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HomeMy WebLinkAbout03/09/2020 - Regular Minutes - City CouncilRM030920 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MARCH 9, 2020 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 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 and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney at 6:07 p.m. on Monday, March 9, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Presentation Presentation proclaiming March 2020 as National Social Work Month. Mayor Mooney presented a proclamation to members of the Brazos Valley branch of the National Association of Social Workers, including Phyllis Turner LCSW –ACSW, Jarett Reynolds, LMSW, NLIC, Lynn Hagan PsyD, LCSW, Fran Duane, Bette Prenoveau LCSW, Sybil Jones LMSW, Amy Mc Namara LMSW, and Mikayla Knight LMSW, to proclaim March 2020 as National Social Work Month. Presentation proclaiming March 10th as Histotechnology Professions Day. Mayor Mooney presented a proclamation to Kelly Mallett, B.S., HT (ASCP), the Advocacy Chairman for the Texas Society of Histotechnology, Amy Ferrell, Debra Neibert, Dr. Jimenez, Rayen Gonzalez, and Rhonda McCormickto, proclaim March 10, 2020 as Histotechnology Professions Day. RM030920 Minutes Page 2 3. Hear Visitors Comments Hugh Lindsey, College Station, spoke on the unsightliness of the debris left on Francis Drive from the previous contractor after the paving work had ceased 4. CONSENT AGENDA 4.1. Presentation, possible action, and discussion of minutes for:  February 27, 2020 Workshop Meeting  February 27, 2020 Regular Meeting  February 28, 2020 Joint Meeting 4.2. Presentation, discussion, and possible action in regards to an award for the annual purchase of Replacement Outdoor Breakers for Substations, which will be maintained in electrical inventory and expended as needed. The total recommended award is for an amount not to exceed $103,150. 4.3. Presentation, discussion, and possible action on bid award for the annual price agreement of electric Single Phase Transformers, which will be maintained in electrical inventory and expended as needed. The total recommended award is for Three Hundred Fifty Eight Thousand, Seven Hundred Seventy dollars and zero cents ($358,770) for the purchase of Electric Single Phase Transformers from KBS Electric Distribution. 4.4. Presentation, discussion, and possible action of Resolution No. 03-09-20-4.4 stating that the City Council has reviewed and approved the City's Continuing Disclosure Policy and Procedures. 4.5. Presentation, discussion, and possible action regarding Resolution No. 03-09-20-4.5 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). 4.6. Presentation, discussion, and possible action on renewing a General Service Contract with Emergicon, LLC to provide ambulance billing, accounts receivable and delinquent account collection services for an annual not-to-exceed amount of $155,000. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 5. REGULAR AGENDA 5.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4159 vacating and abandoning a portion of a 10-foot and 15-foot Public Utility Easement dedicated in Volume 1887, Page 239, of the Deed Records of Brazos County, Tex as and lying within Lot 6A, Block 1 of the Cooner Addition, a subdivision recorded in Volume 124, Page 553, of the Deed Records of Brazos County, Texas. RM030920 Minutes Page 3 Debbie Stickles, Planning and Development, stated that the portion of a 10-foot and 15-foot public utility easement abandonment will accommodate future development of the aforementioned lot lying within Lot 6A, Block 1 of the Cooner Addition, a subdivision. There are currently no existing utilities in the easement. At approximately 6:22 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:22 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. 2020- 4159 vacating and abandoning a portion of a 10-foot and 15-foot Public Utility Easement dedicated in Volume 1887, Page 239, of the Deed Records of Brazos County, Texas and lying within Lot 6A, Block 1 of the Cooner Addition, a subdivision recorded in Volume 124, Page 553, of the Deed Records of Brazos County, Texas. The motion carried unanimously. 5.2 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4160 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 from PDD Planned Developme nt District to PDD Planned Development District for approximately 15 acres generally located at the southwest corner of Victoria Avenue and Creek Meadows Boulevard North. Laura Gray, Planning and Development, stated that this request is to change the base zoning from T Townhouse with attached single-family homes to GS General Suburban with detached single-family homes. Ms. Gray explained that this proposal reduces the overall density that would have occurred with attached townhomes by allowing for moderate density detached single-family homes. The development will blend into the surrounding detached single-family residential phases of Creek Meadows. The request proposes to modify the Concept Plan to accommodate for detached single- family home development rather than attached single-family homes (townhomes), and the moderate density single-family home development will blend into the surrounding neighborhoods. The Planning & Zoning Commission heard this item on February 20, 2020 and voted (7-0) to recommend approval of the zoning and associated concept plan. Staff recommends approval. At approximately 6:33 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:33 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4160 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 from PDD Planned Development District to PDD Planned Development District for approximately 15 acres generally located at the southwest corner of Victoria Avenue and Creek Meadows Boulevard North. The motion carried unanimously. 5.3 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4161 amending Appendix A, “Unified Development Ordinance,” a. Section 3.3 “Zoning RM030920 Minutes Page 4 Map Amendment (Rezoning),” Section 4.1 “Establishment of Districts,” Section 5.11 “Single- Family Overlay Districts.” Section 7.2.D “Required Yards (Setbacks),” and Section 8.3.H.2 “Platting and Replatting within Older Residential Subdivisions” of the Code of Ordinances of the City of College Station, Texas, regarding the Neighborhood Conservation Overlay (NCO). 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 during the process, and includes checklists and templates for items such as the rezoning petition, neighborhood meeting agendas, and meeting minutes. Ms. Broadnax explained, as directed by City Council, the proposed NCO ordinance amendments and the NCO Process Handbook were heard by the Planning & Zoning Commission and City Council for feedback during their respective December 5 and December 10, 2019 workshop meetings. The NCO Process Handbook influenced various text amendments to the Unified Development Ordinance (UDO) that must be adopted by Council. Th e Handbook will serve as a policy guide for citizens and City staff, and will be available for download from the City website. The Planning & Zoning Commission heard this item on March 5, 2020 and voted (6-1) to recommend approval of the zoning and associated concept plan. Staff recommends approval. At approximately 6:58 p.m., Mayor Mooney opened the Public Hearing. Fred Dupriest, College Station, came before Council to recommend eliminating the verification ballot letter results compilation and presentation to Council in the NCO process as property owners may not respond and give the appearance of diluted support. Shirley Dupriest, College Station, came before Council to state that in her experience with the old NCO process resending and adding signatures did change the percentages, but only slightly and not the overall result. There being no further comments, the Public Hearing was closed at 7:12 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted five (5) for and one (1) opposed, with Mayor Mooney voting against, to approve the Neighborhood Conservation Overlay (NCO) process with the modification of moving the committee petition draft prior to the mail notice for meeting two (2) and remove the verification process. The motion carried. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020- 4161 amending Appendix A, “Unified Development Ordinance,” a. Section 3.3 “Zoning Map Amendment (Rezoning),” Section 4.1 “Establishment of Districts,” Section 5.11 “Single -Family Overlay Districts.” Section 7.2.D “Required Yards (Setbacks),” and Section 8.3.H.2 “Platting and Replatting within Older Residential Subdivisions” of the Code of Ordinances of the City of College Station, Texas, regarding the Neighborhood Conservation Overlay (NCO). The motion carried unanimously. 5.4 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4162 amending Appendix A, “Unified Development Ordinance,” Section 5.2, “Residential RM030920 Minutes Page 5 Dimensional Standards,” Section 5.6, “Retired Dimensional Standards,” Section 6.5, “Accessory Uses,” and Section 11.2, “Defined Terms,” relating to impervious cover. Anthony Armstrong, Planning and Development, stated that the purpose of these amendments is to implement a maximum percentage impervious cover requirement for residential development. The amendments will address growing concerns regarding lot-by-lot redevelopment in older neighborhoods. Mr. Armstrong explained that these areas tend to lack modern drainage and detention measures and have created drainage concerns when lots have been excessively covered wi th impervious surfaces. The UDO currently has no impervious surface limitations, which allows for the entirety of a lot to be covered with impervious surfaces. These amendments will apply to both existing and new subdivisions based on the lot’s zoning district unless otherwise mitigated by an on-site or regional drainage facility and associated drainage study approved by the City Engineer or their designee. The Planning and Zoning Commission heard this item at their February 20, 2020 meeting and voted 4-3 to recommend approval of the amendment. Staff recommends approval. At approximately 7:50 p.m., Mayor Mooney opened the Public Hearing. Austin McKnight, College Station, came before Council to request this ordinance to not be approved as written. Mr. McKnight is not completely opposed to the ordinance written but believes that the ordinance will have unintended consequences and should be vetted with the community and brought back. Dennis McMillin, College Station, came before Council to request this ordinance not be approved but postpone and revisit after some kind of study has been completed on streets, drainage, and other related infrastructure. Walter Cox, College Station, came before Council to request this ordinance not be approved and sent back to Planning and Zoning Commission for clarification. Scott Hancock, College Station, came before Council to ask them to look at the proposed impervious cover percentages and the impact to small lots. He believes that the current percentages will result in drastically reduced home sizes to accommodate the requirements. Kurt Fisher, College Station, state that this ordinance will affect all residents and feels that not all residents were notified regarding the amendments to implement a maximum percentage impervious cover requirement for residential development. He stated that the Planning and Zoning Commission barely passed this proposed ordinance and thus believes that the City should investigate potential concerns and perform a closer examination of individual circumstances. Charlie White, College Station, stated he has built homes in Southside and spoke on his experience with the drainage plan in College Station. It is not clear to him that this will address the concern and would suggest a study on the issue. There being no further comments, the Public Hearing was closed at 8:11 p.m. MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Harvell, the City Council voted one (1) for and five (5) opposed, with Councilmembers Maloney, Harvell, Nichols, Crompton, and Brick voting against, to postpone to the next Council meeting, Ordinance RM030920 Minutes Page 6 No. 2020-4162 amending Appendix A, “Unified Development Ordinance,” Section 5.2, “Residential Dimensional Standards,” Section 5.6, “Retired Dimensional Standards,” Section 6.5, “Accessory Uses,” and Section 11.2, “Defined Terms,” relating to impervious cover. The motion failed. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Crompton, the City Council voted four (4) for and two (2) opposed, with Mayor Mooney and Councilmember Harvell, to adopt Ordinance No. 2020-4162 amending Appendix A, “Unified Development Ordinance,” Section 5.2, “Residential Dimensional Standards,” Section 5.6, “Retired Dimensional Standards,” Section 6.5, “Accessory Uses,” and Section 11.2, “Defined Terms,” relating to impervious cover. The motion carried. 5.5 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2020-4163 amending Chapter 8, “Businesses,” Article VIII “Mobile Food Vendors” of the Code of Ordinances. Rachel Lazo, Planning and Development, stated that the purpose of this amendment is to clarify existing application requirements regarding location, fire prevention, solid waste, and wastewater disposal. The modifications will simplify the application and renewal process, and bring the permit denial, suspension, revocation, and appeal processes into compliance with other permit types. These amendments apply to both new and renewing Mobile Food Vendor applications. At approximately 8:36 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:36 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4163 amending Chapter 8, “Businesses,” Article VIII “Mobile Food Vendors” of the Code of Ordinances. The motion carried unanimously. 5.6 Presentation, discussion, and possible action regarding approval of Amendment No. 1 to the Construction Manager at Risk (CMAR) contract with Core Construction accepting the Guaranteed Maximum Price (GMP) of $1,332,208 for site improvements for the new city hall project. Emily Fisher, Assistant Director of Public Works, stated that this amendment to the current construction manager at risk contract with Core Construction, accepting the guaranteed maximum price, includes all needed site work for the new city hall project. Mrs. Fisher explained, that this includes earthwork, site utilities, and storm-water pollution prevention, and there will be a second amendment (presented to Council in April) which will include the GMP for the building construction, dry utilities, and paving work. The new city hall will be a three story, 79,000 square foot facility incorporating several departments into one central location. Work is scheduled to commence after approval of this contract amendment and is anticipated to be completed in 2022. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve Amendment No. 1 to the Construction Manager at Risk (CMAR) contract with Core Construction accepting the Guaranteed Maximum Price (GMP) of $1,332,208 for site improvements for the new city hall project. The motion carried unanimously. RM030920 Minutes Page 7 5.7 Presentation, discussion, and possible action regarding approval of a contract with Larry Young Paving, Inc. in the amount of $2,639,117 for the construction of the Francis Drive Rehabilitation Project. Emily Fisher, Assistant Director of Public Works, stated that the Francis Drive Rehabilitation Project, Phase 1 & 2 Rebid consists of the replacement of the pavement of Francis Drive with concrete from Munson to Shady Ln (Ph. 1 remaining) and Walton to Munson (Ph. 2). The project also includes replacement of the existing sidewalk with 8-ft sidewalk, water, wastewater and drainage improvements within the project area. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and none (0) opposed, to approve contract with Larry Young Paving, Inc. in the amount of $2,639,117 for the construction of the Francis Drive Rehabilitation Project. The motion carried unanimously. 6. Presentation, discussion, and possible action 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 Harvell requested a future agenda item on the City’s tree preservation ordinance and changes that could be made to strengthen or incentives its provisions. Councilmember Crompton requests a future agenda item to discuss the review calendar of the comprehensive plan, before the revised plan is put out for public comment. Councilmember Crompton requests a future agenda item from staff examination of the costs of establishing various direct sales offices and additional investments in digital marketing along with the potential of using HOT taxes for these projects. Councilmember Maloney requests a future agenda item reviewing tourism public improvement districts. Councilmember Maloney requests a future agenda item to discuss possible bills related to local taxes in the next state legislative session. 7. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 9:17 p.m. on Monday, March 9, 2020. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary