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HomeMy WebLinkAbout02/24/2022 - Regular Minutes - City Council MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION FEBRUARY 24, 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 3:01 p.m. on Thursday, February 24, 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 §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 3:02 p.m. on February 24, 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 DDN133533!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 Teva Pharmaceutical Industries. C. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: City Attorney City Manager Council Self-Evaluation D. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit: Deliberation of economic incentives for a potential project in the Midtown Business Center in the City of College Station, Texas. 3. Reconvene from Executive Session and take action, if any. Executive Session recessed at 4:33 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. Presentation - Proclamations, Awards, and Recognitions. 5.1 Presentation of a proclamation recognizing Black History Month. Mayor Mooney presented a proclamation recognizing June 2022 as Black History Month to Hendrix Broussard and Mildred Davis with the Brazos Valley African American Museum. 6. Hear Visitors Comments Dennis Arce, College Station, came before Council and stated that he knows the Council is uncomfortable with him speaking. He went on to state that attending the r might be a conflict of interest and although moving the Council meeting an hour to start early is legal, he believes it is unethical. 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. No items were pulled for discussion. 7.1. Presentation, possible action, and discussion of minutes for: February 7, 2022 Council Retreat DDN133533!Njovuft!Qbhf!3! February 8, 2022 Council Retreat February 10, 2022 Council Meeting 7.2. Presentation, discussion, and possible action regarding the approval of the second and final renewal option of a contract with D.I.J. Construction Incorporated for annual pavement striping and markings services in an amount not to exceed $275,000. 7.3. Presentation, discussion, and possible action on the second reading of a franchise agreement Ordinance No. 2022-4335 with Lossen Bros Co. Inc. for the collection of recyclables from commercial businesses and multi-family locations. 7.4. Presentation, discussion, and possible action on an amendment to the Technology Services Contract with Tyler Technologies, Inc., increasing the contract amount by $57,600 for access and 7.5. Presentation, discussion, and possible action on a technology services contract for fire department reporting and analytics software with Intterra, Inc. in an amount not to exceed $134,156.75. 7.6. Presentation, discussion, and possible action on purchasing five (5) police motorcycles from The Ranch Harley-Davidson for $129,724.60 and the trade-in of five (5) existing 2019 police motorcycles to The Ranch Harley-Davidson for $35,000. 7.7. Presentation, discussion, and possible action regarding approval of a Texas Subdivision and Special District Election and Release Form with Endo Pharmaceuticals et al. and authorization for the Mayor to execute the Release on behalf of the City. 7.8. Presentation, discussion, and possible action regarding approval of a Texas Subdivision and Special District Election and Release Form with Teva Pharmaceutical Industries and authorization for the Mayor to execute the Release on behalf of the City. 7.9. Three- Phase Padmount Transformers with estimated expenditures in amounts not to exceed $1,826,822, awarded to Techline, Inc. 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. Mayor moved Council Agenda Items No. 9, 10, 11, and 12 before the Regular Agenda Items. At 4:54 p.m., the Mayor recessed the Council meeting to discuss Regular Items 8.1 and 8.2 at the posted time. The Council meeting reconvened at 5:00 p.m. 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action regarding approving Ordinance No. 2022-4336 vacating and abandoning a 1,625 square foot portion of the variable DDN133533!Njovuft!Qbhf!4! width 2,763 square foot Public Utility Easement, said portion lying near the southeast property line of 200 Live Oak Street according to the Public Utility Easement recorded in Volume 9527, Page 193, of the Official Records of Brazos County, Texas. Anthony Armstrong, Planning and Development, stated that the public utility easement abandonment is being requested by the applicant because of a desired change in the site layout for a proposed project on the property. This original easement was dedicated in March of 2010 for a proposed project that never materialized. Mr. Armstrong explained that the new project proposed on the property requires that the electrical transformers be moved from their original locations and other site improvements are in the areas proposed to be abandoned. The 1,625 square foot public utility easement is located near the southeastern property line of 200 Live Oak Street, which is located at the intersection of Live Oak Street and Eisenhower Street. At approximately 5:02 p.m., Mayor Mooney opened the Public Hearing. There being no comments, the Public Hearing was closed at 5:02 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 adopt Ordinance No. 2022- 4336, vacating and abandoning a 1,625 square foot portion of the variable width 2,763 square foot Public Utility Easement, said portion lying near the southeast property line of 200 Live Oak Street according to the Public Utility Easement recorded in Volume 9527, Page 193, of the Official Records of Brazos County, Texas. The motion carried unanimously. 8.2. Public Hearing, presentation, discussion, and possible action on Resolution No. 02-24-22- 8.2, authorizing the establishment of a Public Utility Easement (PUE), for development purposes of the Hemaville Subdivision Phase 1, on a section of parkland generally located along the south side of Krenek Tap Road near the intersection of Central Park Lane; plus the City Council determination that the use of parkland property is allowable and that no other feasible or prudent alternative exists for the Public Utility Easement for the project, and that all reasonable planning measures have been taken to minimize the harm to such parkland. Anthony Armstrong, Planning and Development, stated that this public utility easement is being proposed along an existing utility corridor and Krenek Tap Road. This will allow for development of the Hemaville Subdivision Phase One Project as well as existing and future utilities. Also, the easement will also provide for future development of Phase Two of the subdivision. Mr. Armstrong explained that it is anticipated that the creation of the easement will not have any potential long lasting negative impacts to the parkland, or its operations, with installation of the wastewater lines, it will require that a few clusters of existing trees be removed. In order, to offset this impact to the existing parkland, staff worked with the developer to have twenty (20) four- associated irrigation be replanted as part of the project. Approval of this item will establish a 0.195- acre public utility easement (PUE) across the edge of City parkland generally located along the south side of Krenek Tap Road near the intersection of Central Park Lane. Texas Parks and Wildlife Code Chapter 26.002, sets out the requirements for notification of the public hearing required in these situations. To be in compliance with this requirement, announcements of today's Public Hearing on this topic were posted in the Bryan/College Station Eagle on January 24th, 31st, February 7th, and 14th, 2022. At approximately 5:11 p.m., Mayor Mooney opened the Public Hearing. DDN133533!Njovuft!Qbhf!5! There being no comments, the Public Hearing was closed at 5:11 p.m. 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. 02-24- 22-8.2, authorizing the establishment of a Public Utility Easement (PUE), for development purposes of the Hemaville Subdivision Phase 1, on a section of parkland generally located along the south side of Krenek Tap Road near the intersection of Central Park Lane; plus the City Council determination that the use of parkland property is allowable and that no other feasible or prudent alternative exists for the Public Utility Easement for the project, and that all reasonable planning measures have been taken to minimize the harm to such parkland. 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 reported on Texas Travel Industry Association Unity Dinner to connect the state engine and job creating force in Texas. Councilmember Nichols recognized one of local businesses, Aggieland Carpet Business, who received a community impact award from the BCS Chamber of Commerce. 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 reported on the Health Board. Councilmember Brick reported on the Parks 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 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 DDN133533!Njovuft!Qbhf!6! 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 Cunha requested a discussion on the new language addition to the speaker protocol. Councilmember Nichols requested an informational item on the potential Corporate Drive connection to William D. Fitch. 13. Adjournment. There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 5:12 p.m. on Thursday, February 24, 2022. ________________________ Karl Mooney, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary DDN133533!Njovuft!Qbhf!7!