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HomeMy WebLinkAbout04/22/2021 - Regular Minutes - City CouncilRM042221 Minutes Page 1 MINUTES OF THE REGULAR CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION APRIL 22, 2021 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 Carla Robinson, City Attorney Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Quorum is Present and Pledge of Allegiance, Invocation, consider absence request. With a quorum present, the Regular Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 7:20 p.m. on Thursday, April 22, 2021, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Hear Visitors Comments No one spoke at this time. 3. Presentation, possible action and discussion on items listed on the consent agenda. No items were pulled for discussion. 4. CONSENT AGENDA 4.1. Presentation, possible action, and discussion of minutes for:  April 8, 2021 Regular Meeting RM042221 Minutes Page 2 4.2. Presentation, discussion, and possible action on approving a change order for a Joint Use Pole Attachment Audit with TechServ Consulting and Training, LTD in the amount of $5,445.37. 4.3 Presentation, discussion, and possible action regarding the extension of non-annexation development agreements entered into in 2011, for properties in the Wellborn area. 4.4 Presentation, discussion, and possible action regarding the first amendment to the Signal Performance Measure contract with Iteris Inc. adding Velocity Cloud System hosting service. 4.5 Presentation, discussion, and possible action regarding Ordinance No. 2021-4260 amending Chapter 38, "Traffic and Vehicles", Article VI, “Traffic Schedules”, Section 38-1003, “Traffic Schedule III, Stop Signs” and presentation, discussion, and possible action regarding Ordinance No. 2021-4261 amending Chapter 38, "Traffic and Vehicles", Article VI, “Traffic Schedules”, Section 38-1004, “Traffic Schedule IV, Yield Signs". MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Brick the City Council voted seven (7) for and none (0) opposed, to approve the Consent Agenda. The motion carried unanimously. 5. REGULAR AGENDA 5.1 Public Hearing, presentation, discussion, and possible action adopting Resolution No. 04- 22-21-5.1 to approve an application to the U. S. Department of Housing and Urban Development for a loan through the Section 108 Loan Guarantee Program for LULAC Oak Hill Apartments Rehabilitation Project. Debbie Eller, Community Services Director, stated that at the February 11, 2021, City Council directed staff to move forward with an application to the U. S. Department of Housing and Urban Development for a Section 108 Loan to provide funding to LULAC Oak Hill Apartments for a complete rehabilitation project. The Section 108 program is a provision of the Community Development Block Grant (CDBG) program and allows Entitlement Communities to borrow up to five times their current annual grant amount. Future CDBG allocations guarantee the loan. Section 108 loans can be used as a source of financing for economic development, housing rehabilitation, public facilities, and infrastructure. Mrs. Eller explained that LULAC Oak Hill Apartments was developed originally through the Section 202 Supportive Housing for the Elderly program. Therefore, 100% of the residents are at or below 50% of the area median income. Residents must also be 62 years of age or older. There fore, this activity meets the objective of assisting LMI residents and the goal identified in the 2020 - 2024 Consolidated Plan of addressing Rental Housing - Rehabilitation for Special Needs populations. At approximately 7:37 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:37 p.m. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Resolution No. 04-22- 21-5.1 to approve an application to the U. S. Department of Housing and Urban Development for a RM042221 Minutes Page 3 loan through the Section 108 Loan Guarantee Program for LULAC Oak Hill Apartments Rehabilitation Project. The motion carried unanimously. 5.2 Presentation, discussion, and possible action regarding Resolution No. 04-22-21-5.2 approving a Chapter 380 Economic Development Agreement between the City of College Station, Texas, and Costco Wholesale Corporation. Regular Items 5.2 and 5.3 were presented together. 5.3 Presentation, discussion, and possible action approving a Property Purchase Agreement between the City of College Station and Costco Wholesale Corporation for an approximately 18.670-acre tract of land located generally near the intersection of Earl Rudder Freeway and Corporate Drive in the Midtown Business Park. Natalie Ruiz, Economic Development Director, stated that item 5.3 is a Property Purchase Agreement relating to Costco purchasing undeveloped land to build and operate one of its stores in College Station. There is also an Economic Development Agreement on tonight’s agenda that is conditioned upon the property being purchased by Costco. At a future council meeting there will be a Participation Agreement to be entered into between the parties relating to the shared costs of constructing needed infrastructure serving both the Costco tract and other nearby areas of Midtown Business Park. The Resolution adopting the Economic Development Agreement with Costco referenced in the item 5.4 works together with the agreement in item 5.3 to encompass the terms with Costco to develop a new 160,000 square foot facility at the City-owned Midtown Business Park. Mrs. Ruiz also provided a summary of both the real estate contract and economic development agreement. Costco will purchase approximately 19 acres, construct a new 160,000 square foot facility, construct required infrastructure on and off site and must open for business by December 31, 2023. In exchange, the City is selling the property at a discounted price and will reimburse Costco for development-related permit fees. The discounted price includes a credit of 5% off the purchase price to Costco at closing. The City is to establish deed restrictions on remaining city property in the immediate area that’s 10 acres or larger prohibiting another similar retailer from locating in the vicinity. (5.2 & 5.3) MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Resolution No. 04-22-21-5.2 approving a Chapter 380 Economic Development Agreement between the City of College Station, Texas, and Costco Wholesale Corporation and to approve a Property Purchase Agreement between the City of College Station and Costco Wholesale Corporation for an approximately 18.670-acre tract of land located generally near the intersection of Earl Rudder Freeway and Corporate Drive in the Midtown Business Park. The motion carried unanimously. 5.4 Presentation, discussion, and possible action regarding the Rental Registration Program and proposed fee structure. Debbie Eller, Community Services Director, stated that at the January 14th City Council meeting, staff presented an overview of the Rental Registration program and a fee analysis. The Council directed staff to research additional information and develop a proposed fee structure. Additional Information: RM042221 Minutes Page 4 Number of Active Properties (as of December):  2015 – 5,340 2019 – 8,735  2016 – 8,274 2020 – 8,873  2017 – 8,344 2021 – 8,930 (as of 4/20/2021)  2018 – 8,196 Failure to Register  2016 – 9 2019 – 21  2017 – 8 2020 – 2  2018 – 19 Net New Rentals Annually  2016 – 1,914 2019 – 1,135  2017 – 1,071 2020 – 747  2018 – 1,135 Rental Property Ownership Change  2018 – 359 2020 – 402  2019 – 898 2021 – 155 (as of 4/20/2021) Revert from Rental from Rental to Owner Occupied  2019 – 134  2020 – 158 Considerations: Increase fee to move towards full fee support  $60.00 one-time with approval of Updated Fee Resolution to take effect 10/01/2021 (60.4% Full Fee Support)  Annual Fee Analysis with Budget preparation Non-compliance would be a Civil Penalty  30 days to register  “By Civil penalty of not less than $25 and not more than $500”  31 – 45 Days - $25 61 – 75 Days - $75  46 – 60 Days - $50 76 or More Days - $100 At approximately 8:41 p.m., Mayor Mooney opened for Citizens Comments. Brad Corrier, College Station, stated that this is a solution that will turn into a problem, when you raise a fee, you’re raise the cost of rental homes. He expressed to Council that if we are to enforce fees, we need to enforce them equally on homeowners and rentals. Donald Deere, College Station, stated that the cost estimate only helps code enforcement funding at the expense of rental properties. This is not equally distributed because owner occupied homes are not subject to this fee but can violate code just as easily. Justin Lopez, College Station, stated that the Apartment Association understands that City Services comes at a cost, but $100 is excessive. He explained that with all that this city has gone through and people are still not paying rent because of COVID, this is not the time to raise fees. Elianor Vessali, College Station, stated that she echoes the comments that have already been made. Additionally, she is concerned that part of this fee is being used to track down unregistered rentals by penalizing registrants which are complying. RM042221 Minutes Page 5 Charles Barr, College Station, stated that the current one-time fee of $15 is inadequate to cover the costs of the City’s Rental Registration Program and should be increased. Such an increase should be used to cover the costs of administration and allow the hiring of additional personnel to provide more effective enforcement of rental-related codes. There being no comments, the Citizens Comments was closed at 8:56 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 Rental Registration Program and proposed fee structure as presented. The motion carried unanimously. 5.5 Presentation, discussion, and possible action regarding a professional services contract with Kirksey Architects, Inc. in the amount of $149,000 for the Design of 1207 Texas Avenue Renovation Project. Emily Fisher, Assistant Director Capital Projects, stated that this contract is for architect design services for the building at 1207 Texas Avenue, also known as the current Human Resources and Facilities Maintenance building. Human Resources will be moving into the new city hall once completed this fall. Furthermore, Facilities Maintenance will be moving into a new shop under design currently, located at the Public Works Operations center on William King Cole behind the municipal courts building. Once they move in Spring of 2022, we will begin work on renovating the building to provide office space and event space for the new Tourism department. Mrs. Fisher stated that Kirksey Architects, Inc. was chosen to complete the design because they are the current architect for the new city hall and can help maintain design consistencies among the tw o buildings. The design, once further along, will be presented to the Architectural Advisory Committee as well as Council. Construction is scheduled to start in spring of 2022 and complete by the end of 2022. A budget in the amount of $250,000 is currently appropriated for this project in the Hotel Occupancy Tax Fund. Nothing has been expended or committed to date, leaving a balance of $250,000 for this design contract and related expenses. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve a professional services contract with Kirksey Architects, Inc. in the amount of $149,000 for the Design of 1207 Texas Avenue Renovation Project. The motion carried unanimously. 5.6 Presentation, discussion, and possible action on Resolution No. 04-22-21-5.6 expressing opposition to the proposed Senate Bill 10 and similar legislation in the 87th Texas Legislature to restrict the ability of local governments to advocate for their communities. Brian Piscacek, Assistant to the City Manager, stated that this item was requested at the April 8, 2021, City Council meeting to be brought back by staff for Council consideration. The 87th Texas Legislature is well underway and will adjourn May 31, 2021. One bill under consideration is Senate Bill 10 (SB 10), which was filed by Senator Paul Bettencourt on March 10, 2021. SB 10 proposes to prohibit a city or county from spending public funds to directly or indirectly influence or attempt to influence the outcome of any legislation pending before the legislature. As such, it would significantly impact the City's ability to advocate for our community while adding financial costs and operational complexities. SB 10 is just one of several items of legislation aimed at limiting local government RM042221 Minutes Page 6 influence in Austin. As of today, SB 10 has been favorably voted out of the Senate and has moved to the House for their consideration. Proposed Resolution of Opposition  The City Council opposes Senate Bill 10, Senate Bill 234, and House Bill 749, all of which propose to limit the authority for local communities to effectively lobby to the legislature for their interests  The City Council agrees that these services enhance City leaders’ ability to better understand legislative developments, focus on the most essential issues impacting citizens and businesses, and communicate efficiently with elected representatives, House & Senate leadership, and other agencies MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 04- 22-21-5.6 expressing opposition to the proposed Senate Bill 10 and similar legislation in the 87th Texas Legislature to restrict the ability of local governments to advocate for their communities. The motion carried unanimously. 5.7 Presentation, discussion, and possible action regarding a return to in-person City Council meetings and adoption of guidelines for in-person and virtual (hybrid) meetings. Bryan Woods, City Manager, stated that during the early days of the COVID-19 pandemic, Texas Governor Greg Abbott suspended various provisions of the Texas Open Meetings Act pursuant to his state disaster authority. As a result, governmental bodies such as city councils could provide a videoconferencing alternative to in-person meetings. Governor Abbott's disaster declaration remains in effect through today. The City Council has met via internet teleconference (Zoom) since the onset of the pandemic, beginning with a Special Meeting held on March 23, 2020. This item is to provide the City Council an opportunity to discuss a return to conduct in an in-person City Council meetings. Guidelines for In -Person Attendance  The Council Chambers and lobby area will be sanitized before and after each meeting.  There will be one main ingress/egress to Council Chambers and lobby area. Signage will direct visitors to the appropriate entrance. The Council Chambers will be open to the public 30 minutes before the beginning of the posted meeting.  Hand sanitizer will be readily available at various locations.  Limited seating will be available in accordance with CDC guidelines for social distancing. Physical reminders will remind attendees of the appropriate distancing. In the event maximum capacity is reached, the City may provide additional seating. If additional seating is not available, overflow may attend the meeting virtually as provided in these guidelines.  Those attending the meeting in person should wear a face covering over mouth and nose while in City Hall except when speaking during their allotted time. 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 approve a return to in-person City Council meetings and adoption of guidelines for in-person and virtual (hybrid) meetings. The motion carried unanimously. RM042221 Minutes Page 7 6. Presentation, discussion, and possible action 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 future agenda items were discussed. 7. Adjournment. There being no further business, Mayor Mooney adjourned the Regular Meeting of the City Council at 9:50 p.m. on Thursday, April 22, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary