HomeMy WebLinkAbout03/24/2022 - Regular Minutes - City CouncilCCM032422 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
MARCH 24, 2022
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Bob Brick
John Crompton
Linda Harvell
Elizabeth Cunha
John Nichols
Dennis Maloney
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Mary Ann Powel, Deputy City Attorney
Adam Falco, Senior Assistant City Attorney
Tanya Smith, City Secretary
Ian Whittenton, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present.
With a quorum present, the Meeting of the College Station City Council was called to order by Mayor
Mooney via In-Person and Teleconference at 4:00 p.m. on Thursday, March 24, 2022, 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, and
§551.074-Personnel, and §551.087-Economic Incentive Negotiations, the College Station City
Council convened into Executive Session at 4:01 p.m. on March 24, 2022, 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; and
CCM032422 Minutes Page 2
City of College Station v. Gerry Saum, Individually, and as Indepen dent Executrix of the
Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District
Court, Brazos County, Texas; and
B. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
City Manager
Council Self-Evaluation
C. Deliberation on an offer of financial or other incentives for a business prospect that the Council
seeks to have locate, stay or expand in or near the City; to wit:
Deliberation of economic incentives for a potential project in the Midtown Business Center
in the City of College Station, Texas.
3. Reconvene from Executive Session and take action, if any.
Executive Session recessed at 6:24 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
5. Presentation – Proclamations, Awards, and Recognitions.
5.1. Presentation of a proclamation in support of Law Enforcement Officers and Operation Safe
Shield.
Mayor Mooney presented a proclamation to College Station Police Department in support of Law
Enforcement Officers and Operation Safe Shield.
6. Hear Visitors Comments
No one signed up to speak.
7. WORKSHOP ITEMS
7.1. Presentation, discussion, and possible action, relating to receiving the annual audit reports
and Annual Comprehensive Financial Report (ACFR) for the fiscal year ended September 30,
2021.
Marci Turner, Finance Controller, presented Amanda Eaves of BKD, LLP to speak on the results of
the fiscal year 2021 audit and the 2021 ACFR.
Amanda Eaves of BKD, LLP stated that in planning and performing an audit of the financial
statements they considered the City's internal control over financial reporting to determine the audit
procedures that are appropriate in the circumstances for the purpose of expressing opinions on the
financial statements, but not for the purpose of expressing an opinion on the effectiveness of the
City's internal control. Accordingly, the report does not express an opinion on the effectiveness of
the City's internal control. She stated that consideration of internal control was not designed to
identify all deficiencies in internal control that might be material weaknesses or significant
deficiencies, and therefore material weaknesses or significant deficiencies may exist that have not
CCM032422 Minutes Page 3
been identified. Given these limitations, during the audit no deficiencies in internal control that
would be considered to be material weaknesses were identified. However, there were certain
deficiencies identified as described in the reports schedule of findings and questioned costs as item
2021-001, that are consider to be a significant deficiency.
Mrs. Eaves went on to explain that as part of obtaining reasonable assurance about whether the City's
financial statements are free from material misstatement, tests were performed as part of its
compliance with certain provisions of laws, regulations, contracts and grant agreements,
noncompliance with which could have a direct and material effect on the determination of financial
statement amounts. However, providing an opinion on compliance with those provisions was not an
objective of the audit, and accordingly, the report does not express such an opinion. The results of
tests conducted disclosed no instances of noncompliance or other matters that are required to be
reported under Government Auditing Standards.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Nichols, the City Council voted seven (7) for and none (0) opposed, to accept the annual audit reports
and Annual Comprehensive Financial Report (ACFR) for the fiscal year ended September 30, 2021.
The motion carried unanimously.
7.2. Presentation, discussion, and possible action on Parkland Dedication Ordinance
amendments.
Michael Ostrowski, Planning and Development Director, stated that through several meetings, the
City Council has directed staff to make changes to the parkland dedication requirements within the
Unified Development Ordinance (UDO). Some of the changes were also identified in the Parkland
Dedication Audit that was performed by the City Auditor in March of 2019.
An outline of the history of this item is as follows:
March 2019 – Parkland Dedication Audit
March 25, 2021 – City Council Workshop – City Council provided direction
August 26, 2021 – City Council Workshop – City Council provided direction
October 12, 2021 – Parks and Recreation Board – Recommended approval of proposed
amendments
October 21, 2021 – Planning & Zoning Commission – Recommended approval of proposed
amendments
October 28, 2021 – City Council – Requested additional changes to the ordinance
January 25, 2022 – Representatives from the Greater Brazos Valley Builders Association –
Provided comments
The proposed changes are broken down into the following categories: zones, appeals, credits, and
fees.
Zones
Reduce the number of parkland dedication zones.
Eliminate the distinctions of parkland dedication zones.
Appeals
Create an appeals section.
Credits
CCM032422 Minutes Page 4
Developer credit up to 25% if developer provides private park land and/or amenities on the
site.
Fees
Standard review of fees.
Update the cost information relating to the average per acre cost.
Ensure Park development fee recognizes passive parks.
ETJ development pay the same fee.
Calculate the fee based on current data.
Staff is seeking direction from the City Council on the proposed amendments to the ordinance. If
City Council provides direction to move forward through the ordinance approval process at this
meeting, the potential approval process would be:
April 12, 2022 – Parks and Recreation Board Recommendation
April 21, 2022 – Planning and Zoning Commission Recommendation
May 12, 2022 – City Council Action
A consensus of the Council directed staff to add a clause that these fees may not be used for
maintenance costs and in the proposed Parkland Dedication ordinance bring back a proportionate fee
in appendix C and allow council to set the fee rate at that time.
7.3. Presentation, discussion, and possible action regarding regulations in neighborhoods
related to noise and gatherings.
Billy Couch, Police Chief, stated that this item will provide an overview of current policies and
regulations regarding gatherings and events in the city and within neighborhoo ds. It will discuss the
current noise ordinance and special events ordinance. Currently, the police can close down, warn or cite
groups having gatherings that violate the noise ordinance, when necessary. The special events process is
very extensive and is mainly for larger events with over 200 attendees and typically does not require
permits for events held on private property.
8. CONSENT ITEMS
Presentation, discussion, and possible action on consent items which consist of ministerial, or
"housekeeping" items as allowed by law : A Councilmember may request additional
information at this time. Any Councilmember may remove an item from the Consent Agenda
for a separate vote.
Items 8.3, 8.4, 8.5, 8.6 and 8.11 were pulled from Consent for clarification.
(8.3): Kelly Kelbly, Assistant Parks and Development Director, stated that in a shared effort to meet
the needs of local youth groups, and community guests, the Parks & Recreation Dept. works with the
College Station Independent School District to maximize space and use of the facility inventory. This
ILA details available facilities and pricing agreements for both entities.
(8.4 and 8.5): Emily Fisher, Public Works Director, stated that removing a section of a franchise
agreement is possible at the will of Council. If Council chose to modify one of these franchise
agreements, they may want to consider the other similar agreements with the removed language
already in place.
CCM032422 Minutes Page 5
(8.6): Emily Fisher, Public Works Director, stated that this item was initiated by a citizen concern
about visibility of traffic at this location.
(8.11): Councilmember Cunha wanted to note her appreciation of Section II, No. 6 regarding staff
and Section I-D Code of Conduct for Mayor and Council Members.
8.1. Presentation, possible action, and discussion of minutes for:
March 10, 2022 Council Meeting
8.2. Presentation, discussion, and possible action on approving annual water meter purchases
from Aqua Metric Sales Company through the Houston-Galveston Area Council (HGAC)
contract. The estimated annual expenditure for water meters is $179,629.98.
8.3. Presentation, discussion, and possible action related to an Interlocal Agreement (ILA)
between the College Station Independent School District and the City of College Station for
joint facility use.
8.4. Presentation, discussion, and possible action on the second reading of a franchise
agreement Ordinance No. 2022-4339 with Bullseye Site Services, LLC for the collection of
recyclables from commercial businesses and multi-family locations.
8.5. Presentation, discussion, and possible action on the first reading of a franchise agreement
ordinance with Jetsam Removals & Roll-Offs LLC for the collection of recyclables from
commercial businesses and multi-family locations.
8.6. Presentation, discussion, and possible action on Ordinance No. 2022-4340 amending
Chapter 38 “Traffic and Vehicles” Article VI “Traffic Schedules”, Section 38-1014 “Traffic
Schedule XIV, No Parking Here to Corner and No Parking at Any Time,” by removing parking
at the intersection of Francis Drive and Foster Avenue.
8.7. Presentation, discussion, and possible action regarding the purchase of Advanced Metering
Infrastructure (AMI) meters for Electric warehouse inventory stock from Landis+Gyr
Technology, Inc. for an amount not to exceed $223,632.
8.8. Presentation, discussion, and possible action for the renewal of a contract for Water Meter
Reading Services, to Alexander’s Contract Services, Inc. for an amount not to exceed $300,000
for one year.
8.9. Presentation, discussion, and possible action regarding a second change order to Contract
21300273 with PowerGrid Services for the ring bus modification work for the Spring Creek
Substation. The total recommended change order amount is not to exceed $107,484.38 which
brings the contract total to $2,497,319.63 for the project.
8.10. Presentation, discussion, and possible action regarding approval of Change Order 1 for
the City’s annual price agreement with Techline Inc., for electric warehouse inventory of
distribution poles in the amount of $660,678 for an increase not to exceed total amount of
$8,013,258. The original annual price agreement was not to exceed total amount of $7,352,580.
8.11. Presentation, discussion, and possible action regarding the approval of the updated
Council Relations Policy and Code of Ethics.
CCM032422 Minutes Page 6
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Maloney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items.
The motion carried unanimously.
9. REGULAR ITEMS
9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2022-4341 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 SC Suburban Commercial to
PDD Planned Development District for approximately 5 acres of land generally located at the
intersection of Emerald Parkway and Corsair Drive (3105 Corsair Drive). Case # REZ2022 -
000001
Derrick Williams, Planning and Development, stated that this request is to rezone approximately 5
acres of land from SC Suburban Commercial to PDD Planned Development District with a base
zoning of SC Suburban Commercial for the development of a skilled nursing facility at the
intersection of Corsair Drive and Emerald Parkway, adjacent to the Emerald Forest subdivision.
Suburban Commercial allows for Extended Care Facilities/Convalescent/Nursing Homes land uses,
but a PDD has been requested to allow an adjustment to the existing zoning’s individual building size
limitation as applied to skilled nursing facility uses and to enhance th e required buffer against the
neighborhood.
Mr. Williams explained that at the time of site plan, the project will need to meet all applicable site
development standards and platting requirements of the Unified Development Ordinance for the
Suburban Commercial zoning district, except where meritorious modifications are granted with the
PDD zoning. The applicant is requesting the following meritorious modification:
SC Suburban Commercial requirements: UDO Section 5.3.C. “…The gross floor area of a
single structure in this district shall not exceed 15,000 square feet in area.”
Skilled nursing facilities are proposed to be allowed to consolidate permittable building area
into one building exceeding the maximum of 15,000 sf.
The applicant offers the following as community benefits:
Along with the required buffer, preservation of viable canopy trees along the property line
that abuts Emerald Forest.
The Planning and Zoning Commission heard this item at their March 3, 2022 Regular Meeting and voted
unanimously to recommend approval. Staff recommends approval of the rezoning.
At approximately 8:09 p.m., Mayor Mooney 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 Maloney and a second by Councilmember
Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022-4341,
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 SC Suburban Commercial to PDD Planned Development District
for approximately 5 acres of land generally located at the intersection of Emeral d Parkway and
CCM032422 Minutes Page 7
Corsair Drive (3105 Corsair Drive). The motion carried unanimously.
10. Council Calendar
Council reviewed the calendar.
11. Items of Community Interest: The Council may receive reports from a Council Member or
City Staff about items of community interest for which notice has not been given, including:
expressions of thanks, congratulations or condolence; information regarding holiday
schedules; honorary or salutary recognitions of a public official, public employee, or other
citizen; reminders of upcoming events organized or sponsored by the City of College Station;
information about a social, ceremonial or community event organized or sponsored by an entity
other than the City of College Station that is scheduled to be attended by a Coun cil Member,
another city official or staff of the City of College Station; and announcements involving an
imminent threat to the public health and safety of people in the City of College Station that has
arisen after the posting of the agenda.
Nothing to report.
12. Council Reports on Committees, Boards, and Commission: A Council Member may make
a report regarding meetings of City Council boards and commissions or meetings of boards
and committees on which a Council Member serves as a representative that have met since the
last council meeting. (Committees listed in Coversheet)
Councilmember Nichols reported on the Health Board.
Councilmember Cunha reported on the Bicycle Pedestrian and Greenways Board.
13. Future Agenda Items and Review of Standing List of Council Generated Future Agenda
Items: A Council Member may make a request to City Council to place an item for which no
notice has been given on a future agenda or may inquire about the status of an item on the
standing list of council generated future agenda items. A Council Member’s or City Staff’s
response to the request or inquiry will be limited to a statement of specific factual information
related to the request or inquiry or the recitation of existing policy in response to the request
or inquiry. Any deliberation of or decision about the subject of a request will be limited to a
proposal to place the subject on the agenda for a subsequent meeting.
Councilmember Maloney requested an item reviewing the Wellborn plan with consideration of the
area’s current status.
Councilmember Crompton requested a future agenda item to consider a budget amendment adding a
full-time code enforcement officer specifically for enforcing the no more than four unrelated
ordinance. A majority of Council did not support this request.
Adjournment.
There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 8:19
p.m. on Thursday, March 24, 2022.
CCM032422 Minutes Page 8
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary