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HomeMy WebLinkAbout07/08/2021 - Regular Minutes - City CouncilCCM070821 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION JULY 8, 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 4:02 p.m. on Thursday, July 8, 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 4:02 p.m. on July 8, 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. CCM070821 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 5:51 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 Terri Sabella, Executive Director at HealthPoint, College Station, presented a brief update on the services HealthPoint offers. These include primary medical care, preventative dental care, and behavioral services to all residents of the greater Brazos Valley. 6. Workshop Items 6.1 Presentation, discussion, and possible action regarding design standards in College Station. Molly Hitchcock, Planning and Development Assistant Director, provided a summary of the non- residential architectural standards. There are variations to a few of the standards and additional mass and design standards specific to SC Suburban Commercial, MU Mixed Use, and WC Wellborn Commercial zoning districts to help provide an aesthetic and scale more appropriate for the respective areas. However, the GC General Commercial is the most common commercial zoning district in College Station and a summary of its UDO requirements are stated below: • Horizontal Façade Articulation (wall plane projections or recessions) • Building Entry Design • Architectural Relief (Canopies, awnings, wall plane projections, columns, pilasters, cornices, recessed entries, balconies, etc.) • Roof and Roofline Design • Building Materials (Texas Legislature passed H.B. 2439 in 2019, the City may no longer regulate building materials allowed by the International Building Code.) Mrs. Hitchcock explained that the Wolf Pen Creek and Northgate zoning districts are considered College Station’s “design” districts. These are areas with unique assets and challenges that warrant their own zoning regulations to support their establishment and growth as special places. As design districts, architectural guidelines and/or standards are applied to mixed use and residential buildings in addition to non-residential buildings. These districts were established over 30 years ago and the requirements have been amended over time. Staff performs reviews and approves designs and the Design Review Board considers specific exceptions to the ordinance. Wolf Pen Creek standards are designed to encourage the public and private use of Wolf Pen Creek and the corridor as an active and CCM070821 Minutes Page 3 passive recreational area. Northgate standards exist to facilitate a pedestrian-friendly, urban environment where people can eat, work, live, and recreate in an area within proximity to the university. 6.2. Presentation, discussion, and possible action on the FY 2021-2022 Proposed Budget. Mary Ellen Leonard, Director of Finance, presented the proposed FY 2021-2022 budget and noted that budget workshop meetings are scheduled for July 19th, 20th, and 21st to review the proposed budget of $353,737,474 and discussed key budget decision points. A public hearing is to be scheduled for July 27th, adoption of the budget scheduled for August 12th, and according to the charter, final action on the proposed budget must take place on or before September 27th. 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. 7.1. Presentation, possible action, and discussion of minutes for: • June 24, 2021 Council Meeting 7.2. Presentation, discussion, and possible action regarding approval of Change Order 1 to contract 18300472 with Schweitzer Engineering Laboratories (SEL) for an increase of $95,000, for a new total not to exceed amount of $495,000 and an extension of the term through May 31, 2022. 7.3. Presentation, discussion, and possible action regarding the rejection of received proposals and cancelation of RFP 21-051 for the Northgate Underground Conduit & Manhole Construction. 7.4. Presentation, discussion, and possible action regarding approval of Change Order 1 for the City’s annual price agreement with Techline Inc., for electric warehouse inventory of distribution conductor in the amount of $77,130 for an increase not to exceed total amount of $1,341,405. 7.5. Presentation, discussion, and possible action regarding approval of Amendment No. 1 to the Construction Manager at Risk (CMAR) contract with JaCody Construction, LP accepting the Guaranteed Maximum Price (GMP) of $1,799,989 for the new Facilities Maintenance building project. 7.6. Presentation, discussion, and possible action on calling a public hearing on the City of College Station FY 2021-2022 Proposed Budget for Tuesday July 27, 2021, at 6:00 PM in the City Hall Council Chambers. CCM070821 Minutes Page 4 MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 8. REGULAR ITEMS 8.1 Public Hearing, presentation, discussion, and possible action on Ordinance No. 2021-4273 for Budget Amendment 3 amending Ordinance No. 2020-4206 which will amend the budget for the 2020-2021 Fiscal Year in the amount of $55,027,286. Mary Ellen Leonard, Director of Finance, stated that the proposed budget amendment is to increase the FY21 budget appropriations by $55,027,286 primarily as a result of $48,333,000 for payment of electricity costs related to Winter Storm Uri, $2,882,568 related to the release of the COVID-19 hiring freeze as a result of additional sales tax received, $1,383,132 for the payment of grant funds received under the CARES Act to local hospitals for COVID-19 Relief, and $1,503,000 for the advance purchase of FY22 replacement items to minimize supply chain waiting times and purchasing spikes as a result of COVID-19. This amendment also includes five Interfund transfers totaling $8,382,176 that have no overall budget impact. If approved, the net revised budget appropriations will be $372,012,045. At approximately 6:44 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:44 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4273 for Budget Amendment 3 amending Ordinance No. 2020-4206 which will amend the budget for the 2020-2021 Fiscal Year in the amount of $55,027,286. The motion carried unanimously. 8.2. Public Hearing, presentation, discussion, and possible action regarding Resolution No. 07- 08-21-8.2 adopting Substantial Amendment 1 to the 2020 Annual Action Plan adding Public Facility as a Project and Goal; and moving $22,000 from Community Development Block Grant Administrative Funding to Public Facility for the design of a playground equipment replacement project at the Lincoln Recreation Center. Raney Whitwell, Community Development Analyst, stated that the normal life span of a playground and surfacing is fifteen years and the playground, swing, and surfacing at the Lincoln Recreation Center playground is past that date and needs to be replaced. The replacement project will include the removal of existing play equipment, surfacing, and swing and the installation of like equipment, swing, and surfacing. The project will also include the addition of seating and trash cans. Mrs. Whitwell explained that funding for the design of this project has been identified in the current year Community Development Budget, specifically Community Development Block Grant (CDBG) Administrative funds. CDBG allows for Public Facility activities to be carried out, but Public Facility was not a goal identified in the current year's Annual Action Plan. Substantial Amendment 1 to the Program Year 2020 Annual Action Plan adds the goal of Public Facility and moves $22,000 from CDBG Administration to Public Facility for the design of the Lincoln Recreation Center Playground Replacement project. The estimated construction cost is $235,925, and this amount will be included CCM070821 Minutes Page 5 in the proposed Program Year 2021 Annual Action Plan and FY2022 Community Development Budget. At approximately 6:50 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:50 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Cunha, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 07-08- 21-8.2, adopting Substantial Amendment 1 to the 2020 Annual Action Plan adding Public Facility as a Project and Goal; and moving $22,000 from Community Development Block Grant Administrative Funding to Public Facility for the design of a playground equipment replacement project at the Lincoln Recreation Center. The motion carried unanimously. 8.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4274 adopting the standards of care for the City's Parks and Recreation Department's elementary age (5-13) Youth Recreational Program. Kelly Kelbly, Parks and Recreation Assistant Director, stated that according to Section 42.041 of the Human Resources Code, the City Parks and Recreation Department shall adopt a Standard of Care Ordinance for the City's elementary age (5-13) Youth Recreational Program. This Ordinance must be adopted on an annual basis. In conjunction with the Legal Department, Parks & Recreation staff has drafted the ordinance for adoption. At approximately 6:54 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 6:54 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 Ordinance No. 2021- 4274, adopting the standards of care for the City's Parks and Recreation Department's elementary age (5-13) Youth Recreational Program. The motion carried unanimously. 8.4. Presentation, discussion, and possible action regarding a proposed amendment to the College Station City Charter to hold general elections in November of odd-numbered years rather than in November of even-numbered years. Carla Robinson, City Attorney, stated that prior to 2018, College Station’s general election was held annually each November. In 2018, the City Charter was amended to hold the general election in November of each even-numbered year. During the June 24, 2021, meeting, the Council discussed asking the voters to consider moving the City’s general election to November of each odd-numbered year as part of the charter amendment election planned for November 2, 2021. The Council directed the City Attorney to provide the Council with information and proposed proposition language at today’s meeting. At approximately 7:08 p.m., Mayor Mooney opened for Citizens Comments. CCM070821 Minutes Page 6 Don Moore, College Station, came to state is opposed to this item and surprised to see the council considering an item to lower voter turnout in City elections. He stated that on the odd years some members of the community may not be aware of a local election. Bobbi Rodriguez, College Station, came before council to oppose this item. She believes that the voters have already voted to have elections in even numbered years just 3 years ago. To her this is effectively an act of voter suppression and places the power of the vote in a small number of voters. Elianor Vessali, College Station, opposes this item and has concerns about some statements that this item will concentrate the vote in the hands of “educated voters.” She takes issue with the idea of educated voters being of more value as voters and is concerned about other potential ways that only educated voters would be selected. There being no comments, the Citizens Comments was closed at 7:20 p.m. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Brick, the City Council voted four (4) for and three (3) opposed, with Mayor Mooney and Councilmembers Nichols and Cunha voted against, to approve a proposed amendment to the Station City Charter to hold general elections in November of odd-numbered years rather than in November of even-numbered years. The motion carried. 8.5 Presentation, discussion, and possible action regarding Ordinance No. 2021-4275 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Bryan Woods, City Manager, stated that on July 2, 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, May 7, 2021, and June 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 Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021- 4275, consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. 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 CCM070821 Minutes Page 7 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 Brick reported on the opening of Phase II of the Fun for All on July 27, 2021. Councilmember Cunha congratulated Tanya Smith, City Secretary for being selected as the Texas Municipal Clerk of the Year by the Texas Capital Chapter and Ian Whittenton, Deputy City Secretary for being nominated for TMCA Capital Chapter Clerk of the Year. 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) Nothing to report. 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 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 Harvell requested an item on ethics or policy on Committee members appointed by Council to a City Committee. Councilmember Crompton requested an item on possible paths to completing Texas Avenue, and ways to convert other roadways into boulevards. 13.Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 7:58p.m. on Thursday, July 8, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary