HomeMy WebLinkAbout05/14/2020 - Regular Minutes - City CouncilRM051420 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
VIA TELECONFERENCE
CITY OF COLLEGE STATION
MAY 14, 2020
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Bob Brick
John Crompton
Linda Harvell
John Nichols
Dennis Maloney
City Staff:
Jeff Capps, Interim City Manager
Jeff Kersten, Assistant City Manager
Carla Robinson, City Attorney
Tanya Smith, City Secretary
Ian Whittenton, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation,
consider absence request.
With a quorum present, the Regular Meeting of the College Station City Council was called to order
by Mayor Mooney at 6:35 p.m. on Thursday, May 14, 2020 in the Council Chambers of the City of
College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
2. Presentation
Proclamation for National Public Works Week, May 17th – 25th.
Mayor Mooney presented a proclamation to the Public Works Department, proclaiming May 17-25,
2020 as National Public Works Week.
3. Hear Visitors Comments
David Flash, Leander, TX, stated that his comments are related to what he sees as troubling trends in
the College Station Police Department's complaint statistics. He believes that when comparing
complaint statistics for communities of our size the City is trending towards fewer complains, but
most growing cities of our size are trending towards more complaints. Mr. Flash would like to see
more oversight, transparency, and the integrity in the complaint process and subsequent investigation.
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Derick Arredondo, President of College Station Little League, came before Council expressing his
concerns as a father, asking the Council if we could come up with some possibilities which would
allow us to have baseball this summer for our children.
4. CONSENT AGENDA
4.1. Presentation, possible action, and discussion of minutes for:
April 23, 2020 Workshop Meeting
April 23, 2020 Regular Meeting
4.2. Presentation, discussion, and possible action regarding a construction contract with Air
Cleaning Technologies, Inc. not to exceed $165,129 for installing vehicle exhaust removal
systems at Fire Stations 1, 2, and 4.
4.3. Presentation, discussion, and possible action on a professional services contract with The
Arkitex Studio, Inc. in the amount of $160,000 for the design and construction consultation of
a new Cemetery Maintenance Shop at College Station Memorial Cemetery.
4.4. Presentation, discussion, and possible action on Ordinance No. 2020-4170 approving a five
(5) year residential recycling collection franchise agreement and general service agreement in
an amount not to exceed ($4,542,000) with Brannon Industrial Grou p, LLC, DBA BVR Waste
and Recycling.
4.5. Presentation, discussion, and possible action, on the first reading of a franchise agreement
with Howdy Disposal LLC; for the collection of demolition and construction debris, recyclables,
and organic waste from commercial, industrial and multifamily locations.
4.6. Presentation, discussion, and possible action regarding approval of a construction contract
with Larry Young Paving in the amount of $3,790,692.40 for the construction of Royder Road
Phase 2.
4.7. Presentation, discussion, and possible action regarding Ordinance No. 2020-4171
temporarily amending Chapter 38, Section 38-1013, of the Code of Ordinances by changing the
posted speed limit on the section of FM 2154 approximately 600 feet north of Victoria Avenue
to approximately 2,600 feet south of Victoria Avenue to 50 mph for the duration of the Royder
Road Phase 2 project.
4.8. Presentation, discussion, and possible action regarding an Interlocal Agreement between
the City of College Station and Wellborn Special Utility District for the cost participation by
Wellborn Special Utility District in the Royder Road Phase 2 project.
4.9. Presentation, discussion, and possible action regarding Resolution No. 05-14-20-4.9
approving an advance funding agreement (AFA) in the amount of $28,469 between the City of
College Station and the State of Texas, acting through the Texas Department of Transportation
(TXDOT) for the city's contribution for certain signal improvements for the intersection of FM
2347 and Dexter Drive.
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4.10. Presentation, discussion, and possible action regarding Resolution No. 05-14-20-4.10
approving an advance funding agreement (AFA) in the amount of $287,599 between the City
of College Station and the State of Texas, acting through the Texas Department of
Transportation (TXDOT) for the city's contribution for certain signal improvements for the
FM 2818 widening project.
4.11. Presentation, discussion, and possible action regarding approval of Change Order No. 2
in the amount of $273,243.41 for the Lick Creek Trunk Line construction contract with Thalle
Construction Company, Inc.
4.12. Presentation, discussion, and possible action regarding the conversion of 40.5 acres of
greenway and 18.8 acres of City of College Station property to park land. Once added to the
existing 47.1 acres of Stephen C. Beachy Central Park, total park acreage will sum 106.4.
Item 4.9 and 4.10 were pulled from Consent to the May 28th Council Meeting.
MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda,
with the exception of Consent Items 4.9 and 4.10. The motion carried unanimously.
5. REGULAR AGENDA
5.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2020-4172 amending the Comprehensive Plan by adopting the updated Economic Development
Master Plan.
Natalie Ruiz, Director of Economic Development, stated that the proposed ordinance would adopt an
updated Economic Development Master plan, as a component of the Comprehensive Plan. This plan
is a review and update to the original plan and will guide the community’s economic development
path forward for 2020 through 2025. Mrs. Ruiz explained that the intent of the overall master
planning process is to ensure that future growth and development advances the City’s economic
development objectives. The process should also further College Station’s goal of “ensuring a
diversified economy, generating quality, stable, full-time jobs; bolstering the sales and property tax
base; and contributing to a high quality of life.” The resulting plan gives economic development staff
a clear path forward for the next five years and beyond. The original Economic Development Master
Plan was adopted in 2013.
The Planning and Zoning Commission considered this item on May 7, 2020 and voted unanimously
to recommend approval. Staff also recommends approval.
At approximately 7:37 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:38 p.m.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick,
the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4172,
amending the Comprehensive Plan by adopting the updated Economic Development Master Plan.
The motion carried unanimously.
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5.2 Public Hearing, presentation, discussion, and possible action regarding a Credit Policy for
System-Wide Roadway, Water, and Wastewater Impact Fees.
Carol Cotter, Planning and Development, stated that the City of College Station adopted System-
Wide Impact Fees for water, wastewater, and roadways in November 2016. The need for a method
of awarding credit to developments that construct infrastructure on the Impact Fee Capital
Improvement Plan was identified. An Impact Fee Credit Policy has been developed to establish
standards for determining projects for which credit is eligible, the process requirements for obtaining
credit, and the methods for applying credit to development projects for which credits against impact
fees may be awarded. The draft policy was distributed for review in summer of 2019. Comments
were received and incorporated as appropriate. A summary of the revised Impact Fee Credit Policy
was presented to a Joint Workshop of City Council and the Planning and Zoning Commission on
February 28, 2020.
The Planning and Zoning Commission along with a representative from the ETJ, acting in their
capacity as the Impact Fee Advisory Committee considered this item on May 7, 2020 and voted 7-0
to recommend approval. Staff also recommends approval.
At approximately 7:17 p.m., Mayor Mooney opened the Public Hearing.
Hunter Goodwin, College Station, came before Council to explain the challenges of not having a
credit agreement which can be referenced when developing and planning. He also commented on
the negotiation process with the city, which would be enhanced by a consistent policy.
There being no comments, the Public Hearing was closed at 7:26 p.m.
MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Nichols,
the City Council voted six (6) for and none (0) opposed, to approve a Credit Policy for System-Wide
Roadway, Water, and Wastewater Impact Fees. The motion carried unanimously.
5.3 Presentation, discussion, and possible action on Ordinance No. 2020-4173 amending
Chapter 107, “Impact Fees”, Article II, “System-Wide Impact Fees”, by adding Section 107-74,
“Update of Plan and Revision of Fees”, relating to revision of System-Wide Impact Fees, of the
Code of Ordinances of the City of College Station, Texas.
Carol Cotter, Planning and Development, stated that the City of College Station adopted System-
Wide Impact Fees in 2016. Maximum Impact Fees were adopted and reduced collection rates
imposed. This Ordinance amends Chapter 107, “Impact Fees”, by adding Section 107-74, “Update
of plan and revision of fees”, to include provisions for the formal 5-year update of system-wide
impact fees, as well as conditions and process for amending the imposed impact fees and collection
rates prior to the five-year update without updating the land use assumptions and capital
improvements plan, provided that the impact fees to be collected do not exceed the maximum impact
fees assessed.
The Planning and Zoning Commission along with a representative from the ETJ, acting in their
capacity as the Impact Fee Advisory Committee considered this item on May 7, 2020 and voted 7-0
to recommend approval. Staff also recommends approval.
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At approximately 7:59 p.m., Mayor Mooney opened for Citizens Comments.
James Murr, College Station, stated that everyone is in crisis mode during the COVID-19 and this is
not the time to discuss impact fees. The 2016 study included projects that already complete and some
of those completed project are being removed from the Thoroughfare Plan.
Hunter Goodwin, College Station, stated that the 2016 impact fees were a very complicated
calculations but done great consideration. Updating this of plan and revis ing the fees will be an
unwinding of the work that was done back in 2016 and is very disturbing to him.
There being no comments, the Citizens Comments was closed at 8:07 p.m.
MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember
Maloney, the City Council voted three (3) for and three (3) opposed, with Mayor Mooney and
Councilmembers Harvell and Nichols voting against, to adopt Ordinance No. 2020-4173, amending
Chapter 107, “Impact Fees”, Article II, “System-Wide Impact Fees”, by adding Section 107-74,
“Update of Plan and Revision of Fees”, relating to revision of System-Wide Impact Fees, of the Code
of Ordinances of the City of College Station, Texas. The vote was a tie, motion failed.
Mayor Mooney recessed the regular meeting at 8:28 p.m.
The regular meeting reconvened at 8:38 p.m.
5.4 Presentation, discussion, and possible action regarding Resolution No. 05-14-20-5.4 setting
a public hearing to consider amending Section 107-73(g) of the City’s Code of Ordinances to
adjust the current collection rate per service unit for roadway impact fees.
Carol Cotter, Planning and Development, stated that this resolution sets the date and time for a public
hearing on roadway impact fees at the May 28th City Council Regular Meeting. On November 10,
2016, the City Council adopted roadway impacts fees as a funding source to help mitigate
infrastructure challenges in planning for future growth. Maximum Impact Fees for roadways were
adopted, with a lower collection rate phased in over a 3-year period. At their May 28th meeting, the
City Council will consider amending the roadway impact fee ordinance, including the currently
adopted collection rate.
At approximately 9:00 p.m., Mayor Mooney opened for Citizens Comments.
James Murr, College Station, stated that he agrees with the workshop and would participate in this
discussion with developer and council. Mr. Murr also explained that if this amended is ultimately
approved the current business would not be grandfathered in, unless specifically stated in the
amendment. If fees go up the home builders will increase home prices as the fees are increased.
Hunter Goodwin, College Station, stated that this discussion is about two things, roads and money.
He stated, where does the money come from; Council has increased the taxes, road impact fees and
other increases which is making it hard to live in the community.
There being no comments, the Citizens Comments was closed at 9:11 p.m.
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MOTION: Upon a motion made by Councilmember Maloney and a second by Mayor Mooney, the
City Council voted six (6) for and none (0) opposed, to not adopt Resolution No. 05-14-20-5.4, setting
a public hearing to consider amending Section 107-73(g) of the City’s Code of Ordinances to adjust
the current collection rate per service unit for roadway impact fees. The motion carried unanimously.
5.5 Presentation, discussion, and possible action regarding a change order decreasing the
amount of the Construction Manager at Risk Contract with Vaughn Construction, LLC by
$403,836 for the New Police Station Project.
Emily Fisher, Assistant Director of Public Works, stated that this change order will release remaining
funds from Work Remaining to Procure, Buyout Savings, and Contractor Contingency for work items
that been successfully purchased, or otherwise mitigated through construction of the new police
station. This will be the final change order for the project. This change order in addition to Change
Order No.3 have collectively reduced the contract by 5%. Mrs. Fisher explained, that the budget in
the amount of $29,500,000 is included for this project in the General Government Capital
Improvement Projects Fund. A total of $29,202,603 has been expended or committed to date. The
proposed deductive change order will reduce the encumbered amount by $403,836.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to approve a change order decreasing
the amount of the Construction Manager at Risk Contract with Vaughn Construction, LLC by
$403,836 for the New Police Station Project. The motion carried unanimously.
5.6 Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2020-4174 amending the Comprehensive Plan by amending the Thoroughfare Plan in the
College Station extra-territorial jurisdiction by modifying the alignment of a future minor
arterial to the northeast between Koppe Bridge Road and Clay Pit Road and by removing a
future minor collector between the Meadow Creek Subdivision and Minter Springs Road.
Jason Schubert, Planning and Development, stated that this proposed amendment revises the
Thoroughfare Plan in the College Station extra-territorial jurisdiction (ETJ) in two ways. The first
amendment proposes to modify the alignment of a future minor arterial between Koppe Bridge Road
and Clay Pit Road to the northeast. The second amendment proposes to remove a future minor
collector between the Meadow Creek Subdivision and Minter Springs Road. These amendments have
been initiated by City staff as refinements to the Thoroughfare Plan and are in collaboration with the
County Engineer in the Brazos County Road and Bridge Department. The first amendment is
necessary as the proposed alignment varies more than 1,000 feet from the existing alignment, which
is the maximum the Unified Development Ordinance (UDO) allows staff the discretion to consider
administratively. Mr. Schubert explained that it seeks to reduce the amount of significant floodplain
crossings, utilize more right-of-way of existing roadways, and limit the overall impact to existing
developed properties. The second amendment removes a future minor collector to be more in keeping
with the broader spacing of thoroughfares in the more rural context of the College Station ETJ. A
public information meeting was held at Greens Prairie Elementary on March 4, 2020. There were 47
property owners and residents that attended to learn more of the proposed amendments and provide
feedback.
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The Planning and Zoning Commission considered this item on May 7, 2020 and voted 6-0 to
recommend approval. Staff also recommends approval.
At approximately 9:43 p.m., Mayor Mooney opened the Public Hearing.
Gretchen Riley, College Station, came before Council to oppose the proposed ordinance and
requested Council not to realign the future minor arterial road or the amending of the Thoroughfare
Plan as proposed. She commented that if passed it would result in a taking of a home and destroy
our quality of life, while giving an ambiguous advantage to the city, county, or developer, or all.
David Peter, Project Developer, stated that he is the developer of the proposed Comprehensive Plan
Amendment to amend the Thoroughfare Plan in the Thousand Oaks Ranch area and he considers this
plan to be optimal for the roadway size.
Justin Collins, College Station, stated that the proposed plan looks dysfunction compared to the plan
that already exist, which looks like it has excessive turns.
There being no comments, the Public Hearing was closed at 10:10 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4174,
amending the Comprehensive Plan by amending the Thoroughfare Plan in the College Station extra-
territorial jurisdiction by modifying the alignment of a future minor arterial to the northeast between
Koppe Bridge Road and Clay Pit Road and by removing a future minor collector between the Meadow
Creek Subdivision and Minter Springs Road. The motion carried unanimously.
5.7 Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2020-4175 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 boundary from R Rural and PDD Planned
Development District to BP Business Park on approximately 6 acres of land located at 8822 &
8850 Burgess Lane.
Rachel Lazo, Planning and Development, stated that the applicant is requesting to rezone the subject
property from PDD Planned Development District and R Rural to BP Business Park. A Preliminary
Plan was approved in April 2020 as the first step towards developing the subject tract and surrounding
properties as part of the proposed Fujifilm campus expansion. The subject tract has frontage to
Burgess Lane, which is a private roadway, and a traffic impact analysis (TIA) was not required with
the rezoning request as the amount of acreage falls below the threshold to require one. Ms. Lazo
explained that at the time of site plan, TxDOT may require a right-turn deceleration lane from the FM
60/SH 47 Frontage Road into Burgess Lane depending upon the traffic generation proposed with the
site. It is anticipated a portion of Burgess Lane will be reconstructed at the time of development and
dedicated as a public street to provide public access to the adjacent tracts along its frontage. The tract
is currently marketable with its current PDD zoning, but the present uses, rural manufactured home
sites and self-storage, are not appropriate for its location. Rezoning the property will maintain its
marketability and provide flexibility in design.
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The Planning and Zoning Commission considered this item on May 7, 2020 and voted 7-0 to
recommend approval. Staff also recommends approval.
At approximately 10:14 p.m., Mayor Mooney opened the Public Hearing.
Deven Doyen, Shultz Engineering, came before Council representing the applicant and asked if the
Council has any questions.
There being no comments, the Public Hearing was closed at 10:15 p.m.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-
4175, 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 boundary from R Rural and PDD Planned Development District to
BP Business Park on approximately 6 acres of land located at 8822 & 8850 Burgess Lane. The
motion carried unanimously.
5.8 Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2020-4176 vacating and abandoning a 0.693 acre portion of the Right-of-Way of Biomedical
Way, said portion lying southeast of the intersection of HSC Parkway and Biomedical Way,
according to the plat of the Traditions Subdivision, Phase 23, recorded in Volume 11293, Page
184, of the Deed Records of Brazos County, Texas.
Anthony Armstrong, Planning and Development, stated that the right-of-way abandonment will
accommodate future expansion of the adjacent Fujifilm development in the City’s Bio-corridor. There
are existing utilities that will require easement dedicated, and the installation of a new public
turnaround facility that must be completed and constructed first in order to codify the abandonment.
A final plat of the adjacent unplatted property to incorporate the abandoned ROW, dedicate the
needed easements over existing utilities, and provide construction plans for the public turnaround
facility are forthcoming. The 0.693 acre right-of-way is located southeast of the intersection of HSC
Parkway and Biomedical Way in the City’s Bio-corridor.
At approximately 10:19 p.m., Mayor Mooney opened the Public Hearing.
Deven Doyen, Shultz Engineering, came before Council representing the applicant and asked if the
Council has any questions.
There being no comments, the Public Hearing was closed at 10:20 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Brick, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2020-4176,
vacating and abandoning a 0.693 acre portion of the Right-of-Way of Biomedical Way, said portion
lying southeast of the intersection of HSC Parkway and Biomedical Way, according to the plat of the
Traditions Subdivision, Phase 23, recorded in Volume 11293, Page 184, of the Deed Records of
Brazos County, Texas. The motion carried unanimously.
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5.9 Presentation, discussion, and possible action on Resolution No. 05-14-20-5.9 adopting a
substantial amendment to the City's 2015-2019 Consolidated Plan, 2019 Annual Action Plan,
and Citizen's Participation Plan to include new Community Development Block Grant
Program (CDBG-CV) funds under the Coronavirus Aid, Relief, and Economic Security
(CARES) Act.
Debbie Eller, Director of Community Services, stated that the City of College Station is entitled to
receive $697,507 in additional Community Development Block Grant (CDBG-CV) funds from the
United States Department of Housing and Urban Development (HUD) in Fiscal Year 2019 and has
prepared substantial amendments to the Citizen Participation Plan, 2015-2019 Consolidated Plan and
the 2019 Annual Action Plan as required to secure these funds. Community Development staff
consulted with counselors from CSISD and 2-1-1 to determine the most requested assistance.
Additionally, a public survey was conducted to determine how important these identified needs were
as well as requesting input regarding any additional needs. Staff utilized this information to
recommend the following amendments for the utilization of CDBG, CDBG-CV, and HOME funds.
The substantial amendments include:
Revising the Citizen Participation Plan to include the use of virtual public meetings,
clarification of the description of public hearings for the Consolidated Plan, and adds a section
to address citizen participation during a disaster declaration. The revision also includes
administrative edits with clarifying language.
Revising the City of College Station 2015-2019 Consolidated Plan to include as a goal
statement, a Disaster Response Plan that includes policies and procedures to address the local
impact of these types of disasters as allowed by HUD guidance, waivers, and/or streamlined
regulations, as well as adding TBRA–RU as a project.
Revising the City of College Station’s 2019 Action Plan to enable the City of College Station
to receive and administer $697,507 in Community Development Block Grant Coronavirus
(CDBG-CV) funding from HUD, inclusive of $500,000 of CDBG-CV funds allocated to
Public Service Agencies and $197,507 for Economic Development.
MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Harvell,
the City Council voted six (6) for and none (0) opposed, to approve Resolution No. 05-14-20-5.9,
adopting a substantial amendment to the City's 2015-2019 Consolidated Plan, 2019 Annual Action
Plan, and Citizen's Participation Plan to include new Community Development Block Grant Program
(CDBG-CV) funds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The
motion carried unanimously.
Mrs. Eller, also explained that the Eligible CDBG activities may include, but are not limited to,
assisting low and moderate income households with rental and utility assistance for up to three
months, food assistance programs, business assistance to retain employees, and support of other
COVID- 19 response services such as medical/health related needs. This funding and additional
CDBG funding, which may be made available to the City by HUD through the CARES Act, will be
used for the same purposes as the initial allocations which go toward the prevention, preparation and
response to COVID-19.
Council directed staff to move forward with new assistance program.
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6. Presentation, discussion, and possible action 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.
Councilmember Crompton requested a future agenda item exploring the tracks owned by the city that
surround the Central Park, Rain Tree Park and Castle Gate Park for the possibility of adding them to
the existing surrounding parks.
7. Adjournment.
There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council
at 10:37 p.m. on Thursday, May 14, 2020.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary