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HomeMy WebLinkAbout08/12/2021 - Regular Minutes - City Council MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION AUGUST 12, 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 4:01 p.m. on Thursday, August 12, 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, §551.072- Real Estate, and §551.074-Personnel the College Station City Council convened into Executive Session at 4:01 p.m. on August 12, 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; and 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; and DDN192332!Njovuft!Qbhf!2! Kenneth Foley v. City of College Station. B. Deliberation on the purchase, exchange, lease, or value of real property; to wit: Property located generally at the intersection of State Highway 6 and Harvey Road in College Station. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Manager Council Self-Evaluation Executive Session suspended at 5:42 p.m. and will return after the public meeting. 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 signed up to speak. 6. Workshop Items 6.1. Presentation, discussion, and possible action regarding cluster subdivisions and ways to increase their use. Rachel Lazo, Planning and Development, stated that at the May 27, 2021, City Council requested an update on cluster subdivisions and ways to incentivize them. Staff provided a presentation on the background on the cluster subdivision process in College Station and some potential ways to increase their use. There are Conventional Subdivisions and Cluster Housing Subdivision, such as Southern Trace and Greens Prairie Reserve. Options/Incentives for Increased Use Density Bonuses (10-15% more units) Parkland Credit Require clustering for large scale developments (25,50,75+ acres) Additional design standards Majority of the Council directed staff to move forward with the Options/Incentive MOTION: Upon a motion made by Councilmember __________ and a second by Councilmember _____________, the City Council voted seven (7) for and none (0) opposed, to approve the cluster subdivisions and ways to increase their use. The motion carried unanimously. 7. CONSENT ITEMS DDN192332!Njovuft!Qbhf!3! 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. Consent Items 7.8, 7.9 and 7.14 were pulled for discussion. Item (7.8) Richard Mann, Fire Chief, gave a brief explanation of the agreement for emergency medical supplies with Bound Tree Medical, LLC for an estimated annual expenditure of $120,000. The ILA authorizes the cities to jointly prepare bids and proposals for the purchase of goods and services. It also allows the Cit interest. The City of Midlothian has conducted a formal sealed bid process for emergency medical supplies and executed an annual price agreement with Bound Tree Medical, LLC on February 10, 2021. Item (7.9) Pete Caler, Interim Public Works Director, stated that the proposed agreement would allow CTTV, LLC dba Team 3 Rentals to collect recyclables from commercial businesses and multi-family locations within the City of College Station. The company will be responsible for developing on-site collection of recyclables so as not to interfere with the collection of municipal solid waste (MSW). Item (7.14) Emily Fisher, Assistant Director Capital Projects, stated that this agreement will allow the City to widen the roadway across the railroad right of way with the payment of Right-of-Way fee, Maintenance fees and a Construction reimbursement payment from the City to Union Pacific Railroad. The amount to be paid to UPRR totals $1,137,796. This includ right of way, $221,000 for maintenance of the crossing for the next 20 years, and $821,796 for the construction of the railroad crossing signal. 7.1. Presentation, possible action, and discussion of minutes for: July 19, 2021 Meeting July 20, 2021 Meeting July 22, 2021 Council Meeting July 27, 2021 Special Meeting August 3, 2021 Special Meeting 7.2. Presentation, discussion, and possible action regarding the first of two renewals of a contract with Engineering Consultants, Inc. for an annual amount not-to-exceed $600,000 for electrical engineering services. 7.3. Presentation, discussion, and possible action regarding Change Order 2 in the amount of $93,440 with Halff Associates, Inc for the Barron/Capstone Realignment project. 7.4. Presentation, discussion, and possible action on Ordinance No. 2021-4282 amending Chapter 2, 2-118 by amending certain sections relating to fees. 7.5. Presentation, discussion, and possible action on Ordinance No. 2021-4283 amending DDN192332!Njovuft!Qbhf!4! 7.6. Presentation, discussion, and possible action on Ordinance No. 2021-4284 amending -family and Duplex Unit Rental -248 by amending certain sections relating to fees. 7.7. Presentation, discussion, and possible action on the BVWACS Annual Operating and Maintenance and Capital budget. 7.8. Presentation, discussion, and possible action regarding approval of an annual blanket price agreement for emergency medical supplies with Bound Tree Medical, LLC for an estimated annual expenditure of $120,000. 7.9. Presentation, discussion, and possible action on the second reading of franchise agreement Ordinance No. 2021-4285 with CTTV, LLC dba Team 3 Rentals for the collection of recyclables from commercial businesses and multi-family locations. 7.10. Presentation, discussion, and possible action regarding the first renewal of a service contract between the City of College Station and Rios Tree Services, Inc., for an annual amount not to exceed $150,000 for tree trimming and removal services. 7.11. Presentation, discussion, and possible action on approving an annual contract not-to- exceed $102,550 with Buyers Barricades Houston for the 2021 TAMU Football Post Game Day Traffic Control. 7.12. Presentation, discussion, and possible action regarding the first renewal of a contract for Overhead Electric Distribution Construction and Maintenance to Southern Electric Corporation of Mississippi for an amount not to exceed $750,000. 7.13. Presentation, discussion, and possible action on an amendment adding Burleson County to the BVWACS Partnership and BVWACS Managing Entity Agreements. 7.14. Presentation, discussion, and possible action regarding an agreement between the City of College Station and Union Pacific Railroad Company to construct a railroad crossing at the intersection of Deacon Drive and FM 2154 and closing the existing crossing at Cain Road and FM 2154. 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 the Consent Items. The motion carried unanimously. 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action on the City of College Station 2021 advertised ad valorem tax rate of $0.534618 per $100 valuation resulting in an increase in tax revenues. Mary Ellen Leonard, Finance Director, presented the public hearing on the tax rate. The proposed tax rate of 53.4618 cents per $100 assessed valuation will generate $51,722,744 in taxes. There is no increase in the tax rate from the 2020 tax rate proposed. The property taxes are used to fund the DDN192332!Njovuft!Qbhf!5! general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. The certified property valuation totaled $10.434 billion, which is a total increase of approximately a 4.35% increase in value over last year. The proposed budget recommends a tax of 2.8777 cents per $100 of assessed valuation. The proposed tax rate is 53.4618 cents per $100 assessed valuation with the Maintenance and Operations rate being 31.8175 cents per $100 assessed valuation; and the Debt Service rate being 21.6443 cents per $100 assessed valuation. At approximately 6:20 p.m., Mayor Mooney opened the Public Hearing. Michael Lee, College Station, is representing a group of citizens and came before Council to address concerns related to the tax rate. He referenced several recent Texas State Senate bills related to local government tax notification, agreeing with features in the bills such as notification to citizens and rate controls. He stated that even though the tax rate stayed the same taxes were raised and that the utility fund transfer is effectively a tax. Also, Mr. Lee believes that debt should be eliminated from the budget and the city should adopt zero-based budgeting. There being no comments, the Public Hearing was closed at 6:31 p.m. 8.2. Presentation, discussion, and possible action on Ordinance No. 2021-4286 adopting the City of College Station 2021-2022 Budget; and presentation, discussion, possible action ratifying the property tax revenue increase reflected in the budget. Mary Ellen Leonard, Finance Director, noted the Council will need to take two actions: 1) consider the FY 2021-20222 proposed budget in the amount of $354,003,411; including proposed revisions of an increase of $265,937; and 2) ratify the property tax revenue increase reflected in the budget. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2020-4286, the proposed FY22 budget for the City of College Station including proposed revisions of an increase of $265,937 for a total proposed budget with revisions of $354,003,411. The motion unanimously carried. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to approve ratifying the property tax increase reflected in the FY22 Budget. The motion unanimously carried. 8.3. Presentation, discussion, and possible action on approval of Ordinance No. 2021-4287 adopting the City of College Station 2021-2022 ad valorem tax rate of $0.534618 per $100 assessed valuation, the debt service portion being $0.216442 per $100 assessed valuation and the operations and maintenance portion being $0.318176 per $100 assessed valuation. Mary Ellen Leonard, Director of Finance, presented the FY 2021-2022 ad valorem tax rate. The proposed tax rate of 53.4618 cents per $100 assessed valuation is the same as the current tax rate. Also, presented the debt service portion being $0.216442 per $100 assessed valuation and the operations and maintenance portion being $0.318176 per $100 assessed valuation. At approximately 6:59 p.m., Mayor Mooney opened for Citizen Comments. DDN192332!Njovuft!Qbhf!6! Craig Regan, College Station, came before council to share his opinion that part of the money raised through the rise in property values would be better off in the hand of the taxpayers. There being no comments, the Citizen Comments was closed at 6:01 p.m. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4287, that the property tax rate be increased by the adoption of a tax rate of 53.4618 cents per $100 assessed valuation, which is effectively a 2.50 percent increase in the tax rate. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Nichols and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the maintenance and operations rate at 31.8176 cents per $100 assessed valuation; and the debt service rate at 21.6442 cents per $100 assessed valuation. The motion carried unanimously. 8.4. Presentation, discussion, and possible action Resolution No. 08-12-21-8.4 adopting fees, rates and charges as Mary Ellen Leonard, Finance Director, stated that Exhibit A of Section 2-118 of Chapter 2, Ordinances, City of College Station, Texas is being revised to clarify the charging of collection fees for returned checks, charge back fees and notary public fees. The detail of revenue history and budget estimates by major fund can be found in the Fiscal Year 2022 budget document in the appendix section. There is no change to the anticipated revenue for FY22 for this clarification. FY 22 Fee Adjustments Planning Rate tied to CPI-U for all sections administered by Department Increase thru Dec 2020 of 1.7% Anticipating increase for FY23 of ~5% or more Parks Rates typically change in the late wintertime frame annually Fire Clarified 2 person minimum to standby special events Ambulance Billing contract is out for bid currently Fiscal Services Court Fees are primarily determined by the State Legislature Clarified Consolidated Court fee. No change in rate Clarified NSF and Notary fee. No Change in rate FY22 Utility Rates Electric Rates Reclassifications to better account for Transmission Delivery Adjustment DDN192332!Njovuft!Qbhf!7! Possible change if Uplift charges from Winter Storm are revised Water & Wastewater Rates Rate Study waiting on Council Impact Fee decision FY22 Utility / Fee Parking Rates proposed to increase competing with University Parking Solid Waste Rate tied to CPI-U Increase thru Dec 2020 of 1.7% Anticipating increase for FY23 of ~5% or more Drainage Rate tied to CPI-U Increase thru Dec 2020 of 1.7% Anticipating increase for FY23 of ~5% or more Roadway Maintenance Rate tied to CPI-U Increase thru Dec 2020 of 1.7% Anticipating increase for FY23 of ~5% or more 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 approve Resolution No. 08-12- 21-8.4, e Station, Texas. The motion carried unanimously. 8.5. Presentation, discussion, and possible action regarding Ordinance No. 2021-4288 consenting to and extending the Mayor's renewal of a disaster declaration due to public health emergency. Bryan Woods, City Manager, stated that on August 6, 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, June 7, 2021, and July 2, 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 Harvell and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4288, 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. DDN192332!Njovuft!Qbhf!8! 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 Maloney wanted to recognize David Gerling and Werner Rose for spearheading the Fun for all Park. Councilmember Cunha thanked the College Station Pool Staff for their work. Councilmember Brick reported on the Arts Council fund raising event. Councilmember Nichols reported on the memorial bench for Marsy Clarke that was placed at the Fun for All Playground. 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 Cunha reported on the Bicycle Pedestrian and Greenways Committee and the comprehensive plan evaluation process. Mayor Mooney reported on the Brazos Valley Council of Governments and the Medical School. 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 a future item on a possible update to the previous history of the City of College Station book which documented 1938-1988 and possibly appointing a subcommittee to explore costs or an RPF. Councilmember Harvell requested a date be placed on the item requested by Mayor Mooney on neighborhood integrity. Councilmember Cunha requested a future item on the ordinance restricting citizens from charging for parking in neighborhoods. DDN192332!Njovuft!Qbhf!9! Executive Session reconvened at 7:41 p.m. Councilmember Crompton recused himself from Executive Session an left the meeting. Executive Session recessed at 8:09 p.m. 13. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 8:09 p.m. on Thursday, August 12, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary DDN192332!Njovuft!Qbhf!:!