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HomeMy WebLinkAbout01/11/2018 - Regular Minutes - City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JANUARY 11, 2018 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick Jerome Rektorik Linda Harvell Barry Moore John Nichols James Benham City Staff: Kelly Templin, City Manager Chuck Gilman, Deputy City Manager Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary Lisa McCracken, Records Management Administrator 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 6:15 p.m. on Thursday, January 11, 2018 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 James Benham, College Station, came before Council to honor the service and sacrifice of Army Captain Eric L. Allton. Nate Kidwell, College Station, came before Council to request all of City Council and College Station Citizens to join the Red Cross to Sound the Alarm and Save Lives from Home fires in Brazos County of January 20, 2018. Traci Wallis, College Station, (Written Comments)—requesting Council to fight for the retention of the local neighborhood's historical appearances. CONSENT AGENDA RM011118 Minutes Page 1 2a. Presentation, possible action, and discussion of minutes for: • December 14, 2017 Workshop Meeting • December 14, 2017 Regular Meeting 2b.Presentation,possible action,and discussion on approval of a change order in the amount of$55,043 for the addition or modification of facilities relating to ADA compliance and other types of improvements relating to a construction contract awarded to Acklam Construction Company in the amount of$977,391.30 for improvements within the Barracks Parks. 2c. Presentation, possible action, and discussion regarding approval of a contract with Palasota Contracting, LLC for electric conduit bores across TXDOT right-of-ways in the amount of$486,761. 2d. Presentation, possible action, and discussion on the purchase of three (3) Police motorcycles from The Ranch Harley Davidson (College Station, TX) for the amount of $61,204.50 plus an additional one year extended warranty for$2,754 and the trade in of three existing 2015 Harley Davidson Road King motorcycles for$18,000 (Bid No. 18-015). 2e. Presentation, possible action, and discussion regarding the award of contract no. 18300209 to Palasota Contracting LLC for an amount not to exceed $1,360,000 for concrete curb, gutter and flatwork installation to maintain City infrastructure. 2f. Presentation, possible action, and discussion regarding a change order ratification in the amount of$97,584.48 to the concrete curb, gutter and flatwork contract (Contract No. 15- 036 R2) with Brazos Paving Inc. 2g.Presentation,possible action,and discussion on the first reading of a franchise agreement with CCAA Management Series, LLC d/b/a Brazos Valley Recycling d/b/a The Big Dumpster; for the collection of recyclables from commercial businesses and multi-family locations. 2h. Presentation, possible action, and discussion regarding approval of an ILA transferring surplus radio equipment from the City of College Station to the Rocky Creek Volunteer Fire Department. 2i. Presentation, possible action, and discussion on the second amendment to the Axon Master Services and Purchase Agreement(Contract No.16300457) increasing the term from five (5) to seven (7) years, increasing the contract value from $706,186.31 to $1,166,698.62 and adding the new Axon Fleet (in-car video camera system) hardware, implementation, assurance plan (warranty) and data storage. Any future additional purchases under the agreement will be an additional amount. 2j. Presentation,possible action,and discussion regarding the adoption of Resolution No. 01- 11-18-2j of Support for The Regency Lofts application to the Texas Department of Housing and Community Affairs for an allocation 9% Housing Tax Credits in 2018. RM011118 Minutes Page 2 MOTION: Upon a motion made by Councilmember Benham 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 2j. The motion carried unanimously. City Attorney, Carla Robinson, distributed an updated Resolution No. 01-11-18-2j to the council. (2j)MOTION: Upon the updated resolution a motion was made by Councilmember Benham and a second by Councilmember Rektorik, the City Council voted six (6) for and none (0) opposed, with Councilmember Moore abstaining, to adopt Consent Item 2j, Resolution No. 01-11-18-2j of Support for MGroup Holdings Inc., The Huntington Site 1, TBHC application 18058 to the Texas Department of Housing and Community Affairs for an allocation 9%Housing Tax Credits in 2018. The motion carried. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion approving Ordinance no. 2018-3968 vacating and abandoning a 70-foot wide Street and Public Utility Easement lying within Lot 1A, Block 1 of the Science Park Subdivision, according to the plat recorded in Volume 14160, Page 1, of the Deed Records of Brazos County, Texas. Carol Cotter, City Engineer, stated that this street and public utility easement abandonment will accommodate future development of the property. There is no existing public infrastructure in the easement and the street is not part of any future thoroughfare. The 70-foot street and public utility easement is located on Lot 1 A, Block 1 of the Science Park Development. At approximately 6:38 p.m., Mayor Mooney opened the Public Hearing. Dale Christian, College Station, stated he concerns with the easement. Mr. Christian is with the Church of Christ, which is located by the requested easement. The Church of Christ have 6 acres of undeveloped property, and if this easement is pass then they are land lot. Gary Chabot, College Station, asked inquired about the impact that these changes would have on his property. There being no comments, the Public Hearing was closed at 6:44 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham,the City Council voted seven(7)for and none(0)opposed,to adopt Ordinance no. 2018- 3968 vacating and abandoning a 70-foot wide Street and Public Utility Easement lying within Lot 1A, Block 1 of the Science Park Subdivision, according to the plat recorded in Volume 14160, Page 1, of the Deed Records of Brazos County, Texas. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion approving Ordinance No. 2018-3969 vacating and abandoning a 7,086 square-foot portion of a 10-foot wide Public Utility Easement lying within Lot 1, Block 2 of the CSISD Willow Branch and Oakwood School Sites, according to the plat recorded in Volume 3588, Page 153, of the Deed Records of Brazos County,Texas. RM011118 Minutes Page 3 Carol Cotter, City Engineer, stated that this public utility easement is being abandoned because there is no current public use or need as the utilities have been relocated to accommodate new CSISD development. There is no public infrastructure located in the easement. The 7,086 square foot portion of 10-foot wide public utility easement is located on Lot 1, Block 2 of the CSISD Willow Branch and Oakwood School Sites, according to the plat recorded in Volume 3588, Page 51-53, of the Deed Records of Brazos County. At approximately 6:46 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 6:46 p.m. MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Benham,the City Council voted seven(7) for and none(0)opposed,to adopt Ordinance No. 2018- 3969 vacating and abandoning a 7,086 square-foot portion of a 10-foot wide Public Utility Easement lying within Lot 1, Block 2 of the CSISD Willow Branch and Oakwood School Sites, according to the plat recorded in Volume 3588, Page 153, of the Deed Records of Brazos County, Texas. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2018-3970 amendment to Appendix A, "Unified Development Ordinance", Section 9.2 "Nonconforming Uses", Section 9.3 "Nonconforming Structures", and Section 7.10.C.4 "Building Materials" of the Code of Ordinances of the City of College Station,Texas relating to non-conforming uses and structures. Justin Golbabai, Planning and Development, stated that a non-conforming use or structure (building, parking areas, etc.) is one developed under a previous set of regulations but now no longer complies with the City's current Unified Development Ordinance. Traditionally, nonconformities have been allowed to remain but little substantial modifications can be made without full code compliance. While this approach enables a faster implementation of adopted plans and policies, allowing for a wider range of modifications to nonconforming properties can better encourage incremental infill and redevelopment, especially on challenging sites. Staff received feedback from stakeholders in the development community, neighborhood associations, and the general public on this item through two public meetings held in a "come and go" format on August 30th. Planning and Zoning Commission heard the results of this meeting and endorsed staff's recommendations on September 21st and November 16th. This proposed ordinance amendment would enact the following changes: • Increase the amount an existing building or structure devoted to a non-conforming land use can be enlarged by right to 50%without needing to go to the Zoning Board of Adjustments for areas not designated as Neighborhood Conservation on the City's Future Land Use and Character Map. • Provide an administrative approval process that allows flexibility for existing non- conforming, non-residential structures where there are physical limitations that do not allow compliance with all UDO standards. In these situations, the Administrator would be allowed to make exceptions to parking and landscaping standards as well as reduce buffer width and planting requirements. The Administrator would not be able to reduce the number of parking spaces or landscaping points more than 50%. RM011118 Minutes Page 4 • Increase the total area of materials that can be changed or replaced on a non-residential buildings or multi-family building façade without requiring full compliance from 10% to 50%. The Planning&Zoning Commission considered this item at their November 16,2017 meeting and voted 6-0 to recommend approval. At approximately 6:54 p.m., Mayor Mooney opened the Public Hearing. There being no further comments, the Public Hearing was closed at 6:54 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Benham,the City Council voted seven(7)for and none(0)opposed,to adopt Ordinance No. 2018- 3970 amendment to Appendix A, "Unified Development Ordinance", Section 9.2 "Nonconforming Uses", Section 9.3 "Nonconforming Structures",and Section 7.10.C.4"Building Materials" of the Code of Ordinances of the City of College Station, Texas relating to non- conforming uses and structures. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2018-3971 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 R Rural to GC General Commercial and NAP Natural Areas Protected on approximately 2.26 acres of land located at 4075 State Highway 6 South. Rachel Lazo, Planning and Development, stated that the applicant is requesting a rezoning of approximately 2.26 acres from R Rural to 0.53 acres of GC General Commercial and 1.73 acres of NAP Natural Areas Protected in order improve the existing commercial development on the portion of the property that is proposed to be zoned GC General Commercial. The Natural Areas Protected area would provide a designated buffer area along the creek. The subject tract has frontage to the SH-6 Frontage Road. Cross access from the adjacent shopping center will need to be maintained with future site development. A TIA was not required with the rezoning application based on acreage of the proposed zoning. A portion of the subject tract is in the 100-year floodplain. The tract is also in Lick Creek's Drainage basin and will need to provide detention for any proposed increased in impervious cover with future site development. The Planning and Zoning Commission heard this item at their December 7th meeting and voted 5- 0 to recommend approval. Staff recommended approval. The applicant spoke. At approximately 6:59 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:59 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik,the City Council voted seven(7)for and none(0)opposed,to adopt Ordinance No.2018- 3971 amending Appendix A, "Unified Development Ordinance," Article 4, "Zoning Districts," RM011118 Minutes Page 5 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 R Rural to GC General Commercial and NAP Natural Areas Protected on approximately 2.26 acres of land located at 4075 State Highway 6 South. The motion carried unanimously. 5. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2018-3972 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 R-4 Multi-Family to GC General Commercial for approximately 5 acres located at 3635 Kenyon Dr. generally located between Paloma Ridge Drive and Kenyon Drive along Holleman Drive South. Alaina Helton, Planning and Development, stated that this request is a rezoning for approximately 5.14 acres of land from R-4 Multi-family to GC General Commercial. The property is currently designated as Urban and in Growth Area V on the Comprehensive Land Use and Character Map. This designation calls for intense land use activities that include commercial uses. The property is currently zoned R-4 Multi-family, a zoning district for low to medium density condominium units and apartment complexes. The proposed zoning of General Commercial would better suit the current designation in the Comprehensive Plan for more intense uses. There is a drainage swale that cuts through the property from the existing residential subdivision to the northwest. Storm water detention is required with site development and will be accommodated with the existing Common Area 4 detention pond to the southwest. Drainage and any other infrastructure required with the site development shall be designed and constructed in accordance with the BCS Unified Design Guidelines. The Thoroughfare Plan identifies Holleman Drive South as a future 4-lane Minor Arterial and there is a current CIP project underway to reconstruct this portion. The Planning and Zoning Commission heard this item at their December 7th meeting and voted 5- 0 to recommend approval. Staff recommended approval. At approximately 7:04 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:04 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik,the City Council voted seven(7)for and none(0)opposed,to adopt Ordinance No.2018- 3972 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 R-4 Multi-Family to GC General Commercial for approximately 5 acres located at 3635 Kenyon Dr. generally located between Paloma Ridge Drive and Kenyon Drive along Holleman Drive South. The motion carried unanimously. 6. Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2018-3973 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 0 Office to PDD Planned Development District on approximately 1.47 acres generally located at 4320 Decatur Drive. RM011118 Minutes Page 6 Alaina Helton, Planning and Development, stated that this request is to rezone approximately 1.47 acres located at 4320 Decatur Drive from 0 Office to PDD Planned Development District with a base zoning district of GC General Commercial for the use of a self-storage facility. Staff recommends that the modifications from the building materials section of the Non-Residential Architectural Standards not be approved with this request-for at least the building facades facing the perimeter of the property-and that instead the applicant provide similar building materials to those of the existing self-storage structure to ensure that the proposed buildings are physically and aesthetically compatible to the surrounding residential structures so to better meet the intentions of"neighborhood commercial"allowed in this growth area per the Comprehensive Plan. Similarly, since the applicant is requesting the reduction in the buffer yard adjacent to the single-family property, staff also recommends that the 6-foot masonry wall be continued along the property line abutting the single-family property. The masonry wall will serve to block direct light from vehicles entering and exiting the site and will reduce some effects of noise pollution that can be associated with this type of use on the adjacent single-family houses. Modification Requested:Section 7.7.F "Minimum Buffer Standards" • The 15-foot landscape buffer required between commercial and single-family structures may be reduced to a 10-foot landscape buffer. • The 2 sides of the development adjacent to the multi-family zoning, a 10' wide buffer with a proposed 6' high wooden fence and no buffer plantings are proposed. • Utilize existing 8-foot wooden fence located adjacent to the single-family properties in lieu of masonry wall. The Planning and Zoning Commission heard this item at their December 7th meeting and voted 5- 0 to recommended approval without conditions. At approximately 7:17 p.m., Mayor Mooney opened the Public Hearing. The applicant spoke. There being no comments, the Public Hearing was closed at 7:22 p.m. MOTION: Upon a motion made by Councilmember Benham and a second by Councilmember Rektorik,the City Council voted seven(7)for and none(0)opposed,to adopt Ordinance No. 2018- 3973 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 0 Office to PDD Planned Development District on approximately 1.47 acres generally located at 4320 Decatur Drive without modifications. The motion carried unanimously. 7. Public Hearing, presentation, possible action, and discussion on the annual review of the Comprehensive Plan and the annual review of the Unified Development Ordinance (UDO). Jenifer Paz, Planning & Development, presented update on the Unified Development Ordinance and Comprehensive Plan annual review. The review is organized by project type and assesses significant actions and accomplishments during the past year that further implementation of the Plan and a part of an on-going effort to keep the documents current and relevant. The Unified RM011118 Minutes Page 7 MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember Benham,the City Council voted seven(7)for and none(0)opposed,to approved the annual review of the Comprehensive Plan the Unified Development Ordinance (UDO). The motion carried unanimously. 8. Presentation, possible action, and discussion regarding appointments to the following boards and commissions: The following appointments were made: • Architectural Advisory Committee: Bradford Brimley and Ward Wells • B/CS Library Committee: Larry Ringer(Chair) and Daniel Rudge • Bicycle, Pedestrian, and Greenways Advisory Board: Tina Evans, MiChal Hall, Dennis Jansen, Thomas Pool, David Scott and Linda Harvell as Chair • Design Review Board: Jesse Durden • Parks and Recreation Board: Michael Bota, Joel Cantrell, Paul Dyson, Megan Fuentes, and Madeline Giroir • Planning and Zoning Commission: Dennis Christiansen, Jane Chair (Chair), Casey Oldham, and Elianor Vessali • Zoning Board of Adjustment: Randal Allison (Alternate), Sherri Echols, Justin Lopez, Howard Mayne (Alternate), and Keith Roberts (Chair) 9. Presentation, possible action, and discussion regarding an appointment to the Arts Council. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to re-appoint Patricia Burchfield to the Arts Council Board. 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. No future item to be discussed. 11. Adjournment. There being no further business, Mayor Mooney adjourned the ' gular Mee 'ng of the City Council at 7:55 p.m. on Thursday, January 11, 2017. I,igs/ 1Argense ar M..ney, ayor ATT T: fa / £/ .ny: S i h, Cit Secretary RM011118 Minutes Page 8 AFFIDAVIT OF CONFLICT OF INTEREST THE STATE OF TEXAS § § COUNTY OF BRAZOS § I, . ''r�-'7.-c"-cr Lu.be.= , as a member of the City of College Station c L r �0' =-vk<=, make this affidavit and hereby, on oath, state the following: I, and/or a person or persions 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: 1 I ,Y1r-i 2-b i.S Agenda Item Number: -2:3 -e..,,s'-1 The business entity is: 5,5oc -6>34-ecc- C' (have/has) a substantial interest in this business entity for the following reasons: (Check all that are applicable.) Er—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; L- Funds received by me from the business entity exceed 10% of my gross income for the previous year; El 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 t( day of -StV.>1.1 , 20 IS . Signature of Official G13ys-1c. c, 1- ,--.2121(-- Title BEFORE ME, the undersigned authority, on this day personally appeared l ,ctA4 MoiseI, , 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 I day of -anc,kac1 , 2018 e ;kC3V44tc-7' 1 4a1.0 . yH NTNotary Public, State of Texas 1294552.2 I i , =`� Notary Public,State of Texas My Commission ExpiresI I 'I " �a June 20,2021 1 N I�99 h 2^R� r *i'