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HomeMy WebLinkAbout01/27/2022 - Regular Minutes - City Council MINUTES OF THE CITY COUNCIL MEETING VIA TELECONFERENCE CITY OF COLLEGE STATION JANUARY 27, 2022 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 4:07 p.m. on Thursday, January 27, 2022, 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 4:08 p.m. on January 27, 2022, 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 DDN123833!Njovuft!Qbhf!2! B. Consultation with attorney to receive legal advice; to wit: Legal Advice Concerning a Recent Title VII Claim. Legal Advice Concerning Financial Disclosure Requirements for City Officials and Candidates for City Office. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Secretary City Manager Council Self-Evaluation (Mayor Pro Tempore) 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 5:56 p.m. 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. Presentation to the Planning and Development Services Department in recognition of receiving the Planning Excellence Award from the Texas Chapter of the American Planning Association, recognizing a commitment to professional planning. Mayor Mooney presented the Planning and Development Services department a plaque recognizing th them for the 15 year of receiving the 2021 Richard R. Lillie Planning Excellence Award. 6. Hear Visitors Comments Dennis Arce, College Station, came before Council to discuss three (3) different points: First, he stated that Lacey Lively does not have an assistant and Council should consider paying her the vacant assistants pay along with her salary for all that she does; Second, he expressed how Council should consider replacing the six (6) individuals appointed to the BCAC from the Community Partners list as they did not apply for the positions; Third, he request Council to also have a designated area for speaking at the meeting because citizens may not know they would like to speak until they hear the item. Fred Dupriest, College Station, came before Council to present the 2022 Southside Initiative to Reduce Illegal Occupancy and illegal o. Summary of Southside Initiative Increase in Land Appraisal and Taxes in College Park Over 11 yrs. 2019 College Park Brazos CAD Land Valuations Favorable Investment Assumptions Were Used How Many Renters is Required to Achieve a 7% ROI? Each Illegal Renter Has a Large Impact on Potential Land Value Incremental Tax Paid by Other Owners Who Choose Not to Break The law 7. Workshop Items DDN123833!Njovuft!Qbhf!3! Mayor Mooney changed the order of the Workshop Items, 7.3 was present first then 7.1 and 7.2. 7.1. Presentation, discussion, and possible action on the election of Mayor Pro Tempore. MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to appoint Councilmember Nichols as Mayor ProTem. The motion carried unanimously. 7.2. Presentation, discussion, and possible action regarding an overview of traffic congestion and mobility issues and strategies and methods to address them. Jason Schubert, Planning and Development, presented an overview of existing traffic congestion, what projects have and are being done, and potential future actions and approaches that could be done to evaluate and address traffic congestion and mobility issues. Mr. Schubert also explained that the Integrated Mobility chapter of the updated Comprehensive Plan that was adopted at the October 14, 2021 during the Council meeting staff -going mobility-related actions. When implemented, these actions are intended to help achieve the stated -connected, multi-modal system serving all user types Recent Mobility Projects (2017-2021) Diverging Diamond Interchange University Drive Bike/PED Improvements Holleman Drive South Texas Avenue raised medians Midtown Drive Upcoming Mobility Projects Harvey Mitchell Parkway (FM 2818) Jones Butler Road Deacon drive Wes SH 6 Rock Prairie Road Summary Implement Comprehensive Plan Strategic Actions Continue collaboration with other regional partners Funding for mobility projects Update design standards to better support all modes Develop performance measure to assess and prioritize needed improvements A majority 10-year plan on gap levels, cost and how it will affect the traffic congestion. Also, how to reduce traffic congestion around the University and how to control the congestion one mile out from the school, with additional direction to examine the University Plan and where to connect with them. 7.3. Presentation, discussion, and possible action related to a project, Tomb of the Unknown Soldier Never Forget Garden Veterans Memorial, presented by the DAR Chapters. DDN123833!Njovuft!Qbhf!4! Steve Wright, Parks and Recreation Director, introduced Jane Cohan with the Daughters of the American Revolution Chapter. Jane Cohan and Sherry Frisk, College Station, presented the commemorate of the 100th Anniversary of the Tomb of the Unknown Soldier, in cooperation with several local organizations, the Daughters of the American Revolution Chapters have developed a memorial to be added to the Brazos Valley Veterans Memorial in Veterans Park, which would be the Tomb of the Unknown Soldier Never Forget Garden Veterans Memorial. Fundraising has begun and partners in this project are being sought from within the community. 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. No items were pulled for discussion. 8.1. Presentation, possible action, and discussion of minutes for: January 13, 2022 Council Meeting 8.2. Presentation, discussion, and possible action on the second reading of a franchise agreement Ordinance No. 2022-4327 with Zters Inc., dba Zters Site Services for the collection of recyclables from commercial businesses and multi-family locations. 8.3. Presentation, discussion, and possible action on approving an annual blanket purchase order for the purchase of repair parts and repair labor for fire trucks from Lonestar Freightliner Group, LLC through the BuyBoard Purchasing Cooperative with an estimated annual expenditure of $180,000. 8.4. Presentation, discussion, and possible action on approving annual purchases of auto parts, shop equipment and services from NAPA Auto Parts (College Station, TX) through the Purchasing Solutions Alliance in the annual not-to-exceed amount of $180,000. 8.5. Presentation, discussion, and possible action on approving an annual blanket purchase order for the purchase of repair parts and repair labor for fire trucks from Siddons-Martin Emergency Group through the BuyBoard Purchasing Cooperative with an estimated annual expenditure of $250,000. 8.6. Presentation, discussion, and possible action on approving annual tire purchases and retread services from Southern Tire Mart, LLC through the BuyBoard Purchasing Cooperative in the annual not-to-exceed amount of $350,000. 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 approve the Consent Items. The motion carried unanimously. 9. REGULAR ITEMS DDN123833!Njovuft!Qbhf!5! 9.1. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2022-4328 for Budget Amendment 1 amending Ordinance No. 2021-4286 which will amend the budget for the 2021-2022 Fiscal Year in the amount of $14,282,430. Michael DeHaven, Assistant Finance Director, stated that the proposed budget amendment is to increase the FY22 budget appropriations by $14,282,430 primarily because of the encumbrance roll, increases in grants and capital improvement project expenditures. Mr. DeHaven provided a summary with a complete description of the items included on the proposed budget amendment. This amendment also includes four interfund transfers totaling $9,387,256 that have no overall budget impact. Fleet Replacement Fund transfer for FY21 vehicles $6,302,256; 1207 Texas Ave.; Renovations funding from the General Fund $2,500,000; Memorial Cemetery Shop funding from the; General Fund $395,000; and IT Replacement Fund transfer for replacement host server $190,000 Mr. Dehaven stated that there are 4 interfund transfers for consideration and the revised budget for FY22 with budget amendment 1 would be $368,285,841. At approximately 7:57 p.m., Mayor Mooney opened the Public Hearing. Dennis Arce, College Station, stated instead of using money from the General Fund to pay for road work they City should find a way to have TAMU pay for University Drive improvements and repairs. There being no comments, the Public Hearing was closed at 7:58 p.m. 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 adopt Ordinance No. 2021- 4328, on Budget Amendment 1 amending Ordinance No. 2021-4286 which will amend the budget for the 2021-2022 Fiscal Year in the amount of $14,282,430. The motion carried unanimously. 9.2. Public Hearing, presentation, discussion, and possible action regarding the FY2021 DDN123833!Njovuft!Qbhf!6! Comprehensive Plan and Unified Development Ordinance (UDO) Annual Review. Tamanna Tasnum, Planning and Development, stated that throughout 2021, City staff worked to implement the recommended changes which included revising goals, policies, actions, narrative, and maps, along with associated maps from related master plans. The City Council adopted the updated Comprehensive Plan on October 14, 2021, which many of the new actions within the updated plan are already underway or are scheduled to begin in 2022: FY2021 Construction Projects, Design Projects and Programs. At approximately 8:15 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:15 p.m. 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 accept the FY2021 Comprehensive Plan and Unified Development Ordinance (UDO) Annual Review. The motion carried unanimously. 9.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022-4329 amending Appendix A , Station, Texas by changing the zoning district boundary from NG-1 Core Northgate and C-U College and University to NG-1 Core Northgate for approximately 0.288 acres generally located east of the intersection of Wellborn Road and University Drive. Robin Macias, Planning and Zoning, stated that this request is to rezone approximately 0.288 acres of undeveloped land generally located east of the intersection of Wellborn Road and University Drive from NG-1 Core Northgate and C-U College and University to NG-1 Core Northgate. The property was previously TXDOT right-of-way which has been abandoned and it is now in private ownership and will be developed with the adjacent property. This zoning request is to allow for the development of the abandoned right-of-way. The Planning and Zoning Commission heard this item at their December 16, 2021, meeting where they voted unanimously to recommend approval. Staff also recommends approval of the rezoning. At approximately 8:22 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 8:22 p.m. 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. 2022-4329, the zoning district boundary from NG-1 Core Northgate and C-U College and University to NG-1 Core Northgate for approximately 0.288 acres generally located east of the intersection of Wellborn Road and University Drive. The motion carried unanimously. 9.4. Presentation, discussion, and possible action on a proposed Resolution No. 01-27-22-9.4 that repeals and replaces Resolution No. 2-9-2006-13.04 with revisions to the City's policy on the extension of water and DDN123833!Njovuft!Qbhf!7! extraterritorial jurisdiction (ETJ). Gary Mechler, Water Services Director, stated that these updates will be made by repealing the 2006 resolution and replacing it with the present proposed resolution contained in this item. The proposed that this item is a routine update and includes some changes that allow greater flexibility for future City Council-approved exceptions. The existing resolution: 1. Identified prior comprehensive plan utility objectives, 2. Prohibited water and wastewater service extensions outside of the City limits without annexation, and 3. In specific cases, allowed the City Council to grant exceptions. 1. Updates that will align this policy with the current Comprehensive Plan. 2. Revisions regarding City Council-approved exceptions to this policy allowing greater flexibility for future City Council approved exceptions which are in the best interest of the City. 3. Revisions regarding ownership and operation of package sewage treatment plant facilities. 4. Provisions to consider exemptions for Health and Safety or the best economic interest of the City. A related change was made in Resolution No. 08-12-21-8.4, as amended, requiring all customers receiving sewer service outside of the City's corporate limits or under contract to pay all established rates, with an additional 50 percent surcharge (reference in Section 2-117 of the City of College Station Code of Ordinances). Item 9.5 is dependent on approval of this item. MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 01- 27-22-9.4, that repeals and replaces Resolution No. 2-9-2006-13.04 with revisions to the City's policy extraterritorial jurisdiction (ETJ), with modifications adding language for health and safety reasons and/or the best financial economic benefit. The motion carried unanimously. 9.5. Presentation, discussion, and possible action to approve Resolution No. 01-27-22-9.5 allowing an exception to the City's utility extension policy to allow the owner of 3 Vista Lane to construct sewer Gary Mechler, Water Services Director, stated that Mr. Ken Havel, on behalf of property owner Mark Dudley, has requested the City provide sanitary sewer service to the property located at 3 Vista Lane, next to this property and along Lorri Lane to provide sanitary sewer service for seven properties outside of the City limits along Vista Lane and Lorri Lane. Mr. Mechler explained that the City policy currently prohibits the extension of sewer service outside the City limits without annexation. However, the policy does allow the City Council to grant exceptions as it deems necessary in the best interest of the City. If an exception is approved, the property owner would be responsible for bearing an additional 50% surcharge on all established sewer rates (as defined in Resolution No. 08-12-21- 8.4, as amended). DDN123833!Njovuft!Qbhf!8! Impact of Exemption City policy currently prohibits the extension of sewer service outside the City limits without annexation. However, the policy does allow the City Council to grant exceptions as it deems necessary in the best interest of the City. If an exception is approved, the property owner would be responsible for all infrastructure surcharge on all established sewer rates (as defined in Resolution No. 08-12-21-8.4, as amended). MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Brick, the City Council voted three (3) for and four (4) opposed, with Councilmembers Brick, Crompton, Cunha, and Maloney voting against, to approve Resolution No. 01-27-22-9.5, allowing an exception to the City's utility extension policy to allow the owner of 3 Vista Lane to construct sewer infrastructure sanitary sewer system, in the best interest of health and safety and economic benefit. The motion failed. 9.6. Presentation, discussion, and possible action on a construction contract with Progressive Commercial Aquatics, in the amount of $246,878 for removal and installation of plastering at Adamson Lagoon and Cindy Hallaran swimming pools. Steve Wright, Parks and Recreation Director, stated that Progressive Commercial Aquatics will remove and haul away existing plaster material and install improved, upgraded plaster, designed to withstand bather load and extreme temperatures, at City pools. Upon completion, the contractor will supply start up chemicals and ensure a safely, balanced water chemistry. Scope Remove and install improved, upgraded plaster Remove and install new media filter material Restart and chemically balance pools Finding Parkland Dedication Zone A/B General Fund $246,878 MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to approve a construction contract with Progressive Commercial Aquatics, in the amount of $246,878 for removal and installation of plastering at Adamson Lagoon and Cindy Hallaran swimming pools, with General Revenue Funds. The motion carried unanimously. Mayor Mooney recessed the meeting at 8:58 p.m. The meeting resumed at 9:10 p.m. 9.7. Presentation, discussion, and possible action regarding Ordinance No. 2022-4330 amending Chapter 38 and Vehicles," Article VI "Traffic Schedules," Section 38-1014 "Traffic Schedule XIV," to remove parking along Birmingham Road. DDN123833!Njovuft!Qbhf!9! Troy Rother, Traffic Engineer, stated that complaints were received regarding large vehicles parking on both sides of the street along Birmingham Road. Upon review and discussion with both the Transportation Committee and the Traffic Management Team, a plan to prohibit parking has been proposed. The Concern Access Large vehicles navigating Birmingham Road Trucks parking on both sides of the streets Liability Damages for both City and private property Crashes 2 crashes involving CSU vehicles 2021 1 crash involving private resident 2022 The Plan Improves access and egress along the corridor and driveways Improves safety for drivers and vehicles Proposed bike & pedestrian facility Addresses operation issues Provides access for roadway maintenance Needed for future development driveways Recommendation Recommends City Council approve an ordinance to remove parking from both sides of Birmingham Road from SH 6 to the CSU entrance. No recommendation from the Transportation & Mobility Committee Parking removal has been presented Traffic Management Team twice Transportation & Mobility Committee twice Ordinance is effective 10 days after passage. The Alternate Plan Prohibit parking near all intersections and driveways to maintain sufficient sight distance. Will still allow limited truck parking while maintaining safety Typical observed parking is 784 feet Available parking space using this plan is 1490 feet At approximately 9:27 p.m., Mayor Mooney opened for Citizen Comments. Tammie Phillips, College Station, came before Council to express her concern about the removal of all parking and is in support of the alternative plan, that will still allow some parking for truckers and small business owners. There being no comments, the Citizen Comments was closed at 9:30 p.m. MOTION: Upon a motion made by Councilmember Cunha and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2021- 4330, -1014 DDN123833!Njovuft!Qbhf!:! "Traffic Schedule XIV," the alternate plan to prohibit parking near all intersections and driveways to maintain sufficient sight distance. The motion carried unanimously. 9.8. Presentation, discussion, and possible action regarding rejoining Tex-21: Transportation Excellence for the 21st Century. MOTION: Upon a motion made by Councilmember Maloney and a second by Mayor Mooney, the City Council voted seven (7) for and none (0) opposed, to approve the rejoining of Tex-21: Transportation Excellence for the 21st Century. The motion carried unanimously. 9.9. Presentation, discussion, and possible action regarding appointments to the following boards, committees and commissions. Architectural Advisory Committee Audit Committee BCS Library Board Bicycle, Pedestrian and Greenways Advisory Board Design Review Board Historic Preservation Committee Parks & Recreation Board Spring Creek Local Government Corporation Tanya Smith, City Secretary, stated that Council needs to make appointments to the annual discussed following boards, committees, and commissions. Mrs. Smith explained that Council needs a motion to appoint to each of these boards. Architectural Advisory Committee 2-year term Ray Holliday Audit Committee 2-year term Richard Price B/CS Library Board 2-year terms Larry Ringer (Chair) Daniel Rudge Bicycle, Pedestrian and Greenways Advisory Board Position C for 2-year term: Position D for 2-year term: Rebecca Brooker Position E for 3-year term: Brad Brimley Position F for 3-year term: Matthew Madewell a Citizen at Large may be appointed for any position. Design Review Board Position (A) for 3-year term: Ray Holliday Position (B) for 3-year term: David Hebert Position (D) changed to (E) for 1-year term unexpired term: Ivan Rusyn 2 Positions (E) for 2-year term: William Scott McKinney Susan McGrail DDN123833!Njovuft!Qbhf!21! Chair: P&Z Chair or his/her designee MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Nichols, the City Council voted seven (7) for and none (0) opposed, to appoint the Planning and Zoning Chairperson, or his/her designee, to serve as the Design Review Board Chairperson as long as they serve as the Chairperson of the Planning and Zoning Commission. The motion carried unanimously. Historic Preservation Committee Position (4) for 3-year term: Thomas Smith Position (5) for 3-year term: Sherry Frisk Position (6) for 3-year term: Marilyn Randall Position (7) for 2-year term: William Wright Position (8) for 2-year term: Marilyn Maddox Position (9) for 2-year term: Tre Watson Parks & Recreation Board Position (1) for 3-year term: Don Hellriegel Position (2) for 3-year term: David Higdon Position (3) for 3-year term: John Polasek Position (7) for 2-year term: Lisa Aldrich Position (8) for 2-year term: David White Position (9) for 2-year term: Madeline Giroir Spring Creek Local Government Corporation - 2-year terms Thomas Jackson Jane Kee 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 Nichols recognized the passing of former Councilmember Lane B. Stephenson. Councilmember Maloney wanted to recognize the Chamber of Commerce Economic Research for doing an amazing Job at the Economic Conference, as well as Mayor Mooney and Natalie Ruiz for their great speeches. 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 DDN123833!Njovuft!Qbhf!22! 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 BVSWMA. 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 Brick requested a discussion on the rules that pertain to electronic mobile vehicles. 13. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 10:25 p.m. on Thursday, January 27, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary DDN123833!Njovuft!Qbhf!23!