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HomeMy WebLinkAbout05/13/2021 - Regular Minutes - City Council MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION MAY 13, 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. With a quorum present, the Meeting of the College Station City Council was called to order by Mayor Mooney via Teleconference at 4:01 p.m. on Thursday, May 13, 2021, 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, §551.074- Personnel, §551.086-Competitive Matters, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:01 p.m. on May 13, 2021, 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 DDN162432!Njovuft!Qbhf!2! In the County Court at Law No. 1 of Brazos County, Texas. B. Consultation with attorney to receive legal advice; to wit: Legal advice concerning conflicts of interest and other ethics requirements. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager Council Self-Evaluation City Attorney wit: Power Supply 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 potential projects located generally in the area southeast of the intersection of Rock Prairie Road and State Highway 6 in College Station. Executive Session recessed at 5:11 p.m. 3. Reconvene from Executive Session and take action, if any. No vote or action was taken in Executive Session. 4. Pledge of Allegiance, Invocation, consider absence request. 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 absence request for April 8, 2021. The motion carried unanimously. 5. Workshop Items 5.1. Presentation, discussion, and possible action regarding a presentation of the Northgate District Study and Operations Plan. Debbie Eller, Community Services Director, presented an overview of the scope of the project, issues identified to be study, and resulting implementation items and recommendations made by the consultant team. Funding for the Northgate District Study and Operations Plan was included in the FY2018 budget. Responses to an RFP released in January 2019 were evaluated and WGI (Big Red Dog) was selected as the consultant. Key Issues Operations Day-to-Day & Late Night Design Elements Pedestrian & Roadway Issues DDN162432!Njovuft!Qbhf!3! Wayfinding TNC Operations/Commercial Loading Public Areas Planning Level Considerations Parking Supply, Demand, & Pricing Funding Options Revenue Current Revenue Possible Changes TAMU Parking Rate Comparison Allocate Incremental Growth of Property Values Public Improvement District (PID)* Tax Increment Revitalization Zone (TIRZ) Council Consideration Adopt the Northgate Mobility Study and Operational Plan Provide guidance on priorities Path for moving forward Council directed staff to move forward on the implementation of the Northgate District Study Plan as presented. 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 adopt the Northgate Mobility Study and Operational Plan as presented. The motion carried unanimously. 5.2. Presentation, discussion, and possible action regarding the FY21 proposed debt issuance. Mary Ellen Leonard, Finance Director, presented the status of the proposed FY21 debt issuance, the proposed issuance parameters, and some options related to changes in the FY21 debt issuance. The ordinances related to the parameters for issuance of certificates of obligation, series 2021 are scheduled to be brought to Council for approval on June 10, 2021. Mrs. Leonard explained that staff has strategically evaluated service requirements and the effect they may have on the ad valorem tax rate. The project savings and rescheduling have resulted in a change in the parameters as originally budgeted.. Also, the impact on the tax rate and utility rates has been reviewed based on the most current information and will continually be reviewed as part of budget preparation. The recommendation is to move forward with this issuance with the revised parameters as presented Public Debt Management Strategy Establish Policies- Step 1 Budget and Finance Policy reviewed and approved by Council during Budget annually including: Minimize risks and borrowing costs Maintain maximum borrowing period Maintain high rating Consistent debt tax rate unless directed by Council DDN162432!Njovuft!Qbhf!4! Gather Needs - Step 2 Maintain comprehensive list of community needs Schedule projects to meet existing resources Review needs on a regular basis Evaluate Resources - Step 3 One penny on debt rate finances $12-$13M of capital needs Know timing of debt repayments Evaluate refinancing at each availability Evaluate Strategy - Step 4 Maintain long-term forecast (10+ years) Adjust schedule for changes in needs and timing projections MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Maloney, the City Council voted three (3) for and four (4) opposed, with Mayor Mooney, Councilmembers Cunha, Harvell, and Nichols voting against, to remove the Greens Prairie Road from the FY21 Debt Issuance and apply that amount of funding to the proposed Southeast Ball Park making up any shortfall in the ballpark with HOT funds. The motion failed. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted three (3) for and four (4) opposed, with Councilmembers Cunha, Brick, Maloney, and Crompton voting against, to approve the FY21 proposed debt issuance. The motion failed. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Nichols, the City Council voted six (6) for and one (1) opposed, with Councilmembers Cunha voting against, to approve the FY21 proposed debt issuance with the park being high priority. The motion carried. 5.3. Presentation, discussion, and possible action regarding options for the Lick Creek Hike and Bike Trail crossing at Midtown Drive. Emily Fisher, Assistant Director Capital Projects, presented options for the Lick Creek hike and bike trail at Midtown Drive. The underpass crossing opened in 2019, and since then, there has been an increase in silt deposits on the trail underneath the bridge. Staff has researched various options to improve or move the crossing and the associated costs. Option 1 Raise Trail Raise trail 2 feet to maintain clearance Install clearance signs $100,000 - $120,000 Option 2 At Grade Crossing Bring trail up to Midtown Drive Install pedestrian median refuge Electrical work for Rapid Flashing Beacon (RFB) $250,000 - $300,000 DDN162432!Njovuft!Qbhf!5! Mayor recognized a consensus of Council and directed staff to move forward with Option 2 to raise the trail. 5.4. Presentation, discussion, and possible action regarding an ordinance amending Chapter 6 Animals, Sections 1 and 12 regarding the sale of dogs and cats. Chris Perkins, College Station Police Department, stated that this item was requested by Council at the February 11th meeting. The proposed ordinance would prohibit pet stores from selling dogs and cats unless they were obtained from a city or county animal shelter or rescue organization. Mr. Perkins explained that we join a growing list of more than 370 other localities and three states that have legislated similar bans. In Texas, we join San Antonio, Austin, Fort Worth, The Colony, El Paso, and Waco to name a few. Currently, HB1818 is advancing through the Texas Legislature which is very similar to the proposed amendment and ordinance. The proposed ordinance does not affect private sales by breeders. Proposed Additions - Section 6.1 Definitions Animal Rescue Organization - a nonprofit established for the purpose of providing a safe harbor for animals and adopting them to responsible persons. Pet Shop or Store - a brick-and-mortar establishment where animals are kept or stored for sale. Proposed Ordinance - Section 6.12. Sale of Animals Ordinance would be amended to state that a pet shop or store shall not sell or transfer a dog or cat unless it was obtained from a city or county animal shelter or rescue. Pet shops or stores would be required to clearly display the name, address, and contact information of the shelter or rescue from which the animal was obtained. Additionally, the shop or store would be required to retain those records for a period of 3 years after the sale. The outdoor sale of animals will continue to be prohibited (as per current ordinance). At approximately 7:38 p.m., Mayor Mooney opened for Citizens Comments. Judy LeUnes, College Station, came before Council to speak in favor of this item. She believes that banning these sales will support more humane treatment of animals and provide better pets overall. Stephanie Walker, Bryan, came before Council to support this item and encourage its passage as presented. Tyra Watts, Bryan, came before Council in support of the proposed ordinance. Ms. Watt spoke about the former located in the Post Oak Mall which was closed. Arnold LeUnes, College Station, came before Council to support the proposed ordinance and stated that passing this ordinance will increase the quality of life in College Station Martha Trotter, Bryan, stated she is support of the proposed ordinance amending Chapter 6 Animals, Sections 1 and 12 regarding the sale of dogs and cats. There being no comments, the Citizens Comments was closed at 7:50 p.m. DDN162432!Njovuft!Qbhf!6! 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, move forward with the draft proposed ordinance amending Chapter 6 Animals, Sections 1 and 12 regarding the sale of dogs and cats as presented. The motion carried unanimously. At 7:52 p.m., the Mayor recessed the Council meeting. The Council meeting reconvened at 8:00 p.m. 6. Presentation - Proclamations, Awards, and Recognitions. 6.1. Mayor Mooney presented a proclamation proclaiming May 2-8, 2021 as Municipal Clerks Week. 6.2. Mayor Mooney presented a proclamation to the Public Works Department, proclaiming May 16- 22, 2021 as National Public Works Week. 6.3. Mayor Mooney presented a proclamation proclaiming May as National Bike Month. 7. Hear Visitors Comments Ashton Shinedling, College Station, came before Council to share his thoughts on Section 8 Housing and how this type of housing does not need to be in student and family neighborhoods. He stated that Section 8 Housing increases crime in these areas and he proposed different ideas to help eliminate crime in student and family-owned neighborhoods. 8. 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 were pulled for discussion. 8.1. Presentation, possible action, and discussion of minutes for: April 19, 2021 Special Meeting April 22, 2021 Workshop Meeting April 22, 2021 Regular Meeting 8.2. Presentation, discussion, and possible action on contract renewal 2 for the annual price agreement of Equipment Rental for all City departments. The total recommended award is for One Hundred Fifty Thousand and zero cents ($150,000) for the Annual Price Agreement for the Rental of Equipment from Mustang Rental Services. 8.3. Agreements for Electric Warehouse Inventory of Di Electric Switchgears with an estimated annual expenditure in the amount not to exceed $2,351,155 awarded to Techline, Inc. DDN162432!Njovuft!Qbhf!7! 8.4. Presentation, discussion, and possible action regarding Resolution No. 05-13-21-8.4 directing the Tax Office to calculate the voter-approved rate in the manner provided for a special taxing unit affected by a disaster declaration. 8.5. Presentation, discussion, and possible action to approve the provision of services by Global Payments Direct, Inc. for Merchant Card and Credit Card Payment Processing Services by approving Renewal No. 2 and Amendment No. 3 for a total estimated annual expenditure amount of $365,000. 8.6. Presentation, discussion, and possible action regarding the award of RFP 21-021, Electric Underground Construction and Maintenance Services as Assigned for a total not to exceed amount of $750,000 to the Infratech Corporation. 8.7. Presentation, discussion, and possible action on agreements with Kudelski Security, Inc. for the annual IT penetration testing services for an amount not to exceed $90,210; on a three- year agreement with Kudelski Security, Inc. for Security Operations Center (SOC) services not to exceed $264,690, with both agreements totaling $354,900; and on a zero-dollar mutual non- disclosure agreement with Kudelski Security, Inc. 8.8. Presentation, discussion, and possible act Agreements for Electric Warehouse Inventory of Distribution Conductor with estimated annual expenditure in the amount not to exceed $1,264,275, awarded to Techline, Inc. 8.9. Presentation, discussion, and possible action regarding the second lease amendment with JAR Capital Investments, LLC, amending the original lease by extending the term for leased space at 511 University Drive East. 8.10. Presentation, discussion, and possible action regarding a construction contract in the amount of $143,576.80 with Brazos Paving, Inc. for the Northgate Bollard project. 8.11. Presentation, discussion, and possible action regarding Change Order No. 1 in the amount of $126,859.60 to the construction contract with Elliott Construction for the Woodson Village Rehabilitation project. 8.12. Presentation, discussion, and possible action regarding Change Order No. 1 deducting the amount of $87,395.36 from the professional services contract with Freese and Nichols, Inc. for the Lick Creek Trunkline Project. 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 Items. The motion carried unanimously. 9. REGULAR ITEMS 9.1 Presentation, discussion, and possible action regarding a request for financial support from Unlimited Potential to purchase and rehabilitate the property at 1115 Anderson to be utilized as a facility that would provide supportive services to young adults who have aged out of the foster care system, to include mentoring, life skills development, and transitional housing. DDN162432!Njovuft!Qbhf!8! Debbie Eller, Community Services Director, stated that the mission of Unlimited Potential (UP) is to support former foster youth to become independent and successful adults through position relationships, individualized support and education, and connection with community resources. The vision is a future in which foster youth are empowered to reach their full potential. Mrs. Eller explained that the UP began in 2014 under the Court Appointed Special Advocate program, serving both current and former foster youth ages 16 - 24. Receiving its non-profit status in May of 2018, UP narrowed its focus to serve only former foster youth ages 18 - 25. Originally envisioned strictly as a mentoring program, it has quickly grown into much more. Each year 1,500 Texas youth leave the foster care system after they turn 18. Often without any support from family or friends, former foster youth are on their own to navigate independence and adulthood. Statistics show that after reaching the age of 18: 20% of the youth will become homeless Only 1 out of 2 will have some form of gainful employment by the age of 24 7 out of 10 girls will become pregnant by the age of 21 30% of all Texas foster youth leave foster care with a diagnosis of Post-Traumatic Stress Disorder (PTSD) Less than a 3% chance these young adults will earn a college degree Within 2 years of aging out of the system, 25% will become involved with the criminal justice system Mrs. Eller went on to say that other local program is dedicated to former foster youth facing these daunting numbers. By helping with housing, offering important life skills, education, and providing a stable, positive, adult mentor, UP can mitigate the problems that plague foster youth. If Council will consider providing direction to staff to work with Unlimited Potential in preparing a full application to be considered for approval by Council and then for submission to the U. S. Department of Housing and Urban Development for a Section 108 loan to facilitate this project. Application preparation will include full project information, form of assistance, organization arrangements, financial underwriting, construction estimates and timeline, and documentation of compliance with federal program requirements. 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 authorize and direct staff to work with Unlimited Potential to develop an application for a Section 108 Loan to complete a full rehabilitation of the 1115 Anderson, and to be utilized as a facility that would provide supportive services to young adults who have aged out of the foster care system, to include mentoring, life skills development, and transitional housing. The motion carried unanimously. 9.2 Presentation, discussion, and possible action regarding an appointment to the Brazos Valley Economic Development Corporation. Tanya Smith, City Secretary, stated that appointee to the Brazos Valley Economic Development Corporation. Mr. Burns' term expires May 2021. This is a 3-year term, and the Council may reappoint or discuss recommendations by Council. Also, at the January 14, 2021, Council Meeting during the Appointments of Councilmembers to Boards and Committees item, Councilmember Dennis Maloney was reappointed to the Brazos Valley Economic Development Corporation at that time. DDN162432!Njovuft!Qbhf!9! 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 appoint Caleb Holt to the Brazos Valley Economic Development Corporation. The motion carried unanimously. 9.3 Presentation, discussion, and possible action regarding Ordinance No. 2021-4262 amending Chapter 6, Sec. 6-147 regarding keeping of fowl within the city limits. Billy Couch, Police Chief, stated Council requested information from staff pertaining to the keeping of fowl in the city limits of College Station and the recommendations come from a previous presentation at a workshop. Council recommendations Consider enclosure range of 50 feet from neighboring residential structures Consider limitations on number of fowl maintained in enclosure. Keeping Fowl in Enclosures Any enclosure that houses fowl must be at least 50 feet from any dwelling other than the dwelling occupied by the owner of the fowl Any enclosure at 50 to 100 feet may house up to 6 fowl. Any enclosure greater than 100 feet may house up to 12 fowl. Nuisance section added Nuisance. A person commits and offense and it is declared a nuisance and may be enforced 5,000 feet outside the City limits, if a person keeps foul in any way that creates odor, unreasonable noise that would annoy or disturb a person of ordinary sensibilities, attracts pests, or endangers the health, safety, comfort or repose of any person. MOTION: Upon a motion made by Councilmember Cunha and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4262, amending Chapter 6, Sec. 6-147 regarding keeping of fowl within the city limits. The motion carried unanimously. 9.4 Presentation, discussion, and possible action regarding adoption of the 2021 Council Strategic Plan. Bryan Woods, City Manager, stated that the 2021 update to the City Council Strategic Plan has been prepared in accordance with Council discussion and direction at the Council Retreat held on February 5, 2021. The proposed plan includes some modifications to reflect Council priorities and includes FY 22 strategies under each of the goal areas. Mr. Woods explained that the proposed list of FY 22 strategies was presented to Council during a Workshop presentation on April 22, 2021. Brian Piscacek, Assistant to the City Manager, presented the following revisions: Content Revisions Good Governance The city will televise, livestream, and record council workshop and regular meetings. In light of the COVID-19 pandemic, the city will implement strategies to safely and effectively engage with the public. DDN162432!Njovuft!Qbhf!:! Financial Sustainability The city will share information and co through various media outlets. Core Services & Infrastructure The city will explore potential partnerships to enhance core services. The city will share information and communicate with citizens about core services and infrastructure through owned, earned and paid media. Neighborhood Integrity The city has reduced strives to mitigate the negative impacts of neighborhood neglected properties. The city will continue to support and partner with homeowner and neighborhood associations to proactively address their issues and concerns priorities and interests. Diverse & Growing Economy The city will support efforts to expand and enhance broadband internet services. The city will maintain comparable utility rates. The city will protect properties from crime and property damage. The city will promote the College Station brand through business recruitment and destination marketing efforts. The city will continue to develop and promote signature events, features, and venues for residents and visitors. Improving Mobility The city will ensure that streets have features that promote pedestrian and bicycle safety. Sustainable City The city will invest in co-production in service delivery where applicable. The city will identify strategies to utilize publicly owned land for future investments. Proposed FY 22 Strategic Initiatives DDN162432!Njovuft!Qbhf!21! 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, adoption of the 2021 Council Strategic Plan. The motion carried unanimously. 9.5 Presentation, discussion, and possible action regarding Ordinance No. 2021-4263 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Bryan Woods, City Manager, stated that on May 7, 2021, the Mayor of College Station issued a proclamation pursuant to §418.014 of the Texas Government Code renewing the state of disaster proclaimed by the Mayor on March 17, 2020, April 21, 2020, May 22, 2020, June 22, 2020, July 22, 2020, August 21, 2020, September 21, 2020, October 20, 2020, November 20, 2020, December 7, 2020, January 8, 2021, February 8, 2021, March 8, 2021, and April 6, 2021. The conditions necessitating the declaration of a state of disaster and mayoral orders continue to exist. The Council needs to consent to and approve the Mayor's Disaster Declaration renewal. MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4263, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. DDN162432!Njovuft!Qbhf!22! 9. Council Calendar Council reviewed the calendar. 10. 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 Harvell reported on Historic Preservation Committee. 11. 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 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. No future Agenda Items were discussed. The College Station City Council reconvened into Executive Session at 9:20 p.m. on May 13, 2021, in order to continue discussing matters listed above in the minutes. Executive Session recessed at 10:11 p.m. no vote or action was taken in Executive Session. 12. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 10:11 p.m. on Thursday, May 13, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary DDN162432!Njovuft!Qbhf!23!