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HomeMy WebLinkAbout06/13/2024 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JUNE 13, 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 Leslie Whitten, Deputy City Attorney John Haislet, Sr. Assistant 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 4:02 p.m. on June 13, 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, §551.072-Real Property and §551.074-Personnel, and the College Station City Council convened into Executive Session at 4:02 p.m. on June 13, 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 061324 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. • Legal advice related to an interlocal agreement with the City of Bryan regarding utilities. • Legal advice related to the sale of land and land dedication by plat and by separate instrument. • Legal advice related to protesting the possible issuance of transport and export permits by the Brazos Valley Groundwater Conservation District and an interlocal agreement supporting the same efforts. 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 4,476 SF located at the 1120 block of Midtown Drive in College Station. • Property generally located in the area of FM 60, Boyett Street, Church Avenue, and College Main Street. 2.3. 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 6:02 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation to recognize three students from College Station that received a College Station Arts Scholarship. Mayor Nichols presented a proclamation and certificate to honor Madison Jackson who received the Netta Jackson Simek Emerging Artist Scholarship, and Kendall McKinney who received the College Arts Scholarship. Also awarded but not present was Abraham Guillen who received the James Young Bradfield Fine Arts Scholarship. 5.2. Presentation proclaiming June 13, 2024 as International Community Association Managers Day. Mayor Nichols presented a proclamation to The Arena Group, Berkshire Hathaway Home Service, Association Services BCS, Beal Properties, and Neighborhood Partners, proclaiming June 13, 2024 as International Community Association Managers Day. CCM 061324 Minutes Page 2 6. Hear Visitors Comments. Bill Stockton, a resident of College Station, appeared before Council to make the case for the FAA to reject Amazon Prime Air's request to expand, stating the company's substantial negative impact on residents. He suggested that 950 potential noise events were too much in the community and Amazon should look for another location. Sherry Frisk, College Station, came before Council to give an update on the completion of the Tomb of the Unknown Soldier Never Forget Garden Veterans Memorial and thanked city staff and Council for their support. Kelly Vernon, College Station, stated that her neighborhood community was affected negatively by the ParkMobile Special Event Paid Parking Pilot Program. She suggests that the event charge an appropriate amount of money in ticket price to cover the costs incurred by the city. Mary Parish, College Station, came before council on behalf of the Sister Cities organization to request five -thousand dollars be added to the coming budget for the organization. She stated that this would be used to conduct outreach and that they are also requesting a matching amount from the City of Bryan. 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 7.2, 7.7, and 7.8 was pulled from Consent for clarification. (7.2) Debbie Eller, Community Services Director, explained that the there was a grammar error in Paragraph B Community Development Block Grant Minor Home Repair Program guidelines. (7.7) Councilmember Maloney made a statement regarding preserving water. (7.8) Anthony Armstrong, Planning and Development Director, explained how the petition was submitted and that 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. 7.1. Presentation, discussion, and possible action of minutes for: • May 23, 2024 Council Meeting 7.2. Presentation, discussion, and possible action regarding a revision to the Community Development Block Grant Minor Home Repair Program guidelines to increase the grant amount available to $20,000. 7.3. Presentation, discussion, and possible action for the purchase of electric inventory items with Techline, Inc., for the Rock Prairie Widening Project, not to exceed $240,056.39. CCM 061324 Minutes Page 3 7.4. Presentation, discussion, and possible action on a three-year contract with Baylor Scott & White Health for employee health clinic operations and _management services, not to exceed $2,174,803.55. 7.5. Presentation, discussion, and possible action on the first reading of a franchise agreement ordinance with Organix Recycling, LLC for the collection of recyclables from commercial businesses and multi -family locations. (Item pulled to a future agenda.) 7.6. Presentation, discussion, and possible action regarding a Semi -Annual Report on System - Wide Impact Fees for Water, Wastewater, and Roadway. 7.7. Presentation, discussion, and possible action on Resolution No. 06-13-24-7.7 delegating and authorizing the Mayor and City Manager to protest and request a contested case hearing regarding the water transport and export permits that are currently pending at the Brazos Valley Groundwater Conservation District and to negotiate and enter into an interlocal agreement for cost sharing and joint representation with other similarly aligned entities. 7.8. Presentation, possible action, and discussion regarding Resolution No 06-13-24.7.8 on an Extraterritorial Jurisdiction (ETJ) release petition for approximately 15.78 acres of land generally located at 11630 SH 30. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda, with a correction to Item 7.2, Section B Second Paragraph of the Community Development Block Grant Minor Home Repair Program guidelines to state the City Manager will authorize the approval of amounts greater than $20,000.00 and with the exception of Item 7.5, which was pulled to a future agenda. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action regarding impact fee waivers. Anthony Armstrong, Planning and Development Director, provided overview on a development agreement with the city, homebuyers assistant program rebate, waiving fees based on target prices, and things to consider regarding impact fee waivers. Water Wastewater Roadway Totals Total Estimated Capital Costs $67.7M Recoverable Costs at Collection Rate (2021 - 2031) $11.8M Tax/rate-payer Burden $55.9M $189.7M $24.2M $165.5M $215.0M $23.7M $191.3M Considerations: • Home price is set by the market. • Remaining Capital Expenditures would be from Utility Rates or Property Taxes CCM 061324 Minutes Page 4 • Who/what would qualify? (Developer, Homebuyer, Homebuilder) • Who benefits/sees the fee reduction? • How long is the reduction effective? • What is the mechanism? • What property classification would qualify? 8.2. Presentation, discussion, and possible action regarding a Capital Projects Update. Jennifer Cain, Capital Projects Director, gave details on Capital Projects update. Greens Prairie — County Section • Update - survey completed, property acquisition process beginning; Schedule - property acquisition anticipated to take 18-24 months. Construction estimated at 18 months. George Bush Separated Bike Lanes • Update - design is complete; Schedule - TxDOT to let July 2024. Krenek Tap Rehabilitation • Update - currently working on 100% plans; Schedule - construction start anticipated Fall 2024 Rock Prairie East Widening (Town Lake to WD Fitch) • Update - 60% design submittal due November 2024; Schedule - anticipating substantial completion early 2028. Lincoln Avenue Rehab • Update - construction will begin June 2024; Schedule - construction completion anticipated early 2026. New Water Wells 10, 11, 12 • Update - this project is currently in design. This project will move forward using Construction Manager at Risk (CMAR), to expedite the schedule; Schedule - project will be complete by September of 2028. McCulloch Utility Rehab • Update - construction start Summer 2024; Schedule - construction start Summer 2024 and complete Winter 2025. Bee Creek and Central Park Tennis Courts Improvements • Update - Final design complete. In permitting phase; Schedule - construction anticipated to start mid -summer 2024. Central Park Operations Shop • Update - final design and permitting complete; Schedule - Construction to start Summer of 2024. Pickleball / Futsal Courts • Update - finalizing plans for permitting approval. Anticipate going out for bid in June 2024; Schedule - anticipate construction starting late summer 2024. Lincoln Center Area Improvements • Update - design is in early stages, to continue through the Fall of 2024; Schedule - construction to start in early Spring 2025. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4522 adopting the standards of care for the City's Parks and Recreation Department's elementary age (5-13) Youth Recreational Program in compliance with the exemptions for childcare licensing according to Texas Human Resources Code Section 42.041(b)(14). CCM 061324 Minutes Page 5 Kelsey Heiden, Parks and Recreation Director, stated that the Texas Human Resource Code, Section 42.041(b)(4), establishes requirements to exempt recreational day camp programs operated by municipalities for elementary age (5-13) children from State childcare licensing. Services provided by the College Station Parks and Recreation Department are recreational in nature, are not child-care facilities and meet all exemptions to this legislation. To receive exempt status from requirements of the Texas Human Resources Code, a municipality must annually submit a copy of the Standards of Care, a notice of a public hearing and a copy of the ordinance adopting the standards. The Standards of Care provide minimum guidelines and include: • Staff ratios • Minimum staff qualifications • Minimum facility, health, and safety standards • Mechanisms for monitoring and enforcing the adopted local standards • Notice to parents that the day camp program is not licensed by the state Awareness for program participants: • Provide notice the program is not licensed by the state • Published on website and program guide • Directly to program participants At approximately 7:57 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:57 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024-4522, adopting the standards of care for the City's Parks and Recreation Department's elementary age (5- 13) Youth Recreational Program in compliance with the exemptions for childcare licensing according to Texas Human Resources Code Section 42.041(b)(14). The motion carried unanimously. 9.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4523 vacating and abandoning a 1,788 square foot portion of a 20-foot-wide public utility easement located over, across and upon Lot 35, Block 4 of the Williams Creek Lake Estates Subdivision Phase 4, College Station, Brazos County, Texas according to the final plat recorded in Volume 17508, Page 181 of the Official Public Records of Brazos County, Texas. Lucas Harper, Planning and Recreation, stated that the public utility easement abandonment is being requested by the applicant as a result of a desire to construct a retaining wall in close proximity to the lot line. The proposed site layout necessitates the wall to transition between elevations of the adjacent lots. The portion of the originally dedicated easement was not utilized by utilities and a 10-feet wide portion connecting the front and rear easements will remain in place if needed for future utility installation. At approximately 8:01 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:01 p.m. 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 adopt Ordinance No. 2024- CCM 061324 Minutes Page 6 4523, vacating and abandoning a 1,788 square foot portion of a 20-foot-wide public utility easement located over, across and upon Lot 35, Block 4 of the Williams Creek Lake Estates Subdivision Phase 4, College Station, Brazos County, Texas according to the final plat recorded in Volume 17508, Page 181 of the Official Public Records of Brazos County, Texas. The motion carried unanimously. 9.3. Presentation, discussion, and possible action on Deductive Change Order No. 10 for a credit in the amount of $802,227 for the Lick Creek WWTP Capacity Expansion construction contract with CSA Construction, Inc. Jennifer Cain, Capital Projects Director, stated that this deductive change order is a credit that reconciles the final quantities of the contract as well as assesses actual damages for additional engineering costs incurred on the project. A budget of $39,908,000 is included in the Wastewater Capital Improvements Projects Fund and a total of $39,423,766 has been expended to date. The proposed deductive change order will reduce the committed amount by $802,227. This will close out the construction contract. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to approve a Deductive Change Order No. 10 for a credit in the amount of $802,227 for the Lick Creek WWTP Capacity Expansion construction contract with CSA Construction, Inc. 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. Mayor Nichols and Councilmember Maloney and Yancy recognized the passing of former Councilmember Larry Mariott and sent their condolences to the family. Councilmember Harvell recognized the youth involved in the Texas 4-H Roundup which occurred in the city last week and Visit College Station for their efforts. Councilmember Maloney recognized Popstroke upon their opening, the success of the Mexico versus Brazil soccer game, Jeremiah Cook with Tourism, Robin Macias and Jesse Dimeolo with Planning and Development for receiving their American Institute of Certified Planners certification, and recognized College Station for being rated one of safest and most affordable cities in the nation. City Manager Bryan Woods recognized Texas A&M University for a well -managed soccer event and preparations for the upcoming George Straight concert. CCM 061324 Minutes Page 7 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 Cunha reported on the International Town and Gown Conference. Councilmember Maloney reported on Sister Cities. 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_p_9licy 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 Yancy requested a future item on FAA regulations as they relate to the Amazon Prime Air drones and actions that might be taken by the city. 14. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 8:24 p.m. on Thursday, June 13, 2024. ., P. Nichols, Mayor ATTE T: Tanya Smi , City Secretary CCM 061324 Minutes Page 8