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HomeMy WebLinkAbout11/25/2024 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION NOVEMBER 25, 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 Tanya Smith, City Secretary Ian Whittenton, Deputy City Secretary 1. Call to Order and Announce a Ouorum 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 November 25, 2024, 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, §551.074- Personnel, §551.076-Security and §551.086-Competitive Matters, and the College Station City Council convened into Executive Session at 4:00 p.m. on November 25, 2024, to continue discussing matters pertaining to: 2.1. 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 CCM 112524 Minutes Page 1 • 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. • Legal advice related to entering into a settlement agreement regarding an opioid settlement with Kroger. 2.2. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • Planning and Zoning Commission • City Manager • Council Self -Evaluation 2.3 Deliberation on deployment, or specific occasions for implementation, of security personnel or devices or a security audit; to wit: • Security related to City Hall and Council Chambers. 2.4. Deliberation on a competitive matter as that term is defined in Gov't Code Section 552.133; to wit: • Power Supply 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 6:02 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation proclaiming the month of November 2024 as National Entrepreneurship Month. Mayor Nichols presented a proclamation to the Brian Piscacek, Will Hayes, and individuals involved with "One Million Cups" proclaiming the month of November 2024 as National Entrepreneurship Month. 6. Hear Visitors Comments. No one signed up to speak. 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 CCM 112524 Minutes Page 2 at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. Item 7.3, and 7.4 was pulled from Consent for clarification. (7.3) Gary Mechler, Water Director, explained how the biding process works for the rehabilitation of City -owned Water Well 3, which includes additional alternative bid items 8-A, 9-A, 11-A, 13-A, 14- A, 15-A, 16-A, and 17-A, alongside the base bid. As part of the Water Services Department's asset management program, City -owned wells undergo regular rehabilitation to enhance production, reliability, and efficiency. The rehabilitation process typically involves cleaning well screens, replacing or lowering pumping equipment, and implementing other necessary improvements. (7.4) Gary Mechler, Water Director, explained the change order language of the Sandy Point Pump Station Wellfield Collection Line Phase 1 project which includes replacing an existing 30-inch wellfield collection line with a 48-inch water line near and within the Sandy Point Pump Station Water Treatment Plant. Additionally, an unforeseen conflict with an existing Wellborn SUD water line necessitates field adjustments to ensure the proper installation of the new 48-inch water line. The water line was missed in the bidding. (7.5) Carol Cotter, City Engineer, explained the statutory 5-year update was completed on November 22, 2021. Revised land use assumptions and capital improvements plans were adopted including resultant maximum assessable rates and associated collection rates. In July of last year, residential impact fee collection rates were amended to provide for annual increases to water and roadway impact fees, beginning January 1, 2024, and again on January 1st of 2025 and 2026. This report documents the period from April 1, 2024, through September 30, 2024. Other than the programmed increase in collection rates, there have been no major changes in the water, wastewater, or roadway impact fee programs during this reporting period. This report includes a summary of the utility and roadway impact fees collected, transferred, and available for capital improvement projects. It also lists ongoing capital improvement projects partially funded by impact fee revenues. Mrs. Cotter also went over the schedule of upcoming increases of impact fees. 7.1. Presentation, discussion, and possible action of minutes for: • November 11, 2024 Special Meeting • November 14, 2024 Council Meeting 7.2. Presentation, discussion, and possible action regarding Ordinance No. 2024-4562 amending Chapter 38, "Traffic and Vehicles," Article II, "Stopping, Standing and Parking," Division 3 "Northeate Area" Section 38-104, of the Code of Ordinances of the City of College Station, Texas, by amending certain sections relating to exemptions. 7.3. Presentation, discussion, and possible action on a construction contract with Weisineer, Inc. for the Water Well No. 3 Rehabilitation nroiect in the amount of $863,025 along with a contingency amount of $86,975 resulting in a total appropriation of $950,000. Approval of this item will authorize the City Manager to approve expenditures up to the contingency amount. 7.4. Presentation, discussion, and possible action on a change order with Elliott Construction, LLC for $125,800 for construction services related to the Sandy Point Pump Station Wellfield Collection Line Ph#1 Rehabilitation nroiect. CCM 112524 Minutes Page 3 7.5. Presentation, discussion, and possible action regarding a Semi -Annual Report on Svstem- Wide Impact Fees for Water, Wastewater, and Roadway. 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 the Consent agenda less item 7.5. The motion carried unanimously. (7.5) MOTION: Upon a motion made by Councilmember White and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to receive the Semi -Annual Report on System -Wide Impact Fees for Water, Wastewater, and Roadway. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action regarding an update from College Station Emergency Management. Tradd Mills, Emergency Management Coordinator, provided an update regarding the actions of emergency management for the City of College Station as well as collaboration with partnering agencies. The Community Emergency Operations Center (Highlights) • Plans reviewed/updated: ✓ Interjurisdictional - Hazard Mitigation Action Plan (State approved, awaiting FEMA approval) ✓ Annex U: Legal ✓ Annex P: Hazard Mitigation ✓ Basic Emergency Operations Plan ✓ Annex Q: Hazardous Materials and Oil Spill Response ✓ Annex H: Health and Medical Services • Monitored and maintained situational awareness for forecasted potential threats • Continue to assist the region as an HSAC committee member, CSISD as a safety and security committee member, LEPC committee member, and VOAD committee member. • CEOC hosted trainings: G300/400 two times, Basic PIO course in Oct., CS Debris Management Course 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4563 vacating and abandoning a 0.077-acre portion of a 20-foot-wide public utility easement located along Lots 2-5, Block 25 of the Southern Pointe Subdivision, Section 200, Brazos County, Texas, according to the instrument recorded in Volume 14600, Page 73 of the Official Public Records of Brazos County, Texas. Regular Items 9.1 and 9.2 were presented together. 9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4564 vacating and abandoning a 0.005-acre portion of a 20-foot-wide public utility easement located over, across, and upon Lot 1, Block 25 of the Southern Pointe Subdivision, Section 200, Brazos County, Texas, according to the Easement recorded in Volume 14600, Page 73 of the Official Public Records of Brazos County, Texas. CCM 112524 Minutes Page 4 Lucas Harper, Planning and Development, stated these public utility easement abandonments are being requested by the applicant because of a desire to construct residential homes on lots that are currently occupied by a shared drive and parking for model homes located in the subdivision. The originally dedicated easement was not utilized by utilities and a separate public utility easement (PUE) has been dedicated along the right-of-way frontage to serve existing and future utilities. The existing 50-foot-wide right-of-way of Darlington Avenue will also remain in place to provide access and utilities to the lots. The utility easement is located approximately 120 feet southeast of the intersection of Southern Pointe Parkway and Darlington Avenue, extending across Lots 2-5, Block 25 of the Southern Pointe Subdivision, Section 200, also currently known as 6106-6124 Darlington Avenue. At approximately 6:55 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 6:55 p.m. (9.1) MOTION: Upon a motion made by Councilmember Shafer and a second by Councilmember Mcllhaney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024- 4563, vacating and abandoning a 0.077-acre portion of a 20-foot-wide public utility easement located along Lots 2-5, Block 25 of the Southern Pointe Subdivision, Section 200, Brazos County, Texas, according to the instrument recorded in Volume 14600, Page 73 of the Official Public Records of Brazos County, Texas. The motion carried unanimously. (9.2) 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 adopt Ordinance No. 2024-4564, vacating and abandoning a 0.005-acre portion of a 20-foot-wide public utility easement located over, across, and upon Lot 1, Block 25 of the Southern Pointe Subdivision, Section 200, Brazos County, Texas, according to the Easement recorded in Volume 14600, Page 73 of the Official Public Records of Brazos County, Texas. The motion carried unanimously. 9.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4565 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 boundaries from PDD Planned Development District to PDD Planned Development District to amend the concept plan for approximately 11 acres generally located at 424 Northpoint Crossing Drive. Robin Macias, Planning and Development, stated this the applicant is requesting to amend the concept plan to reduce the amount of required commercial space on the ground floor to 24% or 12,225 square feet for the subject property generally located at the intersection of Texas Avenue and University Drive. The subject property is currently developed as a mixed -use development with retail space on the ground floor and multi -family apartments above in three buildings and multi -family residential in the remaining buildings and located within The Crossing area of the Northeast Gateway Redevelopment Plan. The goals for this area are to build a vibrant and distinct identity for the crossing that embraces an attractive urban form with versatile public spaces and to ensure the availability of residential and commercial opportunities throughout the district. The property was first rezoned in 2012 to PDD Planned Development District and required that the entire ground floor be commercial space. In 2017, a concept plan amendment was approved to reduce the amount of required commercial space to 50% of the ground floor. CCM 112524 Minutes Page 5 Staff recommends denial of the rezoning request for the proposed changes to the Concept Plan. The proposed changes are not in line with the Comprehensive Plan or Northeast Gateway Redevelopment Plan. The Planning and Zoning Commission heard this item at their November 7, 2024 meeting and recommended approval (6-0). At approximately 7:36 p.m., Mayor Nichols opened the Public Hearing. Valen Cepak, College Station, came before council to lend his credibility to the request to amend the concept plan as he works with an adjacent property which struggles with the same issues. There being no further comments, the Public Hearing was closed at 7:37 p.m. 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 adopt Ordinance No. 2024-4565, 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 boundaries from PDD Planned Development District to PDD Planned Development District to amend the concept plan for approximately 11 acres generally located at 424 Northpoint Crossing Drive. The motion carried unanimously. 9.4. Presentation, discussion, and possible action regarding the appointment of Councilmember to the Council Transportation Committee and Chair to the Bicycle, Pedestrian, and Greenways Advisory Board or designee. MOTION: Upon a motion made by Councilmember White and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to appointed Councilmember Mark Smith as Chair of the Council Transportation Committee. The motion carried unanimously. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, for the Council Transportation Committee Chair to designate Scott Shafer as Chair to the Bicycle, Pedestrian, and Greenways Advisory Board. The motion carried unanimously. 9.5. Presentation, discussion, and possible action regarding the appointment of a Planning and Zoning Commission Chair. MOTION: Upon a motion made by Councilmember Mcllhaney and a second by Councilmember White, the City Council voted seven (7) for and none (0) opposed, to appoint Jason Cornelius as Chairperson of the Planning and Zoning Commission. The motion carried unanimously. 10. 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. CCM 112524 Minutes Page 6 Mayor Nichols reported on the passing of A.C. Vinzant. 11. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and commissions or meetings of boards and committees on which a Council Member serves as a representative that have met since the last council meeting. (Committees listed in Coversheet) Councilmember Yancy reported on Health Board. Mayor Nichols reported on the IGC meeting and the appointment of Councilmember Yancy as incoming Chair. 12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to City Council to place an item for which no notice has been given on a future agenda or may inquire about the status of an item on the standing list of council generated future agenda items. A Council 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 subiect of a request will be limited to a proposal to place the subject on the agenda for a subsequent meeting. Councilmember Yancy requested a future item for Impact Fees during Strategic Planning. 13. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 8:00 p.m. on Monday, November 25, 2024. g:te JoK1 P. Nichols, Mayor Tanya Smitl?City Secretary CCM 112524 Minutes Page 7