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HomeMy WebLinkAbout06/10/2021 - Regular Minutes - City Council MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION JUNE 10, 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 In-Person and Teleconference at 4:00 p.m. on Thursday, June 10, 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, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 4:00 p.m. on June 10, 2021, 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. DDN172132!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 D. Delibe wit: Power Supply Executive Session recessed at 5:23 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. 5. Hear Visitors Comments No one spoke at this time. 6. Workshop Items 6.1. Presentation, discussion, and possible action regarding the 2020 Incentive Compliance Report by the Brazos Valley Economic Development Corporation. Natalie Ruiz, Economic Development Director, introduced Matt Prochaska with Brazos Valley Economic Development Corporation. Matt Prochaska, BVEDC, presented the 2020 Incentive Compliance Report. For 2020, six (6) projects under agreement were monitored for performance compliance by the Brazos Valley Economic Development Corporation on behalf of Brazos County, the City of Bryan, and the City of College Station. Advanta US Axis Pipe & Tube FUJIFILM Diosynth Biotechnologies Texas @ Biocorridor LSPI Viasat Wayfair DDN172132!Njovuft!Qbhf!3! 6.2. Presentation, discussion, and possible action related to the feasibility survey findings of a College Station Community Recreation Center in collaboration with the YMCA of Greater Williamson County. Steve Wright, Parks and Recreation Director, presented a high-level overview of the survey results conducted by FourSquare Research in 2020, upon request from Council. The firm that was hired to review the market readiness of a community recreation center, and highlighted technique, targeted area and results. FourSquare Study Conducted February 2020 Telephone interviews with 600 randomly selected households in Brazos County 21% of those surveyed were affiliated with a fitness center Three possible locations were proposed: Near Beachy Central Park Near Fire Station 6 Near Baylor Scott & White Hospital Central Park and Station 6 locations had highest response rating Program Interest 4.6% of all unaffiliated households expressed a great deal of interest in joining a recreation center (higher than the national average of 4.5%) 26 program categories Top four programs and services received moderate interest (scale: very low, low, moderate, high, very high) Outdoor Pool Children & Family Programs Soccer Teen Programs Council directed staff to: Advance project independently of the Citizens Advisory Committee Consider project along with other projects through Citizens Advisory Committee Research and recommend: Recreation center operations management (CoCS or YMCA) Recreation programming opportunities with outside agencies (e.g., YMCA) 7. CONSENT ITEMS 7.1 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. Item 7.3 was pulled from Consent for clarification. (7.3): Debbie Eller, Community Services Director, stated that the mechanism presented included developing a civil penalty for non-compliance with the ordinance. The property owner would have DDN172132!Njovuft!Qbhf!4! 30 days to complete registration after being contacted by City staff and the civil penalty would range from not less than $25 to not more than $100 if non-compliance continues. Mrs. Eller explained that for egregious non-compliance, each day a violation continues will be a separate offense. This penalty structure is like the current penalty in place for false alarm responses. 7.1. Presentation, possible action, and discussion of minutes for: May 27, 2021 Council Meeting 7.2. Presentation, discussion, and possible action regarding approval of ITB 21-045 for the Annual Price Agreement for the Electric Warehouse Inventory purchase of Three-Phase Transformers with estimated annual expenditures in the amount not to exceed $1,127,618 and awarded to KBS Electrical Distributors. 7.3. Presentation, discussion, and possible action on Ordinance No. 2021-4268 to amend Chapter 103, "Buildings and Building Regulations," Article V, "Single-Family and Duplex Unit Rental Registration". Council pulled Consent Item 7.3 for a separate vote. 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 the Consent Items, with the exception of Item 7.3. The motion carried unanimously. (7.3) MOTION: Upon a motion made by Councilmember Cunha and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items 7.3 with if local, or owner's local contact person to obtain tenant information in the event of an emergency, public safety need or when a City, State or Federal law violations has occurred on or in the property. The motion carried unanimously. 8. REGULAR ITEMS 8.1 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4269 amending the Comprehensive Plan Future Land Use and Character Map from Wellborn Preserve-Open to Wellborn Commercial for approximately 2 acres, generally located at 3970 Gus Roy Road. Jesse Dimeolo, Planning and Development, stated that the applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Wellborn Preserve-Open to Wellborn Commercial for approximately 2 acres, generally located at 3970 Gus Roy Road. The subject property and properties immediately adjacent to the west and south are primarily designated as Wellborn Preserve-Open on the Comprehensive Plan Future Land Use and Character Map, while the properties to the east are Restricted Suburban, and the properties to the north are Restricted Suburban and Wellborn Commercial. This Comprehensive Plan Amendment is in preparation for a PDD rezoning of the property to allow for additional commercial options in the area. It is the The proposed amendment to Wellborn Commercial would create a commercial land use designation that has minimal roadway frontage and is surrounded by residential uses. This would also create an isolated commercial use away from F.M. 2154, which the Wellborn Community Plan states should be closer to F.M. 2154. The Wellborn Commercial land use designation is inappropriate for this property as it DDN172132!Njovuft!Qbhf!5! is surrounded by existing and future residential and as it is not located in an area that the Wellborn Community Plan describes as appropriate for commercial uses. The Planning and Zoning Commission heard this item at their May 20, 2021, meeting where they voted 5-2 to recommend denial. Staff also recommends denial of the request. At approximately 7:09 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:09 p.m. Veronica Morgan, Mitchell and Morgan, Representative of the Applicant gave for time to Jane Cohan. Jane Cohan, College Station, came before the Council to state that an owner should have the right to do what want with their property within reason. Also, a business would be better then what is there now, plus across the street is already commercial. 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 deny Ordinance No. 2021-4269, amending the Comprehensive Plan Future Land Use and Character Map from Wellborn Preserve-Open to Wellborn Commercial for approximately 2 acres, generally located at 3970 Gus Roy Road. The motion carried unanimously. 8.2 Presentation, discussion, and possible action on Ordinance No. 2021-4270 authorizing the issuance of up to Certificates documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to said certificates; and enacting other provisions relating to the subject. Mary Ellen Leonard, Finance Director, stated that the City Council is authorized to approve the published of t April 24th such notices were duly published. It is at the recomme Advisor, Ms. Marti Shew with Hilltop Securities, Inc., that the City issue Certificates of Obligation for utility projects rather than Utility Revenue Bonds. This issue will provide resources for street, information technology, equipment maintenance facility and fleet vehicles, electric, water and sewer systems improvements, and debt issuance costs. If this ordinance is approved, the City Council will be delegating to the Mayor, the City Manager, and the Assistant City Manager/CFO the authority to complete the sale of the certificates and which must be completed by June 10, 2022. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against to adopt Ordinance No. 2021-4270, authorizing the issuance of up to $62,443,000 in principal authority to certain city officials to execute certain documents relating to the sale of the certificates; approving and authorizing instruments and procedures relating to said certificates; and enacting other provisions relating to the subject. The motion carried. DDN172132!Njovuft!Qbhf!6! 8.3 Presentation, discussion, and possible action regarding Ordinance No. 2021-4271 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Bryan Woods, City Manager, stated that on June 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, April 6, 2021, and May 7, 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 Councilmember Nichols and a second by Councilmember Crompton, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021- 4271, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. The motion carried unanimously. 8.4 Presentation, discussion, and possible action regarding the appointments of representatives to serve as a member of the Impact Fee Advisory Committee. 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 appoint James Murr and Richard Woodward for a two-year term to the Impact Fee Advisory Committee (IFAC). The motion carried unanimously. 9. Council Calendar Council reviewed the calendar. 10. 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 announcements involving an 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 Cunha spoke about the celebration and proclamation for the Brazos Valley Vaccination HUB event. 11. 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. DDN172132!Njovuft!Qbhf!7! 12. 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. Councilmember Crompton requested staff to look into improving the vegetation protection around the College Station municipal cemetery located on Texas Avenue due to encroaching uses adjacent to the facility. The College Station City Council reconvened into Executive Session at 7:47 p.m. on June 10, 2021, in order to continue discussing matters listed above in the minutes. Executive Session recessed at 8:23 p.m. no vote or action was taken in Executive Session. 13. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 8:23 p.m. on Thursday, June 10, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary DDN172132!Njovuft!Qbhf!8!