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
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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
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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
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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.
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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
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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
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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
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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
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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,
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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