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HomeMy WebLinkAbout11/24/2014 - Regular Minutes City Council MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION NOVEMBER 24, 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 7:25 p.m. on Monday, November 24, 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. Presentation regarding the sponsorship, involvement and support of the Texas Army National Guard to the 2014 Games of Texas hosted by Bryan/College Station/ Texas A&M University. David Schmitz, Director of Parks and Recognition, presented representatives of the Texas Army National Guard with tokens of appreciation for their volunteer assistance,monetary donations,and give-aways—all of which totaled about$45,000. The Texas Army National Guard presented Mr. Schmitz with a Certificate of Appreciation for their partnership. RM112414 Minutes Page 1 Recognition and awarding Fire Marshal Eric Dotson with a Diploma from the United States Fire Administration and Federal Emcr enc Mana_ement A.encu for com letion of the EFOP and conferring the title of Executive Fire Officer. Fire Chief Eric Hurt presented Fire Marshal Eric Dotson with a Diploma from the United States Fire Administration and Federal Emergency Management Agency for completion of the EFOP and conferring the title of Executive Fire Officer. Citizen Comments Denise Snyder, 8404 Turtle Rock Loop,said she was a graduate of the Police Academy. One thing she learned was crime prevention. Requiring speakers to give their name and address in order to testify places citizens at risk. She spoke with the City Attorney, and there is no state law that mandates this. The written form has this information, and so it should not be required when a person comes up to speak. She asked Council to re-consider this requirement. She also wants to visit with Council representatives on values. Ben Roper, 5449 Prairie Dawn Court, came before Council to honor the service and sacrifice of Specialist Jose A. Perez, III. Linda Harvell, 504 Guernsey, expressed her appreciation to Councilmembers Aldrich and Brick regarding their efforts on the neighborhood integrity initiative. It is her understanding that no committee can rule;they can only recommend to the Council. She asked Mr. Simms for a listing of recommendations given to the Council. Gene Hawkins, 1805 Lawyer, spoke in favor of the Neighborhood Integrity Advisory Committee. It is vital to the City. There has been growth in population. The City has moved from a proactive course to a reactive course. Roads are at capacity and impacts the neighborhoods. It needs to have a balanced representation. There are a number of solutions that have not come before Council. It will not take that much City support. Lisa Halpern, 1811 Shadowwood Drive, said she appreciates the efforts made to hear citizens, but asked why Council moves so quickly with business, but asks the neighborhoods to wait. Aggie Shacks are new. A lot of the economic forces are new. It's not restricted to students; it's not restricted to renters. In the end, it is what you do to protect others. CONSENT AGENDA 2a. Presentation, possible action,and discussion of minutes for: • November 13,2014 Workshop • November 13,2014 Regular Council Meeting • November 18,2014 Special Meeting 2b. Presentation, possible action, and discussion regarding adoption of the 2015 Annual Council Calendar. RM112414 Minutes Page 2 2c. Presentation, possible action, and discussion regarding the approval of real estate contract no. 15-054 in the amount of$1,550,000 for the sale of 63.187 acres of land located along Rock Prairie Road,next to Lick Creek Park. 2d. Presentation, possible action, and discussion regarding construction contract no. 15-011 with Dudley Construction, Ltd.. in the amount of $4,355,118 for the Sandy Point Puma Station Improvements. 2e. Presentation, possible action, and discussion regarding the award of Bid 15-001 and approval of a contract between the City of College Station and WEG Electric Corp, in the amount of$599,900 for the purchase and installation of a substation transformer to serve added load. 2f. Presentation, possible action, and discussion regarding an interlocal agreement between the City of College Station and Texas A&M University to equally share in the cost of deployment and rental and/or purchase of traffic control devices which will be used to implement the Game Day Traffic Control Plan. The total cost to rent the equipment for games 1 -6 is $89,883.50 and the anticipated purchase price of the devices is approximately $240,000. 2g. Presentation, possible action, and discussion regarding approval of a professional services contract between the City of College Station and Freese and Nichols, Inc. in the amount of$76,505 (Contract No. 15-007) for the Wolf Pen Creek Erosion Control Phase II Project. 2h. Presentation, possible action, and discussion regarding the renewal of four Master Agreements for Real Estate Appraisal Services: S.T. Lovett & Associates (Contract No. 13- 040); Integra Realty Resources - Houston (Contract No. 13-041); Atrium Real Estate Cervices (Contrac+ 1Z 042); Resncurcces (contract No. 13-0431 �..�.......,. No. �_,.��„ Integra Realty - Austin ,......tra..� _ ,. Each Master Agreement will not exceed $35,000. Approval of the renewal of these agreements will authorize the City Manager or his delegate to approve Service Orders for each project within the terms of each Master Agreement. 2i. Presentation, possible action, and discussion regarding the purchase of Excess Workers' Compensation and Casualty Insurance from the Colony Insurance Company for a total premium of$99,664.50. 2j. Presentation, possible action, and discussion regarding award of contract no. 15-036 to Brazos Pavin Inc. in an amount not to exceed $864 000.00 for concrete curb -utter and flatwork installation to maintain City infrastructure. 2k. Presentation, possible action, and discussion regarding the second renewal of the semi- annual price agreement with Knife River for the purchase of Type D Hot Mix Asphalt to be picked up by City Crews for the maintenance of streets in the amount not to exceed$960,000 ($64.00 per ton). 21.Presentation,possible action,and discussion on Ordinance 2014-3611,amending Chapter 10, "Traffic Code", Section 2 "Traffic Control Devices", C "Four-Way Stop Intersections", RM112414 Minutes Page 3 Traffic Schedule II - "Four-Way Stop Intersections", of the Code of Ordinances of the City of College Station, Texas, by implementing an all-way stop control intersection at the intersection of Holleman Drive West and Jones-Butler Road. 2m.Presentation,possible action,and discussion regarding the approval for purchase of new grounds maintenance equipment for the Parks and Recreation Department in the amount of $71,245.71. 2n. Presentation, possible action, and discussion regarding construction contract no. 15-002 with Allstate Signal and Construction, LLC, in the amount of$262,384.86 for traffic signal rehabilitation and sidewalk improvements at the intersection of Southwood and FM 2818, Project No. ST-1414. 2o. Presentation, possible action, and discussion on a construction contract with Dudley Construction,in the amount of$99,403.83 for playground replacement at the Bee Creek and Thomas Parks,Project Number PK14-03 and PK 14-04. 2p. Presentation, possible action, and possible action to approve renewal of the General Services Agreement for Services with Emergicon to provide ambulance billing, accounts receivable and delinquent collection services in an amount not to exceed $120 000. delinquent account N 1 This is the second renewal of four possible renewals. 2q. Presentation, possible action, and discussion regarding a contract for Anadarko E&P Onshore LLC to purchase pond water from the 2r. Presentation,possible action,and discussion of Ordinance 2014-3612,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",to remove parking along the access road for Texas Avenue south of Walton Drive. Denise Snyder, 8404 Turtle Rock Loop, provided written comments on 2c and 2q, attached. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Mooney, 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- 3613, 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 PDD Planned Development District to PDD Planned Development District to amend the concept plan layout and uses for approximately 1.498 acres for the property being all that certain tract or parcel of land situated in the Robert Stevenson survey,Abstract No.54,City of College Station,Brazos County,Texas,same being all that called 1.498 acre tract conveyed to Discount Fuels,LLC., by Mark Carrol Lenz and Mary Jane Lenz,by deeds recorded in Volume 9853, Page 11 and Volume 9853, Page 17 of RM112414 Minutes Page 4 the Official Public Records of Brazos County, Texas, located at 13601 FM 2154 (Wellborn Road),and more generally located south of the intersection of State Highway 40(William D. Fitch Parkway) and F.M. 2154 (Wellborn Road). Jennifer Prochazka, Planning and Development, reported that the proposed PDD amendment revises the Concept Plan to reconfigure the primary building and fueling canopy locations and to remove a secondary structure. The Planning and Zoning Commission considered this item at their November 6, 2014 meeting and unanimously recommended approval of the amendment. At approximately 8:11 p.m., Mayor Berry opened the Public Hearing. Jenifer Paz, 2656 S. Loop W. Houston, Texas, and Michael Chote, 4526 Arrow, Corpus Christi, representatives of Stripes, said they made significant concessions working with Planning and Zoning staff. There being no further comments, the Public Hearing was closed at 8:17 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 2014- 3613, 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 PDD Planned Development District to PDD Planned Development District to amend the concept plan layout and uses for approximately 1.498 acres for the property being all that certain tract or parcel of land situated in the Robert Stevenson survey, Abstract No. 54, City of College Station, Brazos County, Texas, same being all that called 1.498 acre tract conveyed to Discount Fuels, LLC., by Mark Carrol Lenz and Mary Jane Lenz, by deeds recorded in Volume 9853, Page 11 and Volume 9853, Page 17 of the Official Public Records of Brazos County, Texas, located at 13601 FM 2154 (Wellborn Road), and more generally located south of the intersection of State Highway 40(William D.Fitch Parkway)and F.M.2154(Wellborn Road). The motion carried unanimously. 2. Public Hearing, presentation, possible action and discussion regarding Ordinance 2014- 3614amending Cha 12, "unified Development ordinance," 4.2, "official chapter w .,, Section Zoning Map," of the Code of Ordinances of the City of College Station,Texas, by changing the zoning district boundaries from R&D Research & Development to T Townhouse for a 2.2920 acre tract for the property being Morgan Rector League,Abstract No. 46,in the City of College Station, Brazos County, Texas and being all of the called 2.2920 acre tract described in the deed from Chuck Ellison,Trustee for the Dartmouth Joint Venture to Stacy Diane Tremont Trust#1 recorded in Volume 2545,Page 67 of the Official Records of Brazos County,Texas,generally located at 2440 Harvey Mitchell Parkway South. Gerardo Cuaron, Planning and Development, reported that this request is to rezone the property from Research and Development to Townhouse. The Planning and Zoning Commission considered this item at their November 6, 2014 meeting and voted 5-0 to recommend approval of the rezoning. Staff also recommends approval. RM112414 Minutes Page 5 At approximately 8:24 p.m., Mayor Berry opened the Public Hearing. James Batenhorst, Mitchell and Morgan Engineers, 3204 Earl Rudder Freeway, spoke about the townhomes as a possible use. There being no further comments, the Public Hearing was closed at 8:25 p.m. MOTION: Upon a motion by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014-3614, 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 changing the zoning district boundaries from R&D Research & Development to T Townhouse for a 2.2920 acre tract for the property being Morgan Rector League, Abstract No. 46, in the City of College Station, Brazos County, Texas and being all of the called 2.2920 acre tract described in the deed from Chuck Ellison, Trustee for the Dartmouth Joint Venture to Stacy Diane Tremont Trust #1 recorded in Volume 2545,Page 67 of the Official Records of Brazos County,Texas, generally located at 2440 Harvey Mitchell Parkway South. The motion to amend carried unanimously. 3. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 3615, 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 PDD Planned Development District for approximately 1 acre for the property being Morgan Rector League,A-46,in the City of College Station,Brazos County,Texas as recorded in Volume 11874,Page 38, of the Brazos County Official Records,generally located at 218 Sterling Street. Jason Schubert, Planning and Development, reported that this request is to rezone approximately one acre from GS General Suburban to PDD Planned Development for a multi-family development located at 218 Sterling Street. The Planning and Zoning Commission consider this item at their November 6, 2014 meeting and unanimously recommended approval. Staff also recommends approval. At approximately 8:36 p.m., Mayor Berry opened the Public Hearing. There being no comments,the Public Hearing was closed at 8:36 p.m. MOTION: Upon a motion made by Councilmember Mooney and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014- 3615, 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 PDD Planned Development District for approximately 1 acre for the property being Morgan Rector League, A-46, in the City of College Station, Brazos County, Texas as recorded in Volume 11874, Page 38, of the Brazos County Official Records, generally located at 218 Sterling Street. The motion carried unanimously. RM112414 Minutes Page 6 4. Public Hearing, presentation, possible action and discussion regarding Ordinance 2014- 3616, amending chapter 17., "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 SC Suburban Commercial for 2.236 acres being a portion of 1, Block 1, Jackson Estates,Phase One, according to the plat recorded in volume 9762. page 159 of the official public records of Brazos County, Texas and being the same tract of land as described by a deed to the JH Driving Range,LLC recorded in volume 9816, page 120 of the Official Public Records of Brazos County, Texas, generally located at the southwest corner of Rock Prairie Road West and Holleman Drive South. Jessica Bullock, Planning and Development, reported that this request is to rezone the property from Rural to suburban Commercial. The Planning and Zoning Commission considered this item at their November 6, 2014 meeting and voted 5-0 to recommend approval of the rezoning. Staff also recommends approval. At approximately 8:40 p.m., Mayor Berry opened the Public Hearing. Rabon Metcalf, 1391 Seamist Lane, said the use will be a convenience store. There being no further comments, the Public Hearing was closed at 8:41 p.m. MOTION: Upon a motion made by Councilmember Aldrich and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2014- 3616, 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 SC Suburban Commercial for 2.236 acres being a portion of 1, Block 1, Jackson Estates, Phase One, according to the plat recorded in volume 9762, page 159 of the official public records of Brazos County,Texas and being the same tract of land as described by a deed to the JH Driving Range, LLC recorded in volume 9816,page 120 of the Official Public Records of Brazos County, Texas, generally located at the southwest corner of Rock Prairie Road West and Holleman Drive South. The motion carried unanimously. 5. Public Hearing,presentation, possible action,and discussion on Ordinance 2014-3617,for a Conditional Use Permit for a Night Club/Bar/Tavern,more specifically the Annex Hookah Lounge, consisting of approximately 2,426 square feet of the Park Place Shopping Plaza being Park Place,Block 1,Lot 1,generally located at 2501 Texas Avenue South,Suite C-107, more generally located at the southeast corner of Texas Avenue South and Southwest Parkway. Jessica Bullock, Planning and Development, reported that this request is for a conditional use permit - use only for a hookah lounge in a 2,426 tenant lease space of the Park Place Shopping Center. The Planning and Zoning Commission considered this item at their November 6, 2014 meeting and voted 5-0 to recommend approval of the rezoning. Staff also recommends approval. At approximately 8:43 p.m., Mayor Berry opened the Public Hearing. RM112414 Minutes Page 7 Byron Thompson, 3207 Wildrye, and Alex Neuendorf, 21 Gramercy Park, said this will be a hookah lounge and no alcohol sales. There being no further comments,the Public Hearing was closed at 8:44 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Aldrich, the City Council voted seven (7) for and none (0) opposed, to approve Ordinance 2014- • 3617, for a Conditional Use Permit for a Night Club/Bar/Tavern, more specifically the Annex Hookah Lounge, consisting of approximately 2,426 square feet of the Park Place Shopping Plaza being Park Place, Block 1, Lot 1, generally located at 2501 Texas Avenue South, Suite C-107, more generally located at the southeast corner of Texas Avenue South and Southwest Parkway. The motion carried unanimously. 6. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2014- 1A18, 014-111S2 for a conditional Use Permit fnr a wireless telecnmmnniratinns facility on approximately 0.127 acres being the location of a 1,600 square foot wireless tower lease tract being out of a tract of land containing 2.58 acres, more or less, in the Robertson Stevenson, Abstract 54. College Station. Brazos County, Texas. being all of Graham Road Industrial Park,Phase 1,according to the map or plat recorded in volume 9724, page 232 B.C.M.R.,as conveyed to Faith Investments, by Warranty Deed with Vendor's lien dated May 20, 2010 and recorded in volume 9635,page 112 of the Brazos County Deed Records,generally located at 727 Graham Rd A, more generally located near the northeast corner of Graham Road and Victoria Avenue. Jessica Bullock, Planning and Development, reported that this request is for a conditional use permit-use and site to build a 150-foot tall wireless telecommunications tower. The Planning and Zoning Commission considered this item at their November 6, 2014 meeting and voted 5-0 to recommend approval of the rezoning. Staff also recommends approval. Gib Johnson, 112 E. Pecan, San Antonio, attorney for Skyway Towers,provided a presentation on seamless wireless connectivity and how communities need it. At approximately 8:55 p.m., Mayor Berry opened the Public Hearing. Mary Aasterud,207 Meir Lane, said the area is residential and small business. She is against this; there are other location options. There being no further comments,the Public Hearing was closed at 8:57 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Aldrich, the City Council voted seven (7) for and none (0) opposed, to approve Ordinance 2014- 3618, for a Conditional Use Permit for a wireless telecommunications facility on approximately 0.127 acres being the location of a 1,600 square foot wireless tower lease tract being out of a tract of land containing 2.58 acres, more or less, in the Robertson Stevenson, Abstract 54, College Station, Brazos County, Texas, being all of Graham Road Industrial Park, Phase 1, according to the map or plat recorded in volume 9724, page 232 B.C.M.R., as conveyed to Faith Investments, RM112414 Minutes Page 8 by Warranty Deed with Vendor's lien dated May 20, 2010 and recorded in volume 9635,page 112 of the Brazos County Deed Records, generally located at 727 Graham Rd A, more generally located near the northeast corner of Graham Road and Victoria Avenue. The motion carried unanimously. 7. Public Hearing, presentation, possible action and discussion regarding Ordinance 2014- 3619, 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 changing the zoning district boundaries from C-3 Light Commercial,T Townhouse,and R Rural to T Townhouse and NAP Natural Areas Protected for a 7.236 acre tract for the being in the Crawford Burnett League, Abstract No. 7,College Station, Brazos County,Texas said tract being a portion of a called 7.236 acre tract as described by a deed to Unisource Real Estate Investments,LLC recorded in Volume 7960,Page 67 of the Official Public Records of Brazos County,Texas, generally located at 2021 Harvey Mitchell Parkway South. Gerardo Cuaron, Planning and Development, reported that this request is to rezone the property from Light Commercial, Townhouse, and Rural to Townhouse and Natural Areas Protected. The Planning and Zoning Commission considered this item at their November 6, 2014 meeting and voted 5-0 to recommend approval of the rezoning. Staff also recommends approval. At approximately 9:01 p.m., Mayor Berry opened the Public Hearing. Curtis Braswell, 1300 Augustine Court, said he will be the backdoor neighbor,and he is concerned with traffic congestion. Money was spent on the Bee Creek channeling. This area is a seven-acre sponge and will soon become rooftops. How will run off be addressed?He is also concerned with security. Veronica Morgan, Mitchell and Morgan Engineers, 3204 Earl Rudder Freeway, said there will be two access points to the project. TXDOT has asked them to not extend the frontage road to the Rio Grande signal. There will be a right in-right out at Harvey Mitchell. There being no further comments, the Public Hearing was closed at 9:11p.m. MOTION: Upon a motion made by Councilmember Schultz 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 abstaining, to adopt Ordinance 2014-3619, 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 changing the zoning district boundaries from C-3 Light Commercial, T Townhouse, and R Rural to T Townhouse and NAP Natural Areas Protected for a 7.236 acre tract for the being in the Crawford Burnett League, Abstract No. 7, College Station, Brazos County, Texas said tract being a portion of a called 7.236 acre tract as described by a deed to Unisource Real Estate Investments, LLC recorded in Volume 7960, Page 67 of the Official Public Records of Brazos County, Texas, generally located at 2021 Harvey Mitchell Parkway South. The motion carried. RM112414 Minutes Page 9 8. Presentation, possible action, and discussion regarding an update to amend to Chapter 4, "Business Regulations," Section 13, "Oil and Gas Regulations," of the Code of Ordinances of the City of College Station,Texas. Alan Gibbs, City Engineer, stated that based on increased oil and gas activity and interest over the last several months, the City has contracted with Ernie Bruchez of Bruchez, Goss, Thornton, Meronoff&Hawthorne,P.C.to review and make recommendations regarding an update to amend Chapter 4, "Business Regulations," Section 13, "Oil and Gas Regulations," of the Code of Ordinances of the City of College Station,Texas. Staff anticipates returning on December 18 with an ordinance for Council's consideration and proposes to prohibit disposal wells, sites in the 100- year flood plain and flood-prone areas, and sump pits. Denise Snyder, 8404 Turtle Rock Loop, provided written comments, attached. Marty Allday, 2211 Norfolk, Suite 410, Houston, Texas, provided written comments, attached. 9. Adjournment. MOTION: There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 10:25 p.m. on Monday,November 24, 2014. IV Nancy Berry, 4 ayor ATTEST: ,71tCakttA.A.--- Sherry M, tburn, City Secretary RM112414 Minutes Page 10 a • (*. - * • •