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HomeMy WebLinkAbout03/28/2024 - Regular Minutes - City CouncilCCM 032824 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION MARCH 28, 2024 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith William Wright Linda Harvell Elizabeth Cunha Bob Yancy – via remote 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 March 28, 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, and §551.074- Personnel, and the College Station City Council convened into Executive Session at 4:01 p.m. on March 28, 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  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. CCM 032824 Minutes Page 2  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.  Legal advice regarding enforcement of over four unrelated people.  Legal advice regarding ETJ release petitions. 2.2. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Manager  Council Self-Evaluation 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 6:08 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.3. Presentation proclaiming March 2024 as Developmental Disabilities Awareness Month. Mayor Nichols presented a proclamation to Morgan Foster, Alexandra Venegas, Debra Baladran and the Texas A&M AgriLife Extension Staff recognizing March 2024 as Developmental Disabilities Awareness Month. 5.2. Presentation proclaiming April 7th-13th as National Library Week. Mayor Nichols presented a proclamation to Bea Saba, Library Director and Staff recognizing April 17th through 13th as National Library Week. 5.1. Presentation declaring April 1st through 5th as National Community Development Week. Mayor Nichols presented a proclamation to Debbie Eller and the Community Services Staff recognizing April 1st through 5th as National Community Development Week. 6. Hear Visitors Comments. Sabryna Brown, College Station, came before Council to speak on her concerns regarding community revitalization initiatives in College Station and their impact on her neighbors. 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which c onsist of ministerial, or "housekeeping" items as allowed by law : A Councilmember may request additional information CCM 032824 Minutes Page 3 at this time. Any Councilmember may remove an item from the Consent Agenda for a separate vote. Items 7.3 and 7.4 were pulled from Consent for clarification. (7.3) Councilmember Maloney stated that the purchase of a public utility easement and a temporary construction easement for $113,000 from Snoopaluke Holdings, LLC for the Medical District Trunk Line Project is a good use of the taxpayer’s money and commends the staffs. (7.4) Mary Ellen Leonard, Finance Director, stated that there is no obligation or financial impact to the City. 7.1. Presentation, discussion, and possible action of minutes for:  February 12, 2024 Special Meeting (Retreat)  February 13, 2024 Special Meeting (Retreat)  February 22, 2024 Council Meeting 7.2. Presentation, discussion, and possible action regarding an Interlocal Agreement with the Texas Department of Public Safety for OmniBase Services. 7.3. Presentation, discussion, and possible action on a real estate contract for the purchase of a public utility easement and a temporary construction easement for $113,000 from Snoopaluke Holdings, LLC for the Medical District Trunk Line Project. 7.4. Presentation, discussion, and possible action regarding Resolution No. 03-28-24-7.4 consenting to the Rock Prairie Management District No. 2 for the sale and issuance of unlimited tax road bonds, series 2024, not to exceed $1,600,000. 7.5. Presentation, discussion, possible action on an amendment to the Axon Enterprise, Inc. ("AXON") ten-year master service agreement for cameras, electronic control devices, and digital storage for $314,699.38. 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 local efforts by The Salvation Army to raise funds for their Pathway of Hope Center, a one-stop social services and transitional housing campus to address critical assistance to family issues in Bryan, College Station, and Brazos County. Debbie Eller, Community Services Director, presented Capt. Luis Villeneuva and Bowen Loftin with the Salvation Army. Capt. Luis Villeneuva, Salvation Army, stated that Bowen Loftin would present a presentation and an informational video would follow. CCM 032824 Minutes Page 4 Bowen Loftin, Salvation Army, provided a presentation regarding local efforts by The Salvation Army to raise funds for their Pathway of Hope Center, a one-stop social services and transitional housing campus to address critical assistance to family issues in Bryan, College Station, and Brazos County. 8.2. Presentation, discussion, and possible action, relating to receiving the annual audit reports and Annual Comprehensive Financial Report (ACFR) for the fiscal year ended September 30, 2023. Michael Dehaven, Assistant Director of Finance, stated that the City's Charter and Fiscal and Budgetary Policies along with State law require that not less than thirty (30) days prior to the end of each fiscal year, the City Council shall designate a qualified public accountant or accountants who, as of the end of the fiscal year, shall make an independent audit of accounts and other evidences of financial transactions of the City government and shall submit the report to the City Council. Also, the City's budgetary policies require that the auditor jointly review the management letter/audit results with the City Council within 30 days of receipt by the staff. Mr. Dehaven explained that the key drivers to the increase in Unrestricted Net Position are increased investment income, stronger sales tax, continued strong utility consumption and delayed capital expenditures. FY23 ACFR Highlights Government Wide Summary Ms. Amanda Eaves of Forvis, LLP presented the results of the fiscal year 2023 audit and, along with staff, the 2023 ACFR. The reports provide a summary of the City's financial position as of September 30, 2023.  Timing of Forvis Engagement: Audit procedures occurred primarily between August 2023 and March 2024.  Financial Statement Opinion: Issued and unmodified opinion as to whether the financial statements of the City of College Station, Texas as of and for the year ended September 30, 2023 are fairly presented, in all material respects.  Government Auditing Standards: A report was issued on internal control over financial reporting and on our tests of compliance in accordance with Government Auditing Standards (GAGAS). CCM 032824 Minutes Page 5  Our Uniform Guidance Compliance Opinion: An unmodified opinion was issued, as to whether the City complied with the requirements of the U.S. Office of Management and Budget (OMB) Uniform Guidance for the major federal award program, and our report on internal control over compliance. 8.3. Presentation, discussion, and possible action on the 2024 Update to the City Council Strategic Plan. Ross Brady, Chief of Staff, stated that staff respectfully recommends Council consider the changes to the City Council Strategic Plan stemming from the February Council Retreats, and approve the changes if they reflect the will of the Council. FY24 Strategies Good Governance  Increase transparency and improve the public’s ability to participate in government through efforts such as continuing to offer virtual options for public meetings, providing a centralized calendar for public meetings and events, and allowing citizens to book city facilities from the city’s website.  Work with College Station ISD to form a joint legislative committee.  Explore annexation opportunities. Financial Sustainability  Explore and pursue methods of diversifying the city’s sources of revenue.  Consider alternative infrastructure funding opportunities. Core Services & Infrastructure  Evaluate options for a community recreation center.  Explore opportunities for a conference center or convention center.  Increase and expand programming in our parks system.  Begin planning and design of Southwest Park.  Consider opportunities for Southeast Park and options for expanded baseball fields.  Make infrastructure improvements in aging areas. Neighborhood Integrity  Provide options for affordable, dense housing options in Northgate, Wolf Pen Creek, and other targeted areas to relieve housing pressure in existing neighborhoods. Diverse & Growing Economy  Expand and diversify efforts to attract high-quality, stable jobs.  Find opportunities to connect Century Square with Hensel Park.  Pursue options for redevelopment of Wolf Pen Creek corridor and Post Oak Mall.  Expand Christmas in College Station.  Improve infrastructure, programming, and opportunities in the Northgate area.  Add gateway signage at every major entrance to College Station. Improving Mobility  Expand public transit options and increase multimodal infrastructure.  Work with contractors to ensure multimodal infrastructure is included in project design.  Develop a new, broader relationship with Brazos Transit based on federal direction, including the need for local representation. Sustainable City  Examine ways to utilize co-production for service delivery. CCM 032824 Minutes Page 6 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 accept the 2024 Update to the City Council Strategic Plan. The motion carried unanimously. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024-4506 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 -4 Multi-Family to MF Multi-Family for approximately 28 acres generally located at 800 Marion Pugh Drive. Robin Macias, Planning and Development, stated that this request is to rezone approximately 28 acres of land generally located at 800 Marion Pugh Drive from R-4 Multifamily to MF Multifamily. The subject property is currently developed as an apartment complex. It is the applicant’s intent to add additional dwelling units to the property, some of which would be a Shared Housing use. The current zoning district is a retired district and does not allow for Shared Housing without a HOO High Occupancy Overlay. The MF Multifamily zoning allows Shared Housing by right. Staff recommends approval of the rezoning request as it is in line with the Comprehensive Plan and is compatible with the surrounding area. Staff recommends approval of the rezoning request as it is in line with the Comprehensive Plan and is compatible with the surrounding area. The Planning and Zoning Commission heard this item at their March 7, 2024 meeting and voted unanimously to recommend approval. At approximately 7:20 p.m., Mayor Nichols opened for the Public Hearing. Sabryna Brown, College Station, stated that currently developed as an apartment complex will increase the rent cost for this neighborhood and hurt low-income individuals. There being no further comments, the Public Hearing was closed at 7:22 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Cunha, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024-4506, 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-4 Multi-Family to MF Multi-Family for approximately 28 acres generally located at 800 Marion Pugh Drive. The motion carried unanimously. 9.2. Presentation, discussion, and possible action regarding termination of a Community Development Block Grant Funding Contract with Bryan/College Station Habitat for Humanity. Debbie Eller, Community Services Director, stated that this project has experienced significant delays caused by a change in engineering firms and the global pandemic. Due to the delay in completing the project, the cost for construction has increased significantly. Habitat responded to a Request for Proposal for the development of affordable housing in May 2023 requesting additional funds in the amount of $300,000. $200,000 of the request includes CDBG funds for infrastructure and $100,000 in HOME funds for housing construction. The final plat for the subdivision was approved on November 7, 2023. The approved infrastructure design includes paving, sidewalks, grading, sanitary CCM 032824 Minutes Page 7 sewer, storm sewer and water line improvements to support the development of single-family homes. Habitat released an RFP for infrastructure construction on February 2, 2024. Habitat's award of a construction contract in the amount of $572,153 is pending. Habitat submitted a revised request for funds in March 2024 in the amount of $446,921. City Council can consider three options regarding the Community Development Block Grant Funding Agreement with B/CS Habitat for Humanity contract number 17300511 in the amount of $794,000: 1) Termination of the contract due to the estimated final cost per house of $448,184 and requiring the repayment of $515,691.90 in CDBG funds drawn to date for the project as the expenditure did not result in meeting a national objective and is considered an ineligible use of funds; or 2) Amending the existing contract by the amount requested in May 202 3 of $200,000 for additional infrastructure costs; or 3) Amending the existing contract by the amount requested in March 2024 of $446,921. A contract amendment would include: 1) Reduce the number of homes provided by the Agency from eight (8) to five (5); 2) Increase not to exceed amount from $794,000.00 to Option (2) $994,000.00 or Option (3) 1,240,921; 3) Extend the term of the contract to a completion date of December 31, 2025; 4) Add Buy America Preference (BAP) and Buy America, Build America (BABA) requirements; 5) Add requirements for deed-restricted covenants to ensure permanent affordability. 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 termination of a Community Development Block Grant Funding Contract with Bryan/College Station Habitat for Humanity. The motion carried unanimously. 9.3. Presentation, discussion, and possible action regarding Ordinance No. 2024-4507 amending Chapter 38 "Traffic and Vehicles," Article II "Stopping, Standing and Parking," of the Code of Ordinances of the City of College Station, Texas, by adding Section 38 -49 "Commercial Motor Vehicle and Trailer Parking"; and 2024-4508 Ordinance amending Chapter 38 "Traffic and Vehicles," Article II "Stopping, Standing and Parking," Section 38-45 "Parking Regulations for Certain Described Areas," and repealing Chapter 38 "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38-1016 "No Commercial Motor Vehicle or Trailer Parking," of the Code of Ordinances of the City of College Station, Texas to prohibit commercial motor vehicle and trailer parking within the city limits. Emily Fisher, Public Works Director, stated that during the workshop portion of the November 9, 2023, City Council meeting, City staff presented options for responding to the increase in truck parking throughout the city. The council directed staff to draft an ordinance prohibiting truck parking within the city limits and develop a plan to inform the public of the future prohibition. This item for consideration is two ordinance amendments to Chapter 38, Article II. The first adds section 38 -49, which prohibits commercial vehicle and trailer parking within the city and defines commercial motor vehicles. The second amends section 38-45 by removing sections (b) and (d) and removes section 38- 1016 from Article VI. Staff plans to use the following to notify and educate the public about the amended ordinance: Social media posts and PSA on Channel 19  Blog and website postings  Temporary signs at high traffic locations CCM 032824 Minutes Page 8  Windshield fliers  Dynamic Message Board Notifications  Communication with the trucking community Signage at the city limits is not required. Staff is recommending a period of six months of no enforcement of the ordinance to prepare the truck drivers for the change. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Smith, the City Council voted four (4) for and three (3) opposed, with Mayor Nichols and Councilmembers Harvell and Cunha voting against, to adopt Ordinance No. 2024-4507, amending Chapter 38 "Traffic and Vehicles," Article II "Stopping, Standing and Parking," of the Code of Ordinances of the City of College Station, Texas, by adding Section 38-49 "Commercial Motor Vehicle and Trailer Parking." The motion carried. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Wright, the City Council voted six (6) for and one (1) opposed, with Councilmember Harvell voting against, to adopt Ordinance 2024-4508 amending Chapter 38 "Traffic and Vehicles," Article II "Stopping, Standing and Parking," Section 38-45 "Parking Regulations for Certain Described Areas," and repealing Chapter 38 "Traffic and Vehicles," Article VI "Traffic Schedules," Section 38 -1016 "No Commercial Motor Vehicle or Trailer Parking," of the Code of Ordinances of the City of College Station, Texas to prohibit commercial motor vehicle and trailer parking within the city limits. The motion carried. Mayor Nichols recessed the meeting at 8:00 p.m. The meeting resumed at 8:07 p.m. 9.4. Presentation, discussion, and possible action Resolution No.’s 03-28-24-9.4a, 03-28-24-9.4b and 03-28-24-9.4c regarding extraterritorial jurisdiction (ETJ) release petitions for approximately (1) 5.569 acres of land generally located at Raymond Stotzer and Jones Road, (2) 46.59 acres of land generally located at 2321 and 2327 Arrington Road, and (3) 17.34 acres o f land generally located at Stousland Road and Saddle Creek Drive. 9.4 and 9.5 ETJ Release Petitions presented together. 9.5. Presentation, discussion, and possible action on Resolution No.’s 03-28-24-9.5a, 03-28-24- 9.5b and 03-28-24-9.5c regarding extraterritorial jurisdiction (ETJ) release petitions for (1) approximately 11.667 acres of land generally located at Hopes Creek Road and N. Dowling Road, (2) approximately 10.725 acres of land generally located at Old Arrington and Arrington Road, and (3) approximately 99.844 acres of land generally located along Royder Road between Greens Prairie Road and Frierson Road. Michael Ostrowski, Chief Development Officer, stated that the purpose of the extraterritorial jurisdiction (ETJ) of municipalities is to promote and protect the general health, safety, and welfare of people residing in and adjacent to the city. After review, staff has determined that the removal of these properties from the City's ETJ will have a negative effect on the general health, safety and welfare of people residing in and adjacent to the City. Mainly, the removal would cause negative impacts to the health, safety, and welfare in administering emergency services to these areas, as well as impacting the orderly subdivision and development of land. Staff recommends denial of the ETJ release petitions. CCM 032824 Minutes Page 9 Background  Purpose of ETJ: To promote and protect the general health, safety, and welfare of persons residing in and adjacent to the municipalities.  City’s ETJ boundary extends 5 miles beyond municipal boundary.  Chapter 42 Subchapter D of the Texas Local Government Code allows landowners to petition the City to be release from its ETJ without action by the City’s governing body.  Section 42.023 requires the governing body to provide its written consent to reduce its ETJ. Recommendation  Removal of these properties from the City's ETJ will have a negative effect on the general health, safety and welfare of people residing in and adjacent to the City.  Specifically, there are concerns with administering emergency services to these areas, as well as impacting the orderly subdivision and development of land.  Staff recommends denial of these requests. At approximately 8:41 p.m., Mayor Nichols opened for Citizen Comments. Steve Pittman, College Station, stated that he owns the (Item 9.4) 17.34 acres of land generally located at Stousland Road and Saddle Creek Drive and he was not notified regarding the denial of his petition after he was released. Mr. Pittman stated that this property is being rescinded after being released and not being notified is shady. Travis Martin, College Station, came before Council with is concern regarding this property the was released being rescinded. There being no further comments, the Citizen Comments was closed at 8:41 p.m. (9.4) MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Maloney, the City Council voted five (5) for and two (2) opposed, with Councilmember Yancy and Harvell voting against, to adopt Resolution No.’s 03-28-24-9.4a, 03-28-24-9.4b and 03-28-24-9.4c for the denial regarding extraterritorial jurisdiction (ETJ) release petitions for approximately (1) 5.569 acres of land generally located at Raymond Stotzer and Jones Road, (2) 46.59 acres of land generally located at 2321 and 2327 Arrington Road, and (3) 17.34 acres of land generally located at Stousland Road and Saddle Creek Drive. The motion carried. (9.5) MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Smith, the City Council voted six (6) for and one (1) opposed, with Councilmember Yancy voting against, to adopt Resolution No.’s 03-28-24-9.5a, 03-28-24-9.5b and 03-28-24-9.5c for the denial regarding extraterritorial jurisdiction (ETJ) release petitions for (1) approximately 11.667 acres of land generally located at Hopes Creek Road and N. Dowling Road, (2) approximately 10.725 acres of land generally located at Old Arrington and Arrington Road, and (3) approximately 99.844 acres of land generally located along Royder Road between Greens Prairie Road and Frierson Road. The motion carried. 9.6. Presentation, discussion, and possible action regarding the appointment of Planning & Zoning Commission representatives to the BioCorridor Board. 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 approve the appointments of CCM 032824 Minutes Page 10 Planning & Zoning Commission representatives, Aron Collins and Bobby Mirza to the BioCorridor Board. 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 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 the passing of former College Station Mayor, Ben White and his contributions to the city. Councilmember Maloney recognized a ribbon cutting for the Texas Municipal League and Sister Cities for Foreign Exchange Students. Mayor Nichols recognized the passing of former City of Bryan Mayor, Mark Conlee. Councilmember Cunha recognized Food Truck Wednesdays at Wolf Pen Creek Amphitheater. 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) Mayor Nichols reported on the BVCOG and upcoming change to the dues structure. Councilmember Yancy reported on the Board of Health. 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 Maloney requested a report on a recent ROO application which was denied due to procedural mistakes. In accordance with the Texas Government Code the Council reconvened into Executive Session at CCM 032824 Minutes Page 11 9:25 p.m. on March 28, 2024, to continue discussing matters pertaining to: Consultation with Attorney to seek advice regarding pending or contemplated litigation on:  Legal advice related to an interlocal agreement with the City of Bryan for sewer service. §551.074-Personnel, deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit:  City Manager Executive Session recessed at 10:19 p.m. 14. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 10:20 p.m. on Thursday, March 28, 2024. ________________________ John P. Nichols, Mayor ATTEST: Tanya Smith, City Secretary ________________________