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HomeMy WebLinkAbout04/27/2023 - Regular Minutes - City CouncilCCM 042723 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION APRIL 27, 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: Jeff Capps, Deputy City Manager Jeff Kersten, Assistant 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 27, 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, and §551.074- Personnel, the College Station City Council convened into Executive Session at 4:00 p.m. on April 27, 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 042723 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 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Secretary  City Attorney  Municipal Court Judge 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 6:00 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation proclaiming May as National Bike Month. Mayor Nichols presented a proclamation to staff member Jason Schubert, members of the cycling community, and the Bicycle, Pedestrian and Greenways Committee recognizing May 2023 as National Bike Month. 5.2. Presentation proclaiming May 7th through the 13th as Drinking Water Week. Mayor Nichols presented a proclamation to Jennifer Nations, Water Services Program Coordinator, recognizing May 7th through the 13th as Drinking Water Week. 6. Hear Visitors Comments. Luke Morrison, College Station, came to Council to introduce himself as the new chair of the Community Relations Committee with TAMU Student Senate and express how he looks forward collaboration to cultivate a strong relationship between the students and local government. Fred Dupriest, College Station, came before Council to speak on protecting neighborhoods from Middle Housing and the connection to spot zoning. Mr. Dupriest summarized the key take ways: 1.) Commit to not rezoning individual lots. There are great disparities in the occupancy, cash flow, and increased taxation on other properties that are not allowed the same occupancy and cash flow; 2.) Determine how much working-class housing College Station needs. Take all but that amount off the Land Use Map as it is the only certain way to protect it; 3.) All Middle Housing should be city-initiated to enable consolidation of ownership and redevelopment consistent with the Middle Housing vision, and assessment of the impact on traffic, utilities, and other urban design objectives; and 4.) Revisit the legality of the zoning of individual lots as he believes it may be considered spot zoning. Reconsider whether Shared Housing should be in Middle Housing. James Mulvey, Bryan, came before Council to describe the flooding that happens on Vine St and what the sewer line will enhance if it comes through that area. Mr. Mulvey presented a picture of Wayne CCM 042723 Minutes Page 3 and Pam Hayenga home for the last 50 years on Tanglewood, which flooded 4 inches in house 2013, costing $40,000 out of pocket. He also thanked the Council for maintaining an open forum for all community members regardless of residency. 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 7.2 and 7.6 were pulled from Consent for clarification. (7.2) Tradd Mills, Emergency Management Coordinator, explained that this plan will include terrorism as well as natural events. This will be a city-wide effort, not just for police and fire, but include mutual aid that will extend to other entities, such as Brazos County, City of Bryan and TAMU. (7.6) Mary Ellen Leonard, Director of Finance, explained that the in the event of a default there is no financial impact to the City for issuance of the bonds. Repayment is by those residents and businesses located within Rock Prairie Management District No. 2. 7.1. Presentation, discussion, and possible action of minutes for:  April 13, 2023 Council Meeting 7.2. Presentation, discussion, and possible action regarding a contract with Innovative Emergency Management, Inc. (IEM) for a Continuity of Operation Plan (COOP) not to exceed $107,844.81. 7.3. Presentation, discussion, and possible action regarding a consulting contract for pole loading analysis (PLA) to EN Engineering for an amount not to exceed $200,000. 7.4. Presentation, discussion, and possible action regarding the second reading of a franchise agreement Ordinance No. 2023-4430 with Frontier Texas Ventures I, LLC DBA Frontier Waste Solutions for the collection of recyclables from commercial businesses and mu lti-family locations. 7.5. Presentation, discussion, and possible action regarding the second reading of a franchise agreement Ordinance No. 2023-4429 with Pronto Services LLC for the collection of recyclables from commercial businesses and multi-family locations. 7.6. Presentation, discussion, and possible action regarding Resolution No, 04-27-23-7.6 granting consent to the Rock Prairie Management District No. 2 sale and issuance of unlimited tax road bonds, series 2023 not to exceed $1,750,000. 7.7. Presentation, discussion, and possible action regarding consultant contract with Binkley & Barfield, Inc. in the amount of $116,100 for drainage, roadway, utilities, and culvert improvements at Milliff Road and Redmond Drive. 7.8. Presentation, discussion, and possible action regarding partial awards to Anixter for $61,629.54 and to Techline for $192,550.10 for items included in Sections D, E, and F of the attached bid tabulation and the rejection of proposals received for items in Sections A, B, and C CCM 042723 Minutes Page 4 for overhead transmission materials required for relocating electric facilities to accommodate the TxDOT State Highway 6 widening project. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Maloney, 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 an update on the street maintenance program. Emily Fisher, Public Works Director, presented a brief update on the Street Maintenance Program:  Pavement Condition Indexing Process  Compare Pavement Condition Index  Street Maintenance and Capital Program Costs  Street Maintenance and Capital Plan  Street Maintenance Open House: Wednesday, May 17, 2023 in City Hall Bush 4141at 6:00 pm 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4431_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 M-1 Light Industrial to GC General Commercial for approximately 5 acres of land, generally located at State Highway 6 S and Venture Drive. Robin Macias, Planning and Development, stated that this request is to rezone approximately 5 acres of land, generally located at State Highway 6 S and Venture drive. The subject property is part of the CCM 042723 Minutes Page 5 College Station Business Center and is currently undeveloped. The intent of the rezoning is to provide large office spaces which include uses not allowed within the current zoning district, for example, medical clinics and banks with drive-thru facilities. The Planning and Zoning Commission heard this item at their April 20, 2023 meeting and recommended approval 5-0. Staff recommends approval of the rezoning request as it is in line with the Comprehensive Plan and compatible with the surrounding area. At approximately 7:16 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:16 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- 4431, 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 M-1 Light Industrial to GC General Commercial for approximately 5 acres of land, generally located at State Highway 6 S and Venture Drive. The motion carried unanimously. 9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4432 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 and GS General Suburban to T Townhouse for approximately 8.2 acres of land at 3197 Holleman Drive South, generally located north of the intersection of Holleman Drive South and Deacon Drive West. Jeff Howell, Planning and Development, stated that this request is to rezone approximately 8.181 acres of land generally located north of the intersection of Holleman Drive South and Deacon Drive West from R Rural and GS General Suburban to T Townhouse. The tract propos ed to be rezoned consists of two un-platted properties. The smaller property (2.988 acres) was originally zoned R Rural upon annexation to the City in 2002. The larger property (5.193 acres) was part of The Barracks PDD Planned Development District, where it was planned for townhome development in 2015. This property was rezoned to GS General Suburban in 2018 in anticipation of the development of the Antioch Community Church. This zoning request is in effort to provide additional housing and residential density to this area, specifically townhome development. The Planning and Zoning Commission heard this item at their April 6, 2023 meeting and recommended approval 7-0. Staff recommends approval of this rezoning request as it is in line with the Comprehensive Plan and compatible with the surrounding area. At approximately 7:25 p.m., Mayor Nichols opened the Public Hearing. Mark Golden, College Station, came before Council to address his concerns and confusion on the sewer with the rezoning at this located that is across from his property. There being no further comments, the Public Hearing was closed at 7:31 p.m. MOTION: Upon a motion made by Councilmember Maloney, and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-4432, CCM 042723 Minutes Page 6 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 and GS General Suburban to T Townhouse for approximately 8.2 acres of land at 3197 Holleman Drive South, generally located north of the intersection of Holleman Drive South and Deacon Drive West. The motion carried unanimously. 9.3. Presentation, discussion, and possible action regarding possible projects to be funded with the Community Development Block Grant - Mitigation Plan funds to be received from the Texas General Land Office through the Brazos Valley Council of Gov ernments Method of Distribution. Debbie Eller, Community Services Director, stated that the City Council approved a resolution on October 13, 2022 to accept Community Development Block Grant Mitigation (CDBG -MIT) funds from the Texas General Land Office (GLO) 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; 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 for flood mitigation projects due to the Federal/Presidential Disaster 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 and hardship, by lessening the impact of future disasters." 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 is not to exceed $20,925. The consultant utilized existing plans and documents to develop the draft CDBG-MIT plan, along with preparing all required documents and publications. As required by CDBG-MIT, a public comment period was open from March 30th through April 13th, including a Public Hearing at the April 13th City Council meeting. Due to comments received from the Council, and after consulting with the GLO, the proposed project list was changed, and an additional public comment period will be opened from April 28th - May 12th. The Council meeting on May 15th will include a Public Hearing and a request for consideration of plan approval. Staff requested an extension of the deadline for submission of the plan to allow for sufficient public comment. The extension was granted, and the plan is due May 17, 2023. CCM 042723 Minutes Page 7 Council directed staff to move forward with recommendations as presented. 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. Councilmember Maloney recognized Mayor Nichols proclaiming April 15th as Sheriff Kirk Day and naming the Sheriff’s Department Facility after him. 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 Smith reported on BVSWMA. 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 discussion item taking a stance on limiting state control of local government affairs. 14. Adjournment. There being no further business, Mayor Nichols adjourned the Meeting of the City Council at 8:07 p.m. on Thursday, April 27, 2023. ________________________ John P. Nichols, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary