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HomeMy WebLinkAbout11/10/2016 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION NOVEMBER 10, 2016 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham City Staff: Student Liaison Kelly Templin, City Manager Spencer Davis, VP Student Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Sherry Mashburn, City Secretary Tanya McNutt, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Berry at 7:25 p.m. on Thursday,November 10, 2016 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Hear Visitors Comments Julie Schultz, 3208 Innsbruck, expressed her thankfulness for Mayor Berry, written comments attached. Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Lance Corporal Shane L. Goldman. Cecilia Yip, 1715 Cardinal Lane, asked Council to consider a facility for people to play and learn about pickleball. This combines three sports: tennis,table tennis, and badminton. It can be played as singles, doubles, or mixed doubles. Mike Green, 824 Pine Valley, said pickleball is the fastest growing sport in the US. There is only one place in College Station to play, and only for two hours one evening. The demand is there. RM111016 Minutes Page 1 Matthew Fontaine,3900 Bridgeberry Court, asked Council to consider more availability of pickleball courts. This sport is for all age levels. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • October 27, 2016 Workshop • October 27, 2016 Regular Meeting 2b. Presentation, possible action, and discussion on approval of a Chapter 380 Economic Development Agreement between the City of College Station and Viasat, Inc. regarding approximately 9 acres on Health Science Center Parkway on lot 1, block 1 of Traditions Phase 101 filed in volume 13145, page 53 of the Official Deed Records of Brazos County, Texas. 2c. Presentation, possible action, and discussion regarding approval of a contract between the City of College Station(COCS)and Saber Power Services in the amount of$2,986,103.45 for the purpose of modifying the ring bus and relocating transformer number 2 at Greens Prairie Substation. 2d. Presentation, possible action, and discussion regarding construction contract 17300010 with Elliott Construction, LLC, in the amount of $4,576,851 for Phase 2 of the Bee Creek Sanitary Sewer Trunk Line Rehabilitation. 2e. Presentation, possible action, and discussion regarding Ordinance 2016-3832, amending Chapter 11, "Utilities" Section 11-2, "Water and Sewer Services," of the Code of Ordinances of the City of College Station, Texas having the effect of recognizing water and sewer utility rates and surcharges established by contract. 2f. Presentation, possible action, and discussion to approve an amendment to the March 12, 2016, Agreement Designating Fire Station Site between the City of College Station and McAlister Opportunity Fund 2012 to designate an alternate fire station site agreed to by the parties. 2g. Presentation, possible action, and discussion on a modification to the Utility Agreement with Brazos County MUD #1 to include a surcharge for water and sewer service without the charge of impact fees and other related matters. 2h. Presentation, possible action, and discussion regarding Ordinance 2016-3833, approval of a roadway maintenance fee. 2i. Presentation, possible action, and discussion regarding approval of a contract with Sungard Public Sector (SPS), formerly Sungard HTE, for programming services to add the appropriate Roadway Maintenance fee to utility accounts in the utility billing system in an amount not to exceed $7,880. RM111016 Minutes Page 2 2j. Presentation, possible action, and discussion on Resolution 11-10-16-21, authorizing banners for the annual Christmas Parade. 2k. Presentation, possible action, and discussion on an interlocal Chapter 380 agreement with Brazos County creating an economic development program that includes mechanisms for funding needed core public infrastructure in targeted locations throughout the City. 21. Presentation, possible action, and discussion regarding the approval of Resolution 11-10- 16-21, approving the purchase of property and construction of a new office building by the Brazos Central Appraisal District. Item 2k was pulled from consideration at this time. Item 2h was pulled for a separate vote. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Brick,the City Council voted seven(7) for and none(0) opposed, to approve the Consent Agenda, less items 2h and 2k. The motion carried unanimously. (2h)MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Nichols, the City Council voted six (6) for and one (1) opposed, with Councilmember Benham voting against, to adopt Ordinance 2016-3833, approval of a roadway maintenance fee. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action and discussion on Ordinance 2016-3834, amending Chapter 10, "Traffic Code", Section 4 "Administrative Adjudication of Parking Violations",E"Parking Regulations of Certain Described Areas",(1)"Traffic Schedule XIV - No Parking Here to Corner or No Parking Anytime" of the Code of Ordinances to remove parking on Peyton Street, Chappel Street, Banks Street, Pearce Street, Columbus Street, Churchill Street, Pasler Street, Preston Street, Avenue B, and Turner Street. Troy Rother, Traffic Engineer, reminded Council that at the April 28th City Council Meeting residents informed City Council and City Staff that on-street parking was making it difficult to access residences within their neighborhood. Council provided direction to evaluate on-street parking within the neighborhood and determine if parking removal was needed to provide emergency vehicle access. Based upon the observations of the Fire Department, Police Department, and Traffic Engineering, Staff presented a proposed No Parking Ordinance to residents from the area at a public meeting on October 19th. There were twenty citizens in attendance at the public meeting. Additionally, staff received phone calls from five residents and emails from five residents. Of the twenty citizens at the meeting, five seemed to be in support of the proposed ordinance to remove parking from one side of each street and fifteen seemed to be opposed. Staff also received emails and phone calls. Those opposed to this ordinance include long-term residents and owners of rental properties. Long-term residents are opposed to this ordinance because they are upset that such parking removal is now needed despite their prior objections to the creation of rental properties that do not have sufficient off-street parking for the RM111016 Minutes Page 3 number of bedrooms being rented. Rental property owners are opposed to this ordinance because they feel it will affect their ability to make money from their rental properties. Residents in support of the ordinance see a need for emergency vehicles to be able to access these streets, noting a number of older residents that may need access to ambulance service. To improve safety,mobility, and emergency vehicle access along these streets,the City of College Station Traffic Management Team recommends approving this ordinance, as well as staff. At approximately 7:51 p.m., Mayor Berry opened the Public Hearing. William Beard, 617 Columbus, provided written comments, attached, Delaney Becker, 827 Pasler Street, provided written comments. Andrew Daily, 608 Pearce, said he has lived there about 30 years. It used to be a quiet neighborhood, but over the years larger homes have been built without adequate parking. The homes on his street are inhabited by families, some of which are approaching retirement. When family comes to visit, there is no place to park. Virgia Thomas, 611 Banks, does not agree with removing the parking, but the area has been overbuilt and is over crowded. The community is 70 years old and is family oriented. There are elderly residents throughout the area. She asked for no more building in the community, Jimmy McDonald, 713 Pasler, declined to speak. Lucile Young, 720 Churchill Street,thanked Council for what they have done. Removing parking from one side of the street is for the good of the community and for its safety. God is on their side. This is a senior neighborhood, with most of the residents in their 80's. Kener Hamilton, 814 Churchill, the full evidence of the problem is in the nighttime. Between the parties and games days, there are 30 cars on Churchill There being no further comments,the Public Hearing was closed at 8:03 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Mayor Berry, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016-3834, amending Chapter 10, "Traffic Code", Section 4 "Administrative Adjudication of Parking Violations", E "Parking Regulations of Certain Described Areas", (1) "Traffic Schedule XIV -No Parking Here to Corner or No Parking Anytime"of the Code of Ordinances to remove parking on Peyton Street, Chappel Street, Banks Street, Pearce Street, Columbus Street, Churchill Street, Pasler Street, Preston Street, Avenue B, and Turner Street. The motion carried unanimously. Staff was requested to research a permitted parking system. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3835, amending Chapter 12, "Unified Development Ordinance," Article 2 "Development Review Bodies", Section 12-2.5 "Design Review Board," Subsection B "Membership and Terms" of the Code of Ordinances of the City of College Station, Texas, regarding membership of the Design Review Board. RM111016 Minutes Page 4 Molly Hitchcock, Planning and Development Services, noted that this ordinance provides revisions to the Design Review Board (DRB) membership qualifications in the Unified Development Ordinance (UDO). At the workshop on July 28, 2016, the Council discussed membership qualifications of the Board and the challenges of making appointments to the DRB. This amendment is proposed to address City Council's concerns and thoughts expressed at the workshop meeting. The Planning and Zoning Commission considered this item at their October 20 meeting and unanimously recommended approval. At approximately 8:32 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:32 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3835, amending Chapter 12, "Unified Development Ordinance,"Article 2 "Development Review Bodies", Section 12-2.5 "Design Review Board," Subsection B "Membership and Terms" of the Code of Ordinances of the City of College Station, Texas, regarding membership of the Design Review Board. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion approving Ordinance 2016- 3836, vacating and abandoning a 0.062 acre public drainage easement lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described by a deed to TLS Properties,LTD., recorded in Volume 3091,Page 243 of the Official Public Records of Brazos County, Texas. Carol Cotter, Planning and Development Services, stated that this public drainage easement abandonment will accommodate the recent development of The Junction, a multifamily project. The owner of the Junction will privately own and maintain the existing drainage area and infrastructure at this location. Staff recommends approval. At approximately 8:34 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:34 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3836, vacating and abandoning a 0.062 acre public drainage easement lying and being situated in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas, said tract being a portion of the remainder of a called 134.041 acre tract as described by a deed to TLS Properties, LTD., recorded in Volume 3091, Page 243 of the Official Public Records of Brazos County, Texas. The motion carried unanimously. RM111016 Minutes Page 5 4. Public Hearing, presentation, possible action, and discussion on Resolution 11-10-16-04, that establishes the City Council determination that the use of parkland is allowable and that no other feasible or prudent alternative exists for a Public Utility Corridor to run wastewater lines and other public utilities for the proposed Southern Pointe development, and that all reasonable planning measures have been taken to minimize the harm to such parkland. Dave Coleman, Director of Water Services,noted that approval of this item will establish a Public Utility Corridor across Lick Creek Park needed for the development of Brazos County MUD #1, known as Southern Pointe. Through the park is the only feasible route for the utility corridor, since the park lies directly between Southern Pointe and the Lick Creek Wastewater Treatment Plant. This agenda item only establishes the Public Utility Corridor across Lick Creek Park to the Lick Creek Wastewater Treatment Plant and does not create any real property rights. A separate City authorized Right-of-Entry License Agreement will need to be executed by Brazos County MUD #1 and the Southern Pointe developer before any construction takes place in the Public Utility Corridor. The Right-of-Entry License Agreement will require that Brazos County MUD #1 and the developer provide, among other things, insurance, indemnity, release, and bonds, for the protection of City and parkland property. Staff recommends approval. At approximately 8:40 p.m., Mayor Berry opened the Public Hearing. Bob Brick, 1309 Foxfire, asked that attention be given to a very careful survey to mitigate the survival of rare species in the area. There being no further comments, the Public Hearing was closed at 8:41 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted seven(7) for and none (0) opposed, to approve Resolution 11-10- 16-04, that establishes the City Council determination that the use of parkland is allowable and that no other feasible or prudent alternative exists for a Public Utility Corridor to run wastewater lines and other public utilities for the proposed Southern Pointe development, and that all reasonable planning measures have been taken to minimize the harm to such parkland. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3837, amending the Comprehensive Plan - Future Land Use & Character Map from Estate to Restricted Suburban for approximately 13 acres located at 1404 Bird Pond Road, more generally located near the northeast corner of Rock Prairie Road and Bird Pond Road. This item was pulled at the request of the applicant. 6. Public hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3838, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from E Estate to PDD Planned Development District for RM111016 Minutes Page 6 approximately 13 acres being situated in the Thomas Caruthers league, abstract no. 9, College Station,Brazos County, Texas, said tract being the remainder of a called 26.25 acre tract of land as described as tract 2 by a partition deed to John Patton Atkins recorded in volume 394, page 796 of the deed records of Brazos County,Texas, generally located at 1404 Bird Pond Road, generally located near the northeast corner of Rock Prairie Road and Bird Pond Road. This item was pulled at the request of the applicant. 7. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3839, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from SC Suburban Commercial to PDD Planned Development District for approximately 6.89 acres being situated in the McGill Subdivision, Lot 1, Block 1 recorded in Volume 11610, Page 121 of the deed records of Brazos County, Texas, generally located at 2381 Earl Rudder Freeway South, more generally located North of Raintree Drive along Earl Rudder Freeway South. Mark Bombeck, Planning and Development Services, reported that the Planning and Zoning Commission considered this item on October 20 and unanimously recommended approval of rezoning without the additional height restriction recommended by staff Additionally, the Planning and Zoning Commission recommended a condition to restrict the location of drive-thru restaurants only within phase one, as indicated on the Concept Plan. The applicant agreed to add ten feet to the buffer, increasing the buffer to thirty feet. At approximately 9:11 p.m., Mayor Berry opened the Public Hearing. Mark Buxkemper, 7708 Sherman Court, said this property has been rezoned several times. The neighbors have given up. His concern is the height of 49 feet and a 50,000 square foot building. This indicates the probability of a hotel. He asked that Council deny the request. Laurie Sorell, 7704 Sherman Court, said she is concerned about flooding. TXDOT has an easement for drainage. Whoever builds on that property will have a lot of challenges. She also has concerns about traffic, restaurant smells, and noise. Veronica Morgan, 3204 Earl Rudder South, provided a brief history of the property. She noted the concept plan does not show all the detail, it is just a general idea. They will have to meet all City ordinances. They are requesting a 2:1 height ratio for more flexibility. They also need to balance a project on property with highway frontage adjacent to a residential area. Bil Lero, 2409 Nottingham, Bryan, stated the current zoning just doesn't work. They are not attempting to draw traffic to the area; they are just wanting to take advantage of the traffic that is already there. He noted that there are great distances from the buildings to the homes. Cheryl Wenck, 8703 Chippendale, expressed her concern about the drainage problems on the east side. There is a huge problem with flooding from Bee Creek in her neighborhood. RM111016 Minutes Page 7 There being no further comments, the Public Hearing was closed at 9:33 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Mayor Berry, the City Council voted two (2) for and five (5) opposed, with Councilmembers Brick, Aldrich, Mooney, Nichols, and Benham voting against, to adopt Ordinance 2016-3839, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from SC Suburban Commercial to PDD Planned Development District for approximately 6.89 acres being situated in the McGill Subdivision Lot 1, Block 1 recorded in Volume 11610, Page 121 of the deed records of Brazos County, Texas, generally located at 2381 Earl Rudder Freeway South, more generally located North of Raintree Drive along Earl Rudder Freeway South, with Planning and Zoning's recommendations. The motion failed. 8. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3840,amending Chapter 15,"Impact Fees,"of the Code of the City of College Station,Texas, providing for roadway impact fees within the City. Alan Gibbs, City Engineer, stated that the ordinance, with an effective date of December 1, 2016, implements the collection of roadway impact fees (in three phases) within the entire city limits, consistent across the entire city limits, divided into four service areas. He noted that $375 per vehicle mile equates to a$1,500.00 impact fee for a single-family home. Staff recommends approval. At approximately 9:55 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:55 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Mayor Berry,the City Council voted six (6) for and one (1) opposed, with Councilmember Benham voting against, to adopt Ordinance 2016-3840, amending Chapter 15, "Impact Fees," of the Code of the City of College Station, Texas, providing for roadway impact fees within the City, as amended. The motion carried. 9. Public Hearing, presentation, possible action, and discussion on Ordinance 2016-3841, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station,Texas by changing the zoning district boundaries from GS General Suburban to GC General Commercial for approximately 1.229 acres being Lots 1,2,3,4, 7,8,and 10,Block 18, of College Hills Estates 4th Installment, according to the plat thereof recorded in Volume 104, Page 243 of the Deed Records of Brazos County, Texas, and located at 100, 102, 104, 106, 112, and 204 George Bush Drive East. Jennifer, Prochazka, Economic Development Manager, reported that the proposed rezoning from General Suburban to General Commercial is to allow for infill commercial redevelopment opportunities in proximity to Texas A&M University. The subject properties are located along the south side of George Bush Drive East,just north of existing commercial development. The lots RM111016 Minutes Page 8 are currently developed as single-family residential homes. While the properties are likely too small to redevelop for commercial uses on their own,there is opportunity for consolidation of lots for a larger redevelopment effort. As currently zoned, the properties could redevelop on a lot-by- lot basis, potentially precluding future commercial redevelopment in the area. This area was recently identified by Staff as a prime location for needed general commercial redevelopment and as a targeted area for commercial preservation. The Planning and Zoning Commission considered this item at their October 20 meeting and voted unanimously to recommend approval of the request. At approximately 10:12 p.m., Mayor Berry opened the Public Hearing. Penny Sue Thomas, 306 George Bush East, said she has family members living there. She asked what would be the effect if this goes forward. Staff said the use would continue until it sold. There being no further comments, the Public Hearing was closed at 10:14 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3841, amending Chapter 12, "Unified Development Ordinance," Section 12-4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundaries from GS General Suburban to GC General Commercial for approximately 1.229 acres being Lots 1, 2, 3, 4, 7, 8, and 10, Block 18, of College Hills Estates 4th Installment, according to the plat thereof recorded in Volume 104, Page 243 of the Deed Records of Brazos County, Texas, and located at 100, 102, 104, 106, 112, and 204 George Bush Drive East. The motion carried unanimously. 10. Adjournment. Mayor Berry expressed her appreciation to the Council for the pleasure of serving with them. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:17 p.m. on Thursday,November 10, 2016. .r/ arl oon: , M. e ATTEST: Sherry Mas , City Secretary RM111016 Minutes Page 9 /—'. ( ‘ (