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HomeMy WebLinkAbout11/09/2017 - Regular Minutes - City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION NOVEMBER 9, 2017 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Blanche Brick Jerome Rektorik Linda Harvell Barry Moore Julie Schultz James Benham, via videoconference City Staff: Student Liaison Kelly Templin, City Manager Tory Oxendahl, Municipal Affairs Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary Call to Order and Announce a Quorum is Present With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney at 7:47 p.m. on Thursday, November 9, 2017 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 1. Pledge of Allegiance, Invocation, consider absence request. Proclamation for the 50th Anniversary of Bryan-College Station Regional Association of Realtors. Mayor Mooney presented the proclamation recognizing the Bryan-College Station Regional Association of Realtors for their 50th Anniversary and years of service. Proclamation in recognition of College Station Utilities Lineman Jacob Rowe for outstanding performance in 2nd Annual Apprentice Lineman Rodeo. Mayor Mooney presented the proclamation recognizing Jacob Row for his outstanding performance in 2nd Annual Apprentice Lineman Rodeo. Hear Visitors Comments RM110917 Minutes Page 1 Ben Roper, College Station, came before Council to honor the service and sacrifice of Army 2nd Lt. Brian D. Smith. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: • October 26, 2017 Workshop Meeting • October 26, 2017 Regular Meeting 2b. Presentation, possible action, and discussion regarding Resolution No. 11-09-17-2b forming an Architectural Advisory Committee. 2c. Presentation, possible action, and discussion regarding a participation agreement between the City of College Station and OGC Greens Prairie Investors, LLC to share the costs of constructing intersection improvements at Greens Prairie Road and Arrington Road. 2d. Presentation, possible action, and discussion regarding an interlocal agreement for cost sharing with Texas A&M University for pedestrian improvements at the intersections of FM 60 with Discovery Drive and the Large Animal Clinic driveway. 2e. Presentation, possible action, and discussion regarding ratification of Change Order #1 to contract #17300305 with Blastco for a credit of $51,185.04 and ratification of a new emergency contract #18300040 with Blastco for $135,887.30 to repair the concrete foundation in Clarifier 3A at the Carters Creek Wastewater Treatment Plant. 2f. Presentation, possible action, and discussion regarding the approval of a construction contract (Contract No. 18300026) with Palasota Contracting, LLC, in the amount of $651,494.05; for the construction of the Greens Prairie and Arrington Road Intersection Improvements Proiect. 2g. Presentation, possible action, and discussion regarding a $439,126 construction contract (17300565) with Marek Brothers Construction, Inc. for Traffic Operations Center renovations. 2h. Presentation, possible action, and discussion on Ordinance No. 2017-3955 amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1014 "Traffic Schedule XIV,No Parking Here to Corner and No Parking Any Time," of the Code of Ordinances of the City of College Station, Texas, by removing parking on Cooner Street from Texas to around the Cul-de-sac to the intersection with MacArthur, by providing a severability clause; declaring a penalty; and providing an effective date. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Rektorik, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, with the exception of 2b. The motion carried unanimously. (2b)MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Rektorik,the City Council voted seven(7) for and none (0) opposed,to approve Consent Item 2b, RM110917 Minutes Page 2 to the proposed resolution creating the Architectural Advisory Committee with Part 2 replaced with the following language: "That the Architectural Advisory Committee shall be composed of five (5) individuals including no more than three (3) council members and two (2) citizens of College Station preferably qualified as set forth in the preamble above". The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2017-3956 amending the Comprehensive Plan - Eastgate Neighborhood Plan, Chapter 1 - Community Character, "Site Development Area 1 - Lincoln Avenue" to allow for vehicular access to Lincoln Avenue for a tract approximately 7.5 acres being generally located at 801 Lincoln Avenue. Alaina Helton,Planning and Development, stated that the applicant is requesting a text amendment to the Comprehensive Plan's Eastgate Neighborhood Plan, Chapter 1 - Community Character, "Site Development Area 1 - Lincoln Avenue"to allow access from Lincoln Avenue to a proposed PDD Planned Development District generally located at 801 Lincoln Avenue. The PDD request proposes multi-family and commercial uses interior to the property and single-family land uses fronting Lincoln Avenue as called for in the Eastgate Neighborhood Plan. This proposed Comprehensive Plan amendment removes language in the Eastgate Neighborhood Plan that restricts vehicular access between the multi-family and/or commercial uses and the proposed single-family land uses fronting Lincoln Avenue. The applicant held a neighborhood meeting on October 10, 2017 to discuss the rezoning request and Comprehensive Plan Amendment. The applicant, property owner, City staff and fifteen (15) residents attended the meeting. The resident concerns included: increased traffic along Lincoln Avenue and Ashburn Avenue, decreased property value due to an increase in neighborhood traffic, intensity of the uses requested, building height, signage, and the close proximity of the development to single-family homes. The Planning and Zoning Commission heard this item at their October 10th meeting and voted 3- 1 to recommend denial of the request. Staff recommends approval. The applicant spoke. At approximately 8:42 p.m., Mayor Mooney opened the Public Hearing. Suzanne Droleskey, College Woodlands Neighborhood Associations, requested Council to not allow the amendment of the through access to the PDD from Lincoln. Kam Milton, College Station, stated her concerns regarding the increase of traffic due to the proposed access along Lincoln and Ashburn. Gary Halter, College Station, stated his concern of the increased traffic along Lincoln Avenue and Ashburn Avenue with the proposed amendment. Mr. Halter made reference to the TIA. RM110917 Minutes Page 3 Rachel Smith, College Hills Woodlands, stated her concerns related to the increase in traffic on Lincoln. She requested Council to relook at the Comprehensive Plan. Quint Foster, Eastgate, stated that Council is considering this item for sale tax revenue, if adding the extension will create a negative impact. Mr. Foster also asked Council to relook at the (TIA) traffic studies and deny the amendment request. Joel Cantrell, College Hills Woodlands, talked about the beginning of the Eastgate Development, and how the Eastgate Neighborhood plan was originally set up to protect the neighborhood. Nan Crouse (written), College Woodlands, requested that Eastgate Neighborhood Plan not be amended to allow through access to the PDD from Lincoln. She additionally requested that the City mitigate or eliminate the things that would be detrimental to the adjacent neighborhood. Jimmy Loup, College Station, stated his support for the request citing the positive benefits of business growth to the community. Tai Lee, College Station,thanked the Council for the supportive atmosphere they provide for local business and stated his support for this request. Les Bunte, College Station, requested Council to pass this proposal, to extend this access for the safety of citizens who come in and out of the shopping center. Cully Lipsey, College Station, stated his support for the access from Lincoln Avenue to a proposed PDD Planned Development District. He is excited about this growing area and stated that this location needs room to grow, which this request provides. Frank Varisco, College Station, spoke on behalf of the Scarmardo family and in support of the amendment. Gary Mobley, Bryan, spoke on behalf of the Scarmardo family and in support of the amendment. Aaron Hendrick, College Station, stated that he is one of the business owner of this area and that this access will help his organization grow. Dean Boyd, College Hills Woodlands, stated that the developers (TIA) traffic analysis was incomplete and this request needs to be denied. Stephen Miller, College Hills Woodland, stated that University Town Center is not Eastgate Neighborhood. This access is a mistake and if the access is allow Eastgate will have the same problems as Southgate. He also questioned whether the (TIA)traffic studies presented are reliable. Kriss Boyd, College Hills Woodland, stated her concerns about the traffic studies (TIA) and the number of vehicles that will be coming through Eastgate if this access is allowed. David Scarnardo, applicant, requested Council approve this access citing expanded economic growth in this area. RM110917 Minutes Page 4 Shirley Dupriest, College Park, asked Council to listen to the citizens of the Eastgate Neighborhood, they are invested in their neighborhood. David Fox, College Station, stated he is a business owner in this area and a resident of this area. Mr. Fox holds the opinion that traffic will increase largely based on the student population and that this access will not be the overwhelming driver of increased traffic. There being no comments, the Public Hearing was closed at 9:25 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Benham, the City Council voted four(4) for and two (2) opposed, with Councilmember Brick and Harvell voting against, and Councilmember Moore abstaining, to adopt Ordinance 2017-3956, amending the Comprehensive Plan - Eastgate Neighborhood Plan, Chapter 1 - Community Character, "Site Development Area 1 - Lincoln Avenue" to allow for vehicular access to Lincoln Avenue for a tract approximately 7.5 acres being generally located at 801 Lincoln Avenue. The motion carried. 2. Public Hearing, presentation, possible action, and discussion 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 GS General Suburban to PDD Planned Development District on approximately 7.5 acres of land being situated in the Richard Carter Survey, Abstract No. 8,College Station,Brazos County,Texas,and being generally located at 801 Lincoln Avenue. Alaina Helton, Planning and Development, stated that this request is to rezone approximately 7.5 acres from GS General Suburban to PDD Planned Development District with a base zoning of GC General Commercial, MF Multi-Family and GS General Suburban. This request is in conjunction with a request to amend the Comprehensive Plan's Eastgate Neighborhood Plan, Chapter 1 - Community Character, "Site Development Area 1 -Lincoln Avenue". In an effort to address some of the resident concerns listed above, the applicant has proposed the following modifications to their PDD request: • The initial application proposed a 90 foot maximum height for the multi-family and hotel structures. Based on concerns from the residents, the applicant is now proposing a 60 foot height maximum for these structures. • Attached signage for the non-residential portion of the property will not face Lincoln Avenue and will be located away from the Eastgate Neighborhood. • Night Clubs, Bars and/or Taverns will be prohibited within this PDD. The Planning and Zoning Commission heard this item at their October 19th meeting and voted 4- 0 to recommend approval of the rezoning with modifications to the concept plan to eliminate the proposed vehicular access to Lincoln Avenue and the proposed free-standing commercial sign along Lincoln Avenue. At approximately 10:43 p.m., Mayor Mooney opened the Public Hearing. Dennis Berthold, College Woodlands, presented a video of the traffic of University and Tarrow and requested the council create some kind of buffing. RM110917 Minutes Page 5 Suzanne Droleskey,Eastgate,thanked the council for looking into the traffic (TIA). Ms. Drolesky presented a presentation of different buffing areas, and requested council to look into the buffing on this area. Rachel Smith, College Hills Woodlands, stated that she believes that growth should not come at the expense of the establish community. Dean Boyd, College Station, stated the importance of buffing and requests that council reconsider the planning recommendations. Joel Cantrell, College Hills, stated that Planning's buffing design is ludicrous. Mary Wells (written), College Station, requested that there be no access from the proposed PDD at University Town Center to Lincoln Avenue. Ms. Wells also stated that the proposed PDD will have sufficient access from University Avenue, and it is important to preserve separation from the commercial area and the residential area of Eastgate. Nan Crouse (written), College Woodlands, requested that Eastgate Neighborhood Plan not be amended to allow through access to the PDD from Lincoln. She additionally stated mitigate or eliminate the things that would be detrimental to the adjacent neighborhood. There being no further comments,the Public Hearing was closed at 10.53 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Rektroik, the City Council voted six (6) for and none (0) opposed, with Councilmember Moore abstaining, to adopt Ordinance 2017-3957, 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 GS General Suburban to PDD Planned Development District on approximately 7.5 acres of land being situated in the Richard Carter Survey,Abstract No. 8, College Station,Brazos County,Texas, and being generally located at 801 Lincoln Avenue. The motion carried unanimously. At 11:01 p.m., Mayor Mooney recessed the Regular. Regular reconvened at 11:09 p.m. 3. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.132 acre portion of Right-of-Way of Corsair Drive, lying along Lot 11 of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Deed Records of Brazos County, Texas. Carol Cotter, Engineer, stated that the right-of-way easement abandonment will accommodate a future development along Corsair Drive. A sanitary sewer main exists in the right-of-way described above and a Public Utility Easement (PUE) will be retained on the property until a specific PUE is dedicated.A replat of the lot to incorporate the abandoned right-of-way is currently being processed and will dedicate the required PUE. RM110917 Minutes Page 6 Staff recommends approval of the ordinance. At approximately 11:12 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 11:12 p.m. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Moore, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz abstaining,to adopt Ordinance 2017-3958,vacating and abandoning a 0.132 acre portion of Right- of-Way of Corsair Drive, lying along Lot 11 of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Deed Records of Brazos County, Texas. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion approving an ordinance vacating and abandoning a 0.083 acre portion of a 20 foot wide Public Utility Easement lying within Lot 11 of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Deed Records of Brazos County, Texas. Carol Cotter,City Engineer,stated that the public utility easement abandonment will accommodate a future development of property along Corsair Drive. An electrical conduit and a portion of sanitary sewer line exist within the PUE and a blanket easement has been granted for the tract in order to proceed with this abandonment. With future development, a new PUE will be granted to cover the existing sewer line and the electrical conduit will be relocated with site development to the new PUE. Staff recommends approval of the ordinance. At approximately 11:13 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 11:13 p.m. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Moore, the City Council voted six (6) for and none (0) opposed, with Councilmember Schultz abstaining, to adopt Ordinance 2017-3959, vacating and abandoning a 0.083 acre portion of a 20 foot wide Public Utility Easement lying within Lot 11 of the Century Hill Development Subdivision, according to the plat recorded in Volume 7623, Page 231, of the Deed Records of Brazos County, Texas. The motion carried unanimously. 5. Presentation, possible action, and discussion regarding an appointment to the Brazos Central Appraisal District. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to re-appoint Ron Kaiser to the Brazos Central Appraisal District Board. The motion carried unanimously. 6. 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 RM110917 Minutes Page 7 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. Mayor Mooney requested an item on the right-in and right-out on Lincoln. 7. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 11:19 p.m. on Thursday,November 9, 2017. rl Mooney, ► ayor ATT T: L1mtfL Tanya Smit City Secretary RM110917 Minutes Page 8 AFFIDAVIT OF CONFLICT OF INTEREST THE STATE OF TEXAS § COUNTY OF BRAZOS § I, J e Sc. 2-, as a member of the City of College Station e l- p ULAA I, and/ora person or ersofis related to me, have a make this affidavit and hereby, on oath, state the following: p substantial interest in a business entity that would be peculiarly affected by a vote or decision of the above body, as those terms are defined in Chapter 171, Texas Local Government Code. Date of Meeting: Np v.q 020 ( Agenda Item Number: 2 `{A The business entity is: 2 AC) � ems' , �S L- c_ (have/has) a substantial interest in this business entity for the following reasons: (Check all that are applicable.) ❑ I own 10% or more of the voting stock or shares of the business entity; ❑ I own either 10%or more or$5,000 or more of the fair market value of the business entity; ❑ Funds received by me from the business entity exceed 10% of my gross income for the previous year; IT Real property is involved and (1/we) have an equitable or legal ownership with a fair market value of $2,500 or more; VIA relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this day of 1004e.4A,,k6L-,/, 20 (7. Sig ure of Official w ,o,r Pf L . Title BEFORE ME, the undersigned authority, on this day personally appeared -ScAl► e, who after being by me duly sworn and on his oath deposed and says that he/she has ready the above and foregoing and that every statement contained therein is with his/her personal knowledge and is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME on this 94.1-. day of JoQey\.e,r- , 20 l7 . „ PIMO11HITTENTON Notary Public, State of Texas roj �' 12946552-2 * -. c * Notary Public,State of Texas d �, My Commission Expires ' l4 0. June 20,2021 AFFIDAVIT OF CONFLICT OF INTEREST THE STATE OF TEXAS § § COUNTY OF BRAZOS § I, • %w t"‘0 .3% , as a member of the City of College Station - t'i 61:.‘sr''c-, make this affidavit and hereby, on oath, state the following: I, and/or a person or persons related to me, have a substantial interest in a business entity that would be peculiarly affected by a vote or decision of the above body, as those terms are defined in Chapter 171, Texas Local Government Code. Date of Meeting: I 'C I (r Agenda Item Number: k s 'z-- The business entity is: G-/.>Fo2fl 16.�22tCV e-,11'•'`^='-`-i — s?)4K--zi.y...� (have/has) a substantial interest in this business entity for the following reasons: (Check all that are applicable.) I own 10% or more of the voting stock or shares of the business entity; n I own either 10% or more or$5,000 or more of the fair market value of the business entity; Funds received by me from the business entity exceed 10%of my gross income for the previous year; n Real property is involved and (I/we) have an equitable or legal ownership with a fair market value of $2,500 or more; ❑ A relative of mine has a substantial interest in the business entity or property that would be affected by a decision of the public body of which I am a member. Upon the filing of this affidavit with the City Secretary, I affirm that I will abstain from voting on any decision involving this business entity and from any further participation on this matter whatsoever. Signed this er) day of r1111:1 t•-‘ 41C. , 20 II-. Signature o ' - ch F c.i c,MSM .-r- R - Title BEFORE ME, the undersigned authority, on this day personally appeared b, 'v-re-f+• Mubye , who after being by me duly sworn and on his oath deposed and says that he/she has ready the above and foregoing and that every statement contained therein is with( his/her personal knowledge and is true and correct. SWORN TO AND SUBSCRIBED BEFORE ME on this -I-11'• day of \\\.0 V emb cr , 20 t1. o�PaY;Pv�, TANYA McNUTTwk.L4 ?F •,� (stamp) 11652789.5 Not,ry Pubt , State of Texas l' *(,2c i* Notary Public,State of Texas w>. .,,,.,,,,.. My Commission Expires .ii:'' February 14,2018 {