Loading...
HomeMy WebLinkAbout07/25/2024 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JULY 25, 2024 STATE OF TEXAS COUNTY OF BRAZOS Present: John Nichols, Mayor Council: Mark Smith - absent 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 Ian Whittenton, Deputy City Secretary 1. Ca11 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 4:01 p.m. on July 25, 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 §551.087-Economic Incentive Negotiations, and the College Station City Council convened into Executive Session at 4:01 p.m. on July 25, 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 072524 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. • Legal advice related to a development agreement regarding land generally located at the 2200 block of Arrington Road. 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 anv. Executive Session recessed at 6:01 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Wright, the City Council voted six (6) for and none (0) opposed, to approve an absence request from Councilmember Mark Smith for the July 25, 2024 Council Meeting. The motion carried unanimously. 5. Hear Visitors Comments. Joe Hegwood, East Brazos County, came before council as the president of the Brazos Valley Pickleball Association to state that the community is underserved and request that more pickleball courts be added to the city. 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 6.7, and 6.10 was pulled from Consent for clarification. (6.7) Richard Mann, Fire Chief, explained that the plan describes our emergency response organization and assigns responsibility for various emergency tasks. This plan is intended to provide a framework for more specific functional annexes that describe in more detail who does what, when, and how. It also implores the public to prepare for emergencies as local government agencies cannot meet all needs. (6.10) Kelsey Heiden, Director of Parks and Recreation, explained that the park is designed to meet the needs of local youth with disabilities, able-bodied groups and community guests. All equipment comes with a warranty and afterwards the maintenance is covered by the city. 6.1. Presentation, discussion, and possible action of minutes for: • July 8, 2024 Special Meeting • July 11, 2024 Council Meeting CCM 072524 Minutes Page 2 6.2. Presentation, discussion, and possible action on Ordinance No. 2024-4530 ordering a General Election to be held on November 5, 2024 for the purpose of electing a City Council Member, Place 3, a City Council Member, Place 4, a City Council Member, Place 5, and a City Council Member, Place 6; by the qualified voters of the City of College Station, establishing early voting locations, polling places for this election and making provisions for conducting the election. (Presentacion, posible action v discusion acerca de una Ordenanza 2024-4530 aue ordene Elecciones Generales a celebrarse el 5 de noviembre de 2024 con el proposito de elegir un Miembro del Conseio de la Ciudad, Puesto Numero 3, un Miembro del Conseio de la Ciudad, Puesto Numero 4, un Miembro del Conseio de la Ciudad, Puesto Numero 5, un Miembro del Conseio de la Ciudad, Puesto Numero 6, v para presentarles a los votantes las enmiendas propuestas a los Estatutos de la Ciudad; estableciendo los sitios de votaciones anticipadas v los centros de votaciones Para estas elecciones; v elaborando las provisioner para llevar a cabo las elecciones.) 6.3. Presentation, discussion, and possible action on an interlocal government agreement with Brazos County for the conduct and management of the City of College Station General and Special Election that will be held on Tuesday, November 5, 2024. (Presentacion, discusion, v possible accion un acuerdo interlocal de gobierno con el Condado de Brazos para llevar a cabo v administrar las Elecciones Generales v Especiales de la Ciudad de College Station que se celebraran el martes 5 de noviembre de 2024.) 6.4. Presentation, discussion, and possible action on Ordinance No. 2024-4531 the second reading of a franchise agreement ordinance with Organix Recycling, LLC for the collection of recvclables from commercial businesses and multi -family locations. 6.5. Presentation, discussion, and possible action on the bid award of annual transformer repair and rebuild services and capacitor disposal to Greenville Transformer Company, Inc. for $225,000. 6.6. Presentation, discussion, and possible action on Resolution No. 07-25-24-6.6 authorizing the Chief of Police as the authorized official to execute documents necessary for the release of grant funds from the Homeland Security Division for Bomb Squad X-ray equipment. 6.7. Presentation, discussion, and possible action regarding the Brazos County Interiurisdictional Emergency Management Basic Plan. 6.8. Presentation, discussion, and possible action on the purchase of replacement network switches from The Personal Computer Store, Inc. (Avinext) in the amount of $142,792 for Water and Wastewater (W/WW) infrastructure. 6.9. Presentation, discussion, and possible action regarding an amendment to and renewal of a sponsorship agreement with Land of Lights, Inc., DBA Santa's Wonderland, in the amount of $75,000. 6.10. Presentation, discussion, and possible action regarding a construction contract with The PlayWell Group, Inc. and PlayWorks, Inc. for the purchase and installation of playground equipment for the Fun for All Playground enhancement project in the amount of $252,970.54. 6.11. Presentation, discussion, and possible action regarding approval of Resolution No. 07-25- 24-6.11 accepting $500,000 in Community Development Block Grant Mitigation funding from CCM 072524 Minutes Page 3 the Texas General Land Office and distributed through the Brazos Valley Council of Governments and committing General Funds in the amount of $8,175 and Community Development Block Grant Entitlement in the amount of $54,365 funds. 6.12. Presentation, discussion, and possible action regarding Resolution No. 07-25-24-6.12 authorizing the submission of a Local Parks Grant application to the Texas Parks and Wildlife Department for up to $750,000 in 2rant funds to be matched by the City, designating the City Manager as an authorized official for the submission of the application, and dedicating Texas Independence Park for permanent public park and recreational purposes. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Yancy, the City Council voted six (6) for and none (0) opposed, to approve the Consent agenda. The motion carried unanimously. 7. WORKSHOP ITEMS 7.1. Presentation, discussion, and possible action regarding the Fiscal Year 2025 BVSWMA, Inc. budget. Pete Caler, Assistant Director of Public Works, stated that this is the annual presentation of the Brazos Valley Solid Waste Management Agency budget and introduced Bryan Griesback, director of the agency. Bryan Griesbach, BVSWMA Executive Director, stated that the BVSWMA, Inc. proposed budget was considered and approved by BVSWMA, Inc. Board of Directors on June 18, 2024. According to the BVSWMA, Inc., By -Laws, and Operating Agreement, the BVSWMA budget will be presented to the College Station and Bryan City Councils for consideration after being approved by the BVSWMA Board. The City of Bryan considered and approved this item on July 9, 2024. The FY2024 BVSWMA, Inc. Budget Total Revenue is $ 13,342,800. The Total Expenses are $ 9,360,259 and Capital Expenses are $5,462,000. The budget also reduces the gate rate for both cities from $9.00 to $0.00 per ton. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Wright, the City Council voted six (6) for and none (0) opposed, to approve the Fiscal Year 2025 BVSWMA, Inc. budget. The motion carried unanimously. 7.2. Presentation, discussion, and possible action on Parks and Recreation Cost Recovery Policy and User Fees. Kelsey Heiden, Parks and Recreation Director, provide City Council with an update on the Parks and Recreation Cost Recovery Continuum, including the updated cost model, bench -mark data and information on current residential price differentiation. A list of Parks and Recreation User Fees, which is not an approved document, but a tool intended for discussion. The document shows existing fees and an increase model to show what a non-resident rate would be at 30%, 50%, and 100%. A majority of Council directed staff to bring back a differential pricing plan with a program increase of 25% for non-residents and implementing differential pricing with respect to aquatic programs and passes. 8. REGULAR ITEMS CCM 072524 Minutes Page 4 8.1. Public Hearing, presentation, discussion, and possible action on the City of College Station FY2024-2025 Proposed Budget. Mary Ellen Leonard, Finance Director, presented the Operations and Maintenance that are proposed at $366,160,031 and the Capital portion is proposed at $174,351,642 for a total proposed budget of $540,511,673. The FY25 Budget, FY25 Tax Rate and FY25 Fee Ordinance is scheduled to be adopted in Council Chambers on Thursday, August 22nd. At approximately 7:37 p.m., Mayor Nichols opened the Public Hearing. Craig Regan, College Station, came before council to thank them and staff for the budget that has been put together for consideration. He encouraged the council to stay positive and continue to work to address difficult issues. In addition, he encouraged considering parks fees as 3-year average and moving the fees based on attendance. Kelyn Wardlaw, Bryan, came before council as the director of Unlimited Potential (UP) to request that $97,500 be granted to the organization for operational costs. There being no further comments, the Public Hearing was closed at 7:47 p.m. 8.2. Presentation, discussion, and possible action on Ordinance No. 2024-4532 authorizing the issuance of general obligation bonds; delegating the authority to certain city officials to execute certain documents relating to the sale of the bonds; approving and authorizing an official statement and instruments and procedures relating to said bonds; and enacting other provisions relating to the subiect. Michael Dehaven, Assistant Finance Director, stated that on November 8th, 2022, the citizens of College Station approved three propositions authorizing General Obligation Bond authority. Proposition (A): New fire station and acquisition of fire trucks and public safety equipment, and the acquisition of land and interest in land for such projects. Proposition (B): Rock Prairie Road East corridor from Town Lake Drive to William D Fitch Parkway. Proposition (D): Demolition and reconstruction of restrooms, concession and storage space for the Bachmann Little League Building and Senior League/Soccer Building; pickleball and futsal courts at Anderson Park including lighting, parking and restrooms; demolition and reconstruction of the Central Park Operations Shop facility; pavilions, lighting, shade areas, irrigation, sidewalks, pathways, playgrounds/recreational areas, historical markers and signage at Mabel Clare Thomas Park; tennis courts, lighting and fencing at Bee Creek and Central Parks; restrooms, sidewalks and pathways at Lincoln Center/W.A. Tarrow Park. Mr. Dehaven explained that the ordinance authorizes the issuance of up to $30,300,000 in GO Bonds with not more than $13,200,000 in principle being issued for the voted projects and not more than $17,100,000 in principle being issued for refunding the City's 2014 COs. The parameters that must be satisfied are: (i) the true interest cost of the Bonds issued for new money projects shall not exceed 4.500% per annum and the true interest cost of the Bonds issued for the refunding shall not exceed 3.650% per annum; (ii) the refunding must produce net present value debt service savings of at least 5.500%; (iii) the final maturity of the Bonds shall not exceed February 15, 2044 and (iv) the pricing must occur within one year. Jeff Gulbas, McCall, Parkhurst & Horton LLP, and Marti Shew, with Hilltop Securities Inc. were also present to answer questions. CCM 072524 Minutes Page 5 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Wright, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2024-4532, authorizing the issuance of general obligation bonds; delegating the authority to certain city officials to execute certain documents relating to the sale of the bonds; approving and authorizing an official statement and instruments and procedures relating to said bonds; and enacting other provisions relating to the subject The motion carried unanimously. 8.3. Presentation, discussion, and possible action on Ordinance No. 2024-4533 authorizing the issuance of certificates of obligation; delegating the authority to certain city officials to execute certain documents relating to the sale of the certificates; approving and authorizing an official statement and instruments and procedures relating to said certificates; and enacting other provisions relating to the subject. Michael Dehaven, Assistant Finance Director, stated that the City Council is authorized to approve the issuance of Certificates of Obligation (CO's) after approving a resolution directing notice to be published of the intent to issue the CO's. On May 23, 2024, Council approved a resolution directing staff to publish the City's notice of intent to issue the COs, as required by law. On May 30th and June 6th such notices were duly published. It is at the recommendation of the City's Financial Advisor, Ms. Marti Shew with Hilltop Securities, Inc., that the City issue Certificates of Obligation for utility projects rather than Utility Revenue Bonds. The ordinance authorizes the issuance of up to $43,300,000 for: (i) streets and roads including related drainage, landscaping, signalization, lighting, pedestrian improvements and signage related thereto; (ii) fiber optic transmission materials; (iii) parks and recreational facilities (except those submitted to voters in Propositions C and E in the November 8, 2022 election); (iv) administrative office and deparliiiental space for governmental functions of the city including the public works department, utility department, municipal court, fire department, and cemetery department; (v) improvements and extensions to the City's combined waterworks, sewer and electric systems including distribution, transmission, system lines, lift stations, pumps, outfall, storage tanks, metering, wells, plant improvements, and acquisition of interests in land for such purposes; and (vi) the payment of fiscal, engineering and legal fees incurred in connection therewith. The parameters that must be satisfied are: (i) the aggregate principal amount of the Certificates shall not exceed $43,300,000; (ii) the true interest cost of the Certificates shall not exceed 4.500% per annum; (iii) the final maturity of the Certificates shall not exceed February 15, 2044, and (iv) the pricing must occur within 90 days. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Wright, the City Council voted six (5) for and one (1) opposed, with Councilmember Cunha voting against, to adopt Ordinance No. 2024-4533, authorizing the issuance of certificates of obligation; delegating the authority to certain city officials to execute certain documents relating to the sale of the certificates; approving and authorizing an official statement and instruments and procedures relating to said certificates; and enacting other provisions relating to the subject. The motion carried. 8.4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4534 amending Appendix A, "Unified Development Ordinance," Article 8, "Subdivision Design and Improvements", Section 8-9, "Certifications" of the Code of Ordinances of the City of College Station. CCM 072524 Minutes Page 6 Anthony Armstrong, Planning and Development Director, stated that this during the processing of a recent right-of-way abandonment application, City staff identified rights -of -way have been acquired by the City —in fee simple instead of by easement since 2011. The dedication of rights -of -way by fee simple to the City means that the right-of-way becomes property the City then owns outright, versus having a right-of-way easement over the land that gives the City the right to use the property for the described purpose(s). Owning right-of-way in fee simple means that abandonment of these areas requires the City to participate in a land transaction in order to transfer ownership of the property, versus processing a standard right-of-way abandonment application and hosting a public hearing in which the City's easement can be relinquished. Of note, owning right-of-way in fee simple is not a common practice in other Cities. At approximately 8:52 p.m., Mayor Nichols opened both Public Hearings. There being no further comments, both Public Hearings were closed at 8:52 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2024-4534, amending Appendix A, "Unified Development Ordinance," Article 8, "Subdivision Design and Improvements", Section 8-9, "Certifications" of the Code of Ordinances of the City of College Station. 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 Cunha recognized the USATF National Junior Olympics Track & Field Championship being hosted in College Station. 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 Yancy reported on the Brazos County Health District Meeting. 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 CCM 072524 Minutes Page 7 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 Wright requested information from the City Manager on the cost of library drop boxes being placed around the city. 13. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 9:00 p.m. on Thursday, July 25, 2024. JohrYP. Nichols, Mayor Tanya Smith, City Secretary CCM 072524 Minutes Page 8