Year Nominees, and Reception. The following employees were recognized for service: 20 Years of Service Scott Admire, Chet Barker, James Boykin, Matthew Brunson, Julie Caler, Deborah Ellor, Scott Giffen, Jason Giles, Donald Harmon, Gina Jamison, Leon Moore, Michael Mullen, Michael, Perkins, Vincent Rodriguez, Natalie Ruiz, Robert Slentz, Kevin Stobbs, and Lance Williams. 25 Years of Service Peter Caler, John Dohnalik, Peter Garcia, Carolyn Green, David Olivarez, Timothy Payne, and Timothy Valdez. 30 Years of Service Norman Herrick, Eddie Macik, and Joyce Parish. 35 Years of Service Joyce Hohlt Page 14 of 55 WKSHP121019 Minutes Page 2 Nominees for Employee of the Year were: Clint Anderson, Julie Burden, Anita Dorsey, Sean Dwyer, Nathan Hicks, Dan Merkel, Lorenza Nutall, Englesh Rhodes, Ricky Watson, and Betty Young. The Employee of the Year is Betty Young. Workshop was suspended at 3:25 pm A small reception followed. Workshop resumed at 3:41 pm 3. Executive Session In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072- Real Estate, and §551.074-Personnel, the College Station City Council convened into Executive Session at 3:42 p.m. on Tuesday, December 10, 2019 in order to continue discussing matters pertaining to: A. Consultation with Attorney to seek advice regarding pending or contemplated litigation; to wit: Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas B. Consultation with attorney to receive legal advice; to wit: Legal advice concerning a recent Title VII claim. C. Deliberation on the purchase, exchange, lease, or value of real property; to wit: Property located generally northwest of the intersection of University Drive and Texas Avenue in College Station, Texas. Property located generally in the vicinity of Highway 50 in South Robertson County, Texas. D.Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation City Manager Executive Session recessed at 5:52 p.m. 4. Reconvene from Executive Session and take action, if any. Page 15 of 55 WKSHP121019 Minutes Page 3 No vote or action was taken in Executive Session. 5. Presentation, possible action and discussion on items listed on the consent agenda. Mayor Mooney opened the floor for comment on consent agenda items by the public. Preston Cunha, College Station, stated his concerns on item 2h regarding the MSC not being a voting location during the upcoming Special Election. Mr. Cunha asked Council to reconsider having the MSC as a voting location for the convenience of Texas A&M students. 6. Presentation, discussion, and possible action on the election of Mayor Pro Tempore. MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to appoint Linda Harvell as Mayor Pro Tempore. The motion carried unanimously. 7. Presentation, discussion, and possible action regarding a report on franchise fees collected for utilities. Brian Piscacek, Assistant to the City Manager, presented a report on franchise fees collected for utility services within the city limits of College Station. Mr. Piscacek an overview of providers, service areas, and revenues concerning utility service for residents of the city. Current Franchise Fee Agreements: Bryan Texas Utilities Executed 10/25/2010, with a term of 10 years 5% of gross revenues for those customers and activities within College Station city limits Atmos Energy Executed 3/27/2014, ending 12/31/2023 5% of gross revenues for those customers and activities within College Station city limits Number of CSU Customers: Electric Residential: 39,107 Commercial: 3,338 Water Residential: 24,824 Commercial: 1,295 Wastewater Residential: 35,616 Commercial: 1,182 Future Development: -within city limits -outside CSU areas 522 multi-family units under construction The Ranch at Arrington Caprock Crossing Multi-Family Page 16 of 55 WKSHP121019 Minutes Page 4 1,500 single-family lots with preliminary plan approval Williams Creek Estates Mission Ranch Greens Prairie Reserve Over 500 single-family homes with final plat approval (includes 78 from item above) 34,400 square feet of commercial development under construction 8. Presentation and discussion on the new city hall project. Trace Saenz, Kirksey Architecture, updated the City Council on the exterior of the new city hall building. Mr. Saenz detailed how the design has come together over the past months and highlighted the themes of traditional Texas municipal architecture and turn of the century train stations represented in the design. The approved capital improvements program budget for the new city hall is in the amount of $39,300,000. 9. Council Calendar Council reviewed the calendar. 10. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan-College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board). Councilmember Nichols reported on the Brazos County Health Department. 11. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 6:36 p.m. on Tuesday, December 10, 2019. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary Page 17 of 55 January 9, 2020 Item No. 3.2. Rejection of Bid - Price Agreement for Electric Meter Pedestals Sponsor:Timothy Crabb, Director of Electric Reviewed By CBC:N/A Agenda Caption:Presentation, discussion, and possible action regarding the rejection of all bids submitted for the purchase of electric Meter Pedestals, which would be maintained in electrical inventory and expended as needed. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends the approval of the rejection of all bids and the recommendation of no award of ITB 20-012 for the purchase of Electric Meter Pedestals. Summary: On November 26, 2019, five (5) sealed bids were received and opened for the Invitation to Bid, 20-012 for the purchase of Electric Meter Pedestals. Electric staff evaluated the bids for compliance to the needed specifications and recommended awarding the contract to a single vendor, Texas Electric Cooperative. The developer of the property requesting these Electric Meter Pedestals has changed their design request, which means the need for large quantities of these pedestals has diminished. Therefore, it is in the best interest of the City to reject all bid responses and reject this bid formally. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 18 of 55 January 9, 2020 Item No. 3.3. Annual Price Agreement for Electric Capacitor Banks Sponsor:Mary Ellen Leonard, Director of Fiscal Services Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action on bid award for the purchase of electric capacitor banks, which will be maintained in electrical inventory and expended as needed. The total recommended award is $106,680 for the purchase of Electric Capacitor Banks from Techline Inc. Relationship to Strategic Goals: Core Services and Infrastructure Recommendation(s): Staff recommends the award to the lowest responsible bidder which met the specifications as follows: Techline, Inc. $106,680.00. Summary: On November 5, 2019, seven (7) sealed bids were received and opened for the Invitation to Bid, 20-005 for the purchase of Electric 600 kVar Capacitor Banks. Electric staff evaluated the bids for compliance to the needed specifications and recommended awarding the contract to a single vendor, Techline Inc. The bids submitted by Wesco, Texas Electric Cooperative, and KBS, had lower pricing but did not meet the Capacitor Bank specifications and were therefore not considered for award. Upon Council approval, a blanket order will be issued to Techline, Inc. for the period of one year. The materials will be placed and maintained in the Electrical inventory and expensed as needed. Budget & Financial Summary: Funds are budgeted and available in the Electrical Fund. Various projects may be expensed as supplies are pulled from inventory and issued. Reviewed & Approved by Legal: No Attachments: 1.20.01.09 Capacitor Banks Page 19 of 55 College Station Purchasing Division Bid Tabulation #20-005 Purchase of Electric Capacitor Banks Open Date: November 5, 2019 @ 2:00 P.m. BID#20-005 CAPACITOR BANKS Total Price $86,425.44 Total Price $85,656.00 Total Price $97,440.00 Total Price $106,680.00 Line #Description Mfgr Mfgno QTY UOM Unit Extended Unit Extended Unit Extended Unit Extended 1 12 EA $8,890.00 $106,680.00 1 ALT1 12 EA $7,202.12 $86,425.44 $7,138.00 $85,656.00 $8,120.00 $97,440.00 Total Price $119,724.00 Total Price $126,360.00 Total Price $128,208.00 Line #Description Mfgr Mfgno QTY UOM Unit Extended Unit Extended Unit Extended 1 12 EA 1 ALT1 12 EA $9,977.00 $119,724.00 $10,530.00 $126,360.00 $10,684.00 $128,208.00 Techline, Inc. Texas KBS Wesco Distribution Electric Cooperatives ELECTRICAL DIST. 600 kVar Capacitor Bank Per attached Bid Specs Did not meet Specifications Did not meet Specifications Did not meet Specifications Did not meet Specifications Did not meet Specifications Did not meet Specifications 600 kVar Capacitor Bank Per attached Bid Specs Scott Engineering, Inc.KD Johnson Brandon & Clark Inc. 600 kVar Capacitor Bank Per attached Bid Specs 600 kVar Capacitor Bank Per attached Bid Specs BID#20-005 Addendum 1 - Page 1Page 20 of 55 January 9, 2020 Item No. 3.4. Second Amendment to BioCorridor ILA and Joint Development Agreement with City of Bryan to Modify Project Site Boundaries, Revenue Sharing Territory, and Transfer Certain Wastewater CCN Sponsor:Gary Mechler, Director of Water Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding a Second Amendment to the Interlocal Cooperation and Joint Development Agreement known as the Joint Research Valley BioCorridor Development Agreement Project, to modify project site boundaries, expand revenue sharing territory, and to transfer wastewater CCN service area pursuant to Water Code Section 13.248. Relationship to Strategic Goals: Core services and infrastructure Recommendation(s): Staff recommends approval. Summary: The Texas Public Utilities Commission (PUC) maintains maps that define service area boundaries for public utilities, which are called Certificate of Public Convenience and Necessity (CCN) areas. In reviewing the City’s Wastewater CCN maps, both the City of College Station and City of Bryan staffs believe it is mutually advantageous to realign certain Wastewater CCN boundaries, to simplify the administration of the respective CCN areas so as to make development more efficient. For these reasons, staff recommends approval. The subject Wastewater CCN transfer would require a Second Amendment to the BioCorridor Interlocal Cooperation and Joint Development Agreement (ILA), as well as an Agreement to Transfer CCN Service Area. As part of the Second Amendment to the ILA, the City of College Station and the City of Bryan also desire to modify and expand the ILA’s Project Site Boundary and include additional real property in the ILA’s Revenue Sharing Territory. The subject Wastewater CCN Service Area is generally bounded to the west by Turkey Creek Road, to the south by SH60, to the east by FM2818, and to the north by F&B Road. This Wastewater CCN is currently the City of College Station's Service Area where the only current wastewater customers are the Valley Park office complex on FM2818 and the Aggie Field of Honor. This item proposes for the City of College Station to continue to serve these two existing College Station wastewater customers and two additional, adjacent lots; and all of the remaining areas would be transferred to the City of Bryan. Note that the City of College Station also has an Interlocal Agreement with Texas A&M for the existing wastewater customers, where the City of College Station pumps wastewater into the TAMU wastewater system. This item does not propose to modify that operation or agreement. Staff requests City Council approve the Second Amendment to the Interlocal Cooperation and Joint Page 21 of 55 Development Agreement, including the Exhibit I Agreement to Transfer CCN Service Area Pursuant to Texas Water Code Section 13.248, which would then go to the PUC, to effect CCN changes in the following areas, as shown in the exhibit contained in the agreement. The CCN transfer agreement provides that the Cities would equally share in all associated filing fees and legal fees. Budget & Financial Summary: Funds are available in the Water Operations Budget for PUC filing fees and legal fees. Reviewed & Approved by Legal: No Attachments: 1.On File with City Secretary's Office Page 22 of 55 On File with City Secretary's Office Page 23 of 55 January 9, 2020 Item No. 4.1. REZ2019-000014 College Heights Blk C Lt 1R Sponsor:Laura Gray Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding an ordinance 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 O Office and D Duplex to GC General Commercial on approximately 1.1 acres of land recorded as College Heights Addition Block C, Lots 1-6 and Public Alley, generally located at the intersection of University Drive East and Eisenhower Street. Relationship to Strategic Goals: Diverse & Growing Economy Recommendation(s): The Planning & Zoning Commission unanimously recommended approval (6-0) to rezone the subject properties from O Office and D Duplex to GC General Commercial at their December 5, 2019 regular meeting. Staff also recommends approval of the request. Summary: The applicant is requesting to rezone six lots and a public alley from O Office and D Duplex to GC General Commercial to prepare the property for commercial redevelopment and lot consolidation. As will be detailed later in this report, the subject properties are located within Redevelopment Area 2 of the Eastgate Neighborhood Plan. Due to this designation and the City of College Station’s expressed desire to incentivize redevelopment in such areas, the City is participating in this request so as to include the public alley. It should be noted that the applicant currently has applications under review for a right-of-way abandonment on this alley and for a replat that would combine the six lots and the abandoned alley (if approved by City Council). Should this replat and abandonment be approved, the area of approximately 1.1 acres will be consolidated, which can increase potential redevelopment opportunities. The current development within the subject properties consists of two commercial buildings and a single-family house. The public alley has remained undeveloped housing a sewer line which serves the subject properties and is proposed to be removed during a future replat currently under review. REVIEW CRITERIA 1. Whether the proposal is consistent with the Comprehensive Plan: The subject property is currently designated as Urban within a Redevelopment Area on the Comprehensive Plan Future Land Use and Character Map. The Urban land use designation allows for an intense level of residential development but has additional flexibility when located within a redevelopment area. This redevelopment area is described within Chapter 2 - Community Character of the Comprehensive Plan to include the northeastern side of the Texas Avenue corridor to Harvey Road, and a portion Harvey Road to toward the east. The Comprehensive Plan includes specific language related to the need to consolidate properties for urban-style redevelopment opportunities in this area. The subject properties were given further direction through the Eastgate Neighborhood Plan as described in Redevelopment Area 2. It is detailed here that special consideration should be given to Page 24 of 55 redevelopment in this area due to its close proximity and influence to nearby Neighborhood Conservation areas. The plan language speaks of lower density and greater height restrictions to allow redevelopment to transition into the neighborhoods. In this proposed rezoning request, the applicant is consolidating six lots and a public alley in order to prepare the property for redevelopment. This pattern of small scale lot consolidation is in compliance with the language presented for Redevelopment Area 2. Although being located along University Drive does make more intense land uses appropriate, with the property being less than 1.5 acres, the intensity of development will be limited, which will address the Eastgate Neighborhood Plan’s direction of the desired transition of uses. 2. Whether the uses permitted by the proposed zoning district will be appropriate in the context of the surrounding area: GC General Commercial is consistently found along the majority of the University Drive Corridor between State Highway 6 and Texas Avenue, as shown in the graphic below. GC General Commercial is intended to allow for an intense level of commercial activity intended to serve the surrounding and greater community. Being located along one of the most heavily trafficked rights-of-way within the City, and being a primary route to reaching Texas A&M University, it is appropriate for the zoning to allow for uses geared toward commuter, visitor, and local patrons. Land uses within a close proximity to this area include hotel, restaurants, bank, office, retail, auto repair, duplex, and single-family housing. All the land uses list above are allowed in GC General Commercial and are therefore compatible with the request, except duplex and single-family housing. However, due to the Redevelopment and Urban designations of these surrounding properties on the Comprehensive Plan Land Use and Character Map, these residential properties may also seek similar requests in the future to capitalize on the University Drive traffic and proximity to Texas A&M University, as described in the Eastgate Neighborhood Plan. 3. Whether the property to be rezoned is physically suitable for the proposed zoning district: Due to its location near the intersection of University Drive and Texas Avenue, both six-lane Major Arterials, the subject properties are appropriate for GC General Commercial uses. Though the Eastgate Neighborhood Plan calls for lower intensity of uses as a transition toward the areas designated as Neighborhood Conservation on the Future Land Use and Character Map, the subject properties are located on the perimeter of Redevelopment Area 2 allowing for more intense uses than might be found closer to the neighborhoods. The size of the property will inherently limit redevelopment opportunities. The types of uses may be limited on a property of this size, due to factors such as required parking and setbacks. Buffer requirements will not be applied to any new development on this site, as is it designated for Redevelopment and is surrounded by Redevelopment properties. Detention and drainage impacts will be evaluated for this site at the time of site planning. 4. Whether there is available water, wastewater, stormwater, and transportation facilities generally suitable and adequate for uses permitted by the proposed zoning district: The properties associated with the rezoning are within the City of College Station’s water and electric certificated service areas which has existing utility infrastructure available to serve this site. Page 25 of 55 The subject properties are within the Burton Creek drainage basin and are not encroached by a Special Flood Hazard Area (SFHA) per FEMA’s FIRM Panel 215F. Drainage improvements and other public infrastructure required with site development shall be designed and constructed in accordance with the B/CS Unified Design Guidelines. The subject properties have frontage to University Drive East, Eisenhower Street, and Nimitz Street. University Drive East is designated on the Thoroughfare Plan and constructed as a 6-lane Major Arterial. Eisenhower Street, which is designated as a future Major Collector, is currently built to local street standards. Nimitz Street is a local street. To aid in traffic conditions found in this area, the Texas Department of Transportation (TxDOT) has plans to install a traffic signal at the intersection of University Drive East and Nimitz Street in 2021. A traffic impact analysis (TIA) was not required with the rezoning request as the acreage falls below the trip generation threshold to require one. A TIA may be required with future redevelopment if trip generation of the proposed uses exceed the required threshold. The existing driveway access to University Drive East will be removed with redevelopment of the site, and access will be obtained from Eisenhower Street and/or Nimitz Street. 5. The marketability of the property: The current office and single-family uses have been consistently utilized during the recent past, therefore, the marketability of the existing uses is viable. However, the number of land uses available under a GC General Commercial zoning is far greater than that of O Office and D Duplex. By seeking this rezoning, the applicant is moving toward increasing the site for greater redevelopment potential, increasing the marketability of the property. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3 3.Vicinity Map, Aerial, and Small Area Map 4.College Heights Addition Rezoning Exhibit 5.Applicant's Supporting Information 6.College Heights Addition Rezoning Map Page 26 of 55 Ordinance Form 08-27-19 ORDINANCE NO. _____ AN ORDINANCE 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 CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING APPROXIMATELY 1.1 ACRES OF LAND RECORDED AS COLLEGE HEIGHTS ADDITION BLOCK C, LOTS 1-6 AND PUBLIC ALLEY, CERTAIN PROPERTIES AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That 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, be amended as set out in Exhibit “A”, and Exhibit “B” attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 27 of 55 ORDINANCE NO. ____________Page 2 of 4 Ordinance Form 08-27-19 PASSED, ADOPTED, and APPROVED this 9th day of January 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 28 of 55 ORDINANCE NO. ____________Page 3 of 4 Ordinance Form 08-27-19 Exhibit A That 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, is hereby amended as follows: The following property is rezoned from O Office and D Duplex to GC General Commercial: COLLEGE HEIGHTS ADDITION BLOCK C, LOTS 1-6 AND PUBLIC ALLEY Page 29 of 55 ORDINANCE NO. ____________Page 4 of 4 Ordinance Form 08-27-19 Exhibit B Page 30 of 55 BACKGROUND INFORMATION NOTIFICATIONS Advertised Commission Hearing Date: December 5, 2019 Advertised Council Hearing Date: January 9, 2020 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notification of this public hearing: College Hills Neighborhood Association, College Hills Estates Homeowners Association, and College Hills Woodlands Neighborhood Association Property owner notices mailed: 23 Contacts in support:None at the time of this report Contacts in opposition:None at the time of this report Inquiry contacts:None at the time of this report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use Northeast Nimitz Street Local Street Nimitz Street Local Street Southeast Urban within a Redevelopment District D Duplex Single-Family and Duplex Northwest University Drive East 6 Lane Major Arterial University Drive East 6 Lane Major Arterial Southwest Eisenhower Street 2 Lane Major Collector Eisenhower Street Local Street DEVELOPMENT HISTORY Annexation: 1951 Zoning:R-2 Duplex (upon annexation) Lots 4-5 R-2 Duplex to A-P Administrative - Professional (1978) Lots 1-3 R-2 Duplex to A-P Administrative - Professional (1985) A-P Administrative - Professional renamed O Office (2013) Final Plat:College Heights Addition, Block C Lots 1-6 and Public Alley Site development:Lots 1-3 - Office Building Lots 4-5 - Office Building Lot 6 - Single-Family Residential Page 31 of 55 Page 32 of 55 Page 33 of 55 Page 34 of 55 SITEPage 35 of 55 Name of Project:COLLEGE HEIGHTS BLK C LT 1-6 AND PUBLIC ALLEY Address:505 EISENHOWER ST Legal Description:COLLEGE HEIGHTS (CS), BLOCK C, LOT 6 Total Acreage:1.108 Applicant:: Property Owner:DOWLING LAND GROUP LLC MCCLURE AND BROWNE List the changed or changing conditions in the area or in the City which make this zone change necessary. This property is identified on the City's Land Use to be developed as Urban. In order to develop accordingly, it must be rezoned. Indicate whether or not this zone change is in accordance with the Comprehensive Plan. If it is not, explain why the Plan is incorrect. The proposed zoning is in compliance with the Comp Plan. How will this zone change be compatible with the present zoning and conforming uses of nearby property and with the character of the neighborhood? The land could be developed under current zoning; however, there would be a limited market for buyers due to the location of the tract. Explain the suitability of the property for uses permitted by the rezoning district requested. The property is suited for general commercial zoning. It has access on 3 sides and would be in conformance with surrounding properties. REZONING APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 36 of 55 Explain the suitability of the property for uses permitted by the current zoning district. The property is suited for general commercial zoning. It has access on 3 sides and would be in conformance with surrounding properties. Explain the marketability of the property for uses permitted by the current zoning district. The land has limited marketability under the current zoning due to the location along a major arterial street. List any other reasons to support this zone change. N/A Page 2 of 2 Page 37 of 55 Page 38 of 55 January 9, 2020 Item No. 4.2. CUP2019-000001 The Angry Elephant Sponsor:Laura Gray Reviewed By CBC:Planning & Zoning Commission Agenda Caption:Public Hearing, presentation, discussion, and possible action regarding a Conditional Use Permit for a Night Club, Bar or Tavern use encompassing a 1,270 square foot expansion of an existing bar located at 650 William D. Fitch Parkway, generally located on the southwest corner of Arrington Road and William D. Fitch Parkway. Relationship to Strategic Goals: Diverse and Growing Economy Recommendation(s): The Planning & Zoning Commission considered this item at their December 12, 2019 meeting and unanimously recommended approval (5-0) of the request. Staff also recommends approval. Summary: The applicant requests to expand the area of an existing restaurant and bar into the adjacent 1,270 square foot tenant space for a total operation area of 3,250 square feet. REVIEW CRITERIA 1. The proposed use shall meet the purpose and intent of the Unified Development Ordinance (UDO) and meet all minimum standards for this type of use per the UDO. On February 8, 2018, City Council approved a Conditional Use Permit for The Angry Elephant to operate as a Bar, including 1,980 square feet of commercial tenant space in the Castlegate Business Center. The applicant is requesting to expand the existing Bar into the adjacent 1,270 square foot tenant space. The applicant is proposing that the bar continue to operate with late night hours, with the establishment open to the public from 11:00am to 9:00pm, and that from 9:00pm to 2:00am admittance will be restricted to persons age 21 or older. The applicant is not proposing any changes to the existing site. 2. The proposed use shall be consistent with the development policies and goals and objectives as embodied in the Comprehensive Plan for development in the City. The subject tract is shown on the Comprehensive Plan Future Land Use and Character Map as Institutional/Public and is located in Growth Area II. This land use designation is generally for areas that are, and are likely to remain, in some form of institutional or public activity. While there are some public uses in the area, this property and the adjacent properties are zoned and developed for General Commercial uses, with surrounding areas experiencing increasing commercial growth. Additionally, the Comprehensive Plan specifically states that in Growth Area II, the area consisting of land near the interchange of William D. Fitch Parkway and State Highway 6 should be used for intense land use activities including general commercial activities, office uses, townhomes, apartments, and vertical mixed-use. 3. The proposed use shall not be detrimental to the health, welfare, or safety of the Page 39 of 55 surrounding neighborhood or its occupants, not be substantially or permanently injurious to neighboring property. The proposed use is required by the Unified Development Ordinance to be at least 300 feet away from any church, public school or public hospital; this use will meet this ordinance. There is no outdoor live music proposed with this use, and all activities associated with the bar will be limited to interior of the structure. Thus, Staff believes that the use will not be detrimental or substantially injurious to the surrounding neighborhood or its occupants. 4. The proposed site plan and circulation plan shall be harmonious with the character of the surrounding area. The applicant is not proposing any changes to the site. The building is an existing 9,000 square-foot Retail Shopping Center with a drive-through, thus keeping the site plan and circulation plan harmonious with the surrounding area’s character. The use would be limited to the square footage approved through the Conditional Use Permit, which in this case would be a total of 3,250 square feet of commercial tenant space, including the existing 1,980 square feet and the 1,270 square feet expansion in the shopping center. 5. The proposed use shall not negatively impact existing uses in the area or in the City through impacts on public infrastructure such as roads, parking facilities, electrical, or water and sewer systems, or on public services such as police and fire protection, solid waste collection, or the ability of existing infrastructure and services to adequately provide services. This use will not negatively impact public infrastructure or services. This use will be in an existing site zoned GC General Commercial that was originally planned and developed to accommodate commercial uses. This site has existing parking spaces that meet the requirements for the proposed use. Staff also reached out to the College Station Police Department for feedback on any possible concerns with the proposed use and location. The response received was that this use did not pose any concerns at this time. 6. The proposed use shall not negatively impact existing uses in the area or in the City. Existing uses in the area include commercial, public/institutional, and single-family. The addition of this use will not negatively impact existing uses. Currently, the Castlegate Business Center has a car wash, three restaurants with a drive-thru, and a convenient store with gas pumps. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: 1.Ordinance 2.Background Information 3.Vicinity, Aerial & Small Area Map 4.Application Supporting Information 5.Site Plan Page 40 of 55 Ordinance Form 1-9-20 ORDINANCE NO. _____ AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT PURSUANT TO APPENDIX A, “UNIFIED DEVELOPMENT ORDINANCE,” SECTION 3.16, "CONDITIONAL USE PERMIT", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, AND OTHER APPLICABLE PROVISIONS THEREOF BY APPROVING A CONDITIONAL USE PERMIT FOR A NIGHTCLUB/BAR/TAVERN AFFECTING APPROXIMATELY 3,250 SQUARE FEET AT 650 WILLIAM D. FITCH PARKWAY, BEING A PORTION OF LOT 1R-C, BLOCK 1, CASTLEGATE BUSINESS CENTER SUBDIVISION, GENERALLY LOCATED AT ON THE SOUTHWEST CORNER OF ARRINGTON ROAD AND WILLIAM D. FITCH PARKWAY AS DESCRIBED BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS: PART 1:That a conditional use permit be granted in accordance with Appendix A, “Unified Development Ordinance,” Section 3.16 “Conditional Use Permit” of the Code of Ordinances of the City of College Station, Texas, and other applicable provisions thereof as set out in Exhibit “A” and Exhibit “B”, attached hereto and made a part of this Ordinance for all purposes. PART 2:If any provision of this Ordinance or its application to any person or circumstances is held invalid or unconstitutional, the invalidity or unconstitutionality does not affect other provisions or application of this Ordinance or the Code of Ordinances of the City of College Station, Texas, that can be given effect without the invalid or unconstitutional provision or application, and to this end the provisions of this Ordinance are severable. PART 3:That any person, corporation, organization, government, governmental subdivision or agency, business trust, estate, trust, partnership, association and any other legal entity violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not less than twenty five dollars ($25.00) and not more than five hundred dollars ($500.00) or more than two thousand dollars ($2,000) for a violation of fire safety, zoning, or public health and sanitation ordinances, other than the dumping of refuse. Each day such violation shall continue or be permitted to continue, shall be deemed a separate offense. PART 4:This Ordinance is a penal ordinance and becomes effective ten (10) days after its date of passage by the City Council, as provided by City of College Station Charter Section 35. Page 41 of 55 ORDINANCE NO. ____________Page 2 of 4 Ordinance Form 8-14-17 PASSED, ADOPTED, and APPROVED this 9th day of January, 2020. ATTEST:APPROVED: __________________________________________________________ City Secretary Mayor APPROVED: _______________________________ City Attorney Page 42 of 55 ORDINANCE NO. ____________Page 3 of 4 Ordinance Form 8-14-17 Exhibit A That the following conditional use permit be granted in accordance with Appendix A “Unified Development Ordinance,” Section 3.16, "Development Review Procedures, Conditional Use Permit", of the Code of Ordinances of the City of College Station, Texas, and other applicable provisions: That a Conditional Use Permit is hereby granted for a Nightclub/Bar/Tavern as provided for in Appendix A, "Unified Development Ordinance", Section 3.16, "Development Review Procedures, Conditional Use Permit", of the Code of Ordinances of the City of College Station and other applicable provisions thereof. The property located at 650 William D. Fitch, is granted a Conditional Use Permit for a Nightclub/Bar/Tavern to be located in an approximately 3,250 square foot lease space. Page 43 of 55 ORDINANCE NO. ____________Page 4 of 4 Ordinance Form 8-14-17 EXHIBIT B Page 44 of 55 NOTIFICATIONS Advertised Commission Hearing Date: December 19, 2019 Advertised Council Hearing Dates: January 9, 2020 The following neighborhood organizations that are registered with the City of College Station’s Neighborhood Services have received a courtesy letter of notif ication of this public hearing: None Property owner notices mailed : 9 Contacts in support: None Contacts in opposition: None Inquiry contacts: None at the time of staff report ADJACENT LAND USES Direction Comprehensive Plan Zoning Land Use North William D Fitch Parkway (4-lane Freeway / Expressway) William D Fitch Parkway (4-lane Freeway) South Urban GC General Commercial Shipley Do-Nuts East Urban GC Layne's Chicken Fingers Restaurant West Institutional/Public GC Aggieland Express Car Wash DEVELOPMENT HISTORY Annexation: 1995 Zoning: A-O Agricultural Open (upon annexation) C-1 General Commercial (2002) Renamed GC General Commercial (2012) Final Plat: Castlegate Business Center (2003) Castlegate Business Center Replat (2014) Castlegate Business Center Replat (2017) Site development: Commercial Retail Shopping Center (2014) Page 45 of 55 Page 46 of 55 Page 47 of 55 Page 48 of 55 Name of Project:THE ANGRY ELEPHANT Address:650 WILLIAM D FITCH PKWY Legal Description:CASTLEGATE BUSINESS CENTER, BLOCK 1, LOT 1R-C, ACRES 1.405 Applicant:: Property Owner:CASTLEGATE PLAZA LLC JOHNSON & PACE INCORPORATED Detailed explanation of the proposed use: This will be for a nightclub. Hours of operation will be 11:00am to 2:00am Mon-Sat. It will 21+ establishment after 9:00pm Explain how the proposed use will meet the purpose and intent of the UDO and how it will meet all of the minimum standards: A nightclub is allowed as a Conditional Use under General Commercial Explain how the proposed use is consistent with the Comprehensive Plan: Proposed Use is consistent with Institutional/Public Use Explain how the proposed use is compatible with the surrounding areas: The use is a complimentary use for the surrounding area. The use will provide a desired entertainment venue for the many residences nearby. Explain how the proposed site plan and circulation plan will be harmonious with the character of the surround area: Site Plan has already been permitted, constructed and is in use. The CUP is only to expand into approx. 1,270 sf of vacant space in the existing building. CONDITIONAL USE PERMIT APPLICATION SUPPORTING INFORMATION Page 1 of 2 Page 49 of 55 Explain how the infrastructure impacts will be minimized, including traffic impacts: The infrastructure has already been permitted, constructed and is in use by the existing tenants Explain the effects the use will have on the environment: No adverse impacts will be imposed on the environment For Night Clubs, Bars, or Taverns: approximate the distance to the nearest residential area and indicate the housing type: Approximately 245 feet to the nearest single family residential area For Night Clubs, Bars, or Taverns: estimate the noise levels produces from the proposed use as heard from all property lines: The noise level will be below 55 dba For Night Clubs, Bars, or Taverns: approximate the distance to the nearest church, school, or hospital from the front door, along property lines, to the front door: It is approximately 1,100 feet to the nearest school, measured door to door For Mobile Food Courts, approximate the distance to the nearest single-family, duplex, or townhouse zoning districts: N/A For Long-Term Mobile Food Courts only, are alcohol sales proposed? If yes, approximate the distance to the nearest church, school or hospital from the front door, along property lines, to the front door: N/A Page 2 of 2 Page 50 of 55 The seal on this document was authorized by Glenn Jones #97600 on this date, Aug 13, 2014. Alteration of a sealed document with out proper notification to the responsible engineer is an offense under the Texas Engineering Practice Act. x x x x x TRAKITCMD(74035aeb-07a7-44a0-a9de-e98a73bb5893) 11/25/2015 Page 51 of 55 January 9, 2020 Item No. 4.3. Brazos Central Appraisal District Appointment Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an appointment to the Brazos Central Appraisal District. Relationship to Strategic Goals: Good Governance Recommendation(s): None Summary: Ron Kaiser currently serves on the Brazos Central Appraisal District Board. Mr. Kaiser's term expires on December 31, 2019, requiring the Council to appoint a new member. There are no term limits if the Council chooses to re-appoint Mr. Kaiser to the Board. Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: None Page 52 of 55 January 9, 2020 Item No. 4.4. Spring Creek Local Government Corporation Appointments Sponsor:Tanya Smith, City Secretary, Natalie Ruiz, Director of Economic Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding appointments to the Spring Creek Local Government Corporation. Relationship to Strategic Goals: Good Governance Financially Sustainable City Core Services and Infrastructure Diverse Growing Economy Recommendation(s): Staff recommends the re-appointment of Julie Schultz and Jane Kee. Summary: The corporation is governed by a Board of Directors appointed by the City Council. The initial Board consists of five Directors that were appointed at the time the Articles of Incorporation and Bylaws were adopted by the City Council. The corporation has the power to acquire, own, and dispose of real estate subject to the approval of the City Council within the general vicinity of the Midtown Business Park and the College Station Business Center. The corporation may also authorize improvements to real estate including basic infrastructure, streets, buildings and signage. Funding for the local government corporation comes directly from the City Council. The existing Board consists of five Directors, three of which are Council members. Julie Schultz and Jane Kee currently serve on the Spring Creek Local Government Corporation and have filed for reappointment. Their terms expired on September 30, 2019, requiring the Council to appoint new board members. There are no term limits if the Council chooses to re-appoint Julie Schultz and Jane Kee to the Board. Applications will be provided under a separate cover. Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: None Page 53 of 55 January 9, 2020 Item No. 4.5. Comprehensive Plan Evaluation Committee Representatives Sponsor:Tanya Smith, City Secretary, Jennifer Prochazka, Director of Planning and Development Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding an appointment of a City Council member to the Comprehensive Plan Evaluation Committee. Relationship to Strategic Goals: Good Governance Recommendation(s): N/A Summary: The Comprehensive Plan Evaluation Committee (CPEC) serves as the steering committee for the Comprehensive Plan 10-Year review process and will provide direction in the development of the Comprehensive Plan 10-Year Evaluation and Appraisal Report. The CPEC consists of 3 City Council members, 3 Planning & Zoning Commission members, six residents, and one representative from the Extraterritorial Jurisdiction (ETJ). Since their appointment on April 25th, the committee has met four times in 2019 and is expected to meet approximately four more times over the next six months in workshop-type meetings that last approximately 2-3 hours each. Over the next six months the CPEC will provide policy guidance based on public input and best practices from other cities, help define land use and transportation scenarios to be analyzed and presented to the public, help leverage their networks and champion this process with the general public, and make final recommendations of the preferred land use and transportation scenario to be included in the Comprehensive Plan 10-Year Evaluation and Appraisal Report. At this meeting, the City Council will appoint a City Council member to replace the seat vacated by Elianor Vessali. The appointed member will begin at the next meeting of the CPEC, currently scheduled for January 29th. Budget & Financial Summary: N/A Reviewed & Approved by Legal: No Attachments: None Page 54 of 55 January 9, 2020 Item No. 4.6. Committee Appointments Sponsor:Tanya Smith, City Secretary Reviewed By CBC:City Council Agenda Caption:Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions: Architectural Advisory Committee Audit Committee B/CS Library Committee Bicycle, Pedestrian, and Greenways Advisory Board Construction Board of Adjustments Design Review Board Joint Relief Funding Review Committee Parks and Recreation Board Planning and Zoning Commission Zoning Board of Adjustment Relationship to Strategic Goals: Good Governance Recommendation(s): None Summary: This is the annual appointment to our boards, committees, and commissions. A packet containing applications, appointment charts, and tally sheets will be provided under separate cover. Budget & Financial Summary: None Reviewed & Approved by Legal: No Attachments: None Page 55 of 55