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HomeMy WebLinkAbout06/23/2022 - Regular Minutes - City CouncilCCM062322 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JUNE 23, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha John Nichols – via remote Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, Interim City Attorney John Haislet, 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, June 23, 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, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:01 p.m. on June 23, 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  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 CCM062322 Minutes Page 2  Shana Elliott and Lawrence Kalke v. The City of College Station, et al. B. Deliberation on the purchase, exchange, lease, or value of real property; to wit:  Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey Road.  Property generally located at the intersection of Texas State Highway 6 and Corporate Parkway.  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 Secretary  Council Self-Evaluation 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 6:13 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. Hear Visitors Comments No one signed up to speak. 6. WORKSHOP ITEMS 6.1. Presentation, discussion, and possible actions regarding additional landscaping on Texas Avenue and converting other roadways to landscaped boulevards. Emily Fisher, Public Works Director, presented an outline of possible areas to landscape on Texas Avenue and other boulevard road sections in the city. Texas Avenue  Currently planter boxes  Cost approx. $80,000 (2018)  Other possible locations Constraints  Sight Distance  Irrigation  Buffer to maintain  Water infiltration  Funding  Utilities Other Roadways  Greens Prairie Road  Royder Road  Barron Road  Harvey Mitchell Pkwy  Wellborn Road  Dartmouth Street  George Bush Drive  WD Fitch Pkwy Potential Roadways  Rock Prairie Road East  University Drive  Harvey Road CCM062322 Minutes Page 3 Council directed staff to continue the current strategies with regards to landscaping on roadways. 6.2. Presentation, discussion, and possible action related to the current off-leash ordinance and enforcement in the City of College Station. Steve Wright, Parks and Recreation Director, stated that the College Station Code of Ordinances, Section 32-25 states except as provided in Texas Human Resources Code § 121.003, ensuring accessibility to disabled persons, or any designated "leash free" area, it shall be unlawful for any owner or person in control of any dog to keep or permit the same in or about any park or recreation area unless such dog is kept under restraint at all times by means of a leash. Off-Leash Areas Dog Parks  Barracks Park  University Park  Steeplechase Park Designated Off-leash Trail  Racoon Run located within Lick Creek Park  Parks Board restricted off-leash to Racoon Run only in 2019 Enforcement City of College Station Charter Art. II – jurisdiction granted to City Police Department  NPO – Code Enforcement and Animal Control, can issue citations  PO – College Station Police Officer, can issue citations Sample Programs  Austin: NPO Park Rangers – interpretive and educational, no citations  Houston: NPO Park Rangers – educated and trained in approach, citations issued  San Diego: Animal Control with a division specific to parks, citations issued Council directed staff to monitor Racoon Run off-leash designated area in regard to violations and bring back enforcement options in the future. Council also requested staff to review other possible off leash locations such as Smith Tract. 6.3. Presentation, discussion, and possible action related to a land management category of nature & wildlife preserves, encouraging proper practices as our city continues to grow. Steve Wright, Parks and Recreation Director, stated that while park land is protected through multiple sources, maintenance and use expectations are standardized throughout the industry. Mr. Wright explained that reviewing the possibility of an additional layer of management, Nature & Wildlife Preserve, use, intent, and protection change. Current Classifications Parks and Greenways are areas that are permanently protected from development. Such areas are preserved for their natural function or for parks, recreation, or greenways opportunities. These areas include, publicly owned open space, conservation easements, greenway trails, and public parks. Natural & Open Areas is a land use designation is generally for areas that represent a constraint to development and that should be conserved for their natural function or open space qualities. These areas include floodplains, riparian buffers, common areas, and open space. The boundaries of the CCM062322 Minutes Page 4 Natural & Open Areas land use are illustrative, and the exact location of floodplains and other physical constraints are determined during the development process. Mr. Wright explained that a proposed category within Parks & Greenways is Nature & Wildlife Preserve and the intent is a two-step process:  Develop a sub-category in the Parks Master Plan.  Develop a Land Management Plan and Program to restore and manage natural areas to provide vital ecosystem services to College Station. Council directed staff to bring back an item for options on a land management category of nature & wildlife preserves along with next steps for possible identification criteria and land management plans. 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 was pulled from Consent for clarification. (7.6) Councilmember Cunha requested if language could be added to the contract under scoop of services to direct the contractor to not park on sidewalks and bike lanes. Emily Fisher, Public Works Director, stated that it could be added but the contract would have to go back out for bid. She also explained that those issues are addressed with the contract when they are called into the city. 7.1. Presentation, possible action, and discussion of minutes for:  June 9, 2022 Council Meeting 7.2. Presentation, discussion, and possible action on the second reading of a franchise agreement Ordinance No. 2022-4363 with Rocking H Dumpsters LLC for the collection of recyclables from commercial businesses and multi-family locations. 7.3. Presentation, discussion, and possible action regarding a landscape maintenance agreement with the Texas Department of Transportation for the removal and replanting of trees located along State Highway 6. 7.4. Presentation, discussion, and possible action regarding a professional services contract with Freese and Nichols, INC. in the amount of $400,000 for the development of a City of College Station Industrial Pretreatment Program. 7.5. Presentation, discussion, and possible action regarding Ordinance No. 2022-4364 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 on the west side of Dogwood Street and adding parking on the east side of Dogwood Street. 7.6. Presentation, discussion, and possible action regarding the award of Annual Agreement for City Wide Landscape Maintenance and Mowing to Green Teams, Inc. not to exceed the amount of $1,077,221. CCM062322 Minutes Page 5 7.7. Presentation, discussion, and possible action regarding Change Order 1 to the Greens Prairie Road Widening Phase 2 Project construction contract with Larry Young Paving, Inc in the amount of $226,830. 7.8. Presentation, discussion, and possible action regarding approval of the City’s award for an Annual Price Agreement for Di-Electric Switchgears with annual expenditures not to exceed $1,584,270, awarded to Techline, Inc. 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. 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022- 4365 amending the Comprehensive Plan Future Land Use and Character Map from Suburban Residential to Neighborhood Commercial for approximately 5 acres of land, located at 2354 Barron Road. Regular Items 8.1 and 8.2 were presented together. 8.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022- 4366 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 R Rural to PDD Planned Development District on approximately 5 acres of land located at 2354 Barron Road. Derrick Williams, Planning and Development, stated that the applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Suburban Residential to Neighborhood Commercial on approximately 5 acres of land located at 2354 Barron Road. The subject property and properties to the north and west are primarily designated as Suburban Residential on the Comprehensive Plan Future Land Use and Character Map, while the property to the east is Neighborhood Commercial, and the property to the south is Institutional/Public where College Station High School is located. The comprehensive plan amendment request is in conjunction with a proposed rezoning on the property from R Rural to PDD Planned Development District with a Suburban Commercial base to allow for small-scale commercial opportunities. The Planning and Zoning Commission heard this item at their June 2, 2022, meeting and voted unanimously to recommend approval. Staff also recommends approval of the rezoning. Derrick Williams, Planning and Development, explained that the applicant is also requesting to rezone approximately 5 acres of land located where Barron Road and Victoria Road intersect from R Rural to PDD Planned Development District with a base zoning of SC Suburban Commercial. The change in the zoning district boundaries from R Rural to PDD Planned Development District, would bring small scale commercial opportunities to a vacant tract of land located at the intersection of Victoria Ave. (a 2-Lane Major Collector) and Barron Rd. (a 4-Lane Minor Arterial) Community Benefits: The applicant offers the following as community benefits:  To remove fuel sales as a permitted use. Recommendations CCM062322 Minutes Page 6  Neighborhood Meeting held April 25th on Zoom.  Heard at the June 2nd Planning and Zoning Commission Meeting.  Comp Plan: 4-1 recommendation for approval.  PDD Zoning & Concept Plan: Unanimous recommendation for approval.  Received three contacts in opposition of this project.  Staff recommends approval of the comprehensive plan amendment, rezoning and concept plan. The Planning and Zoning Commission heard this item at their June 2, 2022, meeting and recommend approval with the addition of the following community benefit:  No building on the property shall exceed a building height of 28 feet facing Victoria Avenue (northeast) and a building height of 16 feet facing Renee Lane (southwest). At approximately 8:07 p.m., Mayor Mooney opened the Public Hearing for Items 8.1 and 8.2. Billy Hart, College Station, came before Council with his concerns of traffic congestion and pedestrian safety. There being no comments, the Public Hearing for Items 8.1 and 8.2 was closed at 8:41 p.m. (8.1) MOTION: Upon a motion made by Councilmember Maloney and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022-4365, amending the Comprehensive Plan Future Land Use and Character Map from Suburban Residential to Neighborhood Commercial for approximately 5 acres of land, located at 2354 Barron Road. The motion carried unanimously. (8.2) MOTION: Upon a motion made by Councilmember Maloney and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022 -4366, 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 R Rural to PDD Planned Development District on approximately 5 acres of land located at 2354 Barron Road with condition no building on the property shall exceed a building height of 28 feet facing Victoria Avenue (northeast) and a building height of 16 feet facing Renee Lane (southwest) as well as 6 ½ ft concrete wall on the north and east side. The motion carried unanimously. 8.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022- 4367 amending Appendix A, “Unified Development Ordinance,” Article 8, "Subdivision Design and Improvements," Section 8.8 "Requirements for Park Land Dedication," of the Code of Ordinances of the City of College Station, Texas, in its entirety, including amending the official Park Zones Map and land dedication and fee amounts. Michael Ostrowski, Planning and Development Director, stated that for parkland dedication purposes, developers are required to dedicate either land and/or fee in lieu of land for new residential development (both single-family and multi-family). The intent is that this dedication or fee will offset the demand that the new residents will place on the parks system. In addition to land, developers are also required to either construct or provide a fee for the improvements of the parks’ facilities. These funds are not to be used for maintenance, but rather new or improved parks facilities. The land and improvements required for each development are to be located within the same park zone where the development is taking place. Through a couple of City Council work sessions, the City Council has CCM062322 Minutes Page 7 directed staff to make several changes to the parkland dedication requirements within the Unified Development Ordinance (UDO). While there are several changes to the ordinance, they generally fall into the following categories: zones, appeals, credits, and fees. Mr. Ostrowski explained that in terms of fees, City Council has directed staff to ensure that (1) there is a standard review of fees, (2) that the cost per acre of land reflects market costs, (3) that the park development fee recognizes passive parks, (4) that Extraterritorial Jurisdiction (ETJ) projects pay the same fee, and (5) that the fees are calculated based on current data. All these changes have been incorporated into the revised ordinance. As it relates to fees, the new ordinance includes a proportionate rate, and the City Council will need to consider what collection rate will be charged. The Parks and Recreation Board heard this item at their May 10, 2022, meeting and recommended approval. The Planning and Zoning Commission heard this item at their May 19, 2022, meeting and recommended approval. Staff recommends approval. Also, as part of the City Council action, the City Council will need to set the Collection Rate. Zones •Eliminate the distinctions of parkland dedication zones •Reduce the number of parkland dedication zones Appeals •Create an appeals section Credits •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 developments pay the same fee •Calculate the fee based on current data CCM062322 Minutes Page 8 At approximately 8:54 p.m., Mayor Mooney opened the Public Hearing. Austin McKnight, College Station, came before Council share that he believes four zones are two large. He also believes that the fee increase will impact the affordability of homes and would like to see that reconsidered. There being no comments, the Public Hearing was closed at 9:30 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022 - 4367, amending Appendix A, “Unified Development Ordinance,” Article 8, "Subdivision Design and Improvements," Section 8.8 "Requirements for Park Land Dedication," of the Code of Ordinances of the City of College Station, Texas, in its entirety, including amending the official Park Zones Map; changing the applicability to waive the dedication and fee requirements for any unit that qualifies as new, affordable housing to be sold to low-and moderate income households, as defined by the current U.S. Department of Housing and Urban Development Income Limits; and phasing in the dedication and fee amounts of the Proportionate Rate to be 60% starting October 1, 2022, 80% starting October 1, 2023, and 100% starting October 1, 2024. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Cunha, the City Council voted seven (7) for and none (0) opposed, to direct staff to bring back a policy document which will describe the process that will be used in detail and the preferred dispensation of funds in zones. The motion carried unanimously. 8.4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022- 4368 adopting the standards of care for the City's Parks and Recreation Department's elementary age (5-13) Youth Recreational Program in compliance with the exemptions for childcare licensing according to Texas Human Resources Code Section 42.041(b)(14). Steve Wright, Parks and Recreation Director, stated that the Department of Human Services and Department of Protective and Regulatory Services passed updated legislation specifically regarding the regulation of certain facilities, homes, and agencies that provide child-care services. According to Section 42.041, the services provided by the Parks and Recreation Depar tment within the City of College Station meet all exemptions to this legislation. Mr. Wright explained that however, our compliance must be evidenced through an approved Standard of Care Ordinance. In conjunction with the Legal Department, Parks & Recreation staff has drafted the ordinance for adoption. Proposed Ordinance applies to:  Elementary age (ages 5-13) recreation programs  Specifically, Parks and Recreation  Lincoln Recreation Center and Lick Creek  Park Camps  After-school and summer programming Focus of Ordinance specific to Parks and Recreation:  Staffing responsibilities – designate hierarchy  Ratios – better than industry standards  Standard = <20 youth – 1 staff  College Station Parks and Recreation = 8–1 CCM062322 Minutes Page 9 At approximately 9:35 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:35 p.m. 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 adopt Ordinance No. 2022- 4368, the standards of care for the City's Parks and Recreation Department's elementary age (5 -13) Youth Recreational Program in compliance with the exemptions for childcare licensing according to Texas Human Resources Code Section 42.041(b)(14). 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; 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 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 Cunha reported on the Police Department is having appointment fair. Mayor Mooney reported on visiting with officials from Union Pacific on railroad crossings. Councilmember Maloney reported on a swearing in ceremony for the College Station Police Department. 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 la st council meeting. (Committees listed in Coversheet) Nothing to report. 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 speci fic 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 a public hearing on naming a city facility after former Mayor, CCM062322 Minutes Page 10 Gary Halter. Councilmember Brick requested a future agenda item on the city’s Naming Policy and drafts proposed by a subcommittee. 13. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 9:43 p.m. on Thursday, June 23, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary