HomeMy WebLinkAbout07/25/2019 - Regular Minutes - City CouncilRM072519 Minutes Page 1
MINUTES OF THE REGULAR CITY COUNCIL MEETING
CITY OF COLLEGE STATION
JULY 25, 2019
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Bob Brick – absent
Jerome Rektorik
Linda Harvell
Elianor Vessali
John Nichols
Dennis Maloney
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Carla Robinson, City Attorney
Tanya Smith, City Secretary
Ian Whittenton, Deputy City Secretary
Call to Order and Announce a Quorum is Present
With a quorum present, the Regular Meeting of the College Station City Council was called to order
by Mayor Mooney at 6:33 p.m. on Thursday, July 25, 2019 in the Council Chambers of the City of
College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0.
1. Pledge of Allegiance, Invocation, consider absence request.
Presentation proclaiming August 7, 2019 as Professional Engineers Day.
Mayor Mooney presented a proclamation to the Texas Society of Professional Engineers,
proclaiming August 7, 2019 as Professional Engineers Day. Present to accept the proclamation was
Susan Monnat, City Engineer, Texas Society of Professional Engineers Region 2 Vice President and
Brazos Chapter State Director and other city staff related to this profession.
Recognition of awards from the Texas Daughters of the American Revolution and the National
Garden Club to A&M Garden Club.
Mayor Mooney recognized recent awards received by the A&M Garden Club and the LaVillita
Chapter of the Daughters of the American Revolution (DAR). A&M Garden Club won 1st place
nationally in the “Historic Preservation Project” category for their work with the College Station
Parks and Recreation Department and community service projects at Richard Carter Park, and 1st
Place in Publications for the educational publication “Milkweed for Monarch Butterflies.” LaVillita
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Chapter won 1st place for “Historic Preservation Contest” at the Tex as Daughters of the American
Revolution State Convention and won 2nd Place for work and activities at Richard Carter Park and
the 80th College Station Celebration event.
Hear Visitors Comments
Elianor Vessali, College Station, came before Council to honor the service and sacrifice of Army
Capt. Anthony Rick Garcia.
Jorge Sanchez, College Station, came before Council regarding what he believes are the benefits a
local farmer’s market could add to the local economy. 1) Large grocery stores and chain restaurants
dilutes the local economy; 2) For every dollar of sales, direct marketers are generating twice as much
economic activity within the region, as compared to producers who are not involved in direct
marketing; and 3) Those who shop at farmers’ markets spur local business.
Brian Alg, College Station, came before Council regarding the city’s governing principals and areas
he believes that Council should leave to the business, entrepreneurs, and other resources.
CONSENT AGENDA
2a. Presentation, possible action, and discussion of minutes for:
July 11, 2019 Workshop Meeting
July 11, 2019 Regular Meeting
2b. Presentation, discussion, and possible action on an Ordinance No. 2019-4107 authorizing
a General Election to be held on November 5, 2019, for the purpose of electing Mayor and City
Councilmember, Place 2, by the qualified voters of the City of College Station, establishing
early voting locations, polling places for this election and making provisions for conducting
the election. (Presentación, discusión, y posible acción acerca de una ordenanza 2019-4107
que autorice Elecciones Generales a celebrarse el 5 de noviembre de 2019, con el propósito de
elegir a un alcalde y los Miembros del Consejo de la Ciudad, Puesto número 2, por los votantes
calificados de la Ciudad de College Station, estableciendo los puestos de votaciones tempranas,
los centros de votaciones para estas elecciones e indicando las estipulaciones para realizar las
elecciones.)
2c. Presentation, discussion, and possible action on an interlocal government agreement with
Brazos County for the conduct and management of the City of College Station General
Election that will be held on Tuesday, November 5, 2019. (Presentación, posible acción y
discusión acerca de un acuerdo de gobierno interlocal con el Condado de Brazos para celebrar
y administrar las Elecciones Generales y elección de bonos de la Ciudad de College Station a
celebrarse el día martes 5 de noviembre de 2019.)
2d. Presentation, discussion, and possible action regarding approval of the first renewal of the
City’s annual purchase of sodium hypochlorite (bleach), which will be maintained by water
services and expended as needed. The total recommended award is $115,847 to DXI Industries.
2e. Presentation, discussion, and possible action regarding the first contract renewal with
Brazos Paving, Inc. for base failure repairs and pavement treatments in an amount not to
exceed $5,000,000.
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2f. Presentation, discussion, and possible action regarding Ordinance No. 2019-4108 amending
Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014 “Traffic
Schedule XIV, No Parking Here to Corner and No Parking Any Time,” of the Code of
Ordinances by removing parking on newly both sides of Diamondback Drive between
Arrington Road and 435 feet west of Oldham Oaks Avenue and both sides of Oldham Oaks
Avenue between Diamondback Drive and Crystal Ridge Court.
2g. Presentation, discussion, and possible action regarding Ordinance No. 2019-4109
amending Chapter 38, “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38-1014
“Traffic Schedule XIV, No Parking Here to Corner and No Parking Any Time,” of the Code
of Ordinances by removing parking on the west side of Martin Wing Way between
Diamondback Drive and Pearl River Court, the east side of Martin Wing Way between Crystal
Ridge Court and Diamondback Drive, the south side of Crystal Ridge Court from Oldham
Oaks Avenue to around the cul-de-sac, the north side of Crystal Ridge Court between Pearl
River Court and Oldham Oaks Avenue, around the cul -de-sac and north side of Pearl River
Court to Martin Wing Way, the north side of Pearl River Court between Martin Wing Way
and Crystal Ridge Court, the south side of Pearl River Court from Crystal Ridge Court to
around the cul-de-sac, the south side of Pearl River Court between 225 feet north of Crystal
Ridge Court to 375 feet north of Crystal Ridge Court, and the north side of Pearl River Court
between 345 feet south of Crystal Ridge Court and 275 feet south of Crystal Ridge Court.
2h. Presentation, discussion, and possible action regarding the mutual termination of Tax
Abatement Agreement and approval of The First Restated Economic Development Agreement
with Strategic Behavioral Health College Station, LLC.
2i. Presentation, discussion, and possible action regarding a real estate contract selling
approximately 7 acres in the College Station Business Center, Phase II, Block 6 generally
located near the intersection of State Highway 6 and Gateway Boulevard.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Rektorik, the City Council voted six (6) for and none (0) opposed, to approve the Consent Agenda.
The motion carried unanimously.
REGULAR AGENDA
1. Presentation, discussion, and possible action on the Fiscal Year 2020 BVSWMA, Inc.
Budget.
Bryan Griesbach, Executive Director of BVSWMA, Inc., presented the proposed 2020 BVSWMA,
Inc. budget, which was considered and approved by the BVSWMA, Inc. Board on June 19, 2019.
The FY2020 BVSWMA proposed budget revenue is $9,540,900; the operating expenses are
$6,800,869 and capital expenses are $3,791,000; and the total reserves, cash, & investments are
$11,232,386. The proposed budget also reduces the gate rate for both owning cities from $18.50 to
$17.50 per ton.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Rektorik, the City Council voted six (6) for and none (0) opposed, to approve the Fiscal Year 2020
BVSWMA, Inc. Budget. The motion carried unanimously.
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2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2019-4110 renaming Greens Prairie Road West between Wellborn Road and Victoria Avenue
as Victoria Avenue, Greens Prairie Road West between Victoria Avenue and Woodlake Drive
as Woodlake Drive, Greens Prairie Trail between Wellborn Road and the City limits as Greens
Prairie Road, and Greens Prairie Road West between State Highway 6 and the City limits as
Greens Prairie Road.
Jason Schubert, Planning and Development, stated that in an effort to maximize efficiency for
emergency responders including fire, police, and medical services, the City of College Station strives
to maintain street names that are clearly distinguishable from others within our local 9-1-1 service
area. He explained that the proposed street name changes were brought to the City for consideration
by the Brazos County Emergency Communications District (Brazos County 9-1-1). The name and
configuration of streets along the Greens Prairie Road West and Greens Prairie Trail have caused
confusion to the traveling public. The owners and residents of the properties that are addressed on
these roadways have been notified by letter of the proposed changes. If the proposed ordinances is
adopted, a follow up notice will be mailed to these parties to notify them that the changes have been
implemented.
The proposed street name changes along the Greens Prairie Road West and Greens Prairie Trail
corridors are depicted graphically on the attached Street Name Changes Exhibit. They are as follows:
Area 1: rename Greens Prairie Road West between Wellborn Road and Victoria Avenue as
Victoria Avenue (street numbers will also change);
Area 2: rename Greens Prairie Road West between Victoria Avenue and Woodlake Drive as
Woodlake Drive;
Area 3: Greens Prairie Trail between Wellborn Road and the City limits as Greens Pra irie
Road; and
Area 4: rename Greens Prairie Road West between State Highway 6 and the City limits as
Greens Prairie Road.
The Staff Traffic Management Team recommended the proposed street name changes at their May
9, 2019 meeting. The Council Transportation & Mobility Committee recommended the proposed
street name changes should proceed for consideration at their May 21, 2019 meeting. Staff
recommends approval of the proposed street name changes; as parts of Areas 3 and 4 are outside the
City limits, the proposed ordinance has a condition that those areas inside the City limits will become
effective only if the Brazos County Commissioners Court approves the street name changes in those
areas as well.
At approximately 7:13 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:13 p.m.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Vessali, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2019-4110,
renaming Greens Prairie Road West between Wellborn Road and Victoria Avenue as Victoria
Avenue, Greens Prairie Road West between Victoria Avenue and Woodlake Drive as Woodlake
Drive, Greens Prairie Trail between Wellborn Road and the City limits as Greens Prairie Road, and
Greens Prairie Road West between State Highway 6 and the City limits as Greens Prairie Road. The
motion carried unanimously.
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3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No.
2019-4111 amending Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision
Design and Improvements” Section 8.8 “Requirements for Park Land Dedication,” Appendix
I “Park Land Dedication And Development Fees” of the Code of Ordinances of th e City of
College Station, Texas, regarding multi-family parkland dedication.
Justin Constantino, Planning and Development, stated that per direction from the Audit Committee,
the Office of the City Internal Auditor conducted a performance audit of the City’s parkland
dedication program with the intent of analyzing the effectiveness of the program and providing
feedback for potential improvement. With audit fieldwork occurring from October 2018 through
January 2019, the resulting report identified several possible modifications to the parkland
dedication ordinance in an effort to reduce complexities in the program. The findings of the report
were presented to the City Council in March of 2019, who subsequently recommended that staff
proceed with the simplification of the ordinance and present the information to the Parks Board for
further direction.
Mr. Constantino also explained that included in the audit report is the recommendation that staff
modify the parkland dedication ordinance so that land dedication requirements for multifamily
developments are proportional to the fee-in-lieu dedication. Per the audit report, a cost neutral
conversion that results in a multi-family land dedication requirement proportional to the fee-in-lieu
of dedication may be achieved by amending the land dedication requirements for number of multi-
family bedrooms per one acre from 49 bedrooms per acre to 278 bedrooms per acre for
Neighborhood Parks and 53 bedrooms per acre to 305 bedrooms per acre for Community Parks.
The Planning and Zoning Commission considered this item on July 18, 2019 and recommended
approval. Staff also recommends approval.
At approximately 7:17 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:18 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2019-4111,
amending Appendix A, “Unified Development Ordinance,” Article 8, “Subdivision Design and
Improvements” Section 8.8 “Requirements for Park Land Dedication,” Appendix I “Park Land
Dedication And Development Fees” of the Code of Ordinances of the City of College Station,
Texas, regarding multi-family parkland dedication. The motion carried unanimously.
4. Public Hearing, presentation, discussion, and possible action regarding approval of
Ordinance No. 2019-4112 to close the Cain Road crossing of the Union Pacific Railroad with
the opening of the new Deacon Drive Union Pacific Railroad Crossing.
Emily Fisher, Assistant Director of Public Works, stated that the Cain/Deacon railroad switch project
includes the reconstruction of FM 2154 and extension of Deacon Drive across the Union Pacific
Railroad tracks to create a new at-grade railroad crossing. The project will also include the closure
of the Cain Road railroad crossing after the opening of the new Deacon Drive railroad crossing. A
city ordinance closing the Cain Road railroad crossing contingent upon the opening of the Deacon
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Drive railroad crossing is required to be included in the Union Pacific Construction and Maintenance
Agreement for the new Deacon Drive railroad crossing.
At approximately 7:27 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:27 p.m.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Rektorik, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2019-
4112, to close the Cain Road crossing of the Union Pacific Railroad with the opening of the new
Deacon Drive Union Pacific Railroad Crossing. The motion carried unanimously.
5. Presentation, discussion, and possible action regarding Resolution No. 07-25-19-05 to
support and authorize the submission of a grant application to the Texas Department of
Transportation to implement the Southwood Sidewalk Project.
Venessa Garza, Planning and Development, stated that in February of 2019, the Texas Department
of Transportation (TxDOT) issued a call for projects to local communities for funding assistance to
help enhance bicycle and pedestrian safety, mobility, and connectivity through infrastructure
projects. Eligible projects include: bicycle improvements, shared use paths, sidewalk improvements
and other infrastructure related projects to improve safety for non-motorized transportation. The
application deadline is August 15, 2019. Ms. Garza, explained that two federal funding sources are
available: Transportation Alternatives (TA) and Safe Routes to Schools (SRTS). Approximately
$8.7 million is available through SRTS for eligible projects within 2 miles of a K-8th grade school.
Approximately $13.5 million will be available through TA funds and placed on a prioritized
Conditional Project List for anticipated FY2021-FY2022 appropriations. If selected, the City of
College Station will fund the project but would be reimbursed by TxDOT based on the funding
source criteria. If the project is chosen for SRTS funding up to 100% of the project may be
reimbursable. If the project is chosen for TA funding, up to 80% of construction costs may be
reimbursable.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Nichols, the City Council voted six (6) for and none (0) opposed, to adopt Resolution No. 07-25-19-
05, to support and authorize the submission of a grant application to the Texas Department of
Transportation to implement the Southwood Sidewalk Project. The motion carried unanimously.
(Regular Agenda Items 6 through 9 were presented together with separate motions and public
hearing.)
6. Presentation, discussion, and possible action regarding adopting Resolution No. 07-25-19-
06 of the City of College Station, Texas, granting consent to the formation of Brazos County
Municipal Utility District No. 2 and up to four additional municipal utility districts within the
City’s extraterritorial jurisdiction, generally located along Peach Creek between FM 2154 and
State Highway 6 South.
Jennifer Prochazka, Director of Planning and Development, stated that this item is to consider an
amended consent resolution reflecting conditions negotiated throughout the creation of the
supporting MUD documents. As provided for in the City’s adopted MUD policy, staff negotiated a
Development Agreement with the developer to extend the City’s planning authority over the MUD.
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Consideration of the Development Agreement, Utility Agreement, and Strategic Partnership
Agreement will occur after approval of this consent resolution. The proposed MUDs will develop,
operate, maintain, and issue bonds for financing the construction of needed infrastructure (water,
sewer, drainage, and streets) for the districts and levy and assess a tax on property within the districts
to pay operational and maintenance expenses associated with the planned infrastructure.
Summary of the proposed MUDs:
Whether the City has already made plans to annex or provide municipal services to the area
proposed for inclusion in the District within the next five years, and
Whether the proposed area for the District lies in the ETJ of two or more cities.
Mrs. Prochazka, stated that the determination regarding both considerations above is negative.
Therefore, the City Council should give consideration to granting consent as outlined in Sections
II.D and II.E of the City’s adopted MUD policy. Given the proposed density, open space
preservation, and overall development pattern, staff believes that the development will be consistent
with the goals and vision of the City’s Comprehensive Plan for the area.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember
Rektorik, the City Council voted six (6) for and none (0) opposed, to adopt Resolution No. 07-25-
19-06, granting consent to the formation of Brazos County Municipal Utility District No. 2 and up
to four additional municipal utility districts within the City’s extraterritorial jurisdiction, generally
located along Peach Creek between FM 2154 and State Highway 6 South. The motion carried
unanimously.
7. Public Hearing, presentation, and discussion regarding the proposed Strategic
Partnership Agreement between the City and Brazos County Municipal Utility District No. 2.
Jennifer Prochazka, Director of Planning and Development, stated that the Strategic Partnership
Agreement (SPA) outlines conditions for annexation of the District and limited purpose annexation
of commercial land. This is the first of two public hearings required before approving the SPA with
Brazos County MUD No. 2, and the second public hearing is scheduled for the August 22, 2019 City
Council Meeting. Also, no action is required by the City Council at this time, and a formal approval
of the SPA can occur after the second public hearing on August 22nd.
At approximately 7:58 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 7:58 p.m.
No action taken at this time.
8. Presentation, discussion, and possible action regarding adopting a Water Supply and
Wastewater Services and Road Facilities Agreement between the City of College Station and
Brazos County Municipal Utility District No. 2 relating to the provision of utilities.
Jennifer Prochazka, Director of Planning and Development, stated that the Utility Agreement
addresses the provision of utilities within the Municipal Utility District (MUD), including water,
wastewater, and streets. The MUD will finance, design, and construct District infrastructure.
Water: The MUD lies entirely within Wellborn Special Utility District’s CCN for water
service.
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Wastewater: The MUD will provide/operate wastewater treatment and collection, including
a treatment plant, shared trunk sewer lines, and lift stations.
Streets: Roads will be constructed to Brazos County standards and owned and maintained by
Brazos County.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to adopt a Water Supply and
Wastewater Services and Road Facilities Agreement between the City of College Station and Brazos
County Municipal Utility District No. 2 relating to the provision of utilities. The motion carried
unanimously.
9. Presentation, discussion, and possible action relating to a Development Agreement
between the City of College Station and Millican Land Development, LLC, RB Meadows, LLC
and Rock Barn Conservation Partners, LLC relating to the regulating of development within
Brazos County Municipal Utility District No. 2 boundaries.
Jennifer Prochazka, Director of Planning and Development, stated that as provided for in the City’s
adopted Municipal Utility District (MUD) policy, staff negotiated a Development Agreement with
the developer to extend the City’s planning authority over the District’s property; this is important
given the District is located entirely within the City’s ETJ. The Agreement addresses land use,
density, and compliance with development standards comparable to development within the City.
MOTION: Upon a motion made by Councilmember Rektorik and a second by Councilmember
Vessali, the City Council voted six (6) for and none (0) opposed, to approve a Development
Agreement between the City of College Station and Millican Land Development, LLC, RB
Meadows, LLC and Rock Barn Conservation Partners, LLC relating to the regulating of
development within Brazos County Municipal Utility District No. 2 boundaries. The motion carried
unanimously.
10. Presentation, possible action, and discussion on future agenda items and review of standing
list of Council generated agenda items: A Council Member may inquire about a subject for
which notice has not been given. A statement of specific factual information or the recitation
of existing policy may be given. Any deliberation shall be limited to a proposal to place the
subject on an agenda for a subsequent meeting.
No items at this time.
11. Adjournment.
There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council
at 8:01 p.m. on Thursday, July 25, 2019.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary