HomeMy WebLinkAbout06/09/2022 - Regular Minutes - City CouncilCCM060922 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
JUNE 9, 2022
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Bob Brick
John Crompton (Remote)
Linda Harvell
Elizabeth Cunha
John Nichols
Dennis Maloney
City Staff:
Jeff Capps, Deputy City Manager
Jeff Kersten, Assistant City Manager
Carla Robinson, City Attorney
Adam Falco, Deputy City Attorney
Ian Whittenton, Deputy City Secretary
Lisa McCracken, Records Management Administrator
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 4:01 p.m. on Thursday, June 9, 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, §551.072-Real
Estate, §551.074-Personnel, and §551.087-Economic Incentive Negotiations, the College Station City
Council convened into Executive Session at 4:02 p.m. on June 9, 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
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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; and
Shana Elliott and Lawrence Kalke v. The City of College Station, et al.
B. Consultation with attorney to receive legal advice; to wit:
Legal advice related to a 2017 CDBG funding agreement and proposed change order with
B/CS Habitat for Humanity.
C. Deliberation on the purchase, exchange, lease, or value of real property; to wit:
Real estate negotiations for property located generally at the intersection of Texas Avenue and
Francis Drive in College Station.
D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
City Attorney
City Manager
Council Self-Evaluation
E. 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:
Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey
Road.
3. Reconvene from Executive Session and take action, if any.
Executive Session recessed at 6:37 p.m.
MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Harvell, the
City Council voted seven (7) for and none (0) opposed to appoint Adam Falco as Interim City Attorney
effective June 16, 2022. The motion carried unanimously.
4. Pledge of Allegiance, Invocation, consider absence request.
5. Hear Visitors Comments
William Wright, College Station, came before Council to highlight the value of Citizens Fire Academy
and encourage continued support for these types of programs.
Pam Smits, College Station, came before Council to express her thanks for programs like the Citizens
Fire Academy.
Aiden Juge, College Station, came before Council to discuss the living conditions in and around their
rental unit and speak in support of a proactive rental inspection program.
Ellis Howard, College Station, came before Council as organizer for a group promoting a proactive
rental housing inspection program and encourages Council to take action to enact such a program.
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TreVion Watson, College Station, came before Council to encourage a proactive rental inspection
program be enacted in the city and cited what he believes are owner and community benefits.
Alice Rosenloch, College Station, came before Council to encourage that action be taken to assure
better rental conditions in the city.
Nathan Varnell, College Station, came before Council to state his support for a proactive rental
inspection program. He believes that the conditions renters face should be addressed on a city-wide
basis and all renters should be ensured some basic measures of health and safety in their homes.
Leasa DeCuir, College Station, came before Council to highlight that this issue is not limited to
apartment style units but includes homes rented to families. She believes the city should have some
program to safeguard the safety of renters.
Jeff Wigginbotham, College Station, came before Council to speak about his experiences with an
apartment he rented in the city. He believes that a proactive approach to rental inspections could help
improve the health of the community.
Jessica Williams, College Station, came before Council to speak about a resolution passed by the
student senate in support of a citywide proactive rental inspection program.
Alexia Hernandez, College Station, came before Council in support of a proactive rental inspection
program as a way to improve living and health in the community.
Brian Alg, College Station, came before council to request information be provided on economic
benefit from some of the proposed certificates of obligation.
6. WORKSHOP ITEMS
These items were taken out of order, 6.2 was taken first.
6.1. Presentation, discussion, and possible action regarding off-street parking requirements.
Jesse Dimeolo, Planning and Development, explained that this item is a part of the Plan of Work, the
Planning and Zoning Commission requested that staff explore the option of reducing or eliminating
off-street parking requirements for certain uses and/or areas. This presentation provided an overview
of the minimum off-street parking requirements in the Unified Development Ordinance (UDO)
Section 7.3 and suggestions on potential changes to the ordinance to modify or remove parking
minimums for certain uses and/or areas of the city. Mr. Dimeolo stated that reducing and/or
eliminating minimum parking requirements can have significant benefits for a community, such as
allowing land that would otherwise be used for predominately empty parking lots to be used for more
productive development or recreational areas; improving the walkability of a community; and
reducing the cost of development. This item explored what other peer cities are currently doing
regarding parking requirements and help cultivate discussion as to the appropriate path to pursue. Staff
is seeking direction from the City Council on this topic.
The Planning & Zoning Commission heard this item at their May 19, 2022, Regular Meeting. The
Commission added comments and suggestions with an overall theme of support for the item moving
forward, especially for commercial uses. The Commission did express concern with reducing off-
street parking requirements in residential neighborhood areas.
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Council directed staff to move forward with evaluating off-street parking requirements, including
reducing and/or eliminating requirements in targeted areas such as redevelopment districts, reducing
them for nonresidential uses, as well as looking at potentially implementing maximum off-street
parking requirements. There was not a desire to reduce them for residential uses at this time.
6.2. Presentation, discussion, and possible action regarding an update from the Regional
Mobility Authority (RMA) provided by Daniel "Barry" Moore.
Barry Moore, Regional Mobility Authority (RMA), stated that the organization is seeking a
referendum for a vehicle registration fee to be used on local projects. He requested that council
consider a resolution in support of these community projects.
Potential Projects
Near Term: Intersection of Arrington Road and William D. Fitch
Intermediate Term: Access to Rellis Campus at Highway 21 and Highway 47
Long Term: A potential Inner East Loop
7. 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 7.6, 7.7, and 7.11 were pulled from Consent for clarification.
(7.6) Debbie Eller, Community Services, stated that last June the City Council provided feedback for
staff to pursue an Interlocal Agreement with Grimes County similar to the agreement with Burleson
County. She clarified that the City does not have the ability to unilaterally annex land and thus grow
southeastward in predictable manner. There is a sizeable amount of flood hazard area in the Grimes
County portion of the City’s ETJ. Utility service to this region is not economical as there are sizeable
BTU and Wellborn SUD certificated areas to the southeast, and thus a lack of planned College Station
utilities for the area.
(7.7) Ian Whittenton, City Secretary’s Office, stated that this item is an update to the Council Meeting
Procedures which was last revised in 2010 by City Council. With changes over the years and since the
pandemic, staff was directed by the Council to update the procedures. Suggested language from Legal
and City Secretary has been added for the Council’s consideration. The proposed changes will provide
more citizen participation during the council meetings, online participation, and speaker protocol.
(7.11) Bryan Woods, City Manager, stated that this item could qualify the city for potential emergency
relief funds, though he is not aware of any we may currently qualify for by renewing the order.
7.1. Presentation, possible action, and discussion of minutes for:
May 23, 2022 Special Meeting
May 26, 2022 Council Meeting
7.2. Presentation, discussion, and possible action on the second reading of a franchise agreement
Ordinance No. 2022-4357 with BCS Curb Appeal Maintenance, LLC for the collection of
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recyclables from commercial businesses and multi-family locations.
7.3. Presentation, discussion, and possible action on the first reading of a franchise agreement
ordinance with Rocking H Dumpsters LLC for the collection of recyclables from commercial
businesses and multi-family locations.
7.4. Presentation, discussion, and possible action regarding Resolution No. 06-09-22-7.4
adopting a substantial amendment to the 2021 Annual Action Plan to include $1,740,263 of
HOME Investment Partnership Program - American Rescue Plan funding and approving the
City of College Station HOME Investment Partnerships Program - American Rescue Plan
Allocation Plan to allow for the provision of homelessness assistance and supportive services.
7.5. Presentation, discussion, and possible action regarding a professional services contract with
SynchroGrid, LLC. for $400,000 for protection and controls electrical engineering services.
7.6. Presentation, discussion, and possible action regarding an Interlocal Agreement between
the City of College Station and Grimes County regarding subdivision authority in the
extraterritorial jurisdiction.
7.7. Presentation, discussion, and possible action regarding City Council’s updated Council
Meeting Procedures.
7.8. Presentation, discussion, and possible action regarding Ordinance No. 2022-4358 amending
Chapter 2, “Administration,” Article I, “In General,” of the Code of Ordinances of The City of
College Station, Texas, by adding Sec. 2-3., “City Boards, Commissions and Committees,”
relating to general rules established for city-council appointed boards, commissions, and
committees.
7.9. Presentation, discussion, and possible action regarding an updated Boards, Committees,
and Commissions Handbook.
7.10. Presentation, discussion, and possible action regarding Change Order No. 4 in the amount
of $118,806 to the professional services contract with Freese and Nichols, Inc. for the Lick Creek
Wastewater Treatment Plant Capacity Expansion Project.
7.11. Presentation, discussion, and possible action regarding Ordinance No. 2022-4359
consenting to and extending the Mayor's renewal of a disaster declaration due to a public health
emergency.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick,
the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items except for
7.6, 7.7 and 7.11, the was pulled for a separate vote. The motion carried unanimously.
(7.6) MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Harvell, the City Council voted three (3) for and four (4) opposed, with Councilmembers Crompton,
Brick, Harvell, and Maloney voting against, to approve an Interlocal Agreement between the City of
College Station and Grimes County regarding subdivision authority in the extraterritorial jurisdiction.
The motion failed.
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(7.7) MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Harvell, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Item 7.7
as it appears on the dais including a change that meetings shall commence no earlier than 6:00 p.m.
The motion carried unanimously.
(7.11) MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Maloney, the City Council voted seven (6) for and one (1) opposed, with Councilmember Cunha
voting against, to approve an ordinance consenting to and extending the Mayor's renewal of a disaster
declaration due to a public health emergency. The motion carried.
8. REGULAR ITEMS
8.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022-
4360 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 boundaries from C3 Light Commercial to GC General
Commercial on approximately 1.26 acres of land located at 4180 State Highway 6 South.
Derrick Williams, Planning and Development, stated that this request is to rezone approximately 1.26
acres of land where the Arts Council of Brazos Valley is located from C-3 Light Commercial to GC
General Commercial. The C-3 Light Commercial zoning district was retired in 2003 with the original
adoption of the Unified Development Ordinance, and very few C-3-zoned properties still exist today.
The district was intended to provide locations for commercial sites too small for many permitted uses
in the GC General Commercial district and that are low traffic generators. Mr. Williams explained
that with low traffic uses, the C-3 district does not allow the use of freestanding signage. The Arts
Council moved onto the subject property when it was already developed. Also, while the Arts Council
is an allowed use on their site, they would like to update the zoning to a current and more suitable
district that would allow for better sign visibility along the highway.
The Planning and Zoning Commission heard this item at their May 19, 2022, meeting and voted
unanimously to recommend approval. Staff also recommends approval of the rezoning.
At approximately 8:02 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:02 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022-
4360, 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 boundaries from C3 Light Commercial to GC General Commercial on
approximately 1.26 acres of land located at 4180 State Highway 6 South. The motion carried
unanimously.
8.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022-
4361 amending Appendix A, “Unified Development Ordinance,” Section 2.3 “Zoning Board of
Adjustment”, Section 3.17 “Written Interpretation”, Section 3.19 “Variance”, and Section 3.20
“Administrative Appeal” of the Code of Ordinances of the City of College Station, Texas,
regarding the powers, duties, and processes of the Zoning Board of Adjustment.
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Molly Hitchcock, Planning and Development, stated that this item is a Unified Development
Ordinance (UDO) amendment is being proposed to align the ordinance with state statutes related to
the Zoning Board of Adjustment. H.B. 1475 (87th Texas Legislature) allowed, for first time, financial
hardships to be considered in variance proceedings for nonconforming structures. H.B. 2497 (86th
Legislature) allowed for appeals to ordinance interpretations not related to a specific project or address
to be brought forward by interested parties. H.B. 2497 also established a timeframe in which an
administrative appeal may be made and how it is to be processed. Proposed amendments to Section
3.17 “Written Interpretation” and 3.20 “Administrative Appeal” are solely to bring current language
into compliance with state statute. Section 3.19 “Variance” too has new language that also mirrors
state statute, but also reorders the list of variance criteria into a more logical approach for discussion.
Mrs. Hitchcock explained that in addition to these necessary changes, the powers, and duties of the
Zoning Board of Adjustment (Section 2.3) are proposed to be updated to reflect all responsibilities
assigned to it throughout the Code of Ordinances of the City of College Station and by the Easterwood
Field Joint Airport Zoning Board. Having a comprehensive list of ZBA responsibilities in the UDO
will assist in the determination of the appropriate appellate body for Code variances and clearly
establish minimum notification procedures.
State Statute Changes
Current
Effect of final decision appeal on legal proceedings language
30-day deadline to appeal
Hearing and final decision at same meeting
Proposed
Effect of appeal language updated verbatim
20-day deadline to appeal
Hearing and final decision at separate meetings
The Planning and Zoning Commission heard this item at their May 19, 2022, meeting where they
voted unanimously (7-0) to recommend approval of the ordinance amendment. Staff also recommends
approval.
At approximately 8:35 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 8:35 p.m.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick,
the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022 -4361,
amending Appendix A, “Unified Development Ordinance,” Section 2.3 “Zoning Board of
Adjustment”, Section 3.17 “Written Interpretation”, Section 3.19 “Variance”, and Section 3.20
“Administrative Appeal” of the Code of Ordinances of the City of College Station, Texas, regarding
the powers, duties, and processes of the Zoning Board of Adjustment. The motion carried
unanimously.
8.3. Presentation, discussion, and possible action regarding Ordinance No. 2022-4362 amending
in its entirety Chapter 8, “Businesses,” Article XIII, “Dockless Bike Share Program".
Venessa Garza, Planning and Development, stated that Council adopted an ordinance in 2018 to
regulate and permit bike share operators in the city in response to Texas A&M University’s
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introduction of a bike share program. The ordinance currently excludes scooters and other electric
modes of transportation but since that time, electric modes have been introduced. Staff received
direction in October 2021 to amend the ordinance.
Proposed changes include:
Renaming the ordinance to Shared Micro-mobility
Allowing electric micro-mobility devices (bicycles and scooters)
Including an abandonment fee
Operator forfeits any escrow balance if they leave without taking their devices
Further defining the geofence zones
TAMU geofence
Area determined in partnership with TAMU, their operator and COCS
Other geofence zones
Areas outside TAMU owned property
Requiring ‘lock-to’ parking, rebalancing, parking hubs, cycle liability insurance, and a 15-mph
speed limit.
Including the following requirements:
Cyber liability insurance
15-mph speed limit
Rebalancing
If devices are left more than 5 days in one location, or
If 75% of available bicycle parking is occupied, or
Upon request by the City
Parking hubs
A minimum number of devices are maintained in one location
‘Lock-to’ parking
Devices must be locked to a bicycle rack or operator designated parking area
Ms. Garza explained that this item was discussed by the Bicycle, Pedestrian and Greenways Advisory
Board on April 18, 2022, and recommended approval with a proposed change to the geofence
definitions to allow operators anywhere within the city limits and only restrict them on Texas A&M
University owned property. Staff then presented proposed changes to City Council on April 28, 2022.
Council directed staff to make the above change as well update language to allow parking at transit
zones, including bus stops and shelters.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Cunha,
the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022 -4362,
amending in its entirety Chapter 8, “Businesses,” Article XIII, “Dockless Bike Share Program". The
motion carried unanimously.
9. Council Calendar
Council reviewed the calendar.
10. 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;
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information about a social, ceremonial or community event organized or sponsored by an entit y
other than the City of College Station that is scheduled to be attended by a Council 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.
Councilmember Nichols made note of City Attorney Carla Robinson’s upcoming retirement reception
and thanked her for the service she has provided to the citizens and Council.
Mayor Mooney reported on attending the 2022 International Town and Gown Association conference.
11. 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 Maloney reported on a recent visit to a Sister City in Salamanca, Mexico.
12. 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 Nichols requested an item to discuss proactive rental inspections.
The College Station City Council reconvened into Executive Session at 9:00 p.m. on June 9, 2022, in
order to continue discussing matters listed above in the minutes.
Executive Session recessed at 10:21 p.m. no vote or action was taken in Executive Session.
13. Adjournment.
There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 10:22
p.m. on Thursday, June 9, 2022.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary