HomeMy WebLinkAbout09/22/2022 - Regular Minutes - City CouncilCCM092222 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
SEPTEMBER 22, 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 4:02 p.m. on September 22, 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 4:03 p.m. on September 22, 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. Consultation with attorney to receive legal advice; to wit:
Legal Advice related to short term rentals.
C. 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.
D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
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:
Economic incentives for a property generally located at the intersection of Biomedical Way
and Health Science Center Parkway.
3. Reconvene from Executive Session and take action, if any.
Executive Session recessed at 6:32 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS.
5.1 Presentation proclaiming October 5th as World Teachers' Day.
Mayor Mooney presented a proclamation to CSISD and all other area teachers and proclaimed October
5th, 2022, as World Teachers’ Day.
6. Hear Visitors Comments
John Nicks, Plantersville, came before Council to request council meetings be split over two days or
we have weekly meetings, and to consider placing page numbers for item attachments on the actual
agenda.
Tre Watson, College Station, requested Council to prepare a letter in support of reinstating the MSC
as an Early Voting location.
7. WORKSHOP ITEMS
Workshop Item 7.3 was taken out of order and discussed first.
7.1. Presentation, discussion, and possible action on the proposed “Cooling” College Station:
Five-Year Planting Plan for Urban Heat Mitigation.
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Michael Ostrowski, Planning and Development Director, presented a brief update on the past years
process leading up to the proposed “Cooling” College Station: Five-Year Planting Plan for Urban Heat
Mitigation.
September 2021
Informational presentation on heat islands
City Council requested five-year planting plan
April 2022
Presentation on five-year planting plan and residential planting program
376 trees over five years, along with 2,500 trees for residential planting program
City Council requested to increase the number of plantings
Mr. Ostrowski, explained that since then staff has identified additional planting areas, as well as
increased the density of previously proposed planting areas. With the additional areas and increased
density, the program could increase the number of trees to approximately 4,800 over five ye ars. In
addition, the 500 trees per year for the residential program would also continue, bringing the total
number of trees to about 7,300 over five years. Staff has also continued to build on partnerships for
the program. The TAMU Forest Service has graciously committed to providing $15,000/year for two
years for the city to purchase and plant trees in areas to help combat the urban heat island. In addition,
they would offer 250 seedlings for the annual residential tree distribution event.
Five-Year Planting Plan Residential Planting Program
4,787 trees 2,500 trees
Council directed staff to move forward with the proposed “Cooling” College Station: Five-Year
Planting Plan for Urban Heat Mitigation and look into funding.
7.2. Presentation, discussion, and possible action regarding options for Shady Drive.
Emily Fisher, Public Works Director, stated that Shady Drive is a dead-end street located off Francis
Drive and provided options for the repair of Shady Drive and associated costs.
Asphalt Maintenance
$36,000
Shady only
Complete Rebuild
$1,300,000
Includes Water / Wastewater
Concrete
Includes Post Oak
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At approximately 7:59 p.m., Mayor Mooney opened for Citizen Comments.
John Junkins, College Station, spoke for a group on citizens that lives on or near Shady Drive and
would like to see the road completely rebuilt, not just maintained.
There being no further comments, Citizen Comments were closed at 8:02 p.m.
Majority of Council directed staff to move forward with the asphalt maintenance but start allocating
and design for the construction cost of the complete rebuild.
7.3. Presentation, discussion, and possible action regarding the design of the Egremont Court
Rehabilitation Project. (This item was discussed before 7.1 & 7.3)
Jennifer Cain, Capital Projects, presented the design progress on the Egremont Court Rehabilitation
Project. The residents located on Egremont requested to mitigate the water ponding observed along
the end of the cul-de-sac. The FY22 Budget Amendment #1 allocated $150,000 for this project. Mrs.
Cain explained the current conditions of Egremont Court: Egremont Court slopes in the direction of
Odell Ln and the storm drains along the street. The cul-de-sac is relatively level at the entrance, bulges
up toward the center, and slopes gently back towards the curb along the northern side and around the
perimeter; and the Water runoff from the adjacent properties and on the northern portion of the cul-
de-sac does not drain and accumulates along the perimeter.
Design Engineer Identified Alternatives
1. Install storm inlet at the northern end of the cul-de-sac and run storm drain through and
existing PUE to Victoria and then eastward to an existing inlet and repair the cul-de-sac.
2. Install storm inlet at the northern end of the cul-de-sac and run storm drain through and
existing PUE to Victoria and then westward to an existing inlet and repair the cul-de-sac.
3. Install storm inlet at the northern end of the cul-de-sac and run storm drain south to
existing storm inlet and repair the cul-de-sac.
Staff is recommended Option 2 as it will be shortest route and have the least impact
Shortest Route:
Option 1: approximately 405 LF of pipe
Option 2: approximately 215 LF of pipe
Option 3: approximately 460 LF of pipe
Least Impact:
Option 1: uses existing PUE, impacts approximately 265 LF of sidewalk that would need to
be removed and replaced, impacts 5 driveways in the cul-de-sac.
Option 2: uses existing PUE, impacts approximately 60 LF of sidewalk that would need to be
removed and replaced, impacts 5 driveways in the cul-de-sac.
Option 3: uses existing ROW, impacts the entire cul-de-sac with about 100 LF of pipe placed
beneath it, approximately 365 LF of sidewalk, impacts 5 driveways in the cul-de-sac, and 5
additional driveways along Egremont.
Council gave direction to move forward with the design of the Egremont Court Rehabilitation Project
as recommended by staff.
8. CONSENT ITEMS
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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.
Tanya Smith, City Secretary, made note that corrections were made to Consent Item 8.1 City Council
Minutes for September 8, 2022.
At approximately 8:08 p.m., Mayor Mooney opened for Citizen Comments.
John Nicks, Plantersville, came before Council to support Consent Item 8.3 the contract with Axon
Enterprise Inc. in the amount of $6,417,557.66.
There being no further comments, Citizen Comments were closed at 8:09 p.m.
8.1. Presentation, discussion, and possible action of minutes for:
August 25, 2022 Council Meeting
September 8, 2022 Council Meeting
8.2. Presentation, discussion, and possible action on Resolution No. 09-22-22-8.2 approving the
City’s investment policy, reviewing, and recording changes to such policy and strategy,
approving a collateral policy, and designating investment officers for the fiscal year ending
September 30, 2023, stating that the City Council has reviewed and approved the City's
investment policy, broker-dealer list and investment strategy.
8.3. Presentation, discussion, and possible action on a ten-year agreement with Axon Enterprise,
Inc. (“AXON”) for the purchase and support of products and services including body cameras,
fleet cameras, electronic control devices, digital storage, and associated reporting systems for an
amount not to exceed $6,417,557.66.
8.4. Presentation, discussion, and possible action regarding City of College Station Excess
Liability and Workers’ Compensation Insurance, Property/Boiler & Machinery, Commercial
Crime, EMT Liability, Auto Property Damage, Cyber Liability, Unmanned Aircraft liability
and property; Special Events policies for Fiscal Year 2023. FY23 premiums for all lines of
coverage are not to exceed $1,080,000.
8.5. Presentation, discussion, and possible action on approving a five-year master services
agreement for utility billing software and services with Origin Utility, Inc. not to exceed
$2,273,185.09.
8.6. Presentation, discussion, and possible action on authorizing additional expenditures up to
$500,000 for the purchase of fuel through an existing contract with Fikes Wholesale, Inc.;
bringing the total annual estimated expenditure to $1,900,000.
8.7. Presentation, discussion, and possible action regarding Change Order No. 1 for an amount
not to exceed $70,000 to the construction contract with Larry Young Paving for the Rock Prairie
Road West Project.
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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 the Consent Items.
The motion carried unanimously.
Mayor Mooney recessed the City Council meeting at 8:09 p.m.
The City Council meeting was reconvened by Mayor Mooney at 8:21p.m.
9. REGULAR ITEMS
9.1. Public Hearing, presentation, discussion, and possible action approving Ordinance No.
2022-4390 vacating and abandoning a 0.087-acre portion of a 15-foot Public Utility Easement,
said portion lying due east of the terminus of Biomedical Way, of the Traditions Subdivision
Phase 23 according to the easement agreement recorded in Volume 13417, Page 155, of the
Official Records of Brazos County, Texas.
Anthony Armstrong, Planning and Zoning, stated that the 0.087-acre public utility easement
abandonment located due east of the current terminus of Biomedical Way Drive is being requested by
the applicant because of a desire to expand the existing building to this area. There is existing
infrastructure within the easement that is part of a current Site Plan application that will remove the
waterline located here.
At approximately 8:32 p.m., Mayor Mooney opened the Public Hearing.
There being no further comments, the Public Hearing was closed at 8:23 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-
4390, vacating and abandoning a 0.087-acre portion of a 15-foot Public Utility Easement, said portion
lying due east of the terminus of Biomedical Way, of the Traditions Subdivision Phase 23 according
to the easement agreement recorded in Volume 13417, Page 155, of the Official Records of Brazos
County, Texas. The motion unanimously carried unanimously.
9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022-
4391 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 GS General Suburban to GS General
Suburban and ROO Restricted Occupancy Overlay on approximately 9.86 acres of land, being
26 lots within North Forest Estates, Block 1 and 2, generally located along Justin Avenue.
Alyssa Halle-Schramm, Planning and Zoning, stated that This request is to rezone approximately 9.86
acres being 26 lots within the North Forest Estates subdivision from GS General Suburban to GS
General Suburban and ROO Restricted Occupancy Overlay. This request is to add the ROO, which is
a single-family overlay zoning district, to the existing base zoning within the North Forest Estate
subdivision boundaries. The ROO overlay is intended to provide subdivision-specific occupancy
regulations – not to exceed two unrelated persons per single-family dwelling or accessory living
quarter. The Petition Committee, comprised of North Forest Estates homeowners, has met all
requirements of the ROO application process. The Petition Committee submitted the application
materials including the ROO petition that contained 20 total signatures. City staff were able to verify
19 of the 20 signatures, representing 73.1% of the subdivision in support of the requested ROO.
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Ms. Hall-Schramm explained that staff held a required City-hosted neighborhood meeting for the
North Forest Estates ROO request on August 9, 2022. There were five residents in attendance, three
from North Forest Estates who signed the petition in support of the ROO, one participating remotely
on Zoom who did not provide comment, and one from the nearby North Forest subdivision who was
interested in learning about the ROO application and whether it applied to his property, which it does
not.
The Planning & Zoning Commission heard this item at their September 1, 2022 meeting and voted 4-
2 to recommend approval.
At approximately 8:46 p.m., Mayor Mooney opened the Public Hearing.
There being no further comments, the Public Hearing was closed at 8:46 p.m.
MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember
Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting
against, to adopt Ordinance No. 2022-4391, 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 GS
General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay on approximately
9.86 acres of land, being 26 lots within North Forest Estates, Block 1 and 2, generally located along
Justin Avenue. The motion unanimously carried unanimously.
9.3. Presentation, discussion, and possible action on the Small Area Plan Audit.
Naomi Sing, Planning and Development, presented the Small Area Plan Audit that included findings
from the audit process, implementation highlights, challenges of the small area planning process, and
recommendations to improve future planning efforts, peer city research, next steps, and maps and
implementation charts of each plan. The five plans evaluated through this audit are the Central College
Station Neighborhood Plan, the Eastgate Neighborhood Plan, the Southside Area Neighborhood Plan,
the South Knoll Area Plan, and the Wellborn Community Plan.
From the audit process and conversations with peers, City staff developed four key recommendations
for future small area planning efforts: 1) Develop a clear implementation tracking strategy early in the
plan creation process that ideally includes plan action tracking software to support collaboration across
City departments. 2) Distinguish between actions that are the responsibility of the city to implement
and those that must be neighborhood-led. 3) Develop specific and quantifiable actions that lead to
measurable outcomes. 4) Set clear planning horizons with sunset provisions that expire plans after a
certain date.
This item was presented to the Planning & Zoning Commission on September 1, 2022, where the
Commission unanimously recommended acceptance of the Small Area Plan Audit and its findings.
Staff recommends that Council receive the presentation and accept the audit.
At approximately 9:11 p.m., Mayor Mooney opened for Citizen Comments.
Veronica Morgan, College Station, came before Council in support of the small area plan and pressed
upon Council to stay on schedule with the timeline.
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There being no further comments, Citizen Comments were closed at 9:13 p.m.
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 Small Area Plan
Audit. The motion unanimously carried unanimously.
9.4. Public Hearing, presentation, discussion, and possible action regarding an ordinance
amending Appendix A, “Unified Development Ordinance,” Article 6, "Use Regulations,"
Section 6.3 "Types of Use,” Section 6.4 "Specific Use Standards,” Article 7, "General
Development Standards," Section 7.2 "General Provisions,” Section 7.3 "Off -Street Parking
Standards,” Section 7.6 "Landscaping and Tree Protection,” Section 7.7 "Buffer
Requirements,” Article 11, "Definitions," Section 11.2 "Defined Terms,” of the Code of
Ordinances of the City of College Station, Texas, regarding the creation of a new use called
Shared Housing.
Michael Ostrowski, Planning and Development Director, presented at two City Council workshops
(5/27/2021 and 4/28/2022) on options to preserve neighborhood character / integrity. One of the items
coming out of the workshops was to address issues relating to the increasing number of properties that
are redeveloping into a Shared Housing type use, which may not be compa tible with the other
residential uses within the area. To address the concerns, one of the first steps is to define the use
within the Unified Development Ordinance (UDO). Therefore, staff proposed to create a use and
related definition for Shared Housing. Shared Housing, also known as “Stealth Dorms” or “Ag
Shacks” are uses that typically facilitate allowing more than four unrelated persons within a structure,
which exceeds the definition of Family. However, because the structures are currently categorized as
single-family, they have been allowed to develop as single-family within residential neighborhoods.
Section 6.3 – Add Shared Housing to the use table and make it a permitted use within the MF
– Multi-Family and Northgate districts. The intent would also be to make them a permitted
use within the MH – Middle Housing district once it is created.
Section 6.3 – Remove the Northgate High-Density Dwelling Unit as the Shared Housing use
would replace it.
Section 7.2 – Require that structures with Shared Housing uses would be subject to the Low-
Density Residential Height Protection requirements.
Section 7.3 – Set the parking standards for Shared Housing uses to one per room that are at
least 70 s.f. in area, excluding a kitchen, a living room, and a laundry room. The Administrator
may also exclude additional rooms, but not below the number of bedrooms.
Section 7.7 – Require Shared Housing uses to buffer to lower classification uses or zoning
districts.
Section 11.2 – Remove the Northgate High Density Dwelling Unit definition, as it is being
replaced by the Shared Housing use.
The Planning and Zoning Commission heard this item at their 9/1/22 meeting and unanimously
recommended approval. Staff also recommends approval.
At approximately 9:33 p.m., Mayor Mooney opened the Public Hearing.
Madeline Reed, College Station, came before Council to express her concerns on the way this
ordinance is structured. Ms. Reed explained that she has several homes in this area that will be her
retirement when she decides to sell but if this ordinance is passed it will turn potential rental homes
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into single family housing surrounded by student housing. This will decrease this value when she
decides to sell.
Brian Alg, College Station, stated that this proposed ordinance gives open ended authority to the
administrator which will cause litigations and block construction.
Veronica Morgan, College Station, came before Council to express her concerns on how the proposed
ordinance will be implemented. For example, the 2 miles radius might be subjective, or by
unintentionally restricting game day housing.
Chad Hoovey, College Station, stated that he received numerous calls commenting this item should
be tabled to hold stakeholder meetings.
There being no further comments, the Public Hearing was closed at 9:45 p.m.
MOTION: Upon a motion made by Mayor Mooney, and a second by Councilmember Cunha, the
City Council voted seven (7) for and none (0) opposed, to postpone to October 13, 2022 Council
Meeting, an Oridnance amending Appendix A, “Unified Development Ordinance,” Article 6, "Use
Regulations," Section 6.3 "Types of Use,” Section 6.4 "Specific Use Standards,” Article 7, "General
Development Standards," Section 7.2 "General Provisions,” Section 7.3 "Off-Street Parking
Standards,” Section 7.6 "Landscaping and Tree Protection,” Section 7.7 "Buffer Requirements,”
Article 11, "Definitions," Section 11.2 "Defined Terms,” of the Code of Ordinances of the City of
College Station, Texas, regarding the creation of a new use called Shared Housing. The motion carried
unanimously.
10. Council Calendar
Council reviewed the calendar.
11. Items of Community Interest: The Council may receive reports from a Council Member or
City Staff about items of community interest for which notice has not been given, including:
expressions of thanks, congratulations or condolence; information regarding holiday schedules;
honorary or salutary recognitions of a public official, public employee, or other citizen;
reminders of upcoming events organized or sponsored by the City of College Station;
information about a social, ceremonial or community event organized or sponsored by an entity
other than the City of College Station that is scheduled to be attended by a Coun cil Member,
another city official or staff of the City of College Station; and announcements involving an
imminent threat to the public health and safety of people in the City of College Station that has
arisen after the posting of the agenda.
Nothing to report.
12. Council Reports on Committees, Boards, and Commission: A Council Member may make a
report regarding meetings of City Council boards and commissions or meetings of boards and
committees on which a Council Member serves as a representative that have met since the last
council meeting. (Committees listed in Coversheet)
Councilmember Nichols reported on the Brazos County Board of Health.
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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 th e subject of a request will be limited to a
proposal to place the subject on the agenda for a subsequent meeting.
Councilmember Crompton requested that an update from Unlimited Potential be brought to Council
on October 13, 2022.
Councilmember Cunha requested a report from the City Facilities Naming Sub-Committee.
14. Adjournment.
There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 10:05
p.m. on Thursday, September 22, 2022.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary