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HomeMy WebLinkAbout02/22/2024 - Regular Minutes - City CouncilCCM 022224 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION FEBRUARY 22, 2024 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 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 3:00 p.m. on February 22, 2024, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Presentation of the Employee of the Year nominees and recognition of the Employee of the Year, the City Impact Award, and the City Leadership Award recipients. Nominees for Employee of the Year were: Eric Barton, Daniel Gonzales, Raquel Gonzales, Kristen Hejny, Robert Neal Lawry, Ronnie Loper, Lisa McCracken, JoAnn Narro, Jason Neuendorf, Daniel Tice, and Joelene Tomecek. The Employee of the Year is Eric Barton, Community Development Analyst, Community Services. Of note was his dedication to his work, personal touch he brings to his work, dependability, finding solutions to difficult situations, and developing positive relationships with the community and contractors. Bryan Woods, City Manager, announced the City Impact Award, which is given by the City Manager’s Office to the employee who had a meaningful and long-lasting impact on College Station and the community during the past year. CCM 022224 Minutes Page 2 The recipient of the inaugural City Impact Award was Daniel Tice, Parks and Recreation, who has been recognized by his/her peers and by city leadership for his/her contributions to the city. Mr. Woods announced that the second new award is The City Leadership Award, which is given by the City Manager's Office to a department director or assistant director who demonstrated outstanding leadership over the past year. Recipients are nominated by their peers on the Executive Leadership Team. The recipient of the inaugural City Leadership Award is Jennifer Cain. Director of Capital Protects, his/her leadership skills and guidance produced a direct and immediate impact in his/her department and throughout the community. The Council Meeting recessed at 3:18 p.m. for a reception honoring the Employee of the Year nominees and recognition of the Employee of the Year, the City Impact Award, and the City Leadership Award recipients. 2. Reception. The Council Meeting reconvened at 3:31 p.m. 4. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, §551.074-Personnel, §551.076-Security and, §551.086-Competitive Matters, the College Station City Council convened into Executive Session at 3:31 p.m. on February 22, 2024, to continue discussing matters pertaining to: 4.1. 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. Cit y 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  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  Cynthia Hopkins & Geoffry Hopkins v. City of College Station, Cause No. 23-002880-CV-85 in the 85th District Court, Brazos County Texas.  CBL & Associates Management, Inc. v. City of College Station, Cause No. 23-003159-CV- 85 In The 85th District Court, Brazos County Texas. City of College Station v. POM-College Station, LLC and Wells Fargo Bank, National Association, Cause No. 628-CC, in the County Court at Law No. 1 of Brazos County, Texas.  City of College Station v. Clarke and Wyndham, Inc., Real Alchemy, L.P., Real Alchemy 1, L.P., JPJ Investments, a Texas General Partnership, Cause No. 629-CC, in the County Court at Law No. 1 of Brazos County, Texas. CCM 022224 Minutes Page 3  Legal advice related to Local Government Code Chapter 145 Financial Statements.  Legal advice related to ETJ release petitions under Local Government Code Chapter 42 and an ETJ release petition regarding approximately 99.9 acres of land, generally located along Royder Road.  Legal advice regarding memorandum of understanding with the City of Bryan regarding Brazos Transit District Board Appointments. 4.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit:  Approximately 23.5 acres of land in the College Station Business Center at the intersection of Gateway Boulevard and State Highway 6.  Approximately 4 acres of land generally located in the 15000 block of FM 2154 in College Station. 4.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Manager  Council Self-Evaluation 4.4. 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. 4.5. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133; to wit:  Power Supply 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 6:07 p.m. No action was taken. 6. Pledge of Allegiance, Invocation, consider absence request. 7. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 7.1. Presentation of a proclamation celebrating the 25th Anniversary of the College Station ISD Education Foundation. Mayor Nichols presented a proclamation to Teresa Benden, Executive of the CSISD Education Foundation, Foundation Staff, and committee members recognizing the 25th Anniversary of the College Station ISD Education Foundation. 8. Hear Visitors Comments. Cameron Nicole Gallucci, College Station, came before Council to inform the public that on Saturday, February 24, 2024, the Larry Ringer Library will host a free presentation by the Citizen Climate Lobby. CCM 022224 Minutes Page 4 Dr. Tyler Pharr, College Station, came before Council to encourage the construction of a Disc Golf Course in College Station and the advantages it would offer, including inexpensive construction costs and significant community benefits. 9. 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 9.5, 9.7 and 9.8 were pulled from Consent for clarification. (9.5) Timothy Crabb, Electric Director, stated that because of the current climate in sourcing materials for construction and infrastructure, an “Escalation/De-escalation” clause was included in Electric materials bid documents that allows vendors to increase or decrease prices when m anufacturers experience raw material price fluctuations affecting production costs. (9.7) Emily Fisher, Public Works Director, outlined how the permanent speed limit from Arrington Road to the city limit line, which is located just before Dalton Drive, would be 40 miles per hour (mph) as a result of this law revision. When the road was a rural portion, the speed limit was 55 mph; more recently, it was 30 mph while construction was underway. Once enlarged, the 45-mph speed limit on the county's portion of Greens Prairie will also be reduced to 40 mph. There is no other reason why the speed limit could not be set at 45 mph, although staff had suggested limiting it at 40 mph for the duration of the reconstruction, from Arrington Road to Dalton Drive. (9.8) Mary Ellen Leonard, Finance Director, explained the formal request for sealed quotes that the purchasing staff made in December 2023 in order to create annual price agreements for copy, print, and signage services for the entire city. A committee comprised of members from multiple City departments received, assessed, and tallied three (3) responses. The two highest-ranking bids giving the best value were Copy Stop Print Signs and Graphics and TOPS Printing Inc., dba Alphagraphics BCS, according to the review and scoring process. Both have a track record of successfully supplying the city with goods and services, as well as local storefronts. 9.1. Presentation, discussion, and possible action of minutes for:  February 8, 2024, Council Meeting 9.2. Presentation, discussion, and possible action regarding the second reading of a franchise agreement Ordinance No. 2024-4502 with Container Source Storage & Roll-Off for the collection of recyclables from commercial businesses and multi-family locations. 9.3. Presentation, discussion, and possible action regarding the City Council's Proclamation and Certificate of Recognition Policy Guidelines and adding the same policy to the City Council Relations Policy and Code of Ethics. 9.4. Presentation, discussion, and possible action regarding Ordinance No. 2024-4503 amending Chapter 38 “Traffic and Vehicles,” Article VI “Traffic Schedules,” Section 38 -1015 “Traffic Schedules XV, two-hour Parking 8:00 a.m. - 5:00 p.m. Monday - Friday,” of the Code of Ordinances of the City of College Station, Texas, by amending the section catchline to reflect CCM 022224 Minutes Page 5 the schedule and amending the schedule to indicate if the location is limited to two -hour parking 24/7 or two-hour parking 8:00 a.m. - 5:00 p.m. Monday - Friday. 9.5. Presentation, discussion, and possible action on Change Order #2 with KBS Electrical Distributors, Inc. for an increase of $40,452.12 for three-phase padmount transformers, for a new total not to exceed amount of $535,737.17. 9.6. Presentation, discussion, and possible action on a contract with Schneider Engineering, LLC, dba SEnergy not to exceed $200,000 for power generation resource development consulting services. 9.7. Presentation, discussion, and possible action regarding Ordinance No. 2024-4504 amending Chapter 38, "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1012 "Traffic Schedule XII, Speed Limits," of the Code of Ordinances of the City of College Station, Texas establishing a speed limit of 40 mph on Greens Prairie Road between Arrington Drive and Dalton Drive. 9.8. Presentation, discussion, and possible action regarding annual price agreements for copy, print and signage services with TOPS Printing Inc, dba AlphagraphicsBCS and Copy Stop Print Signs and Graphics not to exceed a combined $175,000. 9.9. Presentation, discussion, and possible action on a professional services contract with Burns & McDonnell for a comprehensive solid waste rate and feasibility study, not to exceed $124,200. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items with the exception on 9.7. The motion carried unanimously. (9.7) MOTION: Upon a motion made by Councilmember Wright and a second by Mayor Nichols, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to approve the Consent Item 9.7 with the change of a speed limit of 40 mph to 45 mph on Greens Prairie Road from east to west between Arrington Drive and Dalton Drive. The motion carried unanimously. 10. WORKSHOP ITEMS 10.1. Presentation, discussion, and possible action regarding an update on Amazon's Prime Air drone delivery service in College Station. Michael Ostrowski, Chief Development Officer, stated that in December 2022, Amazon launched their Prime Air drone delivery program in College Station, one of only two locations nationwide. Matt, Cartel, Amazon presented an update to program operations and offer insight into their plans for 2024. Since that inaugural package, Prime Air has successfully delivered goods to its College Station customers. Amazon Prime Air has continued to invest in its technology infrastruct ure and customer support, including a new partnership with Amazon Pharmacy, announced in October 2023, through which College Station customers would be the first to receive prescriptions via drone. At approximately 7:13 p.m., Mayor Nichols opened for Citizen Comments. CCM 022224 Minutes Page 6 Scott Shafer, College Station, came before Council representing the Texas A&M University and express their support for Amazon. Marian Cothran, College Station, came before Council to voice her concerns about the noise made by the delivery drones. She expressed that the tranquility she sought in moving here has been disturbed and is concerned about the value of her home. Katherine Thomas, College Station, came before Council to state her concerns regarding the Amazon drones and the noise they create. She believes that the rezoning and the subsequent facility disturbed the quality of life in her neighborhood. Jack Culpepper, College Station, stated that his research on real estate pricing shows that prices may be impacted by properties that are perhaps vulnerable to real or perceived dangers. Kathleen Sueoka, College Station, stated that local taxpayers and homeowners do not genuinely want drones in their backyards since all they want is silence. She went on to request that this property and its effects be moved, away from the residents to an industrial location. Ralph T. Moore, College Station, came before Council to bring forward a memo from the Federal Aviation Administration, and his conclusion is that drones should not operate near his neighborhood. Lauren Sims, College Station, stated that she is sharing her feedback as a resident of Emerald Forest citing several concerns: noise level of the drones, frequency of the drones flying over her home, hovering and landing that occurred off of Sandstone/Corsair for several weeks. Brad Marquardt, College Station, came before Council to express his concerns about the Amazon Drones and the noise that he and his neighbors live with every day. Ali DeLuna, College Station, stated that she is a principle at Southwood Valley and their partnership with Amazon Prime Air. She stated that Amazon reached out to her to provide enrichment, supplies, and support for the school. Magie Tran, College Station, stated she is a 4th grade teacher at Southwood Valley, is so thankful for their Amazon partnership, their donations to the school, and to the kids. Patricia Gerling, College Station, came before Council to express her support for Amazon Prime Air and stated their philanthropy have lastly impact to the community and local businesses. Geoffrey M. Howe, College Station, stated that is property backs up to the Amazon’s property and explained that he works nights and sleeps during the day. He stated that his sleep is interrupted by drone flights and is noise pollution. Peter Bastian, College Station, came before Council to express his concerns on the Amazon drones and the noise that the drones create. Monica Williams, College Station, came before Council to express her concern related to the noise create by the drones and when she is outside swinging on her swing set there is annoying buzz from the drones. CCM 022224 Minutes Page 7 Peggi Goss, College Station, with United Way stated her support for Amazon Prime Air and what they are doing for non-profit organizations for our community. Bill Stockton, College Station, stated that the noise from the Amazon drone airport is incompatible with residential land use in proximity. Bob Brick, College Station, came before Council to express his concerns on the noise that the Amazon Drones generate. Kathy Penny, College Station, stated that the peaceful neighborhood she has enjoyed is gone and the wildlife has adorned the area because of the noise created by the drones. Ellen Fuller, College Station, presented a certificate to thank Amazon Prime Air for their assistance with WAA’s mission to Remember our fallen, honor those that served, are serving & their families and teach the value of freedom. There being no further comments, the Citizen Comments was closed at 8:05 p.m. Mayor Nichols recessed the meeting at 8:25 p.m. The meeting resumed at 8:38 p.m. 11. REGULAR ITEMS 11.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024-4505 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 WC Wellborn Commercial to PDD Planned Development District on approximately 2 acres of land being Wellborn Settlement Phase Two, Block 2, Lot 72, generally located along FM 2154. Robin Macias, Planning and Development, stated that this request is to rezone the subject property from WC Wellborn Commercial to PDD Planned Development District with a base zoning of WC Wellborn Commercial. The proposed Concept Plan is split into two phases and shows the general building and parking layout for phase one. At the time of development of phase two, a concept plan amendment will be required. The proposed concept plan will increase the allowable building square footage, but will provide a pedestrian path, modified signage lighting, and increased architectural elements to maintain the rural character of the area. At approximately 8:49 p.m., Mayor Nichols opened for the Public Hearing. There being no further comments, the Public Hearing was closed at 8:49 p.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024- 4505, 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 WC Wellborn Commercial to PDD Planned Development District on approximately 2 acres of land being Wellborn Settlement Phase Two, Block 2, Lot 72, generally located along FM 2154. The motion carried unanimously. CCM 022224 Minutes Page 8 11.2. Presentation, discussion, and possible action regarding a Real Estate Contract with HFLPI-College Station, LLC for the sale of approximately 11.899 acres in the College Station Business Center generally located near the intersection of Gateway Boulevard and Lakeway Drive for the price of $3,369,000. Michael Ostrowski, Chief Development Officer, stated that the comprising a total of 11.899 acres adjacent to the existing FedEx property just south of Gateway Boulevard and west of Lakeway Drive, Lot 3 is a 6.09-acre lot, and Lot 4 is a 5.809-acre lot in Block 6, Phase Two of the College Station Business Center. The real estate contract is for the sale of the property to HFLPI-COLLEGE STATION, LLC for $3,369,000 with proposed uses including warehousing/distribution and office. A real estate contract with this buyer was executed on November 9, 2023, for the neighboring lots (Lots 1 and 2, respectively). However, during the feasibility period, th e buyer determined it was more desirable to acquire Lots 3 and 4 rather than Lots 1 and 2. Therefore, staff recommends approval of this contact and subsequently mutually terminating the initial agreement by the conclusion of its feasibility period. 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 Real Estate Contract with HFLPI-College Station, LLC for the sale of approximately 11.899 acres in the College Station Business Center generally located near the intersection of Gateway Boulevard and Lakeway Drive for the price of $3,369,000. The motion carried unanimously. 11.3. Presentation, discussion, and possible action on memorandum of understanding with the City of Bryan regarding Brazos Transit District Board Appointments. Jason Schubert, Traffic Engineer, stated that the affairs of BTD are managed and administered by a Board of Directors consisting of seven (7) voting Directors. The Board of Directors is responsible for the oversight of BTD and for policymaking for BTD based upon recommendations provided by BTD executive staff. BTD management-level employees are responsible for implementing Board policies and for the day-to-day operations of the organization. The memorandum of understanding outlines the City of College Station and City of Bryan will have one voting member every four years and one ex officio member every four years by an elected official. These two board positions will rotate between the voting and ex officio every four years. College Station will have the first voting board position and Bryan will have the first ex officio position. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve the memorandum of understanding with the City of Bryan regarding Brazos Transit District Board Appointments . The motion carried unanimously. 12. Council Calendar Council reviewed the calendar. 13. 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; CCM 022224 Minutes Page 9 information about a social, ceremonial or community event organized or sponsored by an entit y 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. 14. 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. 15. 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. No future items at this time. 16. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 9:07 p.m. on Thursday, February 22, 2024. ________________________ John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary ________________________