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Home My WebLink About01/23/2014 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION JANUARY 23, 2014 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: Kelly Templin, City Manager 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 7:08 p.m. on Thursday, January 23, 2014 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. Boy Scout Troop 967 led the assembly in the Pledge of Allegiance. Citizen Comments Royce Hickman, 809 Royal Adelade, thanked the Council for their support of the Economic Outlook Conference. CONSENT AGENDA 2a. Presentation, possible action, and discussion of minutes for: khr • January 9, 2014 Workshop RM012314 Minutes Page 1 • January 9, 2014 Regular Council Meeting 2b. Presentation, possible action, and discussion of an amendment to the Purchase & Sale Agreement between the City of College Station and the Research Valley Partnership. 2c. Presentation, possible action and discussion regarding the sale of the conference center located at 1300 George Bush Drive. 2d. Presentation, possible action, and discussion regarding the purchase of equipment for electronic capture of citation data (eCitations) from Brazos Technology for the total amount of $106,120. 2e. Presentation, possible action and discussion regarding the renewal of the annual pricing agreement for the rental of heavy machinery with Mustang Rental Services of Bryan, TX in the amount of $75,000 annually. 2f. Presentation, possible action and discussion on approving the Hotel Tax Fund funding agreement between the City of College Station and the Bryan /College Station Chamber of Commerce for FY14 totaling $25,000, and approving the budget for the Bryan /College Station Chamber of Commerce related to the Hotel Tax funding. 2g. Presentation, possible action, and discussion on Resolution 01- 23- 14 -2g, approving a Texas Department of Transportation (TxDOT) Advance Funding Agreement (AFA) for CapRock Crossing and on a TxDOT AFA for CapRock Crossing. L v 2h. Presentation, possible action, and discussion regarding the purchase of equipment, software and services from Unique Digital for the Electronic Storage Upgrade Project, CO 1401, in the amount not to exceed $234,690. No items were pulled for a separate vote. 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 approve the Consent Agenda. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3549, am ending the Comprehensive Plan — Future Land Use & Character Map from Suburban Commercial, Urban, and Natural Areas Reserved to Urban and Natural Areas Reserved for the property located at 2021 Harvey Mitchell Parkway South, generally located at the intersection of Rio Grande Boulevard and Harvey Mitchell Parkway South. Morgan Hester, Planning and Development Services, explained the proposed amendment tot eh Comprehensive Plan. The definitions for "Suburban Commercial ", "Urban", and "Natural Areas Preserved" were provided. Comprehensive Plan goals were discussed and several options for action were presented: RM012314 Minutes Page 2 • Accept the applicant's proposal of amending the Comprehensive Plan to Urban and Natural Areas Reserved designations; L • Denial of request — The property will remain Suburban Commercial, Urban, and Natural Areas Reserved as currently designated on the Comprehensive Plan; or • Propose an alternative land use and character designation for this property. The Planning and Zoning Commission voted 2 -2 on a motion to recommend approval of the Comprehensive Plan Amendment request with the condition that the Natural Areas Reserved area does not change. At approximately 7:18 p.m., Mayor Pro Tem Mooney opened the Public Hearing. Ivan Blasor, 2007 Langford, spoke on the environmental impact on the natural areas. It is heavily wooded and provides a good buffer for the traffic. Veronica Morgan, 511 University Drive East, Suite 204, spoke on behalf of the applicant. The reason for the change in the back of the property is that since it was originally designated, there have been modifications to the channel and a new flood plain study. Ahmed Kamal Rahman, 2905 Oakbrook Court, stated the property was purchased seven years ago with the intention to develop as R4. They met with strong opposition from the residents. Now, years later, they have decided to build R3 as already zoned. It appears the concern is that everyone wants a green patch behind their house, but they do not want to buy it. An acre of land along 2818 is $200,000. He said he will definitely keep those buffers. They are building townhomes for $200,00 each, and they want a buffer. There being no further comments, the Public Hearing was closed at 7:38 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Benham, the City Council voted five (5) for and one (1) opposed, with Councilmember Brick voting against, and Councilmember Nichols recusing himself, to adopt Ordinance 2014 -3549, amending the Comprehensive Plan — Future Land Use & Character Map from Suburban Commercial, Urban, and Natural Areas Reserved to Urban and Natural Areas Reserved for the property located at 2021 Harvey Mitchell Parkway South, generally located at the intersection of Rio Grande Boulevard and Harvey Mitchell Parkway South. The motion carried. 2. Public Hearing, presentation, possible action, and discussion on Resolution 01- 23- 14 -02, establishing the City Council's determination that the use of parkland is allowable and that no other feasible or prudent alternative for Right -of -Way for the extension of WS Phillips Parkway within Phillips Park exists, and that all reasonable planning measures have been taken to minimize the harm to such parkland. Alan Gibbs, City Engineer, provided a brief update on the Phillips Park encroachment, and reported that Staff has determined that the proposed alignment through the parkland is the most appropriate location for the planned extension of WS Phillips Parkway. The Parks Board and Staff recommend approval. RM012314 Minutes Page 3 At approximately 7:49 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:49 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 Resolution 01 -23- 14-02, establishing the City Council's determination that the use of parkland is allowable and that no other feasible or prudent alternative for Right -of -Way for the extension of WS Phillips Parkway within Phillips Park exists, and that all reasonable planning measures have been taken to minimize the harm to such parkland. The motion carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3550, amending Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by rezoning approximately 294 acres of R -1B Single- Family Residential and R Rural to RS Restricted Suburban in the area of the Great Oaks Subdivision, generally bounded by the existing Great Oaks Subdivision to the west, Rock Prairie Road West to the south, Quail Run Subdivision to the north, and Holleman Drive South to the east. Morgan Hester, Planning and Development Services, presented several renderings of the proposed area to be rezoned as Restricted Suburban. This is the first request for this zoning since it was created. Options for the Council to consider include: • Option 1 — Non - clustered Development — Average minimum lot size — 10,000 square feet L — Absolute minimum lot size — 6,500 square feet • Option 2 — Clustered Development — Average minimum lot size — 8,000 square feet — Absolute minimum lot size — 6,500 square feet — Open Space — 10% of gross area of development The Planning and Zoning Commission recommended approval of the request with a 4 -0 vote. At approximately 7:53 p.m., Mayor Berry opened the Public Hearing. Veronica Morgan, 511 University Drive East, Suite 204, spoke on behalf of the applicant. They are in compliance with the land use plan as written. There being no further comments, the Public Hearing was closed at 8:02 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Benham, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014- 3550 amending Chapter 12, "Unified Development Ordinance," Section 4.2, "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas, by rezoning approximately 294 acres of R -1B Single - Family Residential and R Rural to RS Restricted Suburban in the area of the Great Oaks Subdivision, generally bounded by the existing Great Oaks Subdivision to the west, Rock Prairie Road West to the south, Quail Run Subdivision to the north, and Holleman Drive South to the east. The motion carried unanimously. RM012314 Minutes Page 4 4. Presentation, possible action and discussion regarding appointments to the following boards and commissions: Air • B /CS Library Committee • Bicycle, Pedestrian, and Greenways Advisory Board • Construction Board of Adjustments • Convention and Visitors Bureau • Design Review Board • Historic Preservation Committee • Joint Relief Funding Review Committee • Landmark Commission • Parks and Recreation Board • Planning and Zoning Commission • Zoning Board of Adjustments Mayor Berry stated that consideration of the Historic Preservation Committee and Landmark would be considered at a later date. The Council made the following appointments: • B /CS Library Committee: Gary Ives; Larry Ringer • Bicycle, Pedestrian, and Greenways Advisory Board: Robert Lightfoot (A); Cindy Arnold (B); Scott Shafer (C); James Batenhorst (E) • Construction Board of Adjustments: Gerald Brown; Johnny Burns; Carol Fountain; Janet Kountakis (alternate); Christopher Novosad (alternate) • Convention and Visitors Bureau: Peggy Calliham; Scott Shafer • Design Review Board: Steven Schloss (A); William Mather (B); Elizabeth Natsios (E); Marsha Sanford (F); Mary Edwards (alternate) • Joint Relief Funding Review Committee: Natalie Pine • Parks and Recreation Board: Marc Chaloupka, Gary Erwin, Douglas Kingman (to fill Ohendalski's unexpired term), Shawn Reynolds, David Sahm, and Kirsten Walker. Debe Shafer was appointed Chair. • Planning and Zoning Commission: Brad Corrier (to fill Vergal Gay's unexpired term), Jane Kee, Casey Oldham, Jerome Rektorik, and Jim Ross. Bo Miles was appointed Chair. • Zoning Board of Adjustments: Johnny Burns, Rick Floyd, and David Ohendalski as Regular members; Patrick Fogarty, Carol Fountain, and John ONeill as alternates. Hunter Goodwin will remain as Chair. City Secretary Sherry Mashburn announced that a reception honoring outgoing committee members is scheduled for January 30 in the Council Chambers at 6:00 p.m. Immediately afterward, a mandatory orientation and Open Meetings training for new appointees will be held. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to ratify the appointments. The motion carried unanimously. 5. Adjournment. RM012314 Minutes Page 5 MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 8:41p.m. on Thursday, January 23, 2014. L Nancy Be ? ayor ATTEST: Ati 4f1 A,Ak. Sherry MA burn, City Secretary L L RM012314 Minutes Page 6 AFFIDAVIT OF CONFLICT OF INTEREST STATE OF TEXAS COUNTY OF BRAZOS ! fferf– I, �J 0 1 \! /e/1�'�� as a member of the City of (/ _., 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 busipess entity that would be peculiarly affected by a vote or decision of the City Cpbe2e, 5t as those terms are defined in Chapter 171, Texas Local Government Code. p / p The business entity is: U�'Ft•a -qi( 1�e e(. / ±7� ` Q /3/ 1 4 6 ° i 'AY 'S ineh A 4 4D 4 7410 -es o cc m -1/ 4 ! John {' I � l e_ `? e715 (have/has) a substantial interest in this business entity for the following reasons: (Check all that are applicable.) n 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; H Funds received by me from the business entity exceed 10% of my gross income for the previous year; 1K Real property is involved and (I /we) have an equitable or legal ownership with a fair market value of $2,500 or more; n 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 2 / day of sJG it �� , , 20 A / Z,`- /%&/ Si � ' ature of Official /7W/1» weir Pk z g Title B,FORE ME, the undersigned authority, on this day personally appeared J d K N . g k C tt v L S , 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. fr #LP I ��. — / �' ' (stamp) JULY 26, 2015 otary Public ate of Texas . - (*-