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HomeMy WebLinkAbout11/14/2024 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION NOVEMBER 14, 2024 STATE OF TEXAS COUNTY OF BRAZOS Present: John Nichols, Mayor Council: Mark Smith William Wright David White Melissa Mcllhaney Bob Yancy Scott Shafer § § City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Ian Whittenton, Deputy City Secretary Kim Dickey, Records Management Administrator 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 3:01 p.m. on November 14, 2024, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. Councilmember Cunha was absent. 2. Canvassing of Election. 2.1. Presentation, discussion, and possible action of Ordinance No. 2024-4559 of the City Council of the City of College Station, Texas, canvassing returns and declaring results of the general election, held on November 5, 2024 for the purpose of electing a City Council Member, Place 3, a City Council Member, Place 4, a City Council Member, Place 5, and a City Council Member, Place 6. (Presentation, discusion,y posible action acerca de una ordenanza no. 2024-4559 del conseio de la ciudad de College Station, Texas, para escrutinar los resultados de los votos y declarando los resultados de las elecciones especiales, celebrada el 5 de noviembre de 2024 con el proposito de elegir un Miembro del Concejo Municipal, Lugar 3, un Miembro del Concejo Municipal, Lugar 4, un Miembro del Concejo Municipal, Lugar 5, y un Miembro del Concejo Municipal, Lugar 6.) Ian Whittenton, Deputy City Secretary, presented the results of the General Election to Councilmembers Place 3, 4, 5 and 6: CCM 111424 Minutes Page 1 Councilmember, Place 3 David White Valen Cepak Councilmember, Place 4 Melissa Mcllhaney Aron Collins 20,218 7,464 19,243 8,486 Councilmember, Place 5 Bob Yancy 25,997 Councilmember, Place 6 Tre Watson Scott Shafer 13,727 13,948 David White, Melissa Mcllhaney, Bob Yancy, and Scott Shafer each received a majority of the votes cast for their respective race and were declared elected. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Yancy, the City Council voted seven (6) for and none (0) opposed, to adopt Ordinance No. 2024-3559, canvassing returns and declaring results of the general election, held on November 5, 2024 for the purpose of electing a City Council Member, Place 3, a City Council Member, Place 4, a City Council Member, Place 5, and a City Council Member, Place 6. The motion carried unanimously 2.2. Issuance of Certificates of Election to elected City Council Member Places 3, 4, 5 and 6; and administer Oaths of Office. (Emision de Certificados de Election a Conceiales electos Lu2ares 3, 4, 5 v 6; v administrar iuramentos de cargo.) Judge Spillane administered the oath of office to David White, newly elected Councilmember, Place 3; Melissa Mcllhaney, newly elected Councilmember, Place 4; Bob Yancy, newly elected Councilmember, Place 5; and Scott Shafer, newly elected Councilmember, Place 6. Mayor Nichols and City Manager Woods presented Councilmembers Harvell and Maloney with a street sign bearing their name and place number. The Council Meeting recessed at 3:16 p.m. for a reception honoring former Councilmembers Linda Harvell, Councilmember, Place 3; Elizabeth Cunha, Councilmember Place 4; and Dennis Maloney, (Mayor ProTem) Councilmember Place 6. 3. Reception. Mayor Nichols recessed the meeting for the reception at 3:16 p.m. The meeting resumed at 3:52 p.m. 4. Executive Session Agenda. CCM 111424 Minutes Page 2 In accordance with the Texas Government Code §551.071-Consultation with Attorney, and §551.072- Real Estate, §551.074-Personnel, and the College Station City Council convened into Executive Session at 3:52 p.m. on November 14, 2024, to continue discussing matters pertaining to: 4.1. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit: • 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 • City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas; and • The City of College Station v. The Public Utility Commission of Texas, Cause No. D-1-GN- 24-005680 in the 200th District Court, Travis County, Texas; and • Cynthia Hopkins & Geoffry Hopkins v. City of College Station, Cause No. 23-002880-CV-85 in the 85th District Court, Brazos County Texas. • Texas A&M University System v. BVGCD, et al, Cause No. 24-002626-CV-472, in the 472nd District Court, Brazos County. • Legal advice related to College Station's water permits issued or pending from the Brazos Valley Groundwater Conservation District and any production or transport permits pending or issued from the Brazos Valley Groundwater Conservation District. 4.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. • Approximately 1.5 acres of land located 301 Patricia Street and review of the sealed bids submitted under bid number 24-073. • Approximately 8 acres of land located at 1508 Harvey Road. • Approximately 300 acres generally located at Corporate Parkway and Midtown Drive in the Midtown Business Park. 4.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • City Manager • Council Self -Evaluation 5. 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 6:20 p.m. No action was taken. 6. Pledge of Allegiance, Invocation, consider absence request. 7. Hear Visitors Comments. Mayor Nichols and City Manager Woods presented Councilmember Cunha with a street sign bearing her name and place number. Elizabeth Cunha, Shenandoah neighborhood in College Station, came before Council to congratulate the candidates who were in the last election on a well -run campaign. For the elected, she encouraged them to be who they would want to see in office, work though mistakes and hard times, and hoped CCM 111424 Minutes Page 3 that they would leave the office they hold enlightened and hopeful. She also thanked staff, past and present, who do the work everyday that makes a difference in the community. 8. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consist of ministerial, or "housekeeping" items as allowed by law: A Councilmember may request additional information at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. Item 8.2, 8.3, and 8.4 was pulled from Consent for clarification. (8.2) Jennifer Cain, Director of Capital Projects, explained how the budget and estimated costs of a project are communicated to council. She also spoke to the invitation to bid process and how contracts are awarded. (8.3) Jennifer Cain, Director of Capital Projects, gave a brief overview of the contract review process. (8.4) Jennifer Cain, Director of Capital Projects, gave a brief overview of the construction sealed proposal process and other methods of securing services and contracts. A majority of Council requested that an overview of the contract bidding process be presented at the upcoming council orientation meeting. 8.1. Presentation, discussion, and possible action of minutes for: • October 24, 2024 Council Meeting 8.2. Presentation, discussion, and possible action on approval of a construction contract with Sadie Burche, LLC. in the amount of $271,463 for the remodel of a portion of the Carter Creek Wastewater Treatment Plant Office, plus the City's contingency in the amount of $27,146 for a total appropriation of $298,609. Approval of this item grants authority for the City Manager to authorize expenditures up to the City's contingency amount. 8.3. Presentation, discussion, and possible action on a_construction contract with G.A.M. Construction, Inc. in the amount of $113,900 for the VPAC Cabinets & Counters Project. 8.4. Presentation, discussion, and possible action on a construction contract with Musco Sports Lighting, LLC for the Pickleball and Futsal Courts at Anderson Park in the amount of $313,068 and for Bee Creek and Central Park Tennis Courts Rehabilitation project in the amount of $334,506 for a total combined amount of $647,574. 8.5. Presentation, discussion, and possible action on the Office of the Governor's Victim Services Grant Resolution No. 11-14-24-8.5. 8.6. Presentation, discussion, and possible action on Resolution No. 11-14-24-8.6 and letter agreement that concurs with the Texas Department of Transportation's (TxDOT) de minimis impact determination for the Smith Tract Park property regarding the State Highway 6 Central BCS lane expansion project and future Highway 30 roundabout. CCM 111424 Minutes Page 4 8.7. Presentation, discussion, and possible action on a construction contract with Becker Arena Systems for the dasher board systems and goals for the Futsal (Multi -use) Courts at Anderson Park for $229,440. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Mcllhaney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda. The motion carried unanimously. 9. WORKSHOP ITEMS 9.1. Presentation, discussion, and possible action regarding a presentation and update on the Mabel Clare Thomas Park Redevelopment Project. Kelsey Heiden, Parks and Recreation Director, stated that this project is part of the 2022 voter - approved bond initiatives and aims to enhance one of the community's most cherished parks, while preserving its historic character and charm. The presentation provided City Council with an overview of the proposed Mabel Clare Thomas Park master plan for consideration. Background and Timeline • 2022 Bond Passed • 2023 Concept Development • Park Vision Plan (2021) • Texas A&M Student Work (2020) • The Eastgate Neighborhood Plan (2011) • 2024 Public Engagement Touchpoints • Public Meeting • Parks and Recreation Advisory Board • Online Survey Public Engagement — Multipurpose Lawn for Open Play 179 Requested Site Amenities Arrivals / Entry Point Improvem... 157 Proposed Master Plan Existing Amenities A. Multi -purpose Lawn B. Playground C. Fitness Station D. Basketball Court E. Tennis Court Restroom 149 Active Play 140 Trail Markers 93 Discovery Play 77 Proposed Amenities 1. Gilchrist Arrival 2. Pavilion 3. Restrooms 4. Play Village 5. Play Lawn 6. Active Play 7. Swings Habitat / Educati... Areas 68 Irrtensrly Exercise Stations 57 Activity lawn 60 Pavilion 41 9 9. Picnic Space 10. Multi -purpose Lawn 11. Overlook 12. Naturalized Drainage 13. Improved Fitness Trail 14. Arrival Plaza 15. Fitness Station CCM 111424 Minutes Page 5 8. Exploration Play 16. Additional Trees Diane Davis, College Station, came before Council to state that she generally believes this is a wonderful concept plan but would like to see more details about the lighting on the basketball court and seating. MOTION: Upon a motion made by Councilmember Mcllhaney and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to direct staff to move forward with a design contract based on the presented plan. The motion carried unanimously. 9.2. Presentation, discussion, and possible action regarding the economic impact of large summer events and the upcoming 2024 Christmas in College Station campaign. Jeremiah Cook, Tourism Assistant Director, provided an overview of the 2024 summer season which brought many large events to College Station helping to drive economic impact through tourism during typically slower months. Aside from multiple annual youth sporting events and conventions, the George Strait concert and MEXTOUR Soccer match in June, and the USATF Junior Olympic National Championships in July brought an increase of 30.6% in June and 58.6% in July year over year in hotel occupancy taxes. The events also helped contribute to an increase of 7.3% in June and 8.3% in July in sales tax year over year. Mr. Cook went on to stated that the annual Christmas in College Station campaign including the brand refresh, a renewed partnership with Santa's Wonderland along with more visibility in Santa's Wonderland, new sponsor Texas Music Scene with 21 million viewers and multiple December airings for their Christmas special featuring adds for Christmas in College Station, new Aggieland Express Pass for local partners, and key annual events as cornerstones of the 2024 season. 9.3. Presentation, discussion, and possible action regarding the FY2024 Comprehensive Plan and Unified Development Ordinance (UDO) Annual Review. Christine Leal, Planning and Development, provided a brief update on the FY2024 Comprehensive Plan & Unified Development Ordinance (UDO) Annual Review that highlights the major Comprehensive Plan initiatives that occurred during FY2024. It covered the Comprehensive Plan and all associated master plans, programs, and small area plans. The review also included amendments that were made to the UDO, which helps implement the Comprehensive Plan's vision. This Annual Review is organized into the following categories and each item is labeled with its associated plan(s), as applicable: • Associated Plans and Small Area Plans; CCM 111424 Minutes Page 6 • Infrastructure projects that were completed, under construction, or under design; • Programs that were hosted by City departments; • UDO Amendments; and • Implementation Progress Report (98 Action Items) o Achieved — 5% o On Track — 83% o Off Track — 0% o At Risk — 1 % o Not Started —11 % Ms. Leal explained that in FY2025, the city will initiate a process to evaluate and update the Comprehensive Plan. The Comprehensive Plan calls for an Evaluation and Appraisal Report to be prepared every five years by City staff with input from the community, various City departments, the Planning and Zoning Commission, and other appropriate boards and commissions. The purpose of the evaluation is to identify the successes and shortcomings of the Plan, consider changing conditions, and recommend appropriate updates. Ultimately, the Report will provide a review of the basic conditions and assumptions related to College Station's growth, an evaluation of the 5-year implementation progress, and may recommend updates to the existing Comprehensive Plan. 12. REGULAR ITEMS 10.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024-4560 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 chap ig ng jhe zoning district boundary from SC Suburban Commercial to 0 Office for approximately 2.08 acres at 4205-4211 Rock Prairie Road, being Lots 1-4, Block 1 of the Waterford Heights Phase 1 Subdivision, generally located east of the intersection of Rock Prairie Road and Bird Pond Road. Jeff Howell, Planning and Development, stated this request is to rezone approximately 2.08 acres of land being four platted lots generally located at 4205 thru 4211 Rock Prairie Road from SC Suburban Commercial to 0 Office. The subject properties were originally platted in 2019 as part of a larger subdivision which also included residential properties as well. The applicant intends to rezone the four lots adjacent to Rock Prairie Road to allow for office use. While office uses are permitted within the existing zoning district, the applicant indicates that the commercial uses currently allowed may not be as suitable to the adjacent neighborhood. This item was heard at the October 17th, 2024 Planning and Zoning Commission meeting where the Commission voted 4-0 to recommend approval. At approximately 8:00 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:00 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. 2024-4560, 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 SC Suburban Commercial to 0 Office for approximately 2.08 acres at 4205-4211 Rock Prairie Road, being Lots 1-4, Block 1 of the Waterford Heights Phase 1 CCM 111424 Minutes Page 7 Subdivision, generally located east of the intersection of Rock Prairie Road and Bird Pond Road. The motion carried unanimously. 10.2. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2024-4561 vacating and abandoning a 0.139-acre portion of a 10-foot-wide utility easement located along Lots 1-7, Block 1 of the Needham Estates Subdivision, College Station, Brazos County, Texas, according to the final plat recorded in Volume 276, Page 301 of the Deed Records of Brazos County, Texas. Lucas Harper, Planning and Development, stated this the utility easement abandonment is being requested by the applicant as a result of a desire to revise the lot layout and construct a common area and storm -water detention facility. The proposed layout necessitates relocating the utility easement at the front of both rows of lots in the future subdivision. The originally dedicated easement was not utilized by utilities, a future public utility easement will be dedicated along the frontage of the new lots and the existing 60-foot right-of-way of Jamey Lane will remain in place to provide access and utilities to the lots. The utility easement is located approximately 139 feet southwest and parallel to Jamey Lane, extending down the rear lot lines of Lots 1-7, Block 1 of the Needham Estates Subdivision, also currently known as 2522 Barron Road. At approximately 8:06 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:06 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Mcllhaney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024- 4561, vacating and abandoning a 0.139 acre portion of a 10-foot-wide utility easement located along Lots 1-7, Block 1 of the Needham Estates Subdivision, College Station, Brazos County, Texas, according to the final plat recorded in Volume 276, Page 301 of the Deed Records of Brazos County, Texas. The motion carried unanimously. 10.3. Public Hearing, presentation, discussion, and possible action regarding Resolution No. 11- 14-24-10.3 authorizing a grant application to the Texas Water Development Board for the installation of a phase of the Flood Early Warning System. Carol Cotter, Planning and Development, stated this in April 2024, the City submitted an Abridged Funding Application for projects that would be eligible as part of the Intended Use Plan developed by the Texas Water Development Board for the Flood Infrastructure Fund. The application submitted included a request for approximately $90,000 to fund a phase of a Flood Early Warning System (FEWS) that would install three stormwater gauges with associated flood warning flashers and alert system to notify drivers, residents and emergency responders of the potentially hazardous conditions of roadway flooding with significant rainfall events that could threaten life, safety and property. In addition, the FEWS system will collect critical rainfall and stream data which can be used for future drainage projects and studies. The Abridged Application was approved by the Texas Water Development Board to allow for the submission of the full application for funding. The City of College Station is eligible for an amount being 40% of the project in grant funds, not to exceed $50,000. The Drainage Fund will cover the remainder of the installation and continued operation and maintenance. The proposed resolution will allow staff to submit the full application for funding and authorize the City Manager to sign all CCM 111424 Minutes Page 8 documents related to the grant. A public hearing is included with this item as required. The application is due November 19, 2024. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Shafer, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 11-14-24-9.3, authorizing a grant application to the Texas Water Development Board for the installation of a phase of the Flood Early Warning System. The motion carried unanimously. 10.4. Presentation, discussion, and possible action on an interlocal agreement with the City of Bryan for approval and access to City of Bryan properties and right-of-way for the Northeast Trunkline Phase 4 Sewer Project. Bryan Woods, City Manager, stated this this proposed Interlocal Agreement (ILA) between the City of College Station and the City of Bryan establishes a collaborative framework for the Northeast Trunkline Phase 4 sewer project. The project is designed to expand sewer capacity in College Station's northern service areas, including the Northgate District, and includes upgrades to the Hensel Park Lift Station, its force main, and the installation of a large -diameter trunkline Some sections of the sewer lines are proposed to be located within City of Bryan rights -of -way and properties, and this agreement ensures College Station has the necessary approval to proceed with the infrastructure in those areas. The ILA also outlines both cities' willingness to decommission College Station's Valley Park Lift Station, located near FM 2818 and FM 60. Under the agreement, the City of Bryan will contribute up to $200,000 toward a future project to redirect sanitary sewer flow and transfer the affected service area to the City of Bryan. Additionally, the agreement includes provisions for the City of Bryan to potentially provide some level of sewer service to areas north of Highway 30, between Elmo Weedon Road and Cole Lane, upon completion of the City of Bryan's proposed east side wastewater treatment plant. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember White, the City Council voted seven (7) for and none (0) opposed, to approve an interlocal agreement with the City of Bryan for approval and access to City of Bryan properties and right-of-way for the Northeast Trunkline Phase 4 Sewer Project. The motion carried unanimously. 10.5. Presentation, discussion, and possible action on Change Order No. 2 for the Northeast Sewer Trunk Line Ph IV Project design contract with Kimley-Horn and Associates, Inc., not to exceed $1,030,400. Jennifer Cain, Capital Projects Director, stated this the City of College Station approved a contract in 2022 with Kimley-Horn and Associates, Inc. for the design of the Northeast Sewer Trunk Line Phase IV. The design will include installation of a sewer trunk line which will serve areas of the community including the University Corridor and Northgate. This project will allow for continued development in this area which could soon be limited by existing sewer capacity. The contract amendment allows for the design of the lift station in order to reroute the sewer trunk line to Cooner Street/Chimney Hill instead of through the Beverley Estates neighborhood in Bryan. A budget of $26,200,000 is included in the Wastewater Capital Improvement Projects Fund for this project. A total of $1,587,941 has been spent or committed to date, leaving a balance of $24,612,059 for this change order and future costs. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve Change Order No. 2 for the CCM 111424 Minutes Page 9 Northeast Sewer Trunk Line Ph IV Project design contract with Kimley-Horn and Associates, Inc., not to exceed $1,030,400. The motion carried unanimously. 11. Items of Community Interest and Council Calendar: The Council may discuss upcoming events and 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. 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) 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 Yancy requested an item for an in-house Northgate small area plan to include stakeholder input and community outreach. 14. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 8:43 p.m. on Thursday, November 14, 2024. e Lhz.ae__ P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary CCM 111424 Minutes Page 10