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HomeMy WebLinkAbout04/13/2023 - Regular Minutes - City CouncilCCM 041323 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION APRIL 13, 2023 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith William Wright Linda Harvell Elizabeth Cunha 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 April 13, 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 §551.089-Security the College Station City Council convened into Executive Session at 4:01 p.m. on April 13, 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 041323 Minutes Page 2  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 regarding violations of zoning ordinances by allowing more than four unrelated individuals to reside in a single-family dwelling unit.  Legal advice regarding the process to acquire property needed for the west side Highway 47 electric substation. 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit:  Approximately 12 acres of land generally located southeast of the intersection of Gateway Boulevard and the State Highway 6 Frontage Road in the Business Center at College Station. 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Attorney  City Manager  Municipal Court Judge  Council Self-Evaluation 2.4 Deliberation on deployment, or specific occasions for implementation, of security personnel or devices or a security audit; to wit:  Computer network vulnerability and security assessment. 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 6:06 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation and recognition of the 100th Anniversary of the First Baptist Church of College Station. Mayor Nichols presented a proclamation to Pastor Troy Allen, Marty Galow, and A.C. Vinzant recognizing the 100th Anniversary of the First Baptist Church of College Station. 6. Hear Visitors Comments. Cindy Conte, College Station, came before Council to thank them for the proclamation on Parkinson’s Disease Awareness and provided information on an event to be held on April 15th. Joshua Van Dyke, College Station, came before Council to discuss and provide information on forensic cannabinoid testing. He believes that smell alone can no longer be considered probable cause violates Fourth Amendment rights and leads to arbitrary enforcement of the law. He also state that CCM 041323 Minutes Page 3 many of the tests used are unreliable and are prone to false positives. Mr. Van Dyke graduated from Texas A&M class of 2021 with a degree in molecular biology and currently studying Molecular and Environmental Plant Sciences for his PhD in addition to currently working at Texas A&M’s industrial Hemp breeding lab, and for legal purposes, he stated that his views do not necessarily represent those of Texas A&M. Patrick Englehart, College Station, came before Council to speak on legalizing cannabis sighting enforcement which he believes is uneven across race and is not cost effective. James Mulvey, Bryan, came before Council to speak against the Burton Creek crossing alternative for the proposed sewer line. He believes that a creek-crossing route will increase flood risks and put homes and lives at risk. John Colvin, Bryan, came before Council to state that he has lived near Burton Creek for decades and is concerned with the sewer line proposal as it is likely to cause additional floor risk and not be cost effective. Lauren Mulvey, Bryan, thanked the Council for serving and allowing the citizens to speak on their concerns. She poses the question of funding or flooding, what’s the priority when running a sewer line through an area that may have major consequences. Marlon Outing, Bryan, came before Council to explain the anxiety he feels every time it rains wondering if it’s going to flood. Also, putting a sewer line in changes the levels in the ground with mowing and trying to take care of the property. Monica Outing, Bryan, came before Council concerned about the increase in flood insurance with the possibility of a new sewer line, the risk in sewer line break, the change in the levels in the ground and the impact to her quality of life. Karl Aberth, Bryan, came before Council to share his story with Burton Creek and year of flooding, brisk water flowing through the yard leaving debris and erosion. Donald Plitt, Bryan, came before Council in support of the lift station and not the sewer line because of flooding issues and the loss of habitat that a sewer line will cause. Vince Chihak, Bryan, came before Council in support of his neighbors on Vine St. and to support the lift station not the sewer line. Grace Pedretti, Bryan, came before Council to speak about the family time spent with her 6 kids in the creek behind her home on Vine. She went on to state that a new sewer line may increase flooding, but it may also take a natural habitat and time from her family. Dustin Pedretti, Bryan, gave a brief background on his life and what this neighborhood, home and creek mean to him. He asked Council to save this area and not build a sewer line through the creek. Candice Kelm, Bryan, came before Council to express her opinion that impact fees should be raised from the owners of the developments to pay for a lift station. Her rational is that it is they who will benefit and not the residents of her neighborhood. CCM 041323 Minutes Page 4 Scott Hickle, Bryan, thanked the Council for allowing everyone to speak and hope that the Council is listening to Bryan citizens on their concerns and requested they build the lift station not the sewer line. Dagmar Jones, Bryan, came before Council to ask if the flood plain will be extended as it currently ends right behind her business. She asked council to reconsider and go with the lift station. 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, 7.8, and 7.9 were pulled from Consent for clarification. (7.4) Jennifer Cain, Director of Capital Projects, explained that the construction has taken longer than expected and FNI has almost exhausted their construction budget. This change order #6 will extend their time to cover the remaining construction and post-construction timelines. Costs associated with this change order will be recouped from the contractor at the end of the project. (7.8) Jennifer Cain, Director of Capital Projects, explained that upon reaching substantial completion of this project an accounting of final quantities was made by the project team. Final quantities of concrete and HMAC (asphalt) were increased due to necessary changes in installation methods upon discovery of multiple utility conflicts that were not apparent on existing record drawings of old infrastructure. Switching from waterline pipe bursting, after observing several issues, such as heaving of pavement and driveways, resulted in changes in installation technique to boring an open cut of new waterlines. This has resulted in the need to make more asphalt repairs, along existing roads and driveways, and concrete repair to existing driveways, curb and gutter sections, and sidewalks. This was done to avoid potential damage to private property and existing utilities, including telecommunications, natural gas, sanitary sewer line, storm sewer lines, and existing water lines needing to be kept in service until the new infrastructure could be placed in operation. Upon substantial completion of the project a final accounting of material installed was reconciled with remaining quantities and the provided adjustments within this change order are made to reconcile final quantities. (7.9) Timothy Crabb, Director of Electric Utility, explained that the partial funds available in the Electric O&M budget for the award of proposal and subsequent annual contract awarded to USIC Locating Services, LLC. This item will require additional funding to be proposed to Council on an upcoming FY23 Budget Amendment item from the reserve fund. 7.1. Presentation, discussion, and possible action of minutes for:  March 23, 2023 Council Meeting 7.2. Presentation, discussion, and possible action regarding Ordinance No. 2023-4426 amending Chapter 38 “Traffic and Vehicles,” Article VI "Traffic Schedules," Section 38-1014 "Traffic Schedule XIV, no parking here to corner and no parking any time" removing parking on the west side of Wakewell Court. 7.3. Presentation, discussion, and possible action regarding an annual price agreement with KBS Electrical Distributors not to exceed $360,950 and Techline, Inc. not to exceed $2,013,350 for a total not to exceed amount of $2,374,300 for distribution conductors. CCM 041323 Minutes Page 5 7.4. Presentation, discussion, and possible action on Change Order 6 with Freese and Nichols, Inc., in the amount of $249,123 for additional construction inspection and engineering services associated with the Lick Creek Wastewater Treatment Plant Capacity Expansion Project. 7.5. Presentation, discussion, and possible action regarding the first reading of a franchise agreement ordinance with Frontier Texas Ventures I, LLC DBA Frontier Waste Solutions for the collection of recyclables from commercial businesses and multi-family locations. 7.6. Presentation, discussion, and possible action regarding the first reading of a franchise agreement ordinance with Pronto Services LLC for the collection of recyclables from commercial businesses and multi-family locations. 7.7. Presentation, discussion, and possible action regarding an annual price agreement with D.I.J. Construction, Inc. in the amount of $350,000 for Traffic Pavement Striping and Marking Services. 7.8. Presentation, discussion, and possible action on change order 6 to a construction contract with Elliott Construction, LLC. in the amount of $85,181 for construction services related to the Woodson Village Utility Rehabilitation Project. 7.9. Presentation, discussion, and possible action regarding the rejection of the sole bid received in RFP 23-043 and awarding an annual service agreement for utility locating services to USIC Locating Services, LLC for a not to exceed amount of $300,000 from RFP 23-045. 7.10. Presentation, discussion, and possible action on an annual water meter purchase from Aqua Metric Sales Company through a Houston-Galveston Area Council (HGAC) contract for a not to exceed amount of $193,915.68. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Harvell, 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 by David White regarding College Station Parks Foundation. David White, Parks Foundation, provided a brief overview of the Parks Foundation and its mission to support a diversity of facilities and leisure services which are geographically and demographically accessible to College Station citizens. College Station Parks Foundation Mission  Assist CS Parks Department (CSPRD)and City Council, neighborhoods and governmental agencies to improve CS parks system and recreational facilities.  Develop parklands and recreational facilities in cooperation with the CSPRD and City Council.  Acquire land and other assets to be improve parks and recreational facilities.  Support the enhancements of recreational opportunities in CS parks system.  Accept bequests and other donations to be used to further the mission of the Foundation.  Research the park and recreational opportunities in the park systems of College Station. CCM 041323 Minutes Page 6 8.2. Presentation, discussion, and possible action on an update on the City's residential occupancy ordinance compliance. Bryan Woods, City Manager, provided a history to present of the City's residential occupancy ordinance compliance.  1939 – “No more than four unrelated” was created  DEC 2020 – Related and Family Definition Clarified  OCT 2022 – Created a new use known as Shared Housing  Allows for more than four unrelated persons to occupy a single dwelling unit.  Defines a Shared Housing use as different from Single Family  OCT 2022 Created a new Middle Housing zoning district.  Allows for a flexible mix of housing types between single-family homes and multiplexes and established development standards for each housing type.  2022 – “Proactive enforcement period”  2022 – Engagement with TAMU President’s Office Enforcement:  Family Definition Cases: 2015-(1) case, 2016-(7) cases, 2017-(29) cases, 2018-(13) cases, 2019-(11) cases, 2020-(14) cases, 2021-(13) cases, and 2022-(180) cases.  Building Permits Issued: 2018-(45), 2019-(56), 2020-(34), 2021-(48), and 2022-(44)  Since definition went into effect: 0 (1 was submitted & denied) Next Steps  Consider any ordinance changes as directed by Council  City-Initiated Middle Housing Rezonings  Continued work with TAMU  Education  “Gig ’em List”  Off-Campus Housing office  Continued Enforcement At approximately 8:28 p.m., Mayor Nichols opened for Citizen Comments. Rich Woodward, College Station, speaking on behalf of several neighborhood association stated they are very pleased with the discussion that have been happening the City's residential occupancy ordinance compliance. Mr. Woodward explained that we need to keep moving forward on this and be forceful on this issue with a clear statement. Nancy Plankey-Videla, College Station, came before Council with concerns about the effect of student housing in neighborhoods on her family and community. She believes that the city has a shortage of low-income housing, families that can’t live in the neighborhoods and we need to keep moving forward on with enforcement. Katherine A Edwards, College Station, came before Council with concerns on message sent to the community with enforcement related to the no more than 4 unrelated ordinance. She stated that conflicting communication has been made and if Council would be clear and make the compliance and enforcement a priority then her concerns would be addressed. CCM 041323 Minutes Page 7 Mark Stein, College Station, stated that all his questions and concerns were addressed during the Council’s discussion. Liana Vincent, College Station, came before Council with three questions: 1) will Council actively enforce in the fall; 2) will Council come up with detailed plan on how to do this; and 3) will council pass middle housing this summer with input from neighbors on parking (impervious surface limits & driveway limits, setbacks, front yard parking, City limitations on street parking or residential parking permits and architectural requirements. Fred Dupriest, College Station, came before Council to provide Occupancy Enforcement Alliance Recommendations compiled from communications over the last 14 months: 1. Consider changing over-occupancy from a criminal to a civil offense. 2. Establish a prima facie definition of evidentiary requirements based on vehicle count. 3. Count vehicles before 7:30 am. Contract to 3rd party, if needed. 4. Create a process to use evidence submitted by the public. 5. Count vehicles parked on the property overnight as potential occupants. 6. Clarify "occupants" may be individuals not on the lease, including boyfriends and others. 7. Seek meaningful financial consequences for the owners of illegal operations. 8. File multiple days of violation when appropriate to achieve meaningful fines. 9. Require the signature of an occupancy disclosure-disclaimer statement with each lease. 10. Publish a clear layman’s explanation of the law and how it is enforced. Hugh Lindsay, College Station, came before Council to we have enough problems with no more than 4, we do not need more. He believes the real problem is there is little to no enforcement. There being no further comments, Citizen Comments was closed at 8:53 p.m. Council directed staff to bring back an item discussing criminal versus civil enforcement and the differences in enforcement and fines. Mayor Nichols recessed the meeting at 9:15 p.m. The Meeting reconvened at 9.25 p.m. 8.3. Presentation, discussion, and possible action regarding a process for reporting rental property maintenance violations and a draft Voluntary Proactive Rental Inspection program. Jennifer Prochazka, Assistant City Manager, stated that at the June 11, 2022 meeting, City Council directed staff to implement a system to track complaints regarding property maintenance issues. An issue was added in See Click Fix to allow for reports of property maintenance violations in rental units. Staff developed an internal process to assess if tenants have contacted the property owner/property manager regarding the complaint prior to the City reviewing the issue. Staff responds by initiating an investigation to ensure a violation is present, will contact the property owner/manager and ensure the violation is corrected or enforcement action will be pursued. City Council requested that staff pursue the development of a rental inspection program. As a pilot program, staff developed a draft Voluntary Proactive Rental Inspection program. The presentation provided additional information regarding the proposed program, outreach completed, next steps needed for implementation and request feedback. CCM 041323 Minutes Page 8 Mrs. Prochazka explained that the purpose of this program is to establish a voluntary proactive rental inspection program, list of pre-qualified inspectors, and list of rental properties that have been inspected to ensure rental properties are safe and healthy for renters, that they are regularly maintained, and to reduce the potential of blighting influences on neighborhoods. It is not the intent of this article to determine the rights and liabilities of persons under agreements to which the City is not a party. This article shall not be construed to alter the terms of any lease or other agreement between a landlord and a tenant or others relating to property that is the subject of this article, provided that no provision of any lease or other agreement shall be construed to excuse non-compliance with this article. Jessica Williams, TAMU Student Government, gave the opinion that the goals of a rental inspection program should be two-fold: to find and correct unsafe housing in the short term, and to encourage investment in property management and reduction of blight in the long term. When evaluating the success of a pilot program, the city should keep both these objectives in mind. Success could be defined by the number of inspections conducted and number of violations found. In the longer term, overall reduction in property maintenance issues and money reinvested in the housing supply would be good metrics although those are unlikely to be seen with a pilot program. Ms. Williams also stated although we are excited that the city is taking steps to protect the health and safety of its renters, we are concerned that the voluntary nature will make the program unsuccessful before it has even started. We are trying to change behaviors of the few landlords who do not maintain their property, and the voluntary program will likely not impact them. The nature of proactive rental inspection programs is to find and correct problems and encourage best practices so that housing is safe for all. For that to succeed, it must be for everybody. At approximately 10:01 p.m., Mayor Nichols opened for Citizen Comments. Rich Woodward, College Station, came before Council to express his opinion that voluntary inspections are not going to get the units that need the inspections. He believes the only way you can make the program work is if you inspect units on demand. Tre Watson, College Station, came before Council to express that See Click Fit needs to be promoted on social media and feel that in this city the landlords take advantage of the less unfortunate. Kyle Bryan, College Station, came before Council with his concerns on the Voluntary Proactive Rental Inspection program and does not feel that this will work with the leasing agencies and/or landlords. He believes that the city will have to devote the proper amount of resources to the problem if they want to have an impact. There being no further comments, Citizen Comments was closed at 10:10 p.m. Council directed staff to create a voluntary Proactive Rental Inspection pilot program as a first step toward a future mandatory inspection program. 9. REGULAR ITEMS 9.1. Presentation, discussion, and possible action on Resolution No. 04-13-23-9.1 directing publication of notice of intention to issue Certificates of Obligation, Series 2023; and providing an effective date. CCM 041323 Minutes Page 9 Mary Ellen Leonard, Finance Director, presented a notice of intention to the issuance of one or more series of interest bearing certificates of obligation (the “Certificates”) in the principal amount not to exceed $30,100,000 for paying all or a portion of the City's contractual obligations to be incurred in connection with constructing, improving, acquiring and equipping the following projects: (i) streets and roads including related drainage, landscaping, signalization, lighting, pedestrian improvements and signage related thereto; (ii) information technology and communication equipment; (iii) improvements and extensions to the City's combined waterworks, sewer and electric systems including distribution, transmission, system lines, lift stations, pumps, storage tanks, metering, wells, plant improvements, and acquisition of interests in land for such purposes; and (iv) the payment of fiscal, engineering and legal fees incurred in connection therewith. MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to approve Resolution No. 04-13-23-9.1, directing publication of notice of intention to issue Certificates of Obligation, Series 2023; and providing an effective date. The motion carried. 9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4427 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 R Rural to SC Suburban Commercial for approximately 7.5 acres of land located at 2774 and 2840 Barron Road, generally located north of the intersection of Barron Road and William D. Fitch Parkway. Jeff Howell, Planning and Development, stated that this request is to rezone approximately 7.525 acres of land generally located north of the intersection of Barron Road and William D. Fitch Parkway from R Rural to SC Suburban Commercial. The tract (consisting of two un-platted properties developed as single-family detached and mobile home residential structures) was originally zoned R Rural upon annexation to the City in 1995. This zoning request is an effort to provide additional suburban commercial uses to the area. The applicant is requesting the zoning district change to allow for a proposed redevelopment of the property consisting of an office, bank, and retail uses which are not allowed on properties zoned R Rural. Staff recommends approval of this rezoning request as it is in line with the Comprehensive Plan and compatible with the surrounding area. At approximately 10:55 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:55 p.m. MOTION: Upon a motion made by Councilmember Yancy, and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023- 4427, amending Appendix A , Unified Development Ordinance, Article 4 "Zoning Districts,” Section 4.2 “Official Zoning Map,” of the Code of Ordinances of the Cit y of College Station, Texas, by changing the zoning district boundary from R Rural to SC Suburban Commercial for approximately 7.5 acres of land located at 2774 and 2840 Barron Road, generally located north of the intersection of Barron Road and William D. Fitch Parkway. The motion carried unanimously. 9.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4428 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, CCM 041323 Minutes Page 10 Texas, by changing the zoning district boundary from D Duplex to MH Middle Hou sing for approximately 0.24 acres of land at 721 and 723 Dominik Drive, being Lot 14R1 and Lot 14R2 of the University Oaks Section Two subdivision, generally located southwest of the intersection of Dominik Drive and Stallings Drive. Jeff Howell, Planning and Development, stated that this request is to rezone approximately 0.24 acres of land being two platted lots generally located at 721 and 723 Dominik Drive from D Duplex to MH Middle Housing. The subject properties were originally platted in 1970. They were further subdivided into two lots in 2012 and developed as a split-lot duplex with five bedrooms in each unit. The applicant intends to maintain the existing structure and rezone to allow for the existing split-lot duplex to function as a shared housing use. Shared housing is not an allowed use in the current D Duplex zoning district. If rezoned, the property would go through the site-planning process to ensure that it meets all of the requirements for a shared housing development. The Planning and Zoning Commission heard this item at their March 16, 2023, meeting and voted 7- 0 to recommend approval. Staff also recommends approval. At approximately 11:00 p.m., Mayor Nichols opened the Public Hearing. Charles Vesperman, College Station, came before Council with concerns with the process. He stated he is not against middle housing but is concerned about the domino effect that it may cause when homes are converted. There being no further comments, the Public Hearing was closed at 11:03 p.m. MOTION: Upon a motion made by Councilmember Wright, and a second by Councilmember Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember Harvell voting against, to adopt Ordinance No. 2023-4428, 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 D Duplex to MH Middle Housing for approximately 0.24 acres of land at 721 and 723 Dominik Drive, being Lot 14R1 and Lot 14R2 of the University Oaks Section Two subdivision, generally located southwest of the intersection of Dominik Drive and Stallings Drive. The motion carried. 9.4. Public Hearing, presentation, discussion, and possible action regarding the draft Community Development Block Grant - Regional Mitigation Program plan to receive $500,000 from the Texas General Land Office through the Brazos Valley Council of Governments Method of Distribution. Josh Brooks, Community Services, stated that the City Council approved a resolution on October 13, 2022, to accept Community Development Block Grant Mitigation funds from the Texas General Land Office through the Brazos Valley Council of Governments Regional Mitigation Program. The state - approved Method of Distribution provides the City of College Station with $500,000.00, while requiring that 100% of the funds benefit primarily low to-moderate income areas in College Station. The City of College Station is eligible for these funds due to the Federal/Presidential Declaration for Texas by County for the 2017 floods. The U. S. Department of Housing and Urban Development defines mitigation as "Those activities that increase resilience to disasters and reduce or eliminate the long-term risk of loss of life, injury, damage to and loss of property, and suffering an d hardship, by lessening the impact of future disasters." Community Services, Planning & Development Services, Public Works, Capital Projects, Emergency Management, Finance, and the City Manager's Office CCM 041323 Minutes Page 11 reviewed the list of eligible activities and determined a list of projects previously identified as necessary for mitigation but remained unfunded.  Total: $500,000  Final Proposed Projects:  Generator for Lincoln Center: $145,500  Flood Warning System: $354,500  Proposed Projects GLO determined to be ineligible:  Lot Acquisition – 137 Southland: $75,500  Cooling College Station Tree Planting: $188,550 The City utilized a consultant contract with Blais and Associates for Professional Grant Writing and Consulting Services for the development of the draft CDBG-MIT plan. The cost was $17,550 and the consultant utilized existing plans and documents to develop the draft CDBG-MIT plan, along with preparing all required documents and publications. At approximately 11:26 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 11:26 p.m. MOTION: Upon a motion made by Councilmember Wright, and a second by Councilmember Maloney, the City Council voted four (4) for and three (3) opposed, with Councilmember Harvell, Cunha, and Yancy voting against, to approve the draft Community Development Block Grant - Regional Mitigation Program plan to receive $500,000 from the Texas General Land Office through the Brazos Valley Council of Governments Method of Distribution. The motion carried. 9.5. Presentation, discussion, and possible action regarding a professional services and construction phase services contract with Mitchell & Morgan in the amount of $185,194 for the 2022 Bond: Pickleball and Futsal Courts Project at Anderson Park and Resolution No. 04-13- .23-9.5 Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. Jennifer Cain, Capital Projects, stated that this project was approved by the voters in November 2022 as part of the 2022 Bond Program. The project, located in Anderson Park, will install outdoor courts for pickleball, futsal, and other sports with full LED lighting, lines, surfacing, and may also include additional parking. The City of College Station issued a Request for Qualifications (RFQ) and received 5 Statements of Qualifications (SOQ) that were submitted. Mrs. Cain explained after the review and evaluation process, Mitchell & Morgan were selected as the most qualified firm for the project. The budget in the amount of $1,700,000 is included for this project in the Parks Capital Improvement Projects Fund. A total of $1,166 has been expended or committed to date, leaving a balance of $1,698,834 for this design contract and future costs. Funding for this project was approved by the City of College Station’s November 2022 General Obligation Bond Election. MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve a professional services and construction phase services contract with Mitchell & Morgan in the amount of $185,194 for the 2022 Bond: Pickleball and Futsal Courts Project at Anderson Park and Resolution No. 04-13-23-9.5 Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt. The motion carried unanimously. CCM 041323 Minutes Page 12 9.6. Presentation, discussion, and possible action on Resolution No. 04-13-23-9.6 of the City Council of the City of College Station, Texas, determining that a public utility easement containing approximately 0.714 acres of land is needed and needs to be acquired from 47 Oaks, LLC, for the construction, operation, and maintenance of a public utility easement as a part of the College Station Northwest Electric Substation Project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. Jennifer Cain, Capital Projects, stated that College Station is planning to develop an electric substation on Raymond Stotzer Parkway (FM 60) west of Easterwood Airport to serve the northwest secto r of the city. The project was presented to City Council in October 2016 and staff was directed to proceed. A tract for development of the substation was acquired in 2018 and a 40’ wide easement is now needed to extend across the 47 Oaks tract to Riverside Parkway (SH 47). The 47 Oaks property is 50.15 acres located at the corner of Raymond Stotzer Parkway and Riverside Parkway. Staff met with the landowners in January 2017 to discuss the project and have been in contact since that time. Negotiations with the owners have failed, and acquisition by eminent domain is needed to acquire the easement. The final offer for the easement was $40,269, which was based on an appraisal report completed by JLL Valuation and Advisory Services. The City and landowners have not been able to settle upon the cash fair market value and damages, if any. Funds for this acquisition have been budgeted for and are available in the College Station Utilities Electric Department Capital Improvement Project Budget. MOTION: Upon a motion made by Councilmember Maloney, and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 04-13- 23-9.6, determining that a public utility easement containing approximately 0.714 acres of land is needed and needs to be acquired from 47 Oaks, LLC, for the construction, operation, and maintenance of a public utility easement as a part of the College Station Northwest Electric Substation Project for the City of College Station, Texas; and authorizing the institution of eminent domain proceedings. The motion carried unanimously. 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 Coun cil 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 Wright recognized the Fun for All Dance Event. 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) CCM 041323 Minutes Page 13 Nothing to report at this time. 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 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 a report back on adding a bike lane to Dominic. Councilmember Wright requested a report back on no parking signs on certain roads. In accordance with the Texas Government Code §551.089-Security, the College Station City Council reconvened into Executive Session at 11:56 p.m. on April 13, 2023, to continue discussing matters pertaining to: 2.4. Deliberation on deployment, or specific occasions for implementation, of security personnel or devices or a security audit; to wit:  Computer network vulnerability and security assessment. Executive Session recessed at 1:25 a.m. No vote or action was taken in Executive Session. 14. Adjournment. There being no further business, Mayor Nichols adjourned the Meeting of the City Council at 1:26 a.m. on Friday, April 14, 2023. ________________________ John P. Nichols, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary