HomeMy WebLinkAbout03/23/2023 - Regular Minutes - City CouncilCCM 032323 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
MARCH 23, 2023
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
John Nichols, Mayor
Council:
Mark Smith
William Wright
Linda Harvell - absent
Elizabeth Cunha
Bob Yancy
Dennis Maloney
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Adam Falco, City Attorney
Leslie Whitten, Deputy 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
Nichols via In-Person and Teleconference at 4:00 p.m. on March 23, 2023, in the Council Chambers
of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
2. Executive Session Agenda.
In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.074-
Personnel, the College Station City Council convened into Executive Session at 4:01 p.m. on March
23, 2023, to continue discussing matters pertaining to:
2.1. 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. City of College Station, et al., Cause No. 22-001122-CV-
85, in the 85th District Court, Brazos County, Texas; and
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Robert Danny Clack, II v. City of College Station, et al., Civil Action No. 4:22 -cv-02404, in
the U.S. District Court for the Southern District of Texas, Houston Division; and
Kristin Marriott v. City of College Station, Cause No. 22-002259-CV-272, in the 272nd
District Court, Brazos County, Texas; and
SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of
College Station to Change Rates for Wholesale Transmission Services; and
LaLa Vida, LLC v. City of College Station, Cause No. 23-000374-CV-272, in the 272nd
District Court, Brazos County, Texas.
2.2. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer; to wit:
City Manager
Council Self-Evaluation
3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City
Council will take action, if any.
Executive Session recessed at 6:02 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Yancy,
the City Council voted six (6) for and none (0) opposed, to accept Councilmember Harvell’s absence
request for March 23, 2023. The motion carried unanimously.
5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS.
5.1. Presentation proclaiming March 30, 2023, as the Global Meetings Industry Day.
Mayor Nichols presented a proclamation to Jeremiah Cook, Tourism Manager, Jo Beth Wolfe, Sale
Manager, Hannah Burkig, Kallie Disharoon, and Ryan Greenwood- Visit/Compete College Station
Sales Coordinators, Casey Barone- Event Coordinator, Roger Bolin and Don Castillo representing the
Southwest Electrical Metering Association and Brandy Tuck Brazos Valley Partnership Manager for
Economic Development and Community Impact at Texas A&M and proclaimed March 30, 2023, as
“Global Meetings Industry Day.”
6. Hear Visitors Comments.
Fred Dupriest, College Station, came before Council to talk about the consequences of non-
enforcement of occupancy violations and the perceived mistake which was made when the city
promised to not enforce the law.
Summary of Enforcement Cases as of March 2nd
183 Cases
163 City Initiated
20 Citizen-initiated
The current effort is unsustainable but is also not representative of the future.
Homes in Stealth Dorm neighborhoods are likely to be legalized this summer (140? of 163
cases)
Stop city-initiated investigations. If a tree falls in the forest.
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At the same time, expect an increase in citizen-initiated if the city proves it will enforce (10+)
Dramatically change the investigative process, and ordinances needed to support this.
Prima facia definition of evidence required (near automatic summons & reduces legal
review)
Contract photo documentation to 3rd party, and perhaps preparation of filings
Accept photo documentation of over occupancy submitted by the public.
Support education efforts by the University
Seek meaningful consequences for the owners (including loss of permit)
Blanche Brick, College Station, former Councilwoman Brick thanked the Council and stated that she
understands the difficult decisions they must make, but Council needs to continue enforcement of the
no more than 4 unrelated individuals per rental.
Tiffany McFarland, College Station, came before Council to speak in support of protecting
neighborhood integrity. She believes more the renters in one home the more cars on the street,
funneling cars down into one lane, blocking out buses, and driveways making the bike lanes unsafe.
Katherine Edwards, College Station, came before Council on behalf on Occupancy Enforcement
Alliance, protecting and preserving the neighborhoods. This City Ordinance was created to protect the
neighborhoods. Once these historic areas are lost, they will be gone forever.
Leigh James, College Station, came before Council regarding the occupancy enforcement law and is
confused by the lack of solutions. She listed some solutions that will give the city better recourse for
future enforcement.
Liana Vincent, College Station, speaking on behalf of the occupancy enforcement and if the law of no
more than four unrelated is not being enforced, it is breaking the law, this law needs to be enforced.
Debbie Fry, College Station, came before Council to speak for the occupancy enforcement of the
historic neighborhoods of College Station.
Tre Watson, College Station, came before Council regarding the historical black neighborhoods in the
city and a statement made at the prior Council meeting.
James Mulvey, Bryan, came before Council to bring awareness to the flooding on Vine Street and
how moving from an underground line to an above ground sewer line might make it worse.
Jason Avent, Bryan, came before Council regarding negative effects of routing a sewer line through
the wildlife corridor.
John Halsell, Bryan, came before Council to explain that he was not notified of a meeting about this
sewer line because he does not live on the North side of Pin Oak Creek, but he does live in this
neighborhood and the route of this sewer line will affect him.
Scott Hickle, Bryan, thanked the Council for the ability to discuss this situation and in hopes that there
is a decision that will be made that will be affecting the preservation of the historic Rosemary
neighborhood.
Sharon Hickle, Bryan, came before Council to voice her opinion again for Rosemary and the beauty
of the habitat that will be destroyed if this sewer line goes through this neighborhood.
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Jes Linne, Bryan, came before Council to point out that the decision to construct a new City Hall
spared no expense. He asks that the same rational to be used on this sewer line route on Rosemary.
Mr. Linne feels Council is going the cheaper route through Bryan.
Mary Linne, Bryan, came before Council regarding the two routes for the sewer line. She suggested
that gravity flow is not the only way to go, and a lift station could solve the problem.
Robert Owens, Bryan, spoke against the Rosemary sewer line, but asked Council to look at the lift
station possibility. Routing through Rosemary will take twenty trees from his property and about 15ft
from the sides of the road.
Susan Miles, Bryan, came before Council to speak against the sewer line routing through Rosemary.
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.
No items pulled for discussion.
7.1. Presentation, discussion, and possible action of minutes for:
March 9, 2023 Council Meeting
7.2. Presentation, discussion, and possible action regarding a construction contract for a roof
replacement at the College Station Utilities facility located on Graham Road with JACO Roofing
for $117,860.
7.3. Presentation, discussion, and possible action regarding a construction contract for repairs
and upgrades at the Utility Customer Service facility on Krenek Tap Road with E Contractors
for $100,931.
7.4. Presentation, discussion, and possible action regarding approval of a real estate contract
with Olive Margaret Arnold for the purchase of 2.0 acres of land at 1775 Arnold Road for
$293,600.
7.5. Presentation, discussion, and possible action regarding the second reading of franchise
Ordinance 2023-4423 with Drop and Go Dumpsters for the collection of recyclables from
commercial businesses and multi-family locations.
7.6. Presentation, discussion, and possible action ratifying an emergency purchase of one 1000
kVA and one 1500 kVA transformer from KBS Electrical Distributors in the amount of
$135,000; and one 1000 kVA and one 1500 kVA transformer from Techline Inc. in the amount
of $109,500; for electric warehouse inventory for a total amount of $244,500.
7.7. Presentation, discussion, and possible action on a one-year contract renewal with
Alexander's Contract Services, Inc. for water meter reading services not-to-exceed $335,000.
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7.8. Presentation, discussion, and possible action regarding annual clothing price agreements
with C.C. Creations for $126,000 and M&M Apparel for $54,000; totaling an estimated annual
not-to-exceed amount of $180,000.
7.9. Presentation, discussion, and possible action regarding the 2023 global opioid settlement
subdivision participation and release agreement forms with Allerg an, CVS, Walgreens, and
Walmart and authorizing the Mayor to execute the releases and any other associated documents
on behalf of the City.
7.10. Presentation, discussion, and possible action on an amendment to the Technology Services
Agreement with Paymentus Corporation for payment processing services to increase service
fees and increase the annual estimated contract amount of $1,500,000 to $1,750,000.
MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith,
the City Council voted six (6) for and none (0) opposed, to approve the Consent Items. The motion
carried unanimously.
8. WORKSHOP ITEMS
8.1. Presentation, discussion, and possible action on receiving the annual audit reports and
Annual Comprehensive Financial Report (ACFR) for the fiscal year that ended September 30,
2022.
Michael Dehaven, Assistant Director of Finance, provided an overview of the key drivers to the
increase in Unrestricted Net Position is ARPA grant revenue used to fund police salaries ($18 million),
sales tax growth and strong water and wastewater revenue due to weather conditions. In FY17, the
City started focusing on reducing retiree obligations outside of the required contributions.
Amanda Eaves with FORVIS provided reports on an audit of your financial statements and required
supplementary information: as of and for the year ended September 30, 2022 and conducted in
accordance with our contract dated July 13, 2022. The audit performed in accordance with auditing
standards generally accepted in the United States of America (GAAS) and Government Auditing
Standards issued by the Comptroller General of the United States (GAGAS) is designed to obtain
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reasonable, rather than absolute, assurance about the financial statements. The scope of our audit tests
was established in relation to the opinion unit being audited and did not include a detailed audit of all
transactions.
Government Auditing Standards
Uniform Guidance Overview and Responsibilities
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MOTION: Upon a motion made by Councilmember Yancy, and a second by Councilmember Smith,
the City Council voted six (6) for and none (0) opposed, to receive the annual audit reports and Annual
Comprehensive Financial Report (ACFR) for the fiscal year that ended September 30, 2022. The
motion carried unanimously.
8.2. Presentation, discussion, and possible action on the Texas Avenue & University Drive Area
Redevelopment Plan.
Matthew Ellis, Planning and Development, provided an update on the Texas Avenue & University
Drive Area Redevelopment Plan, an important priority project from the FY23 PDS Plan of Work that
is underway. This item comes from Comprehensive Plan Action 2.2 to prioritize and undertake
detailed plans for priority redevelopment areas. Four priority planning areas were identified during
the Comprehensive Plan update in 2021, including the Texas Avenue & University Drive Area
Redevelopment Area. Mr. Ellis stated that currently through Phase 2, this planning effort has engaged
property owners and interested residents in a process to imagine the area with a new distinct identity
that welcomes visitors and residents into the city. Other goals include incorporating vertical and
horizontal mixed-uses, supporting existing commercial uses, and providing a greater mix of housing
options to support the growing population seeking to live, work, and play near Texas A&M University.
Staff have engaged a wide audience throughout the community thus far. This included holding three
working group meetings, two property and business owner meetings, two area-wide meetings, two
meetings on the Texas A&M University campus, and a virtual area-wide meeting, as well as launching
a virtual engagement website to gather additional feedback. Users can submit feedback on a map
survey where they can leave location-specific comments, as well as submit surveys directly giving
feedback to staff on the goal language. Additionally, staff is directly engaging with property
developers with significant ties in the area, representatives from the Texas Department of
Transportation, and Texas A&M University on future projects in the planning area. Staff also continue
to coordinate internally to ensure the plan’s development meets the needs of all departments and
maintains the City’s excellent services.
The Crossing Goals: 1) Build a vibrant and distinct identity for The Crossing that embraces an
attractive urban form with versatile public spaces; 2) Provide a safe and connected multi-modal
mobility system designed to support all modes traveling to, from, and throughout the district; and 3)
Ensure the availability of residential and commercial opportunities throughout the district.
Eastgate Main Goals: 1) Enhance the existing historic identity of Eastgate Main by enabling and
incentivizing appropriate and contextual infill, redevelopment, and revitalization; 2) Strengthen the
existing multi-modal mobility system to support a diversity of modes of travel; and 3) Support the
interests of current residents and businesses while redevelopment occurs.
8.3. Presentation, discussion, and possible action regarding updates to the City Council's
Strategic Plan.
Ross Brady, Assistant to the City Manager, provided an updated Strategic Plan that reflects changes
requested by the Council during the Council's strategic planning retreat held February 20-21. On the
Financial Sustainability, Core Services and Infrastructure, Improving Mobility, and Sustainable City
there were no changes. As for the FY24 Strategies, items removed which were already underway or
completed including: Medical Examiner’s Office, Parks facilities including tennis courts, baseball
storage at Bachmann, outdoor restrooms at the Lincoln Center, and Improvements to Mabel Clare
Thomas Park; Phase 2 of Texas Independence Ballpark was removed, as well as the Evaluate Library
Services.
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Good Governance
The City will ensure all agreements with external entities are fair and beneficial to the citizens
of College Station.
Neighborhood Integrity
The city strives to ensure citizens are satisfied with the quality of life in their neighborhoods.
The city will strive to have proactive code enforcement.
Diverse & Growing Economy
The city will foster a culture of entrepreneurship.
FY24 Strategies
Explore options for a community recreation center, convention center, or a combination of the
two.
Provide options for affordable, dense, housing options in Northgate, Wolf Pen Creek, and other
targeted areas to relive housing pressure in existing neighborhoods.
Work with contractors to ensure multimodal infrastructure is included in project design.
Develop new, broader relationship with Brazos Transit, based on federal direction, including
the need for local representation.
MOTION: Upon a motion made by Councilmember Smith, and a second by Councilmember Wright,
the City Council voted five (5) for and one (1) opposed, with Councilmember Yancy voting against
to approve updates to the City Council's Strategic Plan with changes. The motion carried.
9. REGULAR ITEMS
9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023-
4424 amending Appendix A of the Code of Ordinances, “Unified Development Ordinance,”
Article 3, "Development Review Procedures, " Section 3.16, “Conditional Use Permits,”
regarding conditional use permits.
Molly Hitchcock, Planning and Development, stated that at their August 25, 2022 workshop meeting,
the City Council heard a presentation from the Police Department regarding the current conditions of
the Northgate Entertainment District and future options for improvement. One of the long-term
solutions offered to Council to improve the environment of Northgate was to implement Conditional
Use permits for bars, like elsewhere in the city. Currently, nightclubs, bars, and taverns are allowed
by Conditional Use permit in College Station, except for the Northgate zoning di stricts, where they
are allowed by right. The Council directed staff to explore this and other solutions that were discussed.
Mrs. Hitchcock went on to state that staff continues to research solutions as directed but have identified
a need to amend the current Conditional Use permit process as proposed. She noted that while the
proposed changes originated from research regarding nightclubs, bars, and taverns, the amendment
does not solely apply to these land uses but will affect all Conditional Use permits in the city. The
proposed ability of the UDO Administrator to approve minor changes to a Conditional Use will allow
for a more efficient Conditional Use permitting process. The UDO allows the Administrator similar
discretion for minor adjustments to development standards and Planned Development District
Concept Maps, and the process is similar to the practice in other communities in Texas. Without
language regarding the end of use, a Conditional Use may continue at a location until the use is
amended, has been replaced by a different use, or the property rezoned. The proposed amendment will
clearly state when a Conditional Use expires. A process is also defined to allow for the reconsideration
and possible revocation of Conditional Uses permits that were obtained fraudulently, where the
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conditions of approval were violated, the uses were expanded without permission, or there were
convictions of other code or ordinance violations.
The UDO defines the process for permitting a Conditional Use, but it does not speak to minor changes
or the duration, suspension, revocation, or expiration of a Conditional Use. The proposed amendment:
1. Makes minor formatting changes to capitalize defined terms.
2. Gives the UDO Administrator the ability to approve minor changes to a Conditional Use
permit when structure heights are not increased, a building expansion is 10% or less, the
building and/or use does not become closer to adjacent residential uses, and required open
space is not reduced. More substantial changes would still require City Council approval
through a new Conditional Use permit.
3. States the duration of a Conditional Use permit.
4. Defines the terms by which a Conditional Use expires.
5. Gives the City the ability to temporarily suspend a Conditional Use for public health and safety
reasons (24 hours or until the danger is removed).
6. Clarifies that it is unlawful to violate the terms of a Conditional Use permit.
7. Establishes the City’s ability to revoke a Conditional Use permit, for what reasons, and the
process to do so.
The Planning and Zoning Commission heard this item at their March 2, 2023 meeting where they
voted 5-1 to recommend approval. Staff also recommends approval of the ordinance amendment.
At approximately 8:17 p.m., Mayor Nichols opened the Public Hearing.
Robert Grabowski, College Station, came to Council to speak as a bar owner in Northgate. He
explained that his stakes in Northgate is not just the money, but this is his lively hood and he wants
the area to be attractive and prosperous for all.
There being no further comments, the Public Hearing was closed at 8:21 p.m.
MOTION: Upon a motion made by Councilmember Wright, and a second by Councilmember
Maloney, the City Council voted five (5) for and one (1) opposed, with Councilmember Yancy voting
against, to adopt Ordinance No. 2023-4424, amending Appendix A of the Code of Ordinances,
“Unified Development Ordinance,” Article 3, "Development Review Procedures, " Section 3.16,
“Conditional Use Permits,” regarding conditional use permits. The motion carried.
9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023-
4425 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 MF Multi -Family to MH Middle
Housing for approximately 1.12 acres being Lots 13-16 of the Cooner Addition, generally located
at 301, 303, 305, and 307 Cooner Street.
Robin Macias, Planning and Development, stated that this request is to rezone approximately 1.12
acres of land being four platted lots generally located at 301, 303, 305, and 307 Cooner St from MF
Multi-Family to MH Middle Housing. The subject properties were platted in 1940 and are currently
developed as single-family homes. It is the applicant’s intent to redevelop the lots to build duplexes.
Mrs. Macias explained that the uses allowed by the proposed zoning district are generally marketable
for the area. The applicant mentions that the properties are close to Texas A&M University and will
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serve the student population, and while the current uses allowed are marketable, duplexes are equally
as appropriate and marketable for these lots.
The Planning and Zoning Commission heard this item at their March 3, 2023 meeting and voted 5 - 1
to recommend approval. Staff also recommends approval.
At approximately 8:34 p.m., Mayor Nichols opened the Public Hearing.
There being no further comments, the Public Hearing was closed at 8:34 p.m.
MOTION: Upon a motion made by Councilmember Yancy, and a second by Councilmember Wright,
the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2023-4425, amending
Appendix A of the Code of Ordinances, “Unified Development Ordinance,” Article 3, "Development
Review Procedures, " Section 3.16, “Conditional Use Permits,” regarding conditional use permits.
The motion carried unanimously.
9.3. Presentation, discussion, and possible action on Resolution No. 03-23-23-9.3 approving and
adopting the City’s Public Private Partnership (P3) Program Guidelines.
Mary Ellen Leonard, Director of Finance, stated that to assist municipalities with their growing
infrastructure and government facility needs, the State of Texas enacted the Public and Private
Facilities and Infrastructure Act (the “Act”) to allow greater use of p ublic-private partnerships (P3).
The Act allows for partnerships between public and private entities as an alternate method of
procurement to expedite the timing and reduce the costs of such projects. The purpose of the Act is to
provide governmental entities with the greatest possible flexibility in contracting with private entities
or other persons to provide public services through Qualifying Projects. The Act became effective
September 1, 2011 and is codified as Chapter 2267 of the Texas Government Code. Mrs. Leonard
explained that by approving and adopting the P3 Program Guidelines, City Council is permitting the
use and utilization of public private partnerships and publicly recording the P3 Program Guidelines to
encourage private entity participation, creativity, and competition, and to guide the selection of
Qualifying Projects.
MOTION: Upon a motion made by Councilmember Maloney, and a second by Councilmember
Yancy, the City Council voted six (6) for and none (0) opposed, to approve Resolution No. 03-23-23-
9.3, amending Appendix A of the Code of Ordinances, “Unified Development Ordinance,” Article 3,
"Development Review Procedures, " Section 3.16, “Conditional Use Permits,” regarding conditional
use permits. 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 Council Member,
another city official or staff of the City of College Station; and announcemen ts involving an
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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 Wright announced that he will be dancing in the Health for it All "Dancing for the
Health of It" on Saturday, April 1, 2023.
Councilmember Maloney recognized Caroline “Missy” Green retirement from Public Works.
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 at this time.
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.
Councilmember Wright requested a future discussion on 18-wheeler parking.
14. Adjournment.
There being no further business, Mayor Nichols adjourned the Meeting of the City Council at 9:05
p.m. on Thursday, March 23, 2023.
________________________
John P. Nichols, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary