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HomeMy WebLinkAbout02/10/2022 - Regular Minutes - City Council MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION FEBRUARY 10, 2022 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: Karl Mooney, Mayor Council: Bob Brick John Crompton Linda Harvell via remote 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 4:00 p.m. on Thursday, February 10, 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, and §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 4:01 p.m. on February 10, 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 DDN132133!Njovuft!Qbhf!2! 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 B. Consultation with attorney to receive legal advice; to wit: Legal advice regarding potential City participation in an opioid settlement with pharmaceutical manufacturer Endo Health Solutions Inc. et. al. Legal advice related to applicability of impact fees to Midtown City Center development. Legal advice related to contractual obligations in the Economic Development Agreement between the City of College Station and Viasat, Inc. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: Council Self-Evaluation wit: Power Supply 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 6:35 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 direct staff to invoice ViaSat to pay the City an amount equal to the incentive payment for calendar year 2020 for noncompliance. The motion carried unanimously. 4. Pledge of Allegiance, Invocation, consider absence request. 5. Hear Visitors Comments Fred Dupriest, College Station, came before Council to discuss 20 suggestions for changes in workflow, to make enforcement more effective in the matter of the four (4) unrelated ordinance. He stated that Council must establish an initiative for staff to redesign the workflow. That initiative requires leadership to establish a sense of purpose, specific objectives, and the metrics the Council will use to judge the workflow has become effective. Mr. Dupriest highlighted the following: 1. Focus the rational for enforcement on economics, not behaviors. 2. Stealth dorms are a terribly inefficient use of land. Increased student housing is not a legitimate argument for ignoring a criminal activity. 3. If investors continue to perceive (correctly) there is no risk of prosecution or meaningful fines, the crime will increase. Convictions must be visible and publicized. Investors are rational actors. 4. The obvious failure to achieve the objective of the ordinance is due to the design of the process, not the intent of the people involved. Fix the process. Ask the people who do the work. DDN132133!Njovuft!Qbhf!3! 5. City Council needs a consensus on what the measure of success s will be to guide staff in modifying the process Are there still more than 4-unrelated. Lloyd Davis, College Station, came before Council to express his serious concern about what he considers to be a flawed 10 Year Plan. The plan to him is problematic in its disregard for the Pebble Creek subdivision. Brian Bochner, College Station, came before Council to discuss concerns of the Pebble Creek Homeowners Association. Mr. Bochner wanted to thank the staff for their professionalism and express that the Association is still concerned with the proposed major roadways coming through Pebble Creek. Dennis Arce, College Station, wanted to thank the Council for the time to speak and to bring concerns in front of Council. He stated that he is still concerned about the members that were not selected to the Bond Committee and that he believes the City should take action to sanction civil lawsuits between property owners as a remedy to the more than four (4) ordinance enforcement. 6. Workshop Items 6.1. Presentation, discussion, and possible action regarding a presentation on fleet maintenance. Pete Caler, Assistant Director of Public Works, presented a brief overview of the Fleet Maintenance Division that has 18.5 full-time employees and maintains approximately 700 vehicles and ancillary equipment. The division is responsible for operation of the City of College Station fueling system, preventative maintenance, repairs, state inspections and fleet asset management/replacement. Fleet storage tanks. Four (4) city employees are licensed underground storage tank A/B Operators to meet state and federal compliance regulations. Both fueling stations are currently budgeted for a removal and replacement project managed by Capital Improvement Projects. Mr. Caler explained that Fleet must pass 27 different best management practices to achieve American Public Works Association accreditation. The Public Works Department achieved accreditation in 2012 and has been reaccredited twice since then. Fleet Pros is a non-profit fleet management association which strives to support fleet professionals through education, networking, and resources. Angela Daugherty was recently elected as the vice-chair for the Fleet Pros Texas Chapter board of director. 6.2. Presentation, discussion, and possible action on transportation issues. This item was pulled from agenda as it was discussed in-depth at the Council Retreat. 6.3. Presentation, discussion, and possible action regarding the 2022 Bond Election. Bryan Woods, City Manager, presented the scheduling and overview of the Citizen Bond Advisory Committee. February 15th: Kickoff Meetings Discussion points are Background, Financials & Overview of Projects stth February 21 and 28: Project Review Meetings th March 7: Community Input Meeting stth March 21 and 28: Project Prioritization Meetings th April 28: CBAC recommendations to Council DDN132133!Njovuft!Qbhf!4! thth April 28 through August 10: Community Input/Council Review/Prioritization of Projects st th August 10: 1 Day to call for Bond Election nd August 22: Last Day to call for Bond Election nd October 22: Early voting begins th November 8: Election Day 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 Consent Agenda for a separate vote. Items 7.4 and 7.8 were pulled from Consent for clarification. (7.4): Emily Fisher, Director of Public Works, stated that a complaint was received regarding the safety of this intersection and a sight distance study was conducted at the location in addition to a peak-hour volume count. She explained that while the sight distance is below the acceptable level, it was deemed that removing more parking from the area would be problematic for the residents. A 4- way stop condition is proposed to improve the safety at the intersection without removing the parking from the residents who live in the surrounding area. (7.8): Emily Fisher, Director of Public Works, stated that the City is undertaking a project to construct a new at-grade railroad crossing at the intersection of Deacon & FM 2154 and close the existing Cain crossing. FM 2154 will be reconstructed on either side of the new intersection to raise the existing grade 5.5 feet to the same level as the existing railroad tracks and the project will include right and left turn lanes on all approaches, a traffic signal, and pedestrian facilities. She explained that the project was bid via sealed bid proposal in December 2021, RFP #22-018. Three (3) sealed proposals were submitted and Knife River Corporate South was selected as the top scoring responder. Also, Mrs. Fisher stated that this is a budget in the amount of $7,278,900, which is included for this project in the Streets Capital Projects Fund. A total of $1,895,639.16 has been expended or committed to date, leaving a balance of $5,383,260.84 in the total project budget for construction. 7.1. Presentation, possible action, and discussion of minutes for: January 27, 2022 Council Meeting 7.2. Presentation, discussion, and possible action related to Ordinance No. 2022-4331 amending the cemetery ordinance. 7.3. Three-Phase Padmount Transformers with estimated expenditures in amounts not to exceed$413,696.00, awarded to KBS Electrical Distributors Inc and reject Bids for lines 1-6 and lines 9-12. 7.4. Presentation, discussion, and possible action regarding Ordinance No. 2022-4332 amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1002 "Traffic Schedule II, Fourway Stop Intersections," by adding the intersection of Welsh Avenue and Park Place. DDN132133!Njovuft!Qbhf!5! 7.5. Presentation, discussion, and possible action regarding a rate increase amendment to the five (5) year residential recycling collection franchise and general service agreement with Brannon Industrial Group, LLC, DBA BVR Waste and Recycling. 7.6. Presentation, discussion, and possible action regarding the renewal of an annual blanket order for the purchase of Cement Treated Base and Type D Grade 1 Cement Treated Recycled Crushed Concrete Base with Brazos Paving Materials, Inc. for an amount not to exceed $703,000. 7.7. Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Lossen Bro Co., Inc. for the collection of recyclables from commercial businesses and multi-family locations. 7.8. Presentation, discussion, and possible action regarding a construction contract in the amount of $5,203,379.80 with Knife River Corporation-South for the Deacon At-Grade Railroad Crossing and Cain Railroad Crossing Closing project. 7.9. Presentation, discussion, and possible action regarding approval of a contract as a result of the award of Bid # 22-019, for the purchase of one (1) electric substation power transformer for the Switch Substation Transformer replacement from Virginia Transformer Corporation for an amount not to exceed $977,518. 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. 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022-4333 amending - Sections 107-- Wide --Wide -- the Code of Ordinances of the City of College Station, Texas by amending certain sections relating to water, wastewater, and roadway impact fee collection rates to provide for grandfathering of projects under development. At approximately 7:57 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 7:57 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 forego the discussion on grandfathering and leave the impact fees as previously established. The motion carried unanimously. 8.2. Presentation, discussion, and possible action regarding an appeal by James Murr to the applicability of impact fees for the Midtown City Center development. Michael Ostrowski, Planning and Development Director, stated that Pursuant to Section 107-94 of the City of College Station Code of Ordinances, an appeal can be made as to the applicability of impact fees for a development to the Director of Planning and Development Services. On December DDN132133!Njovuft!Qbhf!6! 21, 2021, Mr. James Murr submitted an appeal regarding the applicability of impact fees for the Midtown City Center development. After reviewing the request, on January 5, 2022, it was determined that impact fees would apply to this development, as vesting privileges would not apply to impact fees as Section 245.004(6) of the Texas Local Government Code exempts fees that are imposed in conjunction with development permits. Pursuant to Section 107-94(d) of the City of College Station Code of Ordinances, Mr. Murr is appealing the decision of the Director of Planning and Development Services to the City Council. Mr. Ostrowski explained that this item relates to the appeal and subsequent denial as to the applicability of impact fees per the City of College Station Code of Ordinances and Texas Local Government Code, not what was or wasn't part of the Economic Development Agreement (EDA) for this project. The EDA for this project did not provide for a waiver of such fees and would be handled separately outside of this request. 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 deny the appeal by James Murr to the applicability of impact fees for the Midtown City Center development. The motion carried unanimously. Council directed staff to work with Mr. Murr on the Economic Development Agreement (EDA) related to impact fees. 8.3. Presentation, discussion, and possible action regarding Ordinance No. 2022-4334 consenting to and extending the Mayor's renewal of a disaster declaration due to a public health emergency. Bryan Woods, City Manager, stated that on February 7, 2022, 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, July 2, 2021, August 6, 2021, September 6, 2021, October 7, 2021, November 8, 2021, December 6, 2021 and January 7, 2022. 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 Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022- 4334, consenting to and extending the Mayor's renewal of a disaster declaration due to a 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; DDN132133!Njovuft!Qbhf!7! 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 Cunha recognized the Planning department on the Committees DRB, BPG, ZBA and P&Z holding zoom meetings along with in-person. Office reaching out to other committees to provide the zoom option along with in-person. 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 Mem 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 staff bring an item on the cost associated with working through the overlay ordinance. Councilmember Maloney requested adding neighborhood associations to this request. Councilmember Crompton requested a discussion collection rates on impact fees. A majority of Council directed staff to collect the data of comparable rates and distribute it to Council. Councilmember Maloney requested that traffic studies be done when students are on campus not out for the summer. 13. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 8:52 p.m. on Thursday, February 10, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary DDN132133!Njovuft!Qbhf!8!