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HomeMy WebLinkAbout06/27/2024 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JUNE 27, 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 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 pm p.m. on June 27, 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 4:00 p.m. on June 27, 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 062724 Minutes Page 1 • 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 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 6:05 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. Hear Visitors Comments. No one signed up to speak at this time. 6. 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 6.3 and 6.10 was pulled from Consent for clarification. (6.3) Mary Ellen Leonard, Finance Director, explained that the Governor of the State of Texas declared a state of disaster pursuant to Texas Government Code based on severe storms and flooding that began on April 26, 2024 and included heavy rainfall, flash flooding, river flooding, large hail and hazardous wind gusts causing widespread and severe property damage, injury or loss of life or property throughout the State of Texas, including Brazos County, and such declaration is effective to date. Staff will continually evaluate the known and projected impacts of the severe weather event on the FY25 proposed budget as well as the strategic five-year financial plan through FY29. The Proposed FY26 Budget, which would include a recommendation for the tax year 2025 tax rate, will not be prepared and presented to the Council until July 2025. (6.10) Jennifer Cain, Capital Projects Director, explained that this item is for a construction contract for drainage improvements at the Milliff Road and Redmond Drive creek crossings. The work includes removing the existing asphalt pavement, pulverizing the subbase and subgrade, constructing asphalt CCM 062724 Minutes Page 2 pavement with curbs and subgrade, storm sewer inlets, culverts and headwall installations, water and wastewater work. Installing traffic control, SW3P, block -sodding disturbed areas and all other related work required to complete the construction. 6.1. Presentation, discussion, and possible action of minutes for: • June 13, 2024 Council Meeting 6.2. Presentation, discussion, and possible action on Ordinance No. 2024-4524 amending the City of College Station's Texas Municipal Retirement System Benefits Plan calculation. 6.3. Presentation, discussion, and possible action regarding Resolution No. 06-27-24-6.3 directing the Brazos County Tax Office to calculate the FY25 voter -approved rate in the manner provided for a special taxing unit affected by a disaster declaration. The Proposed FY26 Budget will not be prepared and presented to the City Council until July 2025. 6.4. Presentation, discussion, and possible action regarding an agreement between the City of College Station and Cathy Goss for the purchase of real property located at 2700 Wilderness Dr. S for a purchase price of $275,000 with Community Development Block Grant Funds. 6.5. Presentation, discussion, and possible action regarding the Brazos County Interjurisdictional Emergency Management Basic Plan. 6.6. Presentation, discussion, and possible action on a change order in the amount of $50,000 with API National Service Group, Inc. for fire alarm and fire extinguisher inspections, monitoring and repairs. 6.7. Presentation, discussion, and possible action on a change order in the amount of $69,736 to the annual price agreement with Green Teams, Inc. for landscape maintenance and mowing. 6.8. Presentation, discussion, andpossible action on the second and final renewal of the annual price agreement with Green Teams, Inc. for landscape maintenance and mowing, not to exceed $1,255,009.63. 6.9. Presentation, discussion, and possible action on an emergency contract with Larry Young Paving in the amount of $168,008.74 for repairs to South Dowling Road. 6.10. Presentation, discussion, and possible action on a construction contract with Brazos Paving, Inc. in the amount of $1,289,729.59, plus the City's contingency in the amount of $128,972.96 for a total appropriation of $1,418,702.55 drainage improvements at Milliff Road and Redmond Drive. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. 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 the Consent agenda, with the exception of Items 6.3 and 6.5. The motion carried unanimously. (6.3) MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, with Councilmember Cunha and Yancy voting against, the City Council voted five (5) for and two (2) opposed, to approve the Consent Item 6.3 a Resolution No. 06-27-24-6.3 directing the Brazos County Tax Office to calculate the FY25 voter -approved rate in the manner provided for a special CCM 062724 Minutes Page 3 taxing unit affected by a disaster declaration. The Proposed FY26 Budget will not be prepared and presented to the City Council until July 2025. The motion carried. Item 6.5 was pulled from the agenda. 7. WORKSHOP ITEMS 7.1. Presentation, discussion, and possible action regarding Amazon Prime Air and Federal Aviation Administration (FAA) regulations. Bryan Woods, City Manager, stated that this item was requested by the Council to consider composing an official City response to the FAA. The FAA has opened a comment period to gather input regarding Amazon Prime Air and the comment period was extended. At approximately 6:27 p.m., Mayor Nichols opened for Citizen Comments. Kimberly McAdams, stated she is a representative for the Foxfire neighborhood and came before to explain that the Foxfire neighborhood finds issue with the proximity of the Amazon drone site to their residences and the frequency of drone trips over our homes, parks, churches, and recreational areas. The neighborhood is requesting that the council send a letter to the FAA to request the changes be denied and that Amazon move the hub to a larger larger property to create a buffer between any noise sensitive areas. Claudia Smith, College Station, came before Council to express her concerns regarding the Amazon Prime Air and Federal Aviation Administration (FAA) regulation of drone flights in her vicinity. Timothy Gade, College Station, came before Council to give his opinion regarding the recent Amazon request to expand air delivery. He stated that the original re -zoning for "small scale, aerial distribution," has expanded to full commercial scale without assessing impact on neighborhoods and the expansion does not address community concerns related to noise in the area near the facility. Ralph T. Moore, College Station, presented a sound simulation video of a saw that he says is equivalent to the Amazon Drones. Based on this he believes expansion of drone flight operations is a disturbance to the community. Kathy Penny, College Station, came before Council to provide a video of the sound of drones from her home. She believes this noise is in violation of the city's noise ordinance. Peter A. Bastian, College Station, came before Council to express his concerns about the operations of the Amazon drone facility near is home. He would like to see the facility moved to a more appropriate location, away from residential homes. Amina Alikhan, College Station, came to speak on the sound issues of the Amazon Drones and the process for having these operations approved. She believes that regulations were ignored in the implementation of this project and asked the council to work on enforcement of the noise ordinance Bill Stockton, College Station, gave a presentation on the noise levels he believes are incompatible with residential areas. He stated that data supplied to the FAA from Amazon shows every flight exceeds city noise ordinance and asks the Council to encourage the FAA to deny approval until location problem is solved. CCM 062724 Minutes Page 4 Katherine Thomas, College Station, would like the Council to make a statement to the FAA requesting denial of the Amazon initiated request for expansion. Shilah Geishauser, College Station, stated that the noise created by drones is a problem for residents in the community and is she is against the expansion of operations. There being no further comments, Citizen Comments was closed at 6:54 p.m. The Council expressed support for quieter drones and increased delivery range but does not support Amazon Prime Air's application to expand drone delivery until a more appropriate location or sound mitigation is established due to the impact on nearby residents. Additionally, Council directed staff to compose an official City response to the FAA stating the City would not support increased frequency of flights or expanded range of drone flights at this time. 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4525 amending the Comprehensive Plan Future Land Use and Character Map from Urban Residential to General Commercial for approximately three acres, generally located at 116 and 120 Morgan's Lane. Regular Items 8.1 and 8.2 were presented together. 8.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4526 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 GS General Suburban to GC General Commercial and NAP Natural Areas Protected on approximately six acres located in the Morgan Rector League Survey, Abstract 46, generally located at 110, 116, and 120 Morgan's Lane. Jesse Dimeolo, Planning and Development, stated that the applicant is requesting an amendment to the Comprehensive Plan Future Land Use and Character Map from Urban Residential to General Commercial for approximately three acres located east of Morgan's Lane. The subject property and properties immediately adjacent to the north are primarily designated as Urban Residential on the Comprehensive Plan Future Land Use and Character Map, while the properties to the south and west are General Commercial. This Comprehensive Plan Amendment is in preparation for a rezoning of the property to allow for additional commercial options in the area. It is the applicant's intent to develop offices and self -storage on the subject property. Mr. Dimeolo also present the request to rezone approximately six acres of land located on Morgan's Lane, north of Texas Avenue South, from GS General Suburban to GC General Commercial and NAP Natural Areas Protected. This zoning request is in effort to provide more retail sales and services opportunities to the area to serve the growing population of College Station. The Morgan's Lane rezoning is in conjunction with a request to amend the Comprehensive Plan Future Land Use Map from Urban Residential to General Commercial for the subject property which will need to be approved first. CCM 062724 Minutes Page 5 Staff recommends approval of the Comprehensive Plan Future Land Use, the Character Map amendment, and the rezoning request. These items were heard at the June 20th Planning and Zoning Commission meeting and voted unanimously. At approximately 8:03 p.m., Mayor Nichols opened both Public Hearings. There being no further comments, both Public Hearings were closed at 8:04 p.m. (8.1) MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024-4525, as it appears on the dais, amending the Comprehensive Plan Future Land Use and Character Map from Urban Residential to General Commercial for approximately three acres, generally located at 116 and 120 Morgan's Lane. The motion carried unanimously. (8.2) 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- 4526, 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 GS General Suburban to GC General Commercial and NAP Natural Areas Protected on approximately six acres located in the Morgan Rector League Survey, Abstract 46, generally located at 110, 116, and 120 Morgan's Lane. The motion carried unanimously. 8.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4527 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 GS General Suburban and T Townhouse on approximately seven acres located in the Robert Stevenson Survey, A-54, and Needham Estates, Block 1, Lots 1-7, generally located at 2542 and 2522 Barron Road. Jesse Dimeolo, Planning and Development, stated that this request is to rezone approximately seven acres of land located on Barron Road, across from the College Station High School, from R Rural to GS General Suburban and T Townhouse. The tract was originally zoned R Rural upon annexation into the City in 1995. Prior to annexation, the easternmost portion of this property was platted into one block and seven lots of the Needham Estates Subdivision. Public right-of-way was also dedicated for the extension of Jamey Lane from Leyla Lane to Barron Road. The proposed GS portion of the rezoning request is in an effort to continue the same style of single-family development along Crestmont Drive up until the point where Leyla Lane will bend southeast to continue towards Barron Road. The remainder of the tract of land is being proposed as T Townhouse to help utilize a denser single-family product closer to the school and main thoroughfare of Barron Road. Staff recommends approval of the rezoning request. This item was heard at the June 20th Planning and Zoning Commission meeting. At approximately 8:12 p.m., Mayor Nichols opened the Public Hearing. Thomas Bonezek, College Station, came before Council to state his concerns regarding the increase in traffic and people using their subdivision as a cut through. CCM 062724 Minutes Page 6 Lisa Sieber, College Station, stated that there are already traffic issues, now with adding Town Homes traffic will increase even more and people will use this area as a cut through. There being no further comments, the Public Hearing was closed at 8:17 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- 4527, 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 GS General Suburban and T Townhouse on approximately seven acres located in the Robert Stevenson Survey, A-54, and Needham Estates, Block 1, Lots 1-7, generally located at 2542 and 2522 Barron Road. The motion carried unanimously. 8.4. Public Hearing, presentation, discussion, and possible action regarding Resolution No. 06- 27-24-.8.4 to approve a substantial amendment to the 2020-2024 Consolidated Plan to add Homeowner Acquisition Rehabilitation as a 2oal and project. Raney Whitwell, Community Development Analyst, stated that this item will substantially amend the 2020-2024 Consolidated Plan to add Homeowner Acquisition Rehabilitation as a Goal and Project. This will allow Homeowner Acquisition Rehabilitation to be included in the Program Year 2024 (PY24) Annual Action Plan and Community Development budget, which is scheduled to be presented as a Workshop item to City Council on July 11, 2024. Staff considers the implementation of the Homeowner Acquisition Rehabilitation project to be an important tool for neighborhood revitalization. This initiative involves the acquisition and rehabilitation of existing residential properties that are either in substandard or conservable condition. Ms. Whitwell went on to state that following rehabilitation, the properties will be sold to income - eligible households at an amount that is determined to be affordable for the household. Funds received from the sale of each residential property will be utilized for future acquisitions. Deed restrictions will be placed on the property to ensure long-term affordability. If sold in the future, the residential property will be sold to an income -eligible household. Due to the current volatility and scarcity of affordable housing within the local real estate market, the inclusion of the Homeowner Acquisition Rehabilitation project in the Consolidated Plan and Annual Action Plan will facilitate homeownership opportunities for a more diverse spectrum of income brackets, thereby promoting economic diversity and stability in our community. A 30-day public review and comment period was open from May 20, 2024, through June 21, 2024. The amendment was available for review on the City of College Station Community Development Publication web page. Citizens were encouraged to submit comments by mail, email, or by phone. At approximately 8:35 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:35 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 approve Resolution No. 06-27-24-8.4, a substantial amendment to the 2020-2024 Consolidated Plan to add Homeowner Acquisition Rehabilitation as a goal and project. The motion carried unanimously. 8.5. Presentation, discussion, and possible action on a construction contract with Kieschnick General Contractor, Inc, in the amount of $7,777,493 for McCulloch Water and Wastewater CCM 062724 Minutes Page 7 Rehabilitation, plus the City's contingency in the amount of $777,749 for a total appropriation of $8,555,242. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. Jennifer Cain, Capital Projects Director, stated that the rehabilitation of water and wastewater lines in the Southside area, in the vicinity of Arizona Street, Phoenix Street, Carolina Street, and Georgia Street. The wastewater lines need replacement due to an increase in service disruptions caused by shallow, deteriorating lines and poor access to mains located near back lot lines. The water distribution lines need replacement due to an increase in service disruptions caused by deteriorating lines and inadequate fire protection as a result of small line sizes in the system. This project will replace approximately 1,600 linear feet of 12-inch, 440 linear feet of 10-inch, and 12,500 linear feet of 8-inch thru 6-inch sanitary sewer. Manholes and sewer services will also be rehabbed or replaced. This project will also replace approximately 4,500 linear feet of 12-inch and 9,700 linear of 8-inch thru 2-inch water line, include a directional drill along FM 2154. A combined budget of $9,527,000 was included in the Water and Wastewater Capital Improvement Projects Funds, and a combined total of $923,175 has been spent or committed to date, leaving a combined balance of $8,603,825 for this contract and related costs. The Water portion of this project was identified as an eligible use for ARPA funds and construction costs will be covered by these funds. 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 a construction contract with Kieschnick General Contractor, Inc, in the amount of $7,777,493 for McCulloch Water and Wastewater Rehabilitation, plus the City's contingency in the amount of $777,749 for a total appropriation of $8,555,242. Approval of this item grants authority for the City Manager to authorize project expenditures up to the City's contingency amount. The motion carried unanimously. 9. Council Calendar Council reviewed the calendar. 10. 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 Harvell recognized 2024 Travel & Tourism College holding an event in College Station. Councilmember Maloney recognized the representing the Mayor at a naturalization ceremony at the Annenberg Conference Center and the L.E.A.D Program ribbon cutting. City Manager Bryan Woods recognized all the staff, business, and the community who participated in the Mexico vs. Brazil soccer match and the George Straight concernt which set the record for the CCM 062724 Minutes Page 8 largest ticket concert in United States history at 110,905 attendees. 11. 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 Bicycle, Pedestrians and Greenways Advisory Board and recognizing Dennis Jansen for his service. Councilmember Smith reported on BVSWMA. 12. 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 meetinu. Councilmember Harvell requested a future item on architecture building standards and review processes. 13. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 8:59 p.m. on Thursday, June 27, 2024. P. Nichols, Mayor ATTES Tanya Smit ', City Secretary CCM 062724 Minutes Page 9