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HomeMy WebLinkAbout03/10/2016 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION MARCH 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: TAMU Student Liaison Kelly Templin, City Manager Wayne Beckermann,VP/Municipal Affairs Carla Robinson, City Attorney Chuck Gilman, Deputy City Manager 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 7:19 p.m. on Thursday, March 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. Presentation Presentation of award of Executive Fire Officer Designation to Battalion Chief Christopher Kelly for the completion of The National Fire Academy capstone program. Chief Eric Hurt presented the award to Battalion Chief Christopher Kelly. RM031016 Minutes Page 1 Hear Visitors Comments Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of Pvt. Rey D. Cuervo. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • February 25,2016 Workshop • February 25,2016 Regular Meeting 2b. Presentation, possible action, and discussion regarding Resolution 03-10-16-2b, approving an Advanced Funding Agreement with the State of Texas acting through the Texas Department of'Transportation ("TxDOT") authorizing the contribution of$450,000 to TxDOT for improvements to Farm to Market Road 2154 (aka Wellborn Road) at its intersection with Greens Prairie Trail Road within the City limits; 2c. Presentation, possible action, and discussion on a Public Highway At-Grade Crossing Agreement between Union Pacific Railroad, Brazos County and the City of College Station which will allow College Station to operate & maintain an At-Grade Crossing at Greens Prairie Trail contingent on Brazos County closing its At-Grade Crossings at Wade and Straub. 2d. Presentation, possible action, and discussion of an interlocal agreement with Blinn College for the City Fire Department to provide clinical sites to Blinn EMS students. 2e. Presentation, possible action, and discussion regarding the award of Bid 16-044 to Techline, Inc. in the amount of $58,670 for the purchase of Cleaveland Price Motor Operators. 2f. Presentation, possible action, and discussion on the first amendment to the FY16 Arts Council of the Brazos Valley Hotel Occupancy Tax Funding Agreement in the amount of $386,400 for Affiliate funding and Annual Program and Marketing funding. 2g. Presentation, possible action, and discussion regarding a Professional Services Contract (Contract No. 16300289) with Binkley & Barfield, Inc. in the amount of$1,013,360 for the professional engineering services related to the design of the Holleman South Widening Project. 2h. Presentation, possible action, and discussion regarding a contract(Contract No. 15-157- 2) with iteris inc. to purchase services, equipment, and maintenance of hardware and software associated with the second year (FY16) of the implementation plan. The a total cost of this contract is not to exceed $811,413. Item 2d was pulled from Consent for a separate vote. RM031016 Minutes Page 2 MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less item 2d. The motion carried unanimously. (2d)MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Mooney, the City Council voted six for (6) and none (0) opposed, with Mayor Berry abstaining, to approve an interlocal agreement with Blinn College for the City Fire Department to provide clinical sites to Blinn EMS students. The motion carried. REGULAR AGENDA 1. Public Hearing., presentation, possible action, and discussion regarding Ordinance 2016- 3752,amending the Comprehensive Plan-Future Land Use&Character Map from Business Park to Urban and General Commercial for approximately 17 acres located at 4098 Raymond Stotzer Parkway,more generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road. Mark Bombeck, Planning and Development,reported that the applicant is requesting the proposed future land use amendment to Urban and General Commercial as a step toward permitting a mixed- use development at the corner of Turkey Creek Road and Raymond Stotzer Parkway Frontage Road. This development is intended to serve the nearby BioCorridor Planned Development District and to provide supplemental uses that add to the efforts made in that area. The Planning and Zoning Commission considered this item on January 21, and voted 4-0-1 to recommend approval. At approximately 7:29 p.m., Mayor Berry opened the Public Hearing. Crissy Hartl, Mitchell & Morgan Engineering, provided a presentation on the proposed land use amendment and the rezoning request(item 2). There being no further comments, the Public Hearing was closed at 7:35 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3752, amending the Comprehensive Plan-Future Land Use&Character Map from Business Park to Urban and General Commercial for approximately 17 acres located at 4098 Raymond Stotzer Parkway, more generally located at the corner of Turkey Creek Road and Raymond Stotzer Parkway frontage road. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3753, 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 R Rural to MF Multi-Family and GC General Commercial for approximately 17.788 acres lying and being situated in the John H. Jones League Abstract No. 26 in College Station, Brazos County, Texas and being a part of the 17.788 acre tract described in the deed from William Charles Gilmore, Walter Edgar Gilmore,II,Peter Lee Gilmore and Edith Ann Gilmore to BCS Turkey Creek,L.P.recorded RM031016 Minutes Page 3 in Volume 11640, Page 259 of the Official Records, Brazos County, Texas, and more generally located at the intersection of Turkey Creek Road and Raymond Stotzer Frontage Road. Mark Bombeck, Planning and Development, reported that the applicant is requesting a zoning change from Rural to Multi-Family and General Commercial as a step toward developing a property with a mix of multi-family residential and commercial uses. The Planning and Zoning Commission considered this item on January 21, and voted 4-0-1 to recommend approval. At approximately 7:38 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:38 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2016- 3753, 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 R Rural to MF Multi-Family and GC General Commercial for approximately 17.788 acres lying and being situated in the John H. Jones League Abstract No. 26 in College Station, Brazos County, Texas and being a part of the 17.788 acre tract described in the deed from William Charles Gilmore, Walter Edgar Gilmore, II, Peter Lee Gilmore and Edith Ann Gilmore to BCS Turkey Creek, L.P. recorded in Volume 11640, Page 259 of the Official Records, Brazos County, Texas, and more generally located at the intersection of Turkey Creek Road and Raymond Stotzer Frontage Road. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2016- 3754, 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 0 Office and GC General Commercial to MF Multi- Family and NAP Natural Areas Protected with the condition that no residential structures be constructed within the 135-foot buffer from the heater-treater equipment on the abutting site containing oil and gas uses for approximately 17.66 acres being Lot 1, Block 5 of the Tower Point Phase 5 subdivision, generally located at 1110 Arrington Road, more generally located south of the intersection of Arrington Road and Decatur Drive. Laura Walker,Planning and Development,reported that the applicant is requesting a Multi-Family and Natural Areas Protected rezoning to develop this lot into a multi-family complex and greenway trails within the Natural Areas Protected district. The Planning and Zoning Commission considered this item on February 4 and voted to recommend approval with the condition that no residential structures be located within a 135-ft buffer of the existing heater-treater on the abutting property containing oil and gas uses. Staff recommends approval with the condition as well. At approximately 7:45 p.m., Mayor Berry opened the Public Hearing. RM031016 Minutes Page 4 Crissy Hartl, Mitchell & Morgan Engineering, provided a presentation on the rezoning request. Mark Lindley, Asset Plus Properties, spoke about the development and clarified that it would not be a student housing development. Veronica Morgan, Mitchell & Morgan Engineers, addressed citizen concerns regarding noise/lights, safety, property values, environmental/flooding, and traffic. Kevin Koel, 2408 Newark Circle, provided written comments. Ann Willaert, 1207 Martinsville Lane, said this will add 500-700 people and cars. We want to stay a top ten community to raise a family, and we want to maintain that small town feel. This will attract short-term renters who will not care about the neatness of our neighborhood. Ignacio Castillo, 4319 Addison Court, provided written comments. Joe Guerra, 2079 Ravenstone Loop, spoke in the support of neighborhood integrity and traffic impacts. He noted that Tower Point has not been built out yet. He reviewed the 2009 Tower Point TIA and projected the number to build to 39,496 vehicles per day. This project will generate 7,655 trips per day, which puts them over level service D. Charlotte Stout, 4228 Alexandria, stated this was zoned for commercial and general office when they moved here. She read from the Comprehensive Plan which addressed neighborhoods. She first heard of this plan six weeks ago;they had no idea apartments were planned for this area. They gathered 482 signatures for a petition opposing this development, along with over 200 online signatures. The neighbors within 200' of the project are also in opposition. Richard Stout, 4228 Alexandria, said the City seems to change zoning with the wind. He asked how anyone can do any planning if the City can't. They bought their property in good faith there would not be apartments there. There is a marsh there, and tons of fill dirt will need to be brought in which will destroy plant and animal life. There will be unintended consequences. How much weight can be placed on an oil well without affecting the structural integrity? Tom Swanner,4223 Whispering Creek, said he is planning to build just across the street. He asked that Council consider the quality of life of the people that will be impacted by this development. He strongly urged Council to vote against this change. Jason Walker, 4212 Alexandria, said the area was totally undeveloped when he purchased his home. It was obvious that P&Z had already made up their minds and didn't listen to the residents. He walked to 200 houses and gathered signatures for a petition opposing the development. There are concerns related to traffic. With the Barron Road overpass, no one will use the Highway 6 U- turn. There will be a lot more traffic and it will affect property values. Wei Walker, 4212 Alexandria, said she has lived in Shenandoah for eleven years. They pay taxes and support local businesses. There are a lot of children in the streets. She is worried about the children now. She hopes the petitions will mean something to the Council and will vote against this. RM031016 Minutes Page 5 Celeste Anthony, 4343 Dawn Lynn, said she purchased her townhouse because it was in a neighborhood with townhomes and single family residences. She said she cannot see how the owner can guarantee that this will not become student housing because a young professional cannot afford the rents they are proposing. Shelley Duke, 4331 Dawn Lynn, said she purchased her home last May. They had contracts near multi-family develops but decided against those because they have a small child. Mildred Seaton, 1404 Dayton Court, said she bought her home in that area because it was a family neighborhood with well-kept yards, children, and parks. The children at the bus stop do not pay attention to the cars, and she is concerned for their safety. Adding these apartments will destroy the neighborhood. Jeffrey Moder, 1738 Heath, said he likes living in College Station and respectfully asked Council to deny this zoning request. This type of decision is based on urgent need and more time needs to be given and find more areas where multi-family will be more appropriate. David Anthony, 4343 Dawn Lynn, provided written comments. J.R. Tones, 4312 Valencia Court, said he is concerned this will become student housing because the developer specializes in student housing. When asked why he was moving south, he replied that he had run out of land around the university. Randolph Barbee, 4310 Addison Court, said she does not want an apartment complex in her back yard. There is a natural ravine behind that serves as drainage. Will that still be there? The value of her home will be decreased. Laurie Rowland, 4318 Spring Hill, said she has lived in College Station for 46 years. She is opposed to this rezoning and feels it is deceptive and unfair. She did not expect land zoned as commercial to be rezoned for apartments. Looking at the overwhelming number of residents opposed to this, it is obvious that this should be denied. They are not opposed to development; they are opposed to a multi-family development. David Shamburger, 4303 Dawn Lynn, said he had bought a home there for his daughter based on the type of neighborhood there. The decision was also based on the commercial zoning at the time. Eve Franklin, 1531 Strasburg, said she welcomed HEB and the other businesses. The developer tried to allay neighborhood concerns about traffic,but she finds the results unbelievable. Rezoning is being opposed adamantly by the ones most directly impacted. They ask that the original zoning be honored and that Council stand by its citizens. Monique Reed, 1414 Southern Plantation, said she enjoys living in a quiet neighborhood with natural beauty. The developer has said that a wetlands study has been done, and she recommends that the City review this before approving this. She believes this will become a jurisdictional wetlands. RM031016 Minutes Page 6 Susie Dai, 921 Dove Run,reminded Council she had spoken against this rezoning four weeks ago. She is here again tonight to express two points: 1) re-evaluation of the Comprehensive Plan, and 2) communication between the developers and the neighborhoods. Allen Duty, 1418 Fincastle Loop, said this development will change the character of the neighborhood. He asked Council to consider that of all the people that have spoken tonight, none have spoken in favor. There is no way traffic can be accommodated at a safe level. Laura Winningham, 1512 Bluefield Court,provided written comments. Dennis Sarchet, 1403 Fincastle,provided written comments. Anthony Casper, 1216 Norfolk, said the Council has the neighborhood's future in its hands and to please listen to the people tonight, and vote no. Melissa Cameron, 1408 Elkton, provided written comments. Greg Sowell, 1450 Fincastle, provided written comments. David Casey, 1105 Waynesboro, said he does not think the tax benefits from this development will outweigh the impact to the community. The developer will fill those apartments. Who is really the target market in this town? How many young professionals are here? Clyde Hance, 1443 Fincastle, said he went by the retention area was half full. In December, it was up to the bridge and flowing into Decatur and Arrington. He noted that the example of the shortest trip time is also the most dangerous. Jennifer Hurd, 4256 Rocky Rhodes, provided written comments. Daniel Stanfield, 4318 Addison, said his property backs up to the development. When he purchased his property in 2011, he was comfortable backing up to commercial. He is not so comfortable backing up to a three-story complex. Amy Casey, 1105 Waynesboro, provided written comments. Elizabeth Lowman, 1217 Remington Court, provided written comments. Bennie Pate, 1401 Fincastle Loop, provided written comments. David Poprik, 1206 Spartanburg, said he is not against multi-family or development. He does feel it is misleading to say there is no other place to build this type of project. The school district is ill prepared for this to happen. Nicolas Lowman, 1217 Remington Court, provided written comments. Vickie Winston, 4305 Dawn Lynn, provided written comments. Shawn Whitley, 4315 Addison Court, provided written comments. RM031016 Minutes Page 7 Donald Button, 1401 Elkton, provided written comments. Eddie Cardona, 3818 Stony Creek, provided written comments. Amanda Cardona, 3818 Stony Creek, provided written comments. Heather Brake, 3817 Stony Creek, provided written comments. Jason Brake, 3817 Stony Creek, provided written comments. John Hollis, 1203 Skyline, provided written comments. Christopher Lindsey, 1428 Fincastle Loop, provided written comments. Fred Bayliss, 7610 River Ridge, said he is in support of the rezoning. The property is being develop consistently with what the City has planned. Yes,they have done student housing before, but they have also done high end projects. This area not on the bus route. If developed as a commercial use, that will drive increased traffic. Kristina Walters, 1209 Skyline, provided written comments. Charles Walters, 1209 Skyline, provided written comments. Jeremy Richmond, 15709 Buffalo Creek, said he is in support of the rezoning. The current landowner has been paying full market value in taxes to the tune of about $40,000. He reminded Council of the two other projects denied last month, and noted this is on property that has been planned for urban development which includes apartments and multi-family. Jack Li, 4103 Halifax, provided written comments. There being no further comments, the Public Hearing was closed at 9:19 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Mooney, the City Council voted two (2) for and five (5) opposed, with Mayor Berry and Councilmembers Aldrich,Nichols, Schultz, and Benham voting against,to deny Ordinance 2016- 3754, 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 0 Office and GC General Commercial to MF Multi-Family and NAP Natural Areas Protected with the condition that no residential structures be constructed within the 135-foot buffer from the heater-treater equipment on the abutting site containing oil and gas uses for approximately 17.66 acres being Lot 1, Block 5 of the Tower Point Phase 5 subdivision, generally located at 1110 Arrington Road, more generally located south of the intersection of Arrington Road and Decatur Drive. The motion failed. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Schultz, the City Council voted five (5) for and two (2) opposed, with Councilmembers Brick and Mooney voting against, to adopt Ordinance 2016-3754, amending Chapter 12, "Unified RM031016 Minutes rn Page 8 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 0 Office and GC General Commercial to MF Multi-Family and NAP Natural Areas Protected with the condition that no residential structures be constructed within the 135-foot buffer from the heater-treater equipment on the abutting site containing oil and gas uses for approximately 17.66 acres being Lot 1,Block 5 of the Tower Point Phase 5 subdivision,generally located at 1110 Arrington Road,more generally located south of the intersection of Arrington Road and Decatur Drive,with the condition that no residential structures be located within a 135-ft buffer of the existing heater-treater on the abutting property containing oil and gas uses, and on the condition that there be no rental by the bedroom. The motion carried. 4. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:11 p.m. on Thursday, March 10, 2016. Nancy Berry Mayor ATTEST: CKLAA7<h(e. Sherry Ma urn, City Secretary RM031016 Minutes Page 9 , :„• "�. \\etcrk..):\ / ( (** ( - icarirem% ( - . * ,: , ( ( , * Rr. -- ...- . `` .;j50' ( .