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HomeMy WebLinkAbout08/26/2021 - Regular Minutes - City CouncilCCM082621 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION AUGUST 26, 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 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 4:02 p.m. on Thursday, August 26, 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, §551.074-Personnel, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 4:03 p.m. on August 26, 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 CCM082621 Minutes Page 2  City of College Station v. Gerry Saum, Individually, and as Independent Executr ix of the Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District Court, Brazos County, Texas; and 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 D. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit:  Power Supply Executive Session recessed at 6:01 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. Presentation - Proclamations, Awards, and Recognitions. 5.1. Gerald Burgner, Historic Preservation Committee Chairperson, provided a brief overview of the Historic Marker program. Mayor Mooney presented Historical Marker 108 to the Dresser family for their residence at 501 Fairview Avenue. Also present in person and by zoom were members of the Historical Preservation Committee. 6. Hear Visitors Comments No one signed up to speak. 7. Workshop Items 7.1. Presentation, discussion, and possible action regarding supporting communication between developers and neighborhoods. Michael Ostrowski, Planning and Development Director, stated that at the April 8, 2021, City Council meeting the Council requested a future workshop item on ways to support communication between the development community and neighborhoods. Staff presented the City’s current notification processes for certain developments, as well as recommendations on how to improve the notification processes, and further communication efforts between developers and the neighborhoods. Current Notification Process CCM082621 Minutes Page 3  Published notice in newspaper  Mailed notice to property owners within 200 feet  Sign erected at the property  Notice sent to nearby registered homeowners or neighborhood associations  Neighborhood News email sent to subscribers (700+)  Encourage neighborhood meetings Staff Recommendations  Require a mailed notice for Comprehensive Plan Future Land Use Map amendments  Require neighborhood presentations for Comprehensive Plan Future Land Use Map amendments – continue to encourage for other requests  Incorporate online engagement tools  Notify via email registered homeowners' associations within 200 feet  Improve signage at the property  Direct engagement strategies for projects A majority of the City Council directed staff to move forward with the recommendations that were presented, as well as looking at options for including QR codes on the signage and other materials, as well as finding ways to increase the awareness of email notifications to interested persons. It was decided to move forward with these recommendations to see what impact they would on citizen participation and awareness. If such recommendations do not increase citizen participation and/or awareness, the City Council would like staff to analyze changing the required distance for notifications to great than 200 feet. 7.2. Presentation, discussion, and possible action regarding additional information for the implementation of a remote pay parking system for on-street parking and in City-owned parking lots and facilities. Debbie Eller, Community Services Director, stated that at the July 22nd City Council meeting, staff presented a proposed remote pay parking system implementation to address on-street parking in residential neighborhoods during certain events, such as football games. This presentation provided additional information collected during public engagement and provide the program details for implementation. Proposed Program  Delay implementation for neighborhoods outside of Northgate  Study gameday parking and traffic through 2021, continued public engagement, and further develop the proposed program  Implement ParkMobile system in Northgate District  Timeline: 30 – 60 Days  Contract with ParkMobile – not to exceed $75,000 for 3 years At approximately 742 p.m., Mayor Mooney opened for Citizen Comments. George Dresser, College Station, stated he agrees that gameday parking will bring in revenue for the City of College Station and he agree that the technology is available to implement Gameday parking with a high degree of automation, but he does not think this is something the residents of College Station want. The proponent of the parking fee has a plan to exempt residents. The program will be CCM082621 Minutes Page 4 a hassle for the residents and a hassle for Community Services. There will be many unintentional mistakes before we all learn how the program works. Just one example, he changed cars or change the vehicle's tag and forget to notify Community Services, a $50 mistake. New student residents will have to learn every semester. Community Services has its plate full and pay parking will not foster any goodwill. We do not want this, nor can he imagine does Community Services want this. The only benefit he sees to Gameday parking is increased revenue for the city. Are we so desperate that we need to implement a program that will irritate visitors and residents and place additional burdens on our Community Services staff? We do not need to do this. There being no comments, the Citizen Comments was closed at 7:43 p.m. Majority of the Council directed staff to move forward with remote pay parking system in Northgate. 7.3. Presentation, discussion, and possible action regarding possible amendments to the City's Parkland Dedication Ordinance. Steve Wright, Parks and Recreation Director, stated that staff presented a workshop item on March 25, 2021, on three potential amendments to the Park Land Dedication Ordinance. These amendments included:  Reducing the parkland dedication zones,  Eliminating the parkland dedication distinctions between neighborhood parks and community parks, and  Having a standard review of the fees. Council provided direction at that time, and later requested that Staff also look at additional items, which included:  Updating the cost information relating to the average per acre price for land,  Ensuring that the park development fee recognizes passive parks,  Granting developers up to a 50% credit if they provide private park land and/or amenities on the site, and  Granting developers up to a 100% credit if they provide private park land and/or amenities on the site in the City's extraterritorial jurisdiction (ETJ). Michael Ostrowski, Planning and Development Director, presented three sets of fees: Standard Review of Fees, Average Cost Per Acre, and Recognize Passive Parks in Fee. Mr. Ostrowski also presented credit for private facilities within the city and the ETJ with the proposed amendments of the Parkland Dedication Ordinance. Credit for Private Facilities: Up to 50% if developer provides private park land and/or amenities of the site.  Parks would be private and can only be used by residents within the subdivision  Additional demand by the subdivision is partially offset by the private park  Residents will still use other parks within the zone/city  Concern as it relates to future improvements of parks (private and public)  Savings as it relates to maintenance  Likely still going to be constructed CCM082621 Minutes Page 5 Credit for Private Facilities in ETJ: Up to 100% if developer provides private park land and/or amenities of the site.  Already have a reduction in fee ($625 vs. $1,261) o ETJ only has Community Park requirements o Challenge with acquiring land after development Staff reviewed these items and provided a presentation and recommendation on them to seek direction from the City Council. Majority of the Council directed staff to move forward as presented. At 8:40 p.m., the Mayor recessed the Council Meeting. The Council Meeting reconvened at 8:52 p.m. 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. Consent Items 8.5 and 8.6 were pulled for discussion. (8.5): Troy Rother, Senior Engineer, stated that this item will modify the traffic control device inventory by updating Chapter 38, “Traffic and Vehicles,” Schedule III and IV by adding STOP signs and YIELD signs at various intersection approaches throughout the city. The list of tho se locations can be found in the attachments. (8.6): Emily Fisher, Assistant Director Capital Projects, stated that this ordinance amendment will modify the traffic control device inventory by updating Chapter 38, “Traffic and Vehicles,” Schedule III and IV by adding STOP signs at various intersection approaches impacted by the Southside Safety Improvements Project. 8.1. Presentation, possible action, and discussion of minutes for:  August 12, 2021 Council Meeting CCM082621 Minutes Page 6 8.2. Presentation, discussion, and possible action regarding the first renewal of two (2) for professional services contracts with McCord Engineering, Inc. in an amount not to exceed $600,000 for electrical engineering services. 8.3. Presentation, discussion, and possible action regarding approval of a Contract Renewal for the City’s Annual Price Agreement with Techline Inc., for electric warehouse inventory of Air Switches with a ten percent unit price increase in the amount of $18,900, for a total not to exceed contract amount of $207,900. 8.4. Presentation, discussion, and possible action regarding the approval of a contract with E Contractors USA, LLC for building repairs to the City of College Station Municipal Court Building in the amount of $138,923.34. 8.5. Presentation, discussion, and possible action regarding Ordinances 2021-4289 and 2021- 4290 amending Chapter 38, “Traffic and Vehicles”, “Traffic Schedule III, Stop Signs” and “Traffic Schedule IV, Yield Signs” by adding various new stop signs and yield signs. 8.6. Presentation, discussion, and possible action regarding Ordinance No. 2021-4291 amending Chapter 38, “Traffic and Vehicles”, Article VI, “Traffic Schedule II, Four -way stop intersections” and “Traffic Schedule III, Stop Signs” by adding various new stop signs. 8.7. Presentation, discussion, and possible action ratifying the First Amendment to the Property Purchase Agreement between the City of College Station and Costco Wholesale Corporation for an approximately 18.670-acre tract of land located generally near the intersection of Earl Rudder Freeway and Corporate Drive in the Midtown Business Park. 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 approve the Consent Items. The motion carried unanimously. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2021-4292 vacating and abandoning a 994 square foot portion of a 10-foot wide Public Utility Easement, a 2,512 square foot portion of a 15-foot wide Public Utility Easement, and a 2,512 square foot portion of a 15-foot wide Right of Way within Lots 1-6, Block ‘C’ of the College Heights Subdivision, according to the plat recorded in Volume 124, Page 259, of th e Official Records of Brazos County, Texas. Alma Guerra, Planning and Development, stated that the Right of Way and Easement abandonments are proposed by the applicant to address site constraints recognized during redevelopment of the property. The 994 square foot portion of a 10-foot wide Public Utility Easement of the Right of Way and Easements subject to abandonment are no longer necessary, as there is no need for public access within the right of way and no public infrastructure within either easement. At approximately 9:02 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:02 p.m. CCM082621 Minutes Page 7 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. 2020-4292, vacating and abandoning a 994 square foot portion of a 10-foot wide Public Utility Easement, a 2,512 square foot portion of a 15-foot wide Public Utility Easement, and a 2,512 square foot portion of a 15-foot wide Right of Way within Lots 1-6, Block ‘C’ of the College Heights Subdivision, according to the plat recorded in Volume 124, Page 259, of the Official Records of Brazos County, Texas. The motion unanimously carried. 9.2. Public Hearing, presentation, discussion and possible action regarding Ordinance No. 2021-4293 amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to WC Wellborn Commercial on approximately one acre located in the Benjamin Graham Subdivision, Block B, Lots 1-6, generally located at 14889- 14895 FM 2154. Jesse Dimeolo, Planning and Development, stated that this request is to rezone approximately 1 acre of land located on FM 2154 (Wellborn Road), between Madison Street and Victoria Avenue, from R Rural to WC Wellborn Commercial. The tract was originally zoned R Rural upon annexation into the City in 2011. This zoning request is in effort to bring the existing businesses into compliance for future development. The applicant has stated that the current R Rural zoning is not the highest and best use for the property. The market price of the land exceeds the allowed use of the property and therefore is not marketable without a rezoning. The Planning and Zoning Commission heard this item at their August 19, 2021, regular meeting where they voted unanimously to recommend approval. Staff also recommends approval of the rezoning. At approximately 9:09 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 9:09 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2020- 4293, amending Appendix A, “Unified Development Ordinance," Article 4, "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundaries from R Rural to WC Wellborn Commercial on approximately one acre located in the Benjamin Graham Subdivision, Block B, Lots 1-6, generally located at 14889- 14895 FM 2154. The motion unanimously carried. 9.3. Presentation, discussion, and possible action regarding a notification of a change order in the amount of $789,970.76 with the Texas Department of Transportation (TXDOT) for the utility relocations for the FM 2818 widening project and authorizing the City Manager to execute the acknowledgement notification. Emily Fisher, Assistant Director Capital Projects, stated that the City of College Station executed an advance funding agreement (AFA) with TXDOT for the widening of FM 2818 within the general limits of FM 2154 (Wellborn Rd) to FM 60 (University Dr/Raymond Stotzer Pkwy) which included relocation of portions of the city’s water infrastructure due to conflicts with the road widening project. CCM082621 Minutes Page 8 This amendment is to cover the cost of a change order for TXDOT to execute with the construction contractor for installation by bore of new 18 inch and 36-inch diameter water transmission lines crossing FM 2818 and the abandoning and grout filling of the existing lines and casing. The costs in the AFA are fixed; however, the city is responsible for any overrun costs because of a change order initiated by the city. In this case the lines could not be constructed as originally proposed by the city. Therefore, the city is responsible for the costs of the new construction method. TXDOT is required to notify the city of these costs, although payment will not be due until the end of the project when an audit of the project is completed. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Brick, the City Council voted seven (7) for and none (0) opposed, to approve a change order in the amount of $789,970.76 with the Texas Department of Transportation (TXDOT) for the utility relocations for the FM 2818 widening project and authorizing the City Manager to execute the acknowledgement notification. The motion carried unanimously. 9.4. Presentation, discussion, and possible action regarding Resolution No. 08-26-21-9.4 of the City Council of the City of College Station, Texas, determining that a fee simple containing approximately 102.4 acres of land, is needed to be acquired from Gerry L. Saum, for the construction, operation, and maintenance of a public park as part of the Westside Community Park Project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Emily Fisher, Assistant Director Capital Projects, stated that on September 11, 2017, the city entered into an agreement to purchase from Gerr y Saum, approximately 102.4 acres of land for the construction, operation, and maintenance of a public park as part of the Westside Community Park Project. Subsequently, a dispute arose between the parties regarding the agreement. The dispute has not been resolved. This resolution authorizes the institution of eminent domain proceedings to acquire the needed land. MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Harvell, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to adopt Resolution No. 08-26-21-9.4, authorizing the use of eminent domain to acquire approximately 102.4 acres of property belonging to Gerry L. Saum as described in the resolution for public park use. The motion carried. Recorded Vote: Mayor Mooney - aye Councilmember Brick - aye Councilmember Crompton - aye Councilmember Harvell - aye Councilmember Cunha - nay Councilmember Nichols - aye Councilmember Maloney - aye 10. Council Calendar Council reviewed the calendar. CCM082621 Minutes Page 9 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. Bryan Woods, City Manager, thanked the first responders and all the work they in the community. 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 Nichols reported on the Health Board and BVSWMA. 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 f or 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 Maloney requested a future item providing an update on the proposed military heritage museum at Veteran’s Park. 14. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 9:28 p.m. on Thursday, August 26, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary