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Home My WebLink About05/23/2024 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION MAY 23, 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 Jennifer Prochazka, Assistant 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 May 23, 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, and §551.086-Competitive Matters, and the College Station City Council convened into Executive Session at 4:01 p.m. on May 23, 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 CCM 052324 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. • 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. 2.2. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • City Attorney • City Manager • Council Self -Evaluation 2.3. 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 6:23 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation of a proclamation recognizing the George & Barbara Bush Foundation's 41 at 100 Celebration honoring the 100th anniversary of President George H.W. Bush's birth. Mayor Nichols presented a proclamation to Dr. Robert Holtzweiss, Deputy Director for the Bush Library & Museum, recognizing the 100th Anniversary of President George H.W. Bush's birth. 5.2. Presentation proclaiming the week of May 19 - May 25, 2024, as National Public Works Week. Mayor Nichols presented a proclamation to Public Works Department, proclaiming May 19-25, 2024 as National Public Works Week. 5.3. Presentation proclaiming May 2024 as National Tennis Month. Mayor Nichols presented a proclamation to Brandon Carlson, President of the Brazos Tennis Association, recognizing May 2024 as National Tennis Month. 5.4. Presentation of a proclamation celebrating the 50th Anniversary of the Dixie Chicken. Mayor Nichols presented a proclamation to Cortney Phillips and Business Owners recognizing the 50th Anniversary of the Dixie Chicken. CCM 052324 Minutes Page 2 6. Hear Visitors Comments. No one signed up to speak at this time. 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. Item 7.4 and was pulled from Consent for clarification. (7.4) Emily Fisher, Public Works Director explained that the cost estimate for a stop sign to be installed is $150. 7.1. Presentation, discussion, and possible action of minutes for: • May 13, 2024 Council Meeting 7.2. Presentation, discussion, and possible action on a contract for electric overhead distribution construction with Echo Powerline, LLC, not -to -exceed $380,177.68. 7.3. Presentation, discussion, and possible action regarding Ordinance No. 2024-4516 amending Chapter 38, Traffic and Vehicles, Article IV, Traffic Schedules, Section 38-1002, Traffic Schedule II, four-way stop intersections by adding the intersection of Church Avenue and Stasney Street. 7.4. Presentation, discussion, and possible action regarding Ordinance No. 2024-4517 amending Chapter 38, Traffic and Vehicles, Article IV, Traffic Schedules, Section 38-1002, Traffic Schedule II, four-way stop intersections by adding the intersection of Church Avenue and First Street. 7.5. Presentation, discussion, and possible action on approving annual polymer purchases from SNF Water Science Polydyne, Inc., not to exceed $288,144. 7.6. Presentation, discussion, and possible action on contracts for the purchase of single phase and three phase transformers for Electric warehouse inventory with: (1) Texas Electric Cooperatives for $243,626.25; (2) KBS Electrical Distributors for $747,262; and (3) Techlines Inc. for $354,923. Total expenditures not -to -exceed $1,345,811.25. 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 agenda. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action regarding an update on economic development and tourism strategies, activities, and events. CCM 052324 Minutes Page 3 Michael Ostrowski, Chief Development Officer, stated that the leading efforts are to promote a diversified economy generating quality, stable, full-time jobs; bolstering the sales and property tax base; and increasing Hotel Occupancy Tax in College Station. • Execute a comprehensive and proactive economic development program for new primary job growth. • Support retail development and redevelopment opportunities. • Support and stimulate local tourism through sports tournaments, conventions, and event attractions. • Sustain and enhance a high quality of life. Areas of Focus • Building & Strengthening Partnerships • Identification of Target Industry Sectors • Business Retention & Expansion • Entrepreneurship & Innovation • Redevelopment & Fiscal Sustainability • Marketing & Promotion • Quality of Life Initiatives Brian Piscacek, Assistant Director Economic Development, presented an overview of strategic priorities, 2023 highlights, and a look forward regarding new initiatives and planning efforts. He also explained the industry recruitment and engagement, and quality of life initiatives. Strategic Real Estate City -owned properties recently sold: 1. College Station Business Center — Caprock Development (2023) • 5-acre office development for $1,450,000 2. College Station Business Center — Hunton (2024) • 11.899-acre warehousing/distribution development for $3,369,000 City -owned properties under contract: 3. College Station Business Center — FERA Diagnostics & Biologicals • 11.642-acre HQ and manufacturing facility development for $3,300,000 City -owned properties available: 4. Midtown Business Park Subdistrict A 28 acres • Listing contract approved 5/13/24 5. Midtown Business Park Subdistricts B-E Retail Recruitment Strategy consultant The Retail Coach helps with new development and backfill/infill strategies. Target prospects and engagements include retail entertainment, destination/specialty retailer, and restaurants not presently in Brazos county as well as business retention and expansion activities. Jeremiah Cook, Tourism Manager, presented an overview of marketing and promotion of College Station through the integrated Grow, Visit, Compete, and Meet College Station brands. Tourism Indicators • FY23 — Hotel occupancy increased 2% • FY23 - Hotel Occupancy Tax (HOT) revenue increased 13.7% CCM 052324 Minutes Page 4 • 2023 - $169.4 million in industry earnings • 2023 - $433.1 million in direct travel spend • 2nd in Top 10 Growing Summer Destinations — Tripadvisor • 1st in statewide percent growth in leisure and hospitality jobs 8.2. Presentation, discussion, and possible action regarding a crosswalk on Midtown Drive near Carroll Fancher Way. Emily Fisher, Public Works Director, gave details about the present situation, a potential crosswalk on Midtown Drive, and the available options near Carroll Fancher Way given the driving sight distance. Challenges • Sight distance • Downhill, lower volume can lead to higher vehicle speeds • Risk with at -grade and mid -block crossings higher than separated crossings Options • Continue utilizing trail underpass. • High visibility pedestrian crossing with median refuge at -grade near the intersection of Midtown Drive and Carroll Fancher Way. ✓ Estimated cost $70,000 • High visibility pedestrian crossing at -grade with median refuge and rectangular rapid flashing beacons (RRFB) near the trail access points. V Estimated cost $120,000 Option — Crossing at Carroll Fancher • High visibility crossing with median refuge. • Can be built to accommodate RRFBs in the future with higher traffic demand MOTION: Upon a motion made by Mayor Nichols and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to approve a standard crosswalk with standard signs located in the most visible area near Carrol Fancher Way. The motion carried unanimously. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2024-4518 for Budget Amendment No. 2 amending Ordinance No. 2023-4457 amending the budget for the 2023-2024 Fiscal Year in the amount of $361,631. Mary Ellen Leonard, Finance Director, stated that the proposed budget amendment is to increase the FY24 budget appropriations by $361,631 because of an increase needed to replace totaled police cars and expend funds related to the police Victim Liaison grant and Fun for All Playground. The city has resources or can reasonably expect resources to cover the appropriations in this budget amendment. The summary has the complete description of the items included on the proposed budget amendment. If approved, the net revised 2023-2024 budget appropriations will be $505,984,947. • Police Department Victim Liaison Grant (OOG) $37,000 - (General Fund Budget Amendment) • Replace totaled Police Cars- $140,000 (General Fund Budget Amendment) CCM 052324 Minutes Page 5 • Fun For All Plaza Design Cost - $75,000 (Fun for All Fund Budget Amendment) • 1207 Texas Acoustic Tiles- $109,631 (HOT Fund Budget Amendment) At approximately 8:31 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:31 p.m. 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 adopt Ordinance No. 2024-4518, amending Ordinance No. 2023-4457 amending the budget for the 2023-2024 Fiscal Year in the amount of $361,631. The motion carried unanimously. 9.2. Presentation, discussion, and possible action on Resolution No. 05-23-24-9.2 directing publication of notice of intention to issue Certificates of Obligation, Series 2024; and providing an effective date. Michael DeHaven, Assistant Finance Director, stated that in November 2022, the citizens of College Station approved 3 of the 5 bond authorization propositions totaling $56,000,000. Citizen authorization is used for the issuance of general obligation bonds or GO debt. In connection with the issuance of the FY24, general bond obligation, the City of College Station typically issues Certificates of Obligation (CO) debt to fund various capital projects identified and approved as a part of the annual budget. The utility systems will cover their associated portion of debt service for capital utility projects through utility revenues. In addition to the GO Obligations, Certificates of Obligation are used to fund street, parks, and technology projects as well as to pay debt issuance costs. This notice resolution provides that the maximum amount of Certificates of Obligation indebtedness that may be authorized to be sold is $43,300,000, with $16,500,000 related to utility projects and $26,800,000 related to general government projects. 2022 General Government Obligations to be issued in addition to the COs total $13,200,000. At the July 25th meeting, the City Council will consider the approval of sale parameters ordinance for the Certificates of Obligation Bonds, and the General Obligation Bonds depending upon market conditions. A sale parameters ordinance appoints a Paying Agent/Registrar, appoints Underwriters, adopts Bond Ordinances, and authorizes the preparation of the Official Statements for the Certificates of Obligations and General Obligation Bonds. If the City is not prepared to issue the Certificates of Obligation and General Obligation Bonds at the July 25th meeting, the City Council may postpone adoption of the ordinance for up to ninety days from July 25th. 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, to approve Resolution No. 05-23-24-9.2, directing publication of notice of intention to issue Certificates of Obligation, Series 2024; and providing an effective date. The motion carried unanimously. 9.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4519 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 SC Suburban Commercial for approximately 2.017 acres, being Lot 11R of the Century Hill Development generally located at 3109 Corsair Dr. CCM 052324 Minutes Page 6 Gabriel Schrum, Planning and Development, stated that this request is to rezone approximately 2.017 acres of land from M-1 Light Industrial to SC Suburban Commercial. The subject lot is currently undeveloped/vacant, and it is the applicant's intent to develop a medical clinic. Nearby properties include undeveloped and developed light industrial lots, an assisted living facility, a pool supply store, and a medical clinic. The uses allowed by the proposed zoning district are generally marketable for the area. The applicant has indicated that even though the property is marketable for some industrial uses, the lack of outdoor storage and yard space makes it less desirable. Staff recommends approval of the rezoning request as it is in line with the Comprehensive Plan and is compatible with the surrounding area. At approximately 8:43 p.m., Mayor Nichols opened for the Public Hearing. There being no further comments, the Public Hearing was closed at 8:43 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024- 4519, 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 SC Suburban Commercial for approximately 2.017 acres, being Lot 11R of the Century Hill Development generally located at 3109 Corsair Dr. The motion carried unanimously. 9.4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4520 amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. Regular Items 9.4 and 9.5 were presented together. 9.5 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024-4521 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 R Rural to PDD Planned Development District on approximately 3.25 acres being in the Sterrett D. Smith League, Abstract 210 and a portion of Lot 3, Block 13, Nantucket Phase 2, generally located west of the intersection of Nantucket Drive and State Highway 6 South. Robin Macias, Planning and Development, stated that the applicant is requesting an amendment to the Comprehensive Plan Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. This Comprehensive Plan Amendment is in conjunction with a rezoning request of PDD Planned Development District. It is the applicant's intent to develop the property as office and medical uses. Mrs. Macias also stated that the request to rezone the subject property from R Rural to PDD Planned Development District with a base zoning of 0 (Office) and NAP (Natural Areas Protected). The proposed Concept Plan shows the general building and parking layout of the site as well as open space and a walking trail. The proposed concept plan will remove a portion of the buffer at the northwest CCM 052324 Minutes Page 7 corner of the lot between the subject property and the adjacent property that is zoned R Rural and remove the requirement for a fence along the buffer, but will remove more intense uses, modify signage requirements and lighting to the standards of the SC Suburban Commercial zoning district, restrict parking lot lighting, increase architectural standards, restrict business hours, and provide for a recreational trail. The Planning and Zoning Commission heard both items at the May 2, 2024 meeting and unanimously recommended approval. Staff recommends approval of the Comprehensive Plan Future Land Use & Character Map amendment and the rezoning and associated Concept Plan as it is in line with the proposed amendment to the Comprehensive Plan, is compatible with the surrounding area, and the community benefits provided will offset the change in use of the property. Modifications 1. Remove the requirement for a fence along the buffer area without double plantings. 2. Remove a 50 ft portion of the buffer area. Community Benefits 1. Remove more intense permitted uses • Educational Facility, indoor instruction, and vocational/trade • Animal care facilities, indoor • Day care, commercial • Personal service shop • Printing/copy shop • Dry cleaners and Laundry • Sexually Oriented Business • Wireless Telecommunication Facilities 2. Follow SC Suburban Commercial standards for NRA and parking lot lighting 3. Hours of operation for businesses will end at 7:00 p.m. and parking lot lighting will be off during the hours of 8:00 p.m. to 6:00 a.m. 4. Construct a recreational trail 5. No freestanding signs permitted 6. No internally illuminated cabinet signage is allowed. Signage may only be externally illuminated. At approximately 8:55 p.m., Mayor Nichols opened for the Public Hearing. There being no further comments, the Public Hearing was closed at 8:55 p.m. (9.4) 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. 2024- 4520, amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. The motion carried unanimously. (9.5) 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. 2024- 4521, amending the Comprehensive Plan - Future Land Use & Character Map from Suburban Residential and Natural and Open Areas to Neighborhood Commercial and Natural and Open Areas CCM 052324 Minutes Page 8 for approximately 3.25 acres, generally located west of the intersection of Nantucket Drive and State Highway 6 South. The motion carried unanimously. 9.6. 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. Item pulled from the agenda. 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 Never Forget Garden event at Veterans Park. 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 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 Staffs 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. 14. Adjournment. There being no further business, Mayor Nichols adjourned the eeting of the City Council at 9:03 n P. p.m. on Thursday, May 23, 2024. Ni chols, ichols, Mayor CCM 052324 Minutes Page 9 ATTES Tanya Smit , City Secretary CCM 052324 Minutes Page 10