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HomeMy WebLinkAbout06/25/2020 - Workshop Minutes - City CouncilWKSHP062520 Minutes Page 1 MINUTES OF THE CITY COUNCIL WORKSHOP VIA TELECONFERENCE CITY OF COLLEGE STATION JUNE 25, 2020 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell John Nichols Dennis Maloney City Staff: Jeff Kersten, Assistant City Manager Jennifer Prochazka, Assistant City Manager Carla Robinson, 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 Workshop of the College Station City Council was called to order by Mayor Mooney at 3:02 p.m. on Thursday, June 25, 2020 in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 7784 0. 2. Executive Session 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 3:02 p.m. on Thursday, June 25, 2020 in order 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  City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas  Carrie McIver v. City of College Station; Cause No. 18-003271-CV-85; In the 85th District Court, Brazos County, Texas WKSHP062520 Minutes Page 2  Veronica Alejandra Ibarra v. The City of College Station; Cause No. 20000325CV361; in the 361st District Court, Brazos County, Texas B. Consultation with attorney to receive legal advice; to wit:  Legal advice regarding termination of the FY20 funding agreements between the City and Experience Bryan College Station and issues related to possible dissolution of EBCS. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  Council Self-Evaluation  City Manager Executive Session recessed at 4:03 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Presentation, possible action and discussion on items listed on the consent agenda. No Items pulled from Consent for clarification. 5. Workshop 5.1 Presentation, discussion, and possible action regarding a Restricted Occupancy Overlay District. Jade Broadnaz, Planning and Development, stated that City Council requested that City staff draft a Restricted Occupancy Overlay ordinance and associated handbook that would allow area property owners to request an overlay zoning restricting occupancy to no more than two unrelated persons in their neighborhood. Enforcement  College Station o Current: “no more than four unrelated” city-wide o Potential: “no more than two unrelated” in proposed overlay district; i.e. at will of neighborhood  Bryan o Current: “no more than two unrelated” in R-NC standard zoning; i.e. at will of City o Enforcement not codified o Ordinance acts as legal deterrent  San Marcos o Current: “no more than two unrelated” in multiple standard single-family zoning districts; i.e. at will of City o License plate observation for 21 day period codified WKSHP062520 Minutes Page 3 Staff recommends that Council receive the presentation and provide direction regarding the creation of a Restricted Occupancy Ordinance (ROO). The Planning & Zoning Commission heard this item at their June 18, 2020 meeting. Potential Changes to UDO Section Change 3.3 Application requirements for ROO 58% petition 4.1 Addition of ROO to list of districts 5.11 ROO applies to SF and accessory structures in 51% improved subdivisions, Reference to “Family” and “Related,” Enforcement section added. ROO Handbook  Mirrors NCO Handbook o Grandfathering Section o How to determine relationships / related o Timeline o Meeting materials / templates At approximately 4:29 p.m., Mayor Mooney opened for Citizens Comments. Linda Bendiksen, College Station, stated that she supports this change as a tool for local community control. Jeffrey Leatherwood, President of the local MLS Board/Property Owner, is of the opinion that this item is preserving an idea rather than a reality. He sited personal experience that many neighborhoods have included rentals as part of the character for decades and that renters are part of the character of the neighborhood. Mark Farrar (Cynthia Farrar), College Station, wanted to state their opposition to this item as the proposed changes would affect their property values and income they rely upon. Sam Jefferis, College Station, came before Council on behalf of the Texas A&M Student Government, regarding the proposal of the overlay restricting occupants to no more than 2 unrelated citing that it is largely unenforceable and will have a negative impact on the quality of life for students. Fred Dupriest, College Station, stated that the purpose of the ordinance is not to retake student neighborhoods because it cannot do that. It’s to ensure neighborhoods can choose to continue to be what they already are, an appropriate and affordable place for families and children live. Summary: 1. The public needs a sense of which neighborhoods might obtain the overlay. It will enable a more intelligent conversation on all sides 2. They also need to know that the numbers of 4-unrelated rentals that will actually be impacted may be small. These will also be grandfathered 3. If few are effected and those are grandfathered, there will be no immediate impact on the availability of student housing or investors WKSHP062520 Minutes Page 4 4. The discussion of whether the approval threshold should be 50% or 58% should revolve around the difference in actual results. We want to protect more families, as long as there are minimal negative impacts, or they can be mitigated with grandfathering rules. Elianor Vessali, College Station, came before Council to question what the purpose of this ordinance, communities already have existing avenues for managing their neighborhoods. She went on to state that this should not be considered during a pandemic, when so many are hurting financially, emotionally, and is blatantly discriminatory. Donald Deere, College Station, stated that Bryan is not College Station, and what may work for one city may not work for another. We need to think of a higher threshold for enactment then 58% and consider postponing this until in-person meetings have resumed. Charles Wilding, College Station, stated that he has been a resident since 1976, a property owner in Historical District and they all have excellent students living within the Historical District. Mr. Wilding explained that this area has always been rental community but ask Council not to move forward with this project. Tina Evans, College Station, requested Council to consider approving this item as it would still be profitable. She approves of grandfathered to protect current investors and cited the cities of Bryan and San Marcos as success stories with similar regulations. Hayden Paul, College Station, came before Council presenting the Board of Realtors, stating that this is a solution looking for a problem. As proposed, it is an undue burden to the citizens and the city staff, while also resulting in a decline of home values in affected neighborhoods. Helena MacCrossan, College Station, spoke on behalf Student Body of TAMU, and stated that this will push students farther away from university which will cause problems with travel and increase congestion. She encourages council not to procced with this item. Dan Parker, College Station, stated that he owns 8 properties in the Historical Southside District and this change would be financially devastating as an investor and he does not see the purpose of this ordinance. There being no comments, the Citizens Comments was closed at 5:15 p.m. Majority of the Council directed Council to move forward with additional research on 50% plus 1 and 58%, overlay zoning versus standard using Bryan as a model, grandfathering the property or the structure, and a process which incorporates citizen feedback. Mayor Mooney recessed the meeting at 6:15 p.m. The meeting resumed at 6:30 p.m. 5.2 Presentation, discussion, and possible action regarding an update on current activities of the College Station Police Department in response to community outreach. Billy Couch, Chief of Police, stated that the current climate in policing is difficult, and many questions have surfaced that need answered. This presentation is intended to address some relevant WKSHP062520 Minutes Page 5 topics that we have heard are important to our community. Chief Couch emphasized building a sustainable trust between police and the communities of color, noting that this must be achieved for effective policing to occur The overview included: departmental initiatives to address race relations, recruiting and hiring, use of force, and body worn cameras. 5.3 Presentation, discussion, and possible action regarding the use of face masks for Coronavirus protection. Brian Piscacek, Assistant to the City Manager, stated that on June 16, 2020, the Mayors of nine of Texas’ largest cities requested that Governor Abbott allow local governments the authority to require the use of face masks in public. Governor Abbott’s Executive Order GA-26, issued June 3, 2020, provided that “individuals are encouraged to wear appropriate face coverings, but no jurisdiction can impose a civil or criminal penalty for failure to wear a face covering.” However, Governor Abbott clarified the order on June 17, 2020, adding that while individual liberty may not be infringed, local governments can require stores and businesses to require masks. In response, judges in Bexar, Hidalgo, and Cameron counties, along with the mayor of the City of Austin, have issued orders that require commercial entities to implement a policy that calls for employees and visitors to wear face coverings when in close proximity to others. Fines may be issued to a business not complying with the order. The US Centers for Disease Control and Prevention (CDC) recommends wearing cloth face coverings in public settings where other social distancing me asures are difficult to maintain, especially in areas of significant community-based transmission. In addition, people should continue to observe social distancing, frequent handwashing, and self-isolation when sick. At approximately 7:25 p.m., Mayor Mooney opened for Citizens Comments. Susie Dai, College Station, present information from a study that focuses on the effectiveness of face masks on containing the COVID-19 virus spread. The study indicates when the face masks coverage reaches a good percentage in the general population COVID-19 transmission can be reduced. Brook Davis, College Station, stated that she a sent letter with citizen’s signature to the Mayor and Council encouraging mandating face masks, which would slow the spread of the COVID-19 virus down. Brian Bochner, College Station, stated that although it has been major sacrifice, the face masks have helped. Since, thing have been reopening and social distancing has become lacking and the spread has increased. He requested Mayor and Council enact a face mask order. Jeana Nam, College Station, came before Council to express the support of a face mask requirement and noted that businesses should have not reopened without this in place. Levi Douglass, College Station, came before Council and urged that the council pursue a proclamation similar to the one recently issued in Waco on Friday mandating masks in public spaces. He cited that it would be a great relief to many. WKSHP062520 Minutes Page 6 Teri Metcalf, College Station, stated supports a mask requirement and went on to explain that consumers will have a choice to shop in Bryan without a mask or in College Station. She believes that others not wearing a mask is a risk to her life and she should not have endanger herself while shopping for groceries. Daniel Leake, College Station, stated that this should not be left up to local government to enforce a face mask requirement. He noted that this is a health issue for a lot people but individuals have freedom with regards to a public mask requirement. Mr. Leake also stated that face mask are not effective in preventing the spread of COVID-19 and could be harmful. Pamela Plotkin, College Station, Ms. Plotkin explained in the article that she presented, that the authors state conclude that wearing a face mask in public corresponds to the most effective means to prevent inter-human transmission. Further explaining that this inexpensive practice, in conjunction with simultaneous social distancing, quarantine, and contact tracing, represents the most likely fighting opportunity to stop the COVID-19 pandemic. Rich White, College Station, stated he is the manager of HEB, they are in support of the face mask and are a big supporter of the county mandates for face masks. Kimberly McAdams, College Station, encouraged the Council enact a facemask requirement. It is concerning how COVID-19 has spiked and this will affect our medical staff and ability to respond to medical emergencies. Ms. McAdams explained that we all need to wear face mask to stop spread, especially with the reopening of school in August. There being no comments, the Citizens Comments was closed at 7:55 p.m. Council directed staff to move forward with an ordinance mandating face masks and authorizing the Mayor to take action. 6. Council Calendar Council reviewed the calendar. 7. Discussion, review, and possible action regarding the following meetings: Animal Shelter Board, Arts Council of Brazos Valley, Architectural Advisory Committee, Audit Committee, Bicycle, Pedestrian, and Greenways Advisory Board, Bio-Corridor Board of Adjustments, Brazos County Health Dept., Brazos Valley Council of Governments, Brazos Valley Economic Development Corporation, Bryan/College Station Chamber of Commerce, Budget and Finance Committee, BVSWMA, BVWACS, Census Committee Group, Compensation and Benefits Committee, Comprehensive Plan Evaluation Committee, Experience Bryan - College Station, Design Review Board, Economic Development Committee, Gulf Coast Strategic Highway Coalition, Historic Preservation Committee, Interfaith Dialogue Association, Intergovernmental Committee, Joint Relief Funding Review Committee, Landmark Commission, Library Board, Metropolitan Planning Organization, Operation Restart, Parks and Recreation Board, Planning and Zoning Commission, Research Valley Technology Council, Regional Transportation Committee for Council of Governments, Sister Cities Association, Spring Creek Local Government Corporation, Transportation and Mobility Committee, TAMU Student Senate, Texas Municipal League, Walk with the WKSHP062520 Minutes Page 7 Mayor, YMCA, Zoning Board of Adjustments, (Notice of Agendas posted on City Hall bulletin board.) Councilmember Nichols reported on the BVSWMA Meeting. 8. Adjournment There being no further business, Mayor Mooney adjourned the workshop of the College Station City Council at 8:23 p.m. on Thursday, June 25, 2020. ________________________ Karl Mooney, Mayor ATTEST: _______________________ Tanya Smith, City Secretary