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HomeMy WebLinkAbout06/24/2021 - Regular Minutes - City CouncilCCM062421 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION JUNE 24, 2021 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell Elizabeth Cunha – via remote John Nichols - absent Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Carla Robinson, City Attorney Ian Whittenton, Deputy City Secretary Lisa McCracken, Records Management Administrator 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 4:04 p.m. on Thursday, June 24, 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, and §551.074-Personnel the College Station City Council convened into Executive Session at 4:03 p.m. on June 24, 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. CCM062421 Minutes Page 2  City of College Station v. Brazos Re Investors Group, LLC. Cause No.612CC; In the County Court at Law No. 1 of Brazos County, Texas. B. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Manager  Council Self-Evaluation Executive Session recessed at 5:07 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 Brick and a second by Councilmember Crompton, the City Council voted six (6) for and none (0) opposed, to accept Councilmember Nichols’s absence request for June 24, 2021. The motion carried unanimously. 5. Presentation - Proclamations, Awards, and Recognitions. 5.1. Mayor Mooney presented a proclamation to Chief Mann and members of the College Station Fire Department for the departments 50th Anniversary. 5.2. Mayor Mooney presented former Councilmember Anne Hazen a proclamation to honor her service to the community. Former Mayor Lynn McIlhaney and current Councilmember Bob Brick also provided comments on her public service. 6. Hear Visitors Comments Megan Diaz, College Station, stated that she represents the Borgen Project which focuses on fighting poverty. She would like to inform the city council about the poverty-reduction bills her organization supports and motivate them to contact congress about these issues. Mayor Mooney recessed the meeting at 5:40 p.m. The meeting resumed at 6:10 p.m. 7. Workshop Items 7.1. Presentation and discussion regarding the stormwater mitigation plan for Texas A&M Aggie Park. Anthony Armstrong, Planning and Development, provided an overview of the stormwater mitigation plan for the Aggie Park project. He stated that the proposed project will place an underground detention pond under a new parking lot with an additional above pond for backup. This proposal is in compliance with the BCS guidelines stating proposed flows must be less than or equal to existing CCM062421 Minutes Page 3 flows and a TAMU interlocal agreement requirements making the proposed flows 10% less than a study done in 1987. 7.2. Presentation and discussion of proposed changes to the Comprehensive Plan Future Land Use & Character Map, which is a part of the 10-year update. Alyssa Halle-Schramm, Planning and Development, stated that this item is a preliminary review of the proposed changes to the Comprehensive Plan Future Land Use & Character Map. Staff highlighted major changes and asks the Council to provide direction in advance of public engagement efforts beginning later this summer. The proposed Future Land Use & Character Map is available for review in a Map Book format. There are three components that work in tandem: 1) the Future Land Use category descriptions, 2) the Map Book, and 3) the table of proposed changes. 1) The Future Land Use category descriptions include narrative descriptions of each proposed land use category. Major changes to the categories that are depicted on the Future Land Use & Character Map include a reduction in the number of cat egories (from 25 to 17), the addition of new categories (Neighborhood Center and Mixed Residential), the combining of similar residential land uses, the refinement of Natural & Open Areas based on more recent data including flood data, and general map clean-up items. 2) The Map Book is a city-wide map of the proposed Future Land Use & Character Map divided into grids. For each detailed grid page there is a side-by-side comparison of the existing and proposed land uses. The proposed changes are numbered and have corresponding descriptions within the table of proposed changes. 3) The table of proposed changes is numbered based on the grid location in the Map Book. All proposed changes are assigned a number and have a corresponding description. Numbers 1-6 are used multiple times to reflect changes that apply in multiple areas, such as the refinement of Natural & Open Areas. All changes are categorized by one of three types: “clean-up item,” “change in use,” or “reclassification.” “Reclassification” was chosen for areas that were previously classified as Urban or Urban Mixed-Use land uses because these categories were overhauled into Urban Center, Neighborhood Center, and Urban Residential. “Reclassification” was also selected for the previous Restricted Suburban and General Suburban land uses because these were combined into one category named Suburban Residential. Staff recommends that the Council provide direction as appropriate. The Planning & Zoning Commission heard this item at their June 17th meeting on the informational agenda. Council provided direction for staff to move forward with the public engagement efforts as planned, with one land use change recommendation in the area generally located south of the intersection of William D. Fitch Parkway and State Highway 6. Mayor Mooney recessed the meeting at 7:39 p.m. The meeting resumed at 7:47 p.m. 7. CONSENT ITEMS CCM062421 Minutes Page 4 8.1 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. 8.1. Presentation, possible action, and discussion of minutes for:  June 10, 2021 Council Meeting 8.2. Presentation, discussion, and possible action regarding the approval of the third and final renewal of a contract with Brazos Paving, Inc. for the installation of a one-inch overlay with specialty mix as needed for an amount not to exceed $432,000. 8.3. Presentation, discussion, and possible action for the purchase of cameras and installation service with IVS, Inc. dba AngelTrax. for the installation of surveillance cameras on City vehicles for an amount not to exceed $349,741.82 8.4. Presentation, discussion, and possible action for the purchase of network hardware and installation service for the new City Hall from the Personal Computer Store dba Avinext through the Texas Department of Information Resources Contract (DIR-TSO-4160) for not-to- exceed amount of $256,788. 8.5. Presentation, discussion, and possible action regarding approval of a professional services contract with Kimley-Horn and Associates for the Holleman Drive West at Jones Butler Road roundabout project in the amount of $201,900 and a Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. 8.6. Presentation, discussion, and possible action regarding approval of Change Order No. 4 in the amount of $69,395.18 for the Lick Creek Trunk Line construction con tract with Thalle Construction Company, Inc. Mayor Mooney made a correction to the caption for item 8.6, stating it should read $69,895.18. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 8. REGULAR ITEMS 9.1 Public Hearing, presentation, possible action, and discussion regarding Ordinance No. 2021-4272 vacating and abandoning a 1,973 square foot portion of right-of-way, said portion lying and being situated in the J.E. Scott League, Abstract Number 50 in College Station, Texas, and being a portion of the Ayrshire Street right-of-way as shown on the final plat of the College Park Subdivision recorded in Volume 38, Page 602 of the Deed Records of Brazos County, Texas. Elizabeth Pedersen, Planning and Development, stated that the abandonment of a 1,973 square foot portion of right-of-way lying and being situated in the J.E. Scott League, Abstract Number 50 in College Station, Texas and being a portion of the Ayrshire Street right-of-way as shown on the final CCM062421 Minutes Page 5 plat of the College Park Subdivision recorded in Volume 38, Page 602 of the Deed Records of Brazos County, Texas. The right-of-way abandonment is being requested by the applicant to accommodate future redevelopment of the property. Two public utility easements were dedicated by separate instrument for existing public water and electrical infrastructure, but the remainder of the right-of- way is no longer needed. At approximately 7:54 p.m., Mayor Mooney opened the Public Hearing. Robert Starnes, College Station, came before council to request that this item be postponed allowing for a safety study to be done. Tina Auntis, Dallas, came before council as the applicant to request that the council pass this item. There being no comments, the Public Hearing was closed at 8:16 p.m. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, the City Council voted five (5) for and one (1) opposed, with Mayor Mooney voting against, to deny Ordinance No. 2021-4272, vacating and abandoning a 1,973 square foot portion of right -of- way, said portion lying and being situated in the J.E. Scott League, Abstract Number 50 in College Station, Texas, and being a portion of the Ayrshire Street right-of-way as shown on the final plat of the College Park Subdivision recorded in Volume 38, Page 602 of the Deed Records of Brazos County, Texas. The motion carried. 9.2. Public Hearing, presentation, discussion, and possible action regarding the proposed FY 2022 (PY 2021) Annual Action Plan and Community Development Budget. Debbie Eller, Community Services Director, stated that the community development programming for the City of College Station is currently directed by the 2020-2024 Consolidated Plan. Each year the City is required to submit to a one-year Annual Action Plan describing projects, activities, and budget to be funded with the community development grants received. Annual Action Plan activities must correspond to the 5-Year Consolidated Plan. The total grant funds available next year are $1,448,329 in Community Development Block Grant (CDBG) funds and $595,662 in HOME Investment Partnership Program Grant (HOME) funds. These amounts include carry-over funds from previous years and new year allocation amounts of $1,219,430 in CDBG and $480,625 in HOME funding. CDBG and HOME funds may only be used to: (1) benefit low- and moderate-income persons; (2) aid in the elimination of slum and blighting influences; and/or (3) meet an urgent community need. Further, CDBG funds may be used to meet local needs through a wide range of community development activities, while HOME funds may only be used for affordable housing activities. The Consolidated Plan, Annual Action Plan, and budget must be delivered to HUD no later than August 16, 2021. Staff will return to Council at the July 22nd meeting to make available the final drafts of the plans and budget and to request adoption. Mrs. Eller explained that to better address Economic Development needs identified, staff proposes the development of a Façade Improvement Program to assist College Station businesses. If adopted as part of the Annual Action Plan goals, staff will work to develop guidelines for Council consideration at a later date. At approximately 8:31 p.m., Mayor Mooney opened the Public Hearing. CCM062421 Minutes Page 6 There being no comments, the Public Hearing was closed at 8:31 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 approve the proposed FY 2022 (PY 2021) Annual Action Plan and Community Development Budget. The motion carried unanimously. 9.3. Presentation, discussion, and possible action regarding approval of a construction contract with Cervantez Construction in the amount of $457,905.40 for the Eastgate Neighborhood Sidewalk and Southwood Sidewalk Improvements Project. Emily Fisher, Assistant Director Capital Projects, stated that this project includes two separate sidewalk projects. The first project is the construction of a new sidewalk along the east side of Nunn Street from Lincoln Avenue to Walton Drive, on the north side of Walton Drive from Nunn Street to Puryear Drive, and the east side of Puryear Drive from Walton Drive to James Pkwy. The City of College Station identified the need for the sidewalk as a part of the Eastgate Neighborhood Plan. This connection will allow residents to walk from Lincoln Avenue to an existing sidewalk around Thomas Park and beyond. The second project includes construction of a new sidewalk along the east side of Southwood Drive from Valley View Drive to FM2818 and along the west side of Southwood Drive from FM2818 to Todd Trail. The sidewalks along Southwood were identified as a need in the Bicycle, Pedestrian, and Greenways Master Plan. The project was bid via Competitive Sealed Proposal (CSP) in April 2021, RFP #21-035. Five (5) proposals were submitted. After evaluation, Cervantez Construction was selected. MOTION: A motion was made by Mayor Mooney and a second by Councilmember Cunha to approve a construction contract with Cervantez Construction in the amount of $457,905.40 for the Eastgate Neighborhood Sidewalk and Southwood Sidewalk Improvements Project. MOTION TO AMEND: Upon a motion to amend made by Councilmember Harvell and a second by Councilmember Brick, the Council voted two (2) for and four (4) opposed, with Mayor Mooney and Councilmembers Cunha, Maloney, and Crompton opposed, to approve the construction contract with Cervantez Construction for the Eastgate Neighborhood Sidewalk less the portion for the Southwood Sidewalk Improvements Project. The motion failed. The City Council then voted five (5) for and one (1) opposed, with Councilmember Harvell opposed, to approve a construction contract with Cervantez Construction in the amount of $457,905.40 for the Eastgate Neighborhood Sidewalk and Southwood Sidewalk Improvements Project. The motion carried. 9.4. Presentation, discussion, and possible action regarding the approval of a general services contract with Marnoy Interest, LTD dba OP in the amount of $1,616,029.91 for the purchase, installation, and moving services of furniture for the new city hall project. Emily Fisher, Assistant Director Capital Projects, stated that this contract with OP includes the purchase and installation of all new furniture for the new city hall building. The contract also includes moving services for staff from existing offices to the new building. Furnishings included in this purchase include workstations and office furniture, conference room tables and chairs, reception area furniture, break room furniture and all other ancillary furniture for the building. Moving services will CCM062421 Minutes Page 7 assist staff in moving other items, such as files, books, and other small furniture items that are needed in the new building. Fiscal services’ is managing the auction and/or disposal of furnishings no longer needed in the existing city hall. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Crompton, the City Council voted six (6) for and none (0) opposed, to approve a general services contract with Marnoy Interest, LTD dba OP in the amount of $1,616,029.91 for the purchase, installation, and moving services of furniture for the new city hall project. The motion carried unanimously. 9.5 Presentation, discussion, and possible action regarding proposed amendments to the College Station City Charter. Carla Robinson, City Attorney, stated that during the February 5, 2021, Council retreat, the Council discussed the possibility of holding a special election on November 2, 2021, to propose charter amendments to the voters related to ethical requirements for city council members. In particular, the Council discussed proposing a change to Section 116 of the charter related to personal interests. The current language, adopted in 2012, requires city officials and employees to comply with state law pertaining to conflicts of interest. Prior to 2012, officials and employees were prohibited from having any financial interest direct or indirect in any contract with the City or from being financially interested directly or indirectly in the sale to the City of any land, materials, supplies or services. The current language is less restrictive than the former. During the February 5th retreat, the Council indicated a general desire to move back to the more restrictive requirement as it applies to city council members and an interest in calling a special election to ask the voters to decide. Further, at the February 5th retreat, the Council determined to include in a possible charter amendment election a new section that would require city council members to both disclose any campaign contributions in excess of $500 and abstain from participating in and voting on any matter before the Council if the matter before the Council would materially benefit the campaign contributor. To proceed with a November 2, 2021, special election, the Council will need to consider the ballot language proposed for these two changes and provide any direction. The Council will subsequently consider an ordinance calling the special election at the July 22, 2021, council meeting. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Maloney, the City Council voted four (4) for and two (2) opposed, with Mayor Mooney and Councilmember Cunha voting against, to approve a proposed ballot language amendment for Section 116 of the charter related to personal interests, to the College Station City Charter for the November 2, 2021 Special Election. The motion carried. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to approve a proposed ballot language amendment adding a new section that would require city council members to both disclose any campaign contributions in excess of $500 and abstain from participating in and voting on any matter before the Council if the matter before the Council would materially benefit the campaign contributor, to the College Station City Charter for the November 2, 2021 Special Election. The motion carried unanimously. Council directed the City Attorney to bring back an informational item at the next meeting to discuss amending the College Station City Charter to move elections to odd numbered years. CCM062421 Minutes Page 8 10. Council Calendar Council reviewed the calendar. 11. 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. No items to report. 12. 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 Cunha reported on Bicycle, Pedestrian, and Greenways Committee. 13 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 standing list of council generated future agenda items. A Council Member’s or City Staff’s 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 Cunha requested a workshop item on placing solar panels on City owned buildings and review of the solar program for residential customers. 14. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 10:09 p.m. on Thursday, June 24, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary