HomeMy WebLinkAbout04/08/2021 - Regular Minutes - City CouncilRM040821 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
VIA TELECONFERENCE
CITY OF COLLEGE STATION
APRIL 8, 2021
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor - absent
Council:
Bob Brick – Mayor Pro Tem
John Crompton
Linda Harvell
Elizabeth Cunha
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 Pro Tem Brick via Teleconference at 5:01 p.m. on Thursday, April 8, 2021, in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas
77840.
2. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.074-
Personnel, and §551.086-Competitive Matters, the College Station City Council convened into
Executive Session at 5:01 p.m. on April 8, 2021, in order to continue discussing matters pertaining
to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit:
Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of
College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County,
Texas; and
McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause
No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas
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City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the
Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District
Court, Brazos County, Texas
City of College Station v. Brazos Re Investors Group, LLC. Cause No.612-CC; In the County
Court at Law No. 1 of Brazos County, Texas.
B. Consultation with attorney to receive legal advice; to wit:
Legal advice regarding electric utility and Winter Storm Uri.
C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
City Manager
Council Self-Evaluation
D. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to
wit:
Power Supply
Executive Session recessed at 6:00 p.m.
3. Reconvene from Executive Session and take action, if any.
No vote or action was taken in Executive Session.
4. Hear Visitors Comments
No citizens comments at this time.
5. Presentation, possible action and discussion on items listed on the consent agenda.
Items 6.2, and 6.9 were pulled from Consent for clarification.
(6.2): Mary Ellen Leonard, Finance Director, stated that the City’s Financial Advisor and Bond
Counsel recommend that the City issue Certificate of Obligations for utility projects instead of Utility
Revenue Bonds (URBs); the pledge of the City’s ad valorem tax base is a stronger credit than utility
revenues and thus lowers the cost of borrowing. This has been the practice of the City since 2008.
The Utility systems will cover their associated portion of debt service through utility revenues. The
Certificates will be used to fund street, parks, public facilities, technology, water and wastewater
projects, and pay debt issuance costs. The maximum amount of Certificates of Obligation
indebtedness that may be authorized to be sold is $62,443,000.
(6.9): Aubrey Nettles, Economic Development Manager, explained that for property located within
the boundaries of the Interlocal Agreement, the District will develop and dedicate parks to the City
through the standard development dedication process. Additionally, the District will maintain and
program parks and related facilities. The District agrees at its sole cost and expense to perform the
day-to-day operation and maintenance of the parks and park facilities and to perform ordinary repairs
and maintenance. The District has the right to receive all revenue collected from District-programmed
activities held within these parks and park facilities. The initial term of the Interlocal Agreement is
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for 50 years, and this agreement can be renewed for one more additional 50-year term. There should
be no negative impact to the City of College Station as the District agrees at its sole cost and expense
to perform the day-to-day operation and maintenance of the park and park facilities and to perform
ordinary repairs and maintenance.
6. CONSENT AGENDA
6.1. Presentation, possible action, and discussion of minutes for:
March 22, 2021 Special Meeting
March 25, 2021 Workshop Meeting
March 25, 2021 Regular Meeting
6.2. Presentation, discussion, and possible action to approve Resolution No. 04-08-21-6.2 by the
City Council of the City of College Station, Texas, directing publication of notice of intention
to issue certificates of obligation, series 2021; and providing an effective date.
6.3 Presentation, discussion, and possible action regarding the fiscal year FY21 funding of
$1,629,793 for retirement obligations.
6.4 Presentation, discussion, and possible action on renewing a General Service Contract with
Emergicon, LLC providing ambulance billing, accounts receivable and delinquent account
collection services for an annual not-to-exceed amount of $175,000. (PULLED)
6.5 Presentation, discussion, and possible action regarding Change Order 3 in the amount of
$132,489 to the construction contract with CSA Construction, Inc. for the Lick Creek
Wastewater Treatment Plant Expansion project.
6.6 Presentation, discussion, and possible action regarding Change Order 1 in the amount of
$8,000 to the professional services contract with Jones & Carter, LLC. for the Sandy Point
Pump Station Site Improvements Project.
6.7 Presentation, discussion, and possible action regarding a construction contract in the
amount of $112,200 with Norman Construction Services, LLC for the Castle Rock Sidewalk
Project.
6.8 Presentation, discussion, and possible action regarding approval of and ratifying an
emergency repair contract in the amount of $232,988 for the Barron Road 24” Water Line
emergency repair performed by Elliott Construction, LLC.
6.9 Presentation, discussion, and possible action regarding an Interlocal Agreement Between
the City of College Station and Rock Prairie Management District No. 2 relating to park
facilities.
Consent Agenda Item 6.2 was pulled for a separate vote.
Consent Agenda Item 6.4 was pulled to a future meeting.
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MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Nichols the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda,
with the exception of Consent Items 6.2 and 6.4. The motion carried unanimously.
(6.2) MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Nichols the City Council voted five (5) for and one (1) opposed, with Councilmember Cunha voting
against, to approve the Consent Agenda Item 6.2, Resolution No. 04-08-21-6.2 by the City Council
of the City of College Station, Texas, directing publication of notice of intention to issue certificates
of obligation, series 2021; and providing an effective date. The motion carried.
7. REGULAR AGENDA
7.1 Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2021-4255 vacating and abandoning an 843 square foot portion of a 10 foot Sewer Easement
located within Lot 2, Block 3 of The Glade, First Installment Subdivision, according to the plat
recorded in Volume 213, Page 359, of the Deed Records of Brazos County, Texas, and a 1,265
square foot portion of a 15-foot Sewer Easement located within Lot 2, Block 3 of The Glade,
First Installment Subdivision, according to the plat recorded in Volume 213, Page 359, of the
Deed Records of Brazos County, Texas, and described in the Easement recorded in Volume
305, Page 161.
Erika Bridges, Planning and Development, stated that the City’s current Woodson Village
Rehabilitation Project includes abandonment and relocation of a 12-inch sanitary sewer line within a
portion of the 10-foot and 15-foot Sanitary Sewer Easements to a recently dedicated 10 -foot Water
and Wastewater Easement. Upon completion of the sanitary sewer line relocation project, the portions
of 10-foot and 15-foot Sanitary Sewer Easements will no longer be necessary.
At approximately 6:52 p.m., Mayor Pro Tem Brick opened the Public Hearing.
There being no comments, the Public Hearing was closed at 6:52 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2021-4255,
vacating and abandoning an 843 square foot portion of a 10 foot Sewer Easement located within Lot
2, Block 3 of The Glade, First Installment Subdivision, according to the plat recorded in Volume 213,
Page 359, of the Deed Records of Brazos County, Texas, and a 1,265 square foot portion of a 15-foot
Sewer Easement located within Lot 2, Block 3 of The Glade, First Installment Subdivision, according
to the plat recorded in Volume 213, Page 359, of the Deed Records of Brazos County, Texas, and
described in the Easement recorded in Volume 305, Page 161. The motion carried unanimously.
7.2 Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2021-4256 vacating and abandoning a 1,295 square foot Easement lying between Lots 5 & 6,
Block 9 of The Knoll Subdivision, according to the replat recorded in Volume 140, Page 458 of
the Deed Records of Brazos County, Texas.
Erika Bridges, Planning and Development, stated that the City’s current Woodson Village
Rehabilitation Project includes abandonment and relocation of a 6-inch sanitary sewer line within a
1,295 square foot Easement to a recently dedicated 20-foot wide Public Utility Easement. Upon
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completion of the sanitary sewer line relocation project, the 1,295 square foot Easement will no longer
be necessary.
At approximately 6:54 p.m., Mayor Pro Tem Brick opened the Public Hearing.
There being no comments, the Public Hearing was closed at 6:54 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. 2021-
4256, vacating and abandoning a 1,295 square foot Easement lying between Lots 5 & 6, Block 9 of
The Knoll Subdivision, according to the replat recorded in Volume 140, Page 458 of the Deed
Records of Brazos County, Texas. The motion carried unanimously.
7.3 Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2021-4257 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 to GS General Suburban
on approximately 5 acres of land located at 3006 Norton Lane.
Jesse Dimeolo, Planning and Development, stated that this request is to rezone approximately 5 acres
of mostly undeveloped land located between William D Fitch Parkway, Wellborn Road, and Barron
Road from R Rural to GS General Suburban. The tract was originally zoned R Rural upon annexation
to the City in 1995. This zoning request is in effort to provide additional single-family housing supply
to this area of the city.
Mr. Dimeolo explained that the subject property generally drains to the northwest and the southeast
corners. The tract is not encumbered by FEMA Special Flood Hazard Area (SFHA). Downstream
detention will be provided to accommodate full build-out. Additional drainage improvements and
other public infrastructure required with site development shall be designed and constructed in
accordance with the B/CS Unified Design Guidelines. The subject property has access to Jeanne
Drive, which is constructed as a minor collector but not designated as one on the City’s Thoroughfare
Plan. A Traffic Impact Analysis (TIA) was not required as part of the rezoning request due to the
applicant showing anticipated peak trip rate to be less than the 150 thresholds. The applicant has
stated that the current R Rural zoning is not the highest and best use for the property. The market
price of the land exceeds the allowed use of the property and therefore is not marketable without a
rezoning.
The Planning and Zoning Commission heard this item at their March 18, 2021 regular meeting where
they voted unanimously to recommend approval. Staff also recommends approval of the rezoning.
At approximately 6:57 p.m., Mayor Pro Tem Brick opened the Public Hearing.
Janette Dale, College Station, stated that she is adjacent to the proposed rezoning property and she
understands the need for single family homes and development in the area. However, she has
concerns about this development becoming more of a rental community, the density of the
development, and future connectivity to the proposed thoroughfare. She also stated that she would
hope there would be some buffered area or fencing between the development and existing properties.
There being no further comments, the Public Hearing was closed at 7:00 p.m.
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MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Nichols, the City Council voted five (5) for and one (1) opposed, with Councilmember Harvell voting
against, to adopt Ordinance No. 2021-4257, 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 to GS General Suburban on approximately 5 acres of land located at 3006 Norton Lane. The
motion carried.
7.4 Presentation, discussion, and possible action regarding Ordinance No. 2021-4258 consenting
to and extending the Mayor's renewal of a disaster declaration due to public health emergency.
Jeff Capps, Interim City Manager, stated that on April 6, 2021, the Mayor of College Station issued
a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster
proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22,
2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7,
2020, January 8, 2021, February 8, 2021, and March 8, 2021. The conditions necessitating the
declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent
to and approve the Mayor's Disaster Declaration renewal.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2021-4258,
consenting to and extending the Mayor's renewal of a disaster declaration due to public health
emergency. The motion carried unanimously.
8. Council Calendar
7. Discussion, review, and possible action regarding the following meetings: Animal Shelter
Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee,
Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments,
Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic
Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance
Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits
Committee, Comprehensive Plan Evaluation Committee, Experience Bryan -College Station,
Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway
Coalition, Historic Preservation Committee, Interfaith Dialogue Association,
Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark
Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks
and Recreation Board, Planning and Zoning Commission, Research Valley Technology
Council, Regional Transportation Committee for Council of Governments, Sister Cities
Association, Spring Creek Local Government Corporation, Transportation and Mobility
Committee, TAMU Student Senate, Texas Municipal League, Walk with the Mayor, YMCA,
Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.)
Councilmember Nichols reported on BVSWMA.
Councilmember Cunha reported on Business over Breakfast, Builders and Developers Breakfast,
Joint Relief Funding Review Committee, City Council Audit Committee, Historic Preservation
Committee, and Rock Prairie Management District 2.
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Councilmember Harvell reported on Unbound Night of Hope and the Historic Preservation
Committee.
9. 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 Harvell requested an update on Aggie Park and potential drainage issues.
Councilmember Harvell requested an item on architectural designs for Northgate.
Councilmember Crompton requested a workshop item on the status of a proposal to construct bird
blinds in Lick Creek Park.
Councilmember Crompton requested that a previously request future agenda modifying the Parkland
Dedication ordinance includes four additional features. Those features are a provision for up to 50%
credit for land or private amenities, an update to the average cost per acre of land used to determine
the various fees, a mechanism for ensuring park development fees recognize developed and passive
parks, and a policy in the ETJ requiring parkland dedication fees for those developments, but with a
developer credit for private facilities.
Councilmember Crompton requested a workshop item on the economic viability of investing in
vegetation such as tree canopies to reduce the “Heat Island Effect.”
Councilmember Maloney requested a future agenda item for a resolution from council in opposition
to the proposed Texas (SB10) Senate Bill 10.
Councilmember Brick requested a presentation on ways the City can support communication between
developers and the community.
10. Adjournment.
There being no further business, Mayor Pro Tem Brick adjourned the Regular Meeting of the City
Council at 7:42 p.m. on Thursday, April 8, 2021.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary