HomeMy WebLinkAbout09/08/2022 - Regular Minutes - City CouncilCCM090822 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
SEPTEMBER 8, 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
Adam Falco, City Attorney
Leslie Whitten, 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 September 8, 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 September 8, 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
• Shana Elliott and Lawrence Kalke v. The City of College Station, et al.
• Robert Danny Clack, II v. The City of College Station, et al.
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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.
C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
• City Manager
• Council Self-Evaluation
3. Reconvene from Executive Session and take action, if any.
Executive Session recessed at 6:00 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS.
5.1 Presentation proclaiming September 17th through 23rd as Constitution Week.
Mayor Mooney presented a proclamation to the La Villita Chapter of the Daughters of the American
Revolution and proclaimed September 17-23, 2022, as Constitution Week.
5.2. Presentation proclaiming September 8th as Special Olympics Team Texas Flag Football
Day.
Mayor Mooney presented a proclamation to the Team Texas Aggies, which are: Coach Donald
Calhoun, Coach Ross Clubb, Franklin Cullen, James Everett, James Hawkins, Conner Kelly, Jeffery,
Ramsey, Matthew Amezaga, Jose Lopez, Brendan Musser, Stephen Sacarello, and Coach Fred J.
Clubb, Jr. and proclaimed September 8, 2022, as Special Olympics Team Texas Flag Football Day.
6. Hear Visitors Comments
John Nicks, Plantersville, stated he had several topics he wanted to discuss:
• He requested the city council split city council meetings over 2 days - where the executive
session and workshop items are held on Day 1. Then, recess until the following day,
reconvening at 6 pm to finish city business and not have citizens out until 11 pm. Alternatively,
he recommended following a weekly meeting schedule like Brazos County Commissioner's
Court.
• Mr. Nicks requested that Mayor Mooney and the City Council create a Disability Taskforce,
Mayor Council of Disability, or Commission on Disability. Its main focus would be to make
College Station more disability friendly.
Sherry Frisk, College Station, came before Council to report on the “Never Forget Garden” at the
Brazos Valley Veterans Memorial and report that donations have been raised in the amount of
$76,231.18, with the goal of raising another $200,000.
Tre Watson, College Station, came before Council regarding a question during last weeks Northgate
presentation, if the increase in crime was because of gang members. He cautioned that using terms
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like gang member can be stigmatizing because of its loose description of activity related to a group of
individuals.
7. WORKSHOP ITEMS
7.1. Presentation, discussion, and possible action regarding City Council's request for a
presentation regarding Proactive Rental Inspection programs.
Gus Roman, Community Services, stated that at the June 9, 2022 meeting, Council directed staff to
provide an overview of what can be included in a Proactive Rental Inspection (PRI). Staff provides a
summary of the common components of PRI, advantages and disadvantages, current programs, and
resources available, and the possible options for PRI in College Station.
Challenges & Concerns:
• Number of rental units – 27,000
• Resources to manage and monitor
• Limited property inspectors in CS
• Cost of inspection
• Standardized inspection criteria
• Privacy
• Tenant-side Code Violations
• Potentially displaced tenants
Options:
• Maintain current Rental Registration program and process.
• Focused education and outreach for tenants, property owners, and managers.
• Develop complaint process and tracking system - evaluate data.
• Include Proactive Rental Inspection as a part of Rental Registration.
• Develop a third-party Proactive Rental Inspection program.
At approximately 6:53 p.m., Mayor Mooney opened for Citizen Comments.
Jessica Williams, College Station, came before Council to support creating a pilot program in certain
areas for these inspections and stated this will give quality insurance for these students before moving
in. She would like to see Council to work with A&M Student Government on this.
Karime Ramos, College Station, stated that she comes before Council on behalf of student population
and believes that many of the rental units are unsafe. She stated she would rather pay more in rent
than a hospital bill because of something happening.
Jacob McFarland, College Station, came before Council in support of rental registration and optional
inspections.
Frey Miller, College Station, came before Council in support of the pilot program and stated it took
multiple months of contact to the landlord to have serious issues fixed. Having a rental inspection
program would help prevent these types of situations.
There being no further comments, Citizen Comments was closed at 7:05 p.m.
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Council directed staff to bring back information on developing a complaint process and tracking
system, a possible fee and fine structure, and options to develop a staffed or third-party Proactive
Rental Inspection program. Council also directed staff to look into a possible resolution with TAMU
Student Senate in support of this type of program.
7.2. Presentation, discussion, and possible action regarding City entry signage locations.
Jennifer Cain, Capital Projects, provided possible location for signage at city entry points.
Current
City Gateway Sign #1 – Hwy 6 & University Drive
City Gateway Sign #2 – Hwy 6 & Texas World Speedway
Possible
City Gateway Sign #3 – Veterans Park and University
City Gateway Sign #4 – Raymond Stotzer Pkwy and Frontage Riverside Pkwy
Mrs. Cain stated that the City Gateway Sign #1 will be moved and if we add the possible language to
signage #3, it will have to be reconfigured.
Council directed staff to reconfigure City Gateway Sign #1 located at Hwy 6 & University Drive and
work on a possible sign #3 at Veteran Park and University which will be more of a welcome to
Veterans Park sign. In addition, move forward with designs for a City Gateway Sign #4 at Raymond
Stotzer Pkwy and Frontage Riverside Pkwy.
Mayor Mooney recessed the City Council meeting at 7:49 p.m.
The City Council meeting was reconvened by Mayor Mooney at 8:02 p.m.
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 8.6 was pulled from Consent for separate vote.
8.1. Presentation, discussion, and possible action regarding the first renewal of a marketing and
advertising services agreement with Belmont Icehouse, LLC for $400,000.
8.2. Presentation, discussion, and possible action on approving the annual purchase of chlorine
gas from DXI Industries, Inc. for a not-to-exceed amount of $250,000.
8.3. Presentation, discussion, and possible action on approving the semi-annual purchase of
polymer from Polydyne, Inc. for a not-to-exceed amount of $102,000.
8.4. Presentation, discussion, and possible action on Resolution No. 09-08-22-8.4 in support of
Brazos County's bond proposition.
8.5. Presentation, discussion, and possible action on Resolution No. 09-08-22-8.5 in support of
the Regional Mobility Authority's vehicle registration fee referendum.
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8.6. Presentation, discussion, and possible action regarding Ordinance No. 2022-4386 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
Maloney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items
with the exception of Consent Item 8.6. The motion carried unanimously.
(8.6) MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting
against, to approve the Consent Item 8.6, Ordinance No. 2022-4386 consenting to and extending the
Mayor's renewal of a disaster declaration due to a public health emergency. The motion carried.
9. REGULAR ITEMS
9.1. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2022-4387
for Budget Amendment 4 amending Ordinance No. 2021-4286 which will amend the budget for
the 2021-2022 Fiscal Year in the amount of $21,491,393.
Mary Ellen Leonard, Finance Director, stated that the proposed budget amendment is to increase the
FY22 budget appropriations by $21,491,393 for increases in the cost of FY22 Electric Purchase
Power, City Hall savings transfer from Facilities CIP to Electric, Water Fund transfer to Water Risk
Mitigation Fund, Westside Park land purchase, Hotel Tax Fund transfer for Texas Independence
Ballpark at Midtown, Solid Waste Fund overtime, Economic Development professional studies,
purchase of additional police vehicles, Fire Department AFG Grant for Paramedic training, and the
old Macys land purchase. This amendment also included interfund transfers totaling $9,185,000 that
have no overall budget impact. If approved, the net revised budget appropriations will be
$408,396,234.
At approximately 8:11 p.m., Mayor Mooney opened the Public Hearing.
There being no further comments, the Public Hearing was closed at 8:11 p.m.
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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. 2022-4387,
amending Ordinance No. 2021-4286 which will amend the budget for the 2021-2022 Fiscal Year in
the amount of $21,491,393. The motion unanimously carried unanimously.
9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022-
4388 amending the Comprehensive Plan - Future Land Use & Character Map from Suburban
Residential to Neighborhood Commercial for approximately 0.16 acres, generally located at 106
Southland Street.
Items 9.2 and 9.3 were presented together.
9.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022-
4389 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 PDD Planned Development District and
GS General Suburban to PDD Planned Development District for approximately 0.75 acres
located at Southland Addition Block 2 Lots 6 & 7 and the remainder of Lots 1-5, generally
located at the intersection of Southland Street and Wellborn Road.
Robin Macias, Planning and Development, stated that the applicant is requesting an amendment to the
Comprehensive Plan Future Land Use & Character Map from Suburban Residential to Neighborhood
Commercial for approximately 0.16 acres, located at 106 Southland Street. Neighborhood
Commercial is defined as areas of commercial activities that cater primarily to nearby residents. This
Comprehensive Plan Amendment is in conjunction with the PDD Planned Development District
rezoning of this lot and the adjacent lots, which are already designated as Neighborhood Commercial.
It is the applicant’s intent to extend the existing Southwest Crossing retail center and develop a
commercial restaurant and retail space.
Mrs. Macias explained that this request is to also rezone approximately 0.75 acres of land generally
located at 1201 Wellborn Road from PDD Planned Development District and GS General Suburban
to PDD Planned Development District. A portion of the property was originally zoned PDD Planned
Development District in 2021. The applicant is requesting to add an additional 0.16-acre lot to the
portion previously zoned PDD Planned Development District and revise the Concept Plan. Mrs.
Macias explained that the applicant is requesting modifications to the SC Suburban Commercial
requirements for restaurants with a drive-thru that include being located a minimum of 150 feet from
any single-family use or zoning and the requirement that drive-thru facilities (menu board, speaker
box, pick-up window) cannot be located between the building and any single-family use or zoning.
Modifications
Section 6.4.E
• Drive-thru windows and message boards may not be located on the side of the building
adjacent to a single-family land use or zoning district.
• Restaurants with a drive-thru window must be located a minimum of 150 feet from any single-
family use or zoning district.
• Locate drive thru facilities between the building and single-family use.
• Reduce distance of requirement that drive-thru be located a minimum of 150 ft from single
family use.
Distance from pick-up window to single family property line: 126 ft (previously 59 ft)
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to the north and 82 ft to the west.
Distance from back of curb of by-pass lane to single family property line: 38 ft
(previously 36 ft)
Distance from menu board to single-family property line: 74 ft (previously 67 ft)
The Planning and Zoning Commission heard both these items at their August 18, 2022, meeting and
voted unanimously to recommend approval. Staff recommends approval of the Comprehensive Plan
Amendment and the Rezoning.
At approximately 8:21 p.m., Mayor Mooney opened the Public Hearings for Items 9.2 & 9.3.
There being no comments, the Public Hearings for Items 9.2 & 9.3 were closed at 8:21 p.m.
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 adopt Ordinance No. 2022-
4388, amending the Comprehensive Plan - Future Land Use & Character Map from Suburban
Residential to Neighborhood Commercial for approximately 0.16 acres, generally located at 106
Southland Street. The motion unanimously carried unanimously.
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 adopt Ordinance No. 2022-
4389, 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 PDD Planned Development District and GS General
Suburban to PDD Planned Development District for approximately 0.75 acres located at Southland
Addition Block 2 Lots 6 & 7 and the remainder of Lots 1-5, generally located at the intersection of
Southland Street and Wellborn Road. The motion unanimously carried unanimously.
9.4. Presentation, discussion, and possible action regarding an interlocal agreement with Brazos
County for improvements to Greens Prairie Road between Long Creek Lane and Dalton Drive.
Jennifer Cain, Capital Projects, stated that this interlocal agreement (ILA) addresses a section of the
Greens Prairie roadway outside of the City of College Station. The proposed cross section of this
roadway has two travel lanes, a continuous two-way left turn lane, and shared use paths. For the
portion of this project shared with Brazos County, the County will participate in the cost of the
improvements for a lump sum amount of $4,200,000. The City will contribute $400,000; upon
completion, the City of College Station will maintain the improvements in perpetuity. The ILA was
approved by the Brazos County Commissioners' Court on August 23, 2022.
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 approve an interlocal agreement
with Brazos County for improvements to Greens Prairie Road between Long Creek Lane and Dalton
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:
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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.
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)
Nothing to report.
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.
Nothing to report.
In accordance with the Texas Government Code §551.074-Personnel, the College Station City Council
reconvened into Executive Session at 8:32 p.m. on September 8, 2022, to continue discussing matters
pertaining to:
A. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
•City Manager
Executive Session recessed at 8:34 p.m. No vote or action was taken in Executive Session.
14.Adjournment.
There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 8:35
p.m. on Thursday, September 8, 2022.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary