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HomeMy WebLinkAbout09/23/2021 - Regular Minutes - City CouncilCCM092321 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION SEPTEMBER 23, 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 4:00 p.m. on Thursday, September 23, 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 4:00 p.m. on September 23, 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 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 CCM092321 Minutes Page 2 B. Consultation with attorney to receive legal advice; to wit:  Legal advice regarding potential City participation in the global opioid settlements.  Legal issues related to enforcement of violations of zoning restrictions by allowing more than four unrelated individuals to reside in a single-family dwelling unit. C. Deliberation on the purchase, exchange, lease, or value of real property; to wit:  An approximately 19-acre tract of land along the north frontage road of Texas State Highway 6 south at its intersection with Corporate Parkway. D. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  Municipal Court Judge  City Attorney  City Manager  Council Self-Evaluation 3. Reconvene from Executive Session and take action, if any. Executive Session suspended at 5:56 p.m. and will return after the public meeting. 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 draft land use assumptions, capital improvement plans, and roadway costing template for the upcoming 5-year study updates of roadway, water, and wastewater impact fees. Jason Schubert, Planning and Development, introduced Jeff Whitacre, Kimley-Horn and Richard Weatherly, Freese and Nichols who will present the draft land use assumptions (LUA) and capital improvements plans (CIP), and roadway costing template for the 5-year study updates of roadway, water, and wastewater impact fees. Jeff Whitacre and Richard Weatherly presented an overview of land use assumptions:  Establishes Infrastructure Demands used in Master Plans  Population and Housing Unit Projections obtained from projected new developments  Coordinate with Future Land Use Plan  Known Developments  Infill  Focus Areas  GIS Based Mr. Whitacre stated that as most stakeholder questions and concerns involved roadway impact fees, staff met with a development stakeholder group on August 23rd to discuss the draft LUA and CIP. CCM092321 Minutes Page 3 He explained that in response to the feedback, staff has revised the draft roadway CIP to remove Rock Prairie Road West that is west of Holleman Drive South and Holleman Drive South that is south of Rock Prairie Road West due to wastewater limitations within the next 10 years. Also, the amount of roadway the city is responsible for will be reduced in the study for those that are anticipated to be at least partially constructed by development. Staff does not recommend pursuing the third item that would remove roadways that have been constructed or have City funds allocated toward them. These roadways are eligible impact fee projects, have excess capacity that future development will use, and the City is paying debt service. The IFAC was presented the draft LUA and CIP for each of the study updates on September 2, 2021. There was general agreement amongst IFAC on the draft documents including the revised approach for roadway impact fees. Some IFAC members expressed interest in more roadways being considered while another requested that additional roadways be removed and questioned some of the land use assumptions. Feedback from Council will be used to finalize the study updates so they may be presented to IFAC for their final comments in October and presented to Council in November for formal consideration and adoption. Mr. Schubert stated that the stakeholder feedback is summarized into 3 major themes: 1) some roadways should not be included until wastewater limitations are resolved; 2) major collectors/developer-built roads should be considered differently; and 3) roadways that have been completed or have City funds allocated toward them should not be included in the impact fee CIP. Staff Recommended Major Themes  Recommended: Some roadways not needed until Wastewater is planned Portions of Holleman Dr S and Rock Prairie Rd W removed from impact fee CIP  Recommended: Major Collectors/developer-built roads should be considered differently Major Collectors to be built by development reduced to 42% and 4-lane roads reduced by 50% to account for portions assumed to be constructed by development.  Not Recommended: Not include roadways that already have funds allocated Excess capacity for future development remains, City paying debt toward projects. A majority of the City Council expressed general approval of the direction of the studies conducted to date and directed staff to look into ways to exempt low-income housing from impact fees as well as perform an analysis on the opportunity cost of using property taxes compared with impact fees. 7. 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 Co nsent Agenda for a separate vote. No items pulled for discussion. 7.1. Presentation, possible action, and discussion of minutes for:  September 9, 2021 Council Meeting CCM092321 Minutes Page 4 7.2. Presentation, discussion, and possible action regarding the renewal of a contract with Utility Restoration Services, Inc. for annual pad-mount equipment repair and restoration in the amount of $321,644.66. 7.3. Presentation, discussion, and possible action regarding approval of the City’s Annual Price Agreement for Electric Outdoor Breakers for Substations, with an estimated annual expenditure for Anixter Inc. not to exceed $119,110. 7.4. Presentation, discussion, and possible action regarding City of College Station Excess Liability and Workers’ Compensation Insurance, Property/Boiler & Machinery, Commercial Crime, EMT Liability, Auto Property Damage, Cyber Liability, and Unmanned Aircraft liability and property. FY22 premiums for all lines of coverage are not to exceed $844,000. 7.5. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Amber Alert Network Brazos Valley for FY22 in the amount of $5,000. 7.6. Presentation, discussion, and possible action approving Resolution No. 09-23-21-7.6 authorizing expenditure to the Aggieland Humane Society, Inc. in the amount of $261,600. 7.7. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Council of the Brazos Valley for FY22 in the amount of $35,000. 7.8. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Arts Council of the Brazos Valley for FY22 in the amount of $463,000. 7.9. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Bryan/College Station Chamber of Commerce for FY22 in the amount of $25,000. 7.10. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Brazos Valley Economic Development Corporation for FY22 in the amount of $350,000. 7.11. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the College Station Noon Lions Club for FY22 in the amount of $16,500. 7.12. Presentation, discussion, and possible action on a funding agreement between the City of College Station and the Memorial for All Veterans of the Brazos Valley for FY22 in the amount of $30,000. 7.13. Presentation, discussion, and possible action regarding a professional services contract with Bleyl Engineering in the amount of $308,000 for the Medical District Interceptor Project Phases II and III project. 7.14. Presentation, discussion, and possible action regarding Change Order 3 deducting $131,425 from the professional services contract with Jones & Carter, Inc. for the East Side Sewer project. CCM092321 Minutes Page 5 7.15. Presentation, discussion, and possible action regarding an agreement between the City of College Station and Belmont Icehouse, LLC for marketing an d advertising services in the amount of $400,000. 7.16. Presentation, discussion, and possible action regarding the approval of a contract with Jaco Roofing & Construction, Inc. for the roof replacement at 2611 Texas Ave. in the amount of $117,970. 7.17. Presentation, discussion, and possible action on the first reading of a ten (10) year franchise agreement with the City of Bryan for retail sale of electricity within the City of College Station as certificated to Bryan by the Public Utility Commission of Texas. 7.18. Presentation, discussion, and possible action approving the Second 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 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. Presentation, discussion, and possible action regarding a construction contract with Larry Young Paving Inc. in the amount of $4,992,868 for the Rock Prairie Road West Widening Project. James Smith, Capital Projects, stated that the City is undertaking a project to widen Rock Prairie Road West from FM 2154 to Holleman Drive from a 2-lane rural roadway to 3 lane concrete section with bike lanes and sidewalks. This includes widening the railroad crossing and improving the interconnect signal at the Rock Prairie and FM 2154 intersection. This will significantly help with the mobility and safety of this intersection. Widening the crossing and improving the gates of the existing crossing requires design and approval by Union Pacific Railroad. The project was bid via sealed bid proposal in July 2021, RFP #21-056. Two (2) sealed proposals were submitted, and Larry Young Paving was selected as the top scoring responder. He stated that a budget in the amount of $7,390,000 was included for this project in the Streets Capital Projects Fund. A total of $2,074,250.55 has been expended or committed to date, leaving a balance of $5,315,749.45 in the total project budget for this construction contract. 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 a construction contract with Larry Young Paving Inc. in the amount of $4,992,868 for the Rock Prairie Road West Widening Project. The motion carried unanimously. 8.2. Presentation, discussion, and possible action on Ordinance No. 2021-4300 amending Ordinance No. 2021-4281 ordering a General and Special Election to be held on November 2, 2021 for the purpose of electing City Councilmember Place 4 and City Councilmember Place 6, submitting proposed amendments to the City Charter to the voters; establishing early voting locations and polling places for this election; and making provisions for conducting the election. CCM092321 Minutes Page 6 The amended ordinance modifies the election day voting locations for voting in the general and special election. (Presentación, posible acción y discusiónsobre la modificación de la Ordenanza No. 2021-4281 ordenando que se celebren elecciones generales y especiales el 2 de noviembre de 2021 con el propósito de elegir al Miembro del Concejo Municipal Lugar 4 y el Lugar 6 del Concejo Municipal, presentando propuesta enmiendas a los Estatutos de la Ciudad para los votantes; el establecimiento de lugares de votación anticipada y lugares de votación para esta elección; y tomar las disposiciones necesarias para llevar a cabo la elección.) Tanya Smith, City Secretary, stated that this amendment to the Election Ordinance has been brought to council because Christ United Methodist Church informed our Election Administrator that their facility will not be available for November due to the construction in that area. The Election Administrator has contacted other facilities in that area, and the y are either unavailable or do not have adequate parking available. Mrs. Smith explained that there will be proper signage and a list of other locations to vote at posted at Christ United Methodist Church on Election Day. Also, we will place the maps on our website and on all social media to inform the voters. There will still be 24 other vote centers available to all citizens on Election Day, including the Graham Road Meeting and Training Facilities, which is normally not available on Election Day. MOTION: Upon a motion made by Councilmember Brick and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021-4300, amending Ordinance No. 2021-4281 ordering a General and Special Election to be held on November 2, 2021 for the purpose of electing City Councilmember Place 4 and City Councilmember Place 6, submitting proposed amendments to the City Charter to the voters; establishing early voting locations and polling places for this election; and making provisions for conducting the election. The amended ordinance modifies the election day voting locations for voting in the general and special election. 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 Harvell recognized Sherry Frisk and HPC for preserving the history of College Station by identifying unmarked graves in our cemeteries. Councilmember Maloney recognized the CSPD for officer promotions and their dedication to continuing education. Councilmember Maloney recognized Holy Cross Lutheran Church for the live oak trees they have CCM092321 Minutes Page 7 planted. 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 Nichols report on the Health Board. 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 f actual 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 presentation from Jane Cohan on the project she is working on for the La Villita Chapter of the Daughters of the American Revolution. Mayor Mooney requested an item on how to expand our resources to better communicate with our Northgate Bars and Restaurants. Executive Session reconvened at 7:41 p.m. Executive Session recessed at 9:09 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 9:10 p.m. on Thursday, September 23, 2021. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary