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08/13/2015 - Regular Minutes City Council
MINUTES OF THE REGULAR CITY COUNCIL MEETING CITY OF COLLEGE STATION AUGUST 13, 2015 STATE OF TEXAS § COUNTY OF BRAZOS § Present: Nancy Berry, Mayor Council: Blanche Brick Steve Aldrich Karl Mooney John Nichols Julie Schultz James Benham, via videoconference 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 7:29 p.m. on Thursday, August 13, 2015 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 Ben Roper, 5449 Prairie Dawn Ct., came before Council to honor the service and sacrifice of 407,316 combatants in WWII. Tomorrow marks the 70th anniversary of the end of hostilities. Robert Lightfoot, 1115 Langford Street, referenced an article in the Eagle about dismantling the local pump track built by citizens and with citizen money. This is not part of the jumps that is cause for liability concerns. He requested a discussion with the Parks department to save the pump track. Coaches use that pump track to teach kids how to gain momentum. CONSENT AGENDA RM081315 Minutes Page 1 2a. Presentation, possible action, and discussion of minutes for: • July 23, 2015 Workshop • July 23, 2015 Regular Council Meeting • July 28, 2015 Special Meeting 2b. Presentation, possible action, and discussion on Ordinance 2015-3677, authorizing a General Election to be held on November 3, 2015, for the purpose of electing City Councilmembers, Place 4 and 6, by the qualified voters of the City of College Station, establishing early voting locations, polling places for this election and making provisions for conducting the election. Presentation, posible action v discusion acerca de ordenanza 2015- 3677 que autorice Elecciones Generales a celebrarse el 3 de noviembre de 2015, con el proposito de elegira los Miembros del Consejo de la Ciudad, Puestos numero 4 v 6, por los votantes calificados de la Ciudad de College Station, estableciendo los puestos de votaciones tempranass los centros de votaciones para estas elecciones e indicando las estipulaciones para realizar las elecciones. 2c. Presentation,possible action,and discussion on an interlocal government agreement with Brazos County for the conduct and management of the City of College Station General Election and Bond Election that will be held on Tuesday, November 3, 2015. Presentation, posible action v discusion acerca de un acuerdo de gobierno interlocal con el Condado de Brazos para celebrar v administrar las Elecciones Generales v election de bonos de la Ciudad de College Station a celebrarse el dia martes 3 de noviembre de 2015. 2d. Presentation, possible action, and discussion regarding a contract with Dunham Engineering for professional services to design and inspect the reeoating of the interior of the Park Place Water Tower, at a total cost of$100,000. 2e. Presentation, possible action, and discussion on the consideration of Ordinance 2015- 3678, amending Chapter 10, "Traffic Code", Section 2 "Traffic Control Devices", C "Four- Way Stop Intersections", Traffic Schedule II - "Four-Way Stop intersections", of the Code of Ordinances of the City of College Station, Texas, by implementing all-way stop control intersections at the intersections of WS Phillips Parkway and Barron Cut Off Road, WS Phillips Parkway and Brewster, and WS Phillips Parkway and Victoria Avenue. 2f. Presentation, possible action, and discussion on approving job order construction contracts #15300297 and #15300298 for various facilities corrective maintenance services from Jam ail & Smith Construction, LP in the amount of$201,957.54 and Facilities Sources in the amount of$64,192.93, for a total award amount of$266,150.47. Contract pricing is available from Jamail & Smith Construction, LP through the Texas Multiple Award Schedule (Contract TXMAS-14-56090). Contract pricing is available from The Cooperative Purchasing Network(TCPN Contract#R50831 for Facilities Sources. 2g.Presentation,possible action,and discussion on Ordinance 2015-3679,amending Chapter 10, "Traffic Code", Section 3 "Speed Limits", Subsection F (1) "Temporary Speed Limits Established For Certain Described Streets", Traffic Schedule XIII, "Temporary Speed Limits" by amending the Graham Road speed limit between Longmire Drive and Dove Crossing Lane to 30 mph during the Graham. Road Rehabilitation Project. RM081315 Minutes Page 2 2h. Presentation, possible action, and discussion regarding construction contract 15300300 with Elliott Construction.in the amount of$860,022.50 for the Graham Road Rehabilitation Project. 2i. Presentation, possible action, and discussion on professional services contract no. 15300337 with Mitchell & Morgan, LLP in the amount of $328,538 for the professional engineering services related to the design of the Greens Prairie Trail Rehabilitation Project. 2j. Presentation, possible action, and discussion of Ordinance 2015-3680, amending Chapter 10, "Traffic Code", Section 2 "Traffic Control Devices", K "Intersections Controlled by No Right Turn or No Left Turn Signs", Traffic Schedule VIII - "No Right Turn and No Left Turn" by adding WS Phillips Parkway for Southeast Traffic—No Left-Turns into the Spring Creek Elementary Parent Exit that is 280 feet northeast of the Brewster Driver Intersection and WS Phillips Parkway for Northeast Traffic - No Right-Turns into the Spring Creek Elementary Parent Exit that is 280 feet northeast of the Brewster Driver Intersection. 2k.Presentation,possible action,and discussion of Ordinance 2015-3681, amending Chapter 10 "Traffic Code", Section 2 "Traffic Control Devices" F "School Zones" , Traffic Schedule V- "School Zones" to include school zones along WS Phillips Parkway,Brewster Drive, and Dunlap Loop for Spring Creek Elementary School. 21.Presentation,possible action,and discussion on professional services contract number 15- 125 with Jones & Carter, Inc. in the amount of $7.43,000., for the design, bidding, and construction administration for the Well No. 9 Combined Project and approval of Resolution 08-13-15-21, declaring intention to reimburse certain expenditures with proceeds from debt. 2m. Presentation, possible action, and discussion on approving a contract for the grant of federal FIOME Community Housing Development Organization (CHDO) Set-Aside funds with Elder-Aid, Inc. in the amount of$308,411 for acquisition and rehabilitation of four (4) existing dwelling units to be used as affordable rental housing for income-eligible elderly households. 2n. Presentation, possible action, and discussion approving the renewal of the City's annual copy and print services price agreements with estimated annual expenditures to Alphagraphics (formerly Tops Printing) not to exceed $80,000; Copy Corner not to exceed $40,000; and Office Depot (available through the National Intergovernmental Purchasing Alliance Cooperative (NIPA)) not to exceed $20,000. The total amount for Copy and Print Services is not to exceed $140,000. 2o. Presentation, possible action, and discussion on a bid award for the annual purchase of electric distribution poles,which will be maintained in electrical inventory and expended as needed. The total recommended award is $504,089 to Techline, Inc. 2p. Presentation, possible action, and discussion on calling a public hearing on the City of College Station FY 2015-2016 Proposed Budget for Thursday September 10, 2014 at 7:00 PM in the City Hall Council Chambers. SIM RM081315 Minutes Page 3 2q. Presentation, possible action, and discussion regarding approval of Resolution 08-13-15- 2q, authorizing the Mayor to approve the Plan of Finance, the Issuance of New Hope Cultural Education Facilities Finance Corporation for MRC Senior Living Revenue Bonds and the project to be acquired with the proceeds of such bonds. 2r. Presentation, possible action, and discussion approving Resolution 08-13-15-2r, authorizing a License to Encroach Agreement with Jim Easterly regarding the 6.04 square foot encroachment in to the public utility easement area of a portion of a structure located at Lot 1R, Block 4, Section 2, Summit Crossing Phase 1, according to the plat recorded in Volume 11180, Page 150 of the Official Records of Brazos County, Texas. Item 2c was pulled for a separate vote. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda, less item 2c. The motion carried unanimously. (2c)MOTION: Upon a motion made by Mayor Berry and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the interlocal government agreement with Brazos County for the conduct and management of the City of College Station General Election that will be held on Tuesday, November 3, 2015. The motion carried unanimously. REGULAR AGENDA 1. Public Hearing, presentation, possible action, and discussion of Ordinance 2015-3682, 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 Munson Avenue. Troy Rother, Traffic Engineer, reported that Munson Avenue will be reconstructed between Lincoln Avenue and Dominik Drive. Based upon citizen input from the first public meetings held in November of 2014, the width of the sidewalk on the north side of Munson will be increased from 5 feet back of curb to 8 feet back of curb. To accommodate the change in pavement width, the City of College Station Fire Department needs the parking to be removed on both sides of Munson Drive from Rose Circle to Dominik Drive. The City of College Station Traffic Management Team considered the Fire Departments request and recommends that the parking removal ordinance be approved prior to the design moving forward. All the residents/property owners that were in attendance at the second Public Hearing support this ordinance. The Traffic Management Team recommends approving this ordinance and for the ordinance to not go into effect when roadway construction begins. At approximately 7:42 p.m., Mayor Berry opened the Public Hearing. Joan Etter, 1200 Munson Avenue, provided written comments. RM081315 Minutes Page 4 There being no further comments, the Public Hearing was closed at 7:42 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 2015- 3682, 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 Munson Avenue. The motion carried unanimously. 2. Public Hearing, presentation, possible action, and discussion of Ordinance 2015-3683, 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",along WS Phillips Parkway,Brewster Drive, and Dunlap Loop. Troy Rother, Traffic Engineer, stated that the purpose of this ordinance is to remove parking, standing, and stopping within the proposed school zone around the new Spring Creek Elementary. The Traffic Management Team expressed some concerns: the ability to see children crossing the street at intersections near the school, and the safety and mobility along WS Phillips Parkway and Brewster Drive during regular operation and school drop-off or pick-up time. The Traffic Management Team recommends removing parking along these roadways during all hours. To provide adequate visibility of the children crossing the street, they also recommend removing the parking, standing, and stopping on a segment of Dunlap Loop from 7:00 a.m. until 9:00 a.m. and from 2:30 p.m. until 4:30 p.m. At approximately 7:48 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:48 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015- 3683, 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",along WS Phillips Parkway, Brewster Drive,and Dunlap Loop. The motion carried unanimously. 3. Public Hearing, presentation, Possible action, and discussion of Ordinance 2015-3684, 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 Cherry Street between Tauber and Stasney Street. Troy Rother, Traffic Engineer, reported that this ordinance is for no parking anytime along the south side of Cherry Street between Tauber Street and Stasney Street. This ordinance also removes parking on the north side of Cherry Street between the hours of 5:00 am and 11:00 am. RM081315 Minutes Page 5 Based upon a Traffic Management Team recommendation, Staff held a public meeting to present a time-of-day no parking ordinance to property owners, residents, and business owners. Leadership at the Islamic Student Center adjacent to the proposed parking removal requested changing the time-of-day parking removal on the south side of Cherry Street to no parking anytime. Upon further review, Traffic Engineering and the Fire Department agreed with the citizen's recommendation. Traffic Engineering presented this change to the Northgate Business Owners Association, and their representative voiced opposition to this change because of parking availability in the Northgate District. At approximately 7:56 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:56 p.m. MOTION: Upon a motion made by Councilmember Schultz and a second by Councilmember Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015- 3684, 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 Cherry Street between Tauber and Stasney Street. The motion carried unanimously. 4. Public Hearing, presentation, possible action, and discussion regarding Ordinance 2015- 3685, amending. Chapter 12, "Unified Development Ordinance," Sort-inn 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 GC General Commercial and OV Corridor Overlay to GC General Commercial for approximately 4.73 acres being Lot 1, Block 16 of Glenhaven Estates Phase 6, generally located on the southwest corner of University Drive East and Glenhaven Drive. Mark Bombeck,Planning and Development Services,reported that the applicant has requested the proposed amendment to remove the Corridor Overlay from the property as a step toward the redevelopment of a commercial restaurant on approximately 4.73 acres located at the southwest corner of the University Drive East and Glenhaven Drive intersection. The Planning and Zoning Commission considered this item on June 18, 2015 and voted unanimously to approve the rezoning request. Staff also recommends approval of the rezoning request to remove the Corridor Overlay. Veronica Morgan,representing the applicant,provided information related to parking and the need for removal of the overlay. At approximately 8:09 p.m., Mayor Berry opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:09 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Schultz, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance 2015- 3685, 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 RM081315 Minutes Page 6 district boundaries from GC General Commercial and OV Corridor Overlay to GC General Commercial for approximately 4.73 acres being Lot 1, Block 16 of Glenhaven Estates Phase 6, generally located on the southwest corner of University Drive East and Glenhaven Drive. The motion carried unanimously. 5. Presentation, possible action, and discussion regarding Ordinance 2015-3671, 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 for approximately 20.872 acres from R Rural to 17.14 acres of RS Restricted Suburban and 3.732 acres of SC Suburban Commercial, both tracts being located in the Thomas Caruthers League, Abstract No.9_ College Station, Brazos County, Texas. Said Tracts being portions of the remainder of a called 26.25 acre tract as described by a deed to Dale W. Conrad and Wife, Reba J. Conrad recorded in Volume 460, Page 505 of the Deed Records of Brazos County, Texas; generally located at 4201 Rock Prairie Road, and more generally located at the northeast corner of Rock Prairie Road and Bird Pond Road. Councilmember Schultz recused herself from discussion on this item. Jennifer Prochazka, Planning and Development Services, reported that staff has received from the applicant a statement of intent for gravity sewer. The applicant has proposed an eight-foot tall wooden fence along the rear property line of three lots adjacent to the arena. Three trees will also be planted on each of the three adjacent lots. Tony Jones, applicant, came before Council to address some of the concerns expressed by the adjacent property owners, such as landscape buffering and light pollution. Jeffery Leatherwood, 4618 Midsummer Lane,manager of the Flying Ace Ranch,reported that the rodeo arena is the heartbeat of their business, and the tenants train at night. Tim Spiars, 3101 Robert Drive, Richardson, said the main concern are the lights. He provided drawings demonstrating the line of sight. The solution does not work. There has not been a work session to discuss options. He proposes eastern red cedars with ten-twelve foot centers within the ten-foot buffer. The fence should be board-on-board to eliminate any gaps and extended down to the first paddock. That should block just about anything. The fence could transition to a six-foot after that point. John Spiars, 4100 Ryan Lane, stated they are an existing business. When people start calling the police to complain about the lights,it will adversely impact them. They have invested a substantial amount. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Benham, the City Council voted six (6), for and none (0) opposed, with Councilmember Schultz recusing herself, to adopt Ordinance 2015-3671, 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 for approximately 20.872 acres from R Rural to 17.14 acres of RS Restricted Suburban and 3.732 acres of SC Suburban Commercial, both tracts being located in the Thomas Caruthers League, Abstract No.9, College RM081315 Minutes Page 7 Station, Brazos County, Texas. Said Tracts being portions of the remainder of a called 26.25 acre tract as described by a deed to Dale W. Conrad and Wife,Reba J. Conrad recorded in Volume 460, Page 505 of the Deed Records of Brazos County, Texas; generally located at 4201 Rock Prairie Road, and more generally located at the northeast corner of Rock Prairie Road and Bird Pond Road, conditioned on the screening agreed upon by the applicant to plant three trees per lot and to extend an eight-foot fence to the fourth lot. The motion carried unanimously. 6. Adjournment. There being no further business, Mayor Berry adjourned the Regular Meeting of the City Council at 8:51 p.m. on Thursday, August 13, 2015. Nancy Bey, Mayor ATTEST: Sherry Mghburn, City Secretary RM081315 Minutes Page 8 CITY OF COLLEGE STATION Absence Request Form For Elected and Appointed Officers Name : Board or Committee: City Council I will NOT be in attendance at: 1 © u_An c. t/V1 c'eoa.71 for the reason(s) specified: ca" ) 0 . N1 Sig►ature of officer 64-t6'3' '2 015 Date This request shall be submitted to the office of the City Secretary or Board Secretary one week prior to meeting date. O:council/absencerequest.doc AFFIDAVIT OF CONFLICT OF INTEREST STATE OF TEXAS COUNTY OF BRAZOS I, ( L.Wt. e� 5c4....cai 2 as a member of the City of Cx, 1a, E .,-.make this affidavit and hereby, on oath, state the following: , 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 City ';e,V" S as those terms are defined in Chapter 171, Texas Local Government Code. The business entity is: _ Sc)rN.ca2 1Eln cam'.1 lei LLC- (have/has) a substantial interest in this business entity for the following reasons: (Check all that are applicable.) FI 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; n Funds received by me from the business entity exceed 10% of my gross income for the previous year; ❑ 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 I "j day of �r A ( , 20 ll 6. ' al / Sig_.ture of Official 111/ 0 ; e°rx,,,v,C►\ Plcacr Title BEFORE ME, the undersigned authority, on this day personally appeared , 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. (stamp) Notary Public, State of Texas BEFORE ME, the undersigned authority, on this day personally appeared cJ(). � j C I fz- , 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. iSHERRY MASHBURN l ...a..L.A. 1,'lFY.P-0,-, Stan, 1168633.0 ) Notary Publ' , State of Texas ?* 'r if No?ry Public. State of Texas 1 s;•• 443, My Commission Expires l t ``"'foF --./ July 26,2019 i (iitira4 ( ifa416. _*