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HomeMy WebLinkAbout03/09/2023 - Regular Minutes - City CouncilCCM 030923 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION MARCH 9, 2023 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith William Wright Linda Harvell Elizabeth Cunha – via zoom Bob Yancy Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy 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 Nichols via In-Person and Teleconference at 4:00 p.m. on March 9, 2023, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, §551.074-Personnel, and §551.087-Economic Incentive Negotiations, the College Station City Council convened into Executive Session at 4:00 p.m. on March 9, 2023, to continue discussing matters pertaining to: 2.1. 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  Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas; and CCM 030923 Minutes Page 2  Robert Danny Clack, II v. City of College Station, et al., Civil Action No. 4:22 -cv-02404, in the U.S. District Court for the Southern District of Texas, Houston Division; and  Kristin Marriott v. City of College Station, Cause No. 22-002259-CV-272, in the 272nd District Court, Brazos County, Texas; and  SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of College Station to Change Rates for Wholesale Transmission Services; and  LaLa Vida, LLC v. City of College Station, Cause No. 23-000374-CV-272, in the 272nd District Court, Brazos County, Texas.  Legal advice related to entering into settlement agreements regarding opioid settlements with  Allergan, CVS, Walgreens, and Walmart.  Legal advice regarding an interlocal agreement with the City of Bryan for fire and emergency  medical services. 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit:  Property generally located at State Highway 6 and Venture Drive in the College Station Business Center. 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Attorney  City Manager  Council Self-Evaluation 2.4 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:  Negotiations regarding approximately 5.3 acres of property located along Holleman Drive in the southeast quadrant of the Dartmouth Avenue and Holleman Drive intersection.  Negotiations regarding an Economic Development Agreement for the extension of Dartmouth Avenue from Harvey Mitchell South Parkway to Texas Avenue. 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City Council will take action, if any. Executive Session recessed at 6:15 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 American Red Cross Month. Mayor Nichols presented a proclamation to Jennifer Young and the ARC Heart of Texas Chapter Board Members and proclaimed March 2023, as “American Red Cross Month.” 6. Hear Visitors Comments. Will Leskowitz, College Station, came before Council proposing decriminalization for misdemeanor amounts of marijuana possession and to stop Δ9 THC concentration testing by the city. Mr. Leskowitz’s proposal are: 1) Propose to end citations and arrests for misdemeanor levels of possession CCM 030923 Minutes Page 3 in College Station: if there is probable cause, the substance can be seized, and a drug paraphernalia charge would not be issued in lieu of a possession of marijuana charge; 2) Propose that no city funds or personnel should be used to conduct THC concentration testing: no city funds or personnel should be used to request, conduct, or obtain THC testing of any cannabis-related substance to determine whether the substance meets the legal definition of marihuana under state law. Diana Wood, College Station, came before Council regarding the 4 unrelated issues. She requests that the issue be looked at together by council, homeowners, and students like a taskforce. Gunnar Schade, College Station, came before Council regarding 4 unrelated issues and the traffic impact in the neighborhood. He believes enforcement is not being taken seriously. Katherine Edwards, College Station, stated that the real issue is the over crowed neighborhoods with student occupancy. Ms. Edwards read a statement by Mr. Billingham who has lived in the city for years and is not anti-students, but anti-crime and he concludes enforcement is not being consistently handled with the 4 unrelated. David Higdon, College Station (HOA representative), came before council to seek the council’s commitment to actively support neighborhood integrity by enacting a requirement that all renters sign a document stating that they are aware of the 4 unrelated restrictions in our community. Liana Vincent, College Station, came before Council speaking on behalf of occupancy enforcement. She stated her neighborhood welcomes students and have fall gathering and spring events with their students in their neighborhoods. But relationship building and education should always be paired with enforcement. She stated that her neighborhood needs the city’s help to enforce while continuing to educate for diverse, thriving, healthy communities. But students are not to blame, property owners need to take accountability. Jay Rudinger, College Station, came before Council regarding coming together with homeowners to work together and enforce 4 unrelated violations. Fred Dupriest, College Station, came before Council to provide specific recommendations on occupancy enforcement: 1) Define the evidence needed to summon an owner to court (i.e., more than 4 vehicles, 50% of 21 days); 2) Take photos before 7:30 am; 3) Utilize evidence provided by the public; 4) Enable and apply meaningful fines; and 5) Add clause and signature to Rental Permit stating the owners and renters know the law. Tre Watson, College Station, came before Council regarding decriminalizing the use of marijuana, this will help end citations and arrests for misdemeanor levels of possession. Brian Bochner, College Station, stated that overall traffic speeds are down in Pebble Creek and thank Council for supporting enforcement. He also stated that Council needs to relook at occupancy enforcement. Lloyd Davis, College Station, stated that Council needed to change the way they measure performance with regards to the 4 unrelated enforcement. He suggested setting goals for those involved in enforcement with conviction of violators being tracked. Phillip Springer, College Station, stated that the relationship between College Station and Bryan is more important than the most expedient route for any project. CCM 030923 Minutes Page 4 John Nicks, Plantersville, stated that a letter needs to be sent a to TxDOT regarding the road construction he feels is a mess around College Station and other cities. He is also not for not for heavy handed 4 unrelated enforcements as he believes it hurts certain groups of people. Mary Linne, Bryan, came before Council regarding the Rosemary sewer issues and ruining a historic neighborhoods integrity. Ms. Linne stated she feels College Station is not looking at all the options and would like to work with College Station on a better strategy. John Halsell, Bryan, thanked the Council for allowing him to address the Council regarding his concerns with the sewer line that is proposed in Beverly Estates. He does not believe that the city of Bryan would consider doing this to the citizens of College Station. Richard Miles, Bryan, came before Council to encourage building better relationships with the people of Bryan and not dividing the communities over an issue like a sewer line. Emily Zieschang, Bryan, stated that the next generation cares about Beverly Estates and does not agree with what the City of College Station is doing to this neighborhood and the relationship. Scott Hickle, Bryan, (HOA representative), thanked Council for always having Neighborhood Integrity in mind when making decisions with the Pin Oak Survey. Mr. Hickle read Ann Horton’s comments regarding Rosemary and encouraging a better relationship between the communities. Susan Miles, Bryan, came before Council regarding her concerns with Rosemary and the proposed trunkline destroying trees and bird habitat. David Gardner, Bryan, stated that he has his foot on bought sides of this deal, living in Bryan and owning a business in College Station. He understands that Council is facing a difficult situation but is looking more at the economic side instead of the neighborhood and community relations. Marsha Crowfoot, Bryan, stated that if the city moves forward with the Rosemary sewer line along the back side of her property it will destroy her lifestyle and home value. James Mulvey, Bryan, came before Council to express concern about flooding on Vine Street in Beverly Estate. He stated that if the line is moved to the back of the properties, it will encourage flooding and become a maintenance issue over time. 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 7.5 were pulled from Consent for clarification. (7.4) Billy Couch, Police Chief, stated that College Station will be responsible for the purchase of the vehicle and the other entities will reimburse in equal amounts. (7.5) Jennifer Cain, explained that this section of George Bush Drive has existing bike lanes, and this project will convert the bike lanes to separated bike lanes. The design will specifically consider bicycle CCM 030923 Minutes Page 5 safety, stormwater management and long-term maintenance costs. Mrs. Cain also stated in this partnership TxDOT will be cover 80% with College Station covering 20%. 7.1. Presentation, discussion, and possible action of minutes for:  February 20, 2023 Special Meeting (Retreat)  February 21, 2023 Special Meeting (Retreat)  February 23, 2023 Council Meeting 7.2. Presentation, discussion, and possible action regarding the first reading of a franchise agreement ordinance with Drop and Go Dumpsters for the collection of recyclables from commercial businesses and multi-family locations. 7.3. Presentation, discussion, and possible action on amending an interlocal agreement for prisoner housing with Brazos County increasing the daily rate by $5.00 to $60.00 for College Station prisoners. 7.4. Presentation, discussion, and possible action regarding an interlocal agreement with the City of Bryan, Texas A&M University, and Brazos County regarding the shared purchase, maintenance, and use of a rescue vehicle. 7.5. Presentation, discussion, and possible action regarding a contract with Kimley-Horn for the design of the George Bush Bike Lanes Project for $235,000. 7.6. Presentation, discussion, and possible action regarding a change order to the design contract with Kimley-Horn and Associates, Inc. for the Northeast Trunkline Phase IV project in the amount of $87,500. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action regarding the George Bush Presidential Library Foundation's upcoming events, expansion, and community partnerships. Bryan Woods, City Manager, introduced Max Angerholzer, George Bush Presidential Library Foundation CEO, for this presentation. Mr. Angerholzer provided an overview of the George Bush Presidential Library Foundation upcoming events and planned expansions. Upcoming events include the 25th Anniversary of the library with includes a free to the public day and a temporary exhibit on Nelson Mandela. Also planned for the next year is a centennial celebration of the life of President Bush. Updates to the library include construction of a new building which will include a café and exhibits for both Marine One, a helicopter used for transportation during President Bush’s term, and Union Pacific 4141, a train which carried the president to his final resting place in College Station. He also thanked the Mayor and Council for their continued support of the library and its mission. 8.2. Presentation, discussion, and possible action regarding Off -Campus Housing and Cooperation between the City and Texas A&M University. CCM 030923 Minutes Page 6 Bryan Woods, City Manager, introduced General Ramirez, Vice President of Student Affairs, to give this presentation. General Ramirez, Vice President of Student Affairs, presented information regarding off-campus housing and cooperation between the City and Texas A&M University. He highlighted a marketing campaign which is designed to educate students on the city’s unrelated occupancy restrictions. Also highlighted were other educational efforts to help students live responsibly in College Station of and Bryan. Case Harris, TAMU Student Body President, stated that students enjoy living in College Station and acknowledged that there are a lot of stake holders in the community. On behalf of the Student Body, he supports the Middle Housing Zoning and stands behind the goals and approach General Ramirez described and believes that this is the way to better compliance and sense of community for all.  Historical Southside - Middle Housing where possible  Student density – keep it closer to campus  Patience outside of those zones – concentrate on education Mayor Nichols recessed the meeting at 8:42 p.m. The meeting resumed at 8:54 p.m. 8.3. Presentation, discussion, and possible action on priority areas for possible City-initiated rezoning to the MH Middle Housing zoning district. Alyssa Halle-Schramm, Planning and Development, stated that this item comes from both Comprehensive Plan Action 2.1 to undertake amendments to the Unified Development Ordinance’s zoning districts to implement the updated Future Land Use & Character categories and Action 2.11 to continue to initiate proactive zoning map updates in strategic areas to encourage transitions to the desired community character, encourage redevelopment, and implement the Future Land Use & Character Map. Staff collaborated with residents, developers, and the broader community to create the MH Middle Housing zoning district that allows a flexible mix of housing products by-right, including small lot single-family, duplexes, townhouses, small and medium multiplexes, and live-work units. The Planning & Zoning Commission and City Council unanimously approved the new MH Middle Housing zoning district in October 2022. At that time, the Council directed staff to form a working group to consider appropriate areas for possible City-initiated rezoning to the new district to redirect development pressures out of established neighborhoods, encourage redevelopment in appropriate areas, and realize the vision set forth in the Future Land Use & Character Map. Ms. Halle-Schramm explained that the working group consisted of seven members, including three neighborhood representatives, three development community representatives, and one representative from the Texas A&M University’s School of Architecture. This group met with staff from November 2022 through February 2023 to discuss and prioritize areas. The working group developed a general methodology to 1) focus on areas classified as Mixed Residential on the Future Land Use & Character Map, 2) eliminate from consideration areas that are zoned for multi-family to not downzone properties, 3) eliminate from consideration properties that are zoned PDD Planned Development District as those contain custom zoning requirements, and 4) gain general group consensus on the appropriateness of the remaining properties. The working group classified those as being recommended to move forward with at this time, or those that need further consideration and/or focused engagement efforts with the specific property owners and/or neighborhoods. Staff will present the working group’s prioritizations, CCM 030923 Minutes Page 7 with a focus on the recommended properties, and seek Council feedback. After determining which areas are appropriate to move forward, staff will conduct further analysis of each area to ensure there is adequate infrastructure in place to support rezoning the property or properties at this time. Staff will then host public engagement opportunities to discuss the potential zoning changes with surrounding neighborhoods and any interested parties. Once a property or properties have gone through these processes, staff will begin the formal rezoning process that includes public hearings and review before the Commission and Council. Jessica V. Williams and Sam Presnal, College Station, presented several comments on behalf of the Texas A&M Student Government Association:  Excited about creating corridors of higher density and unique characteristics.  In full support of all recommendations.  Areas walkable to campus will have largest benefit to students.  Ask for consideration of additional areas highlighted in green.  Some areas with different Future Land Use included.  Bigger MH zones will improve transportation efficiency as well as student understanding and compliance to create cohesive denser communities. 8.4. Presentation, discussion, and possible action regarding the annual traffic contact report required by Senate Bill 1074 of the Texas 77th legislative session. Billy Couch, Police Chief, provided an overview according to statutory requirements that each year, to remain transparent to our community, the police department employs an independent consultant to analyze traffic contact data and develop this report. The report indicates that the department is in compliance with state law and continues to employ best practice strategies. Since January 1, 2002, the College Station Police Department, in accordance with Texas Racial Profiling Law (SB No. 1074), has been required to implement and mandate policy and procedures to satisfy the requirements of the law. Chief Couch explained the Summary of Findings:  While annual variance can be expected due to the ever-changing environment, a historical review of data reveals remarkable similarities in data analysis across 10 years of data.  Overall, the comprehensive analysis of data demonstrates that the College Station Police Department has complied with the Texas Racial Profiling Law and all its requirements. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding an ordinan ce 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 boundary from GS General Suburban to MH Middle Housing for approximately 0.27 acres at 211 Fidelity Street, being Lot 1 and 25’ of Lot 2, Block 6 of the West Park Addition, generally located at the corner of Fidelity Street and Highland Street. Gabriel Schrum, Planning and Development, stated that this request is to rezone approximately 0.27 acres of land from GS General Suburban to MH Middle Housing. This is the first rezoning request for the newly adopted MH Middle Housing zoning district. The subject property was platted in 1940 and is currently a vacant single-family lot. It is the applicant’s intent to redevelop the plot to build small - CCM 030923 Minutes Page 8 lot single-family homes. Nearby properties include single-family residential homes. Mr. Schrum explained that the uses allowed by the proposed zoning district are generally marketable for the area. The applicant states that the currently allowed uses are marketable, but not the best use of the property. They mention the property is close to Texas A&M University and will serve the student population, and their proposed use of small lot single-family homes are more appropriate and marketable for this lot. The Planning and Zoning Commission heard this item at their February 16, 2023 meeting and voted unanimously to recommend approval. Staff also recommends approval. At approximately 10:09 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:09 p.m. MOTION: Upon a motion made by Councilmember Wright, and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-4422, 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 boundary from GS General Suburban to MH Middle Housing for approximately 0.27 acres at 211 Fidelity Street, being Lot 1 and 25’ of Lot 2, Block 6 of the West Park Addition, generally located at the corner of Fidelity Street and Highland Street. The motion carried unanimously. 9.2. Presentation, discussion, and possible action regarding an interlocal agreement with the City of Bryan for fire and emergency medical services. Richard Mann, Fire Chief, presented an overview of the historical perspective on Station 6, changes that have impacted the 1997 Automatic Aid agreement, collaborative efforts to address concerns since 2020, financial impacts and alternative considerations. EMS service does not produce a profit for the city  Revenue is what is received, not billed  Availability of service is provided through taxes paid by CS residents  User fees for those who utilize the service Significant Changes Impacting Auto Aid  CSFD Station 6  Opened 2012  Boundary response managed by dispatch according to response district  BFD Station 2 relocation 2018  Moved north further north away from southern border of Bryan city limit  Dispatch upgrades  New CAD 2016  Automatic Vehicle Location dispatch 2018 Timeline of Discussions  2020-2023 College Station EMS Additions in FY 2022 and FY 2023  FY 22 and FY 23 EMS Investments $2.584 million  2.8 Cents on Tax Rate  FY 22 Peak Ambulance Addition CCM 030923 Minutes Page 9  $856,000  Staffing added via overtime  FY 23 New Ambulance (5th) Addition and Reserve Ambulance  $1.728 million  7 positions Cost of Service for City of Bryan Calls 2022  Total Cost of CSFD EMS Service in Bryan  $487,000  EMS Service Revenue  $178,000 37%  College Station Taxpayers  $309,000 63% Council Considerations  Accept proposal from City of Bryan (Status Quo Financially)  Determine acceptable level of subsidy by College Station taxpayers  Move to Mutual Aid for EMS and Fire Services  Provide alternative proposal to City of Bryan Staff Recommendations  Automatic aid for high acuity Fire/EMS call types with AVL dispatch as identified by CAD  Mutual aid for low acuity call types based on resource availability  Reasonable annual financial adjustment for any imbalance in EMS service delivery MOTION: Upon a motion made by Councilmember Maloney, and a second by Councilmember Harvell, the City Council voted six (6) for and one (1) opposed, with Councilmember Wright voting against, to move forward with staff’s recommendation as presented by authorizing the City Manager to negotiate with the City of Bryanon Automatic aid for high acuity Fire/EMS call types with AVL dispatch as identified by CAD, Mutual aid for low acuity call types based on resource availability, and reasonable annual financial adjustment for any imbalance in EMS service delivery. The motion carried. 10. Council Calendar Council reviewed the calendar. 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. Nothing to report at this time. CCM 030923 Minutes Page 10 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 Wright report on Texas Music Office. Councilmember Maloney report on Texas Municipal League and Transportation Committee. 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 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 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 th e subject of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. No future items at this time. 14. Adjournment. There being no further business, Mayor Nichols adjourned the Meeting of the City Council at 12:23 a.m. on Friday, March 10, 2023. ________________________ John P. Nichols, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary