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HomeMy WebLinkAbout09/26/2024 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION SEPTEMBER 26, 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 p.m. on September 26, 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 §551.072- Real Estate, §551.074-Personnel, and the College Station City Council convened into Executive Session at 4:00 p.m. on September 26, 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 • The City of College Station v. The Public Utility Commission of Texas, Cause No. D- l -GN- 24-005680 in the 200th District Court, Travis County, Texas; 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 092624 Minutes Page 1 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit: • Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. • Approximately 1.5 acres of land located 301 Patricia Street and review of the sealed bids submitted under bid number 24-073. • Approximately 8 acres of land located at 1508 Harvey Road. 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer; to wit: • City Attorney • City Manager • City Judge • City Secretary • City Auditor • 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 6:24 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation proclaiming September 30th through October 6th, 2024, as Week Without Driving. Mayor Nichols presented a proclamation to declaring the week of September 30th through October 6th, 2024, as a Week Without Driving. 6. Hear Visitors Comments. Neo Jong, College Station, came before Council to discussion his bicycle commute and present a few examples of the benefits to not driving. He explained how his commute allows him to interact with other pedestrians in ways that automobile drivers are isolated from, but also allows him to interact with automobile riders as well as there are fewer barriers to communication such as passenger compartments in automobiles. Fred Dupriest, College Station, came before council representing a group of citizens to state that they believe the purpose of enforcement of the 4-unrelated is to limit further economic displacement of workforce families; maintain affordable and appropriate neighborhoods for families with children; stop College Station's precipitous loss of homeownership; eliminate unfair market advantage of illegal rental investors in purchasing homes; stop unfair taxation of adjacent properties based on valuations created by illegal operations; and maintain market incentives for investors to create affordable, higher - density housing for students. Mr. Dupriest provide Council with the following recommendations: 1. Implement the requirement for an occupancy Disclosure Statement. CCM 092624 Minutes Page 2 2. Provide public discussion of the intent of enforcement with the idea that achieving convictions might discourage violation. 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, 7.5, and 7.8 was pulled from Consent for clarification. (7.2) Michael Dehaven, Finance Assistant Director, explained provided an overview of the policies of the maturity investment fund, the proposed depository banks for the City and the modifications to the policy and strategy. Majority of Council will pull this item to vote separately to amend the proposed ordinance of modifications to the policy and strategy. (7.5) Richard Mann, Fire Chief, explained that the process of the application submitted for the Federal Fiscal Year (FY) 2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant funding opportunity has been approved in the amount of $3,874,618.44 in Federal funding. (7.8) Timothy Crabb, Director of Electric Utility, explained that due to site location and infrastructure connectivity issues, this project cannot move forward at this time, which is why staff recommends the rejection of this RFP. 7.1. Presentation, discussion, and possible action of minutes for: • September 12, 2024 Council Meeting 7.2. Presentation, discussion, and possible action on Resolution No. 09-26-24-7.2 regarding the City's investment policy, reviewing and recording changes to the policy and strategy, and on a collateral policy, and designating investment officers for the fiscal year ending September 30, 2025, stating that the City Council has reviewed and approved the City's investment policy, broker -dealer list and investment strategy. 7.3. Presentation, discussion, and possible action on Change Order No. 2 for the design contract with Kimley-Horn and Associates, Inc. for the Jones Butler Extension and Roundabout Project in the amount of $110,000. 7.4. Presentation, discussion, and possible action on a contract for electric underground distribution directional bore projects, to Sterling Global Industries, LLC for an amount not to exceed $397,798.44. 7.5. Presentation, discussion, and possible action regarding Resolution No. 09-26-24-7.5 to accept the Federal FY-2023 Staffing for Adequate Fire and Emergency Response (SAFER) Grant in the amount of $3,874,618.44. 7.6. Presentation, discussion, and possible action on a deductive change order with Mitchell & Morgan, LLP for a credit of $276,215.48 for the design contract for the Corporate Parkway Extension Design Project. CCM 092624 Minutes Page 3 7.7. Presentation, discussion, and possible action on the approval of a deductive change order with Weisinger, Inc., providing a credit of $628,889 to the construction contract for the Water Well No. 5 and Carrizo Well Rehabilitation projects. 7.8. Presentation, discussion, and possible action on the rejection of proposals received and cancelation of an RFP for a natural gas electric generation facility. 7.9. Presentation, discussion, and possible action on the rejection of bids received and cancelation of Bid #24-072 for the purchase of concrete pull boxes for Electric warehouse inventory. 7.10. Presentation, discussion, and possible action on the rejection and cancelation of BID #24- 062 for substation maintenance because no bids were received. 7.11. Presentation, discussion, and possible action regarding a resolution amending the real estate contract with Fera Diagnostics and Biologicals Corporation for the sale of approximately 12 acres of land in the College Station Business Center at the intersection of Gateway Boulevard and State Highway 6 and amendment to the restrictive covenants of the College Station Business Center to reflect the release of the shared cross access easement. 7.12. Presentation, discussion, and possible action on contracts for the City's purchase of single and three-phase transformers for Electric warehouse inventory with a total expenditure of $482,081.50, awarded to Texas Electric Cooperatives, KBS Electrical Distributors, and Techline, Inc. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda, with the exception of item 7.2. The motion carried unanimously. (7.2) MOTION: Upon a motion made by Councilmember Cunha and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Item 7.2 with the change of adding to Page 4 of the proposed ordinance "Retirement Obligation Funding." The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action regarding the 2023 Incentive Compliance Report by the Brazos Valley Economic Development Corporation. Michael Camden, Ryan LLC, presented on the annual project compliance report for 2023, which were five (5) projects under agreement that were monitored for performance compliance by the Brazos Valley Economic Development Corporation on behalf of itself, Brazos County, the City of Bryan, and the City of College Station. The 2023 report highlights companies across multiple targeted industries with properties valued over $353M and providing more than 856 quality jobs with local payrolls in excess of $90M. Overview & Executive Summary CCM 092624 Minutes Page 4 Name Compliance Status Metric Outstanding Amount Owed / Not Paid Fuji Film (2014) In Compliance N/A $201,000 Cash Incentive - Brazos County $57,600 Cash Incentive - City of Bryan $153,000 Cash Incentive - City of College Station Fuji Film (2022) Pursuing Contract Amendment N/A N/A Until 2026: Cash Incentive - Brazos County N/A Until 2026: Cash Incentive - City of Bryan N/A Until 2026: Cash Incentive - City of College Station LSPI In Compliance N/A 40% Tax Abatement Cash Incentive - Brazos County 40% Tax Abatement Cash Incentive - City of Bryan Matica Not in Compliance Jobs, Salaries, & Investment Cash Incentive of Five Installments of $8,000 - BVEDC Zoetis In Compliance N/A Cash Incentive of Two Installments of S20,000 - BVEDC 2023 Incentives & Combined Impact Company Incentives Payroll Property Value 2023 Employment Fuji Film (2014)* Fuji Film (2022) LSPI Matica Zoetis $ 417,600.00 $76,289,377.38 $76,289,377.38 50% Tax Abatement $2,736,847 $8,000 N/A $20,000 $11,334,935 I $159,803,235 $159,803,235 $32,827,047 N/A $872,992 813 813 29 N/A 14 $90,361,159.38 $353,306,509 856 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 receive the 2023 Incentive Compliance Report. The motion carried unanimously. 8.2. Presentation, discussion, and possible action regarding an update from representatives of the Texas A&M University Student Government Association (SGA). Campbell Gattis and Grant Hockenberry, TAMU Student Gov't, provide an update to the City Council regarding SGA's priorities for the academic year and to note that Aggie's are registering to vote. 9. REGULAR ITEMS 9.1. Presentation, discussion, and possible action regarding Resolution No. 09-26-24-9.1 delegating to the City Manager the authority to make an electric utility Transmission Cost of Service (TCOS) refund payment in the amount of $27,416,135. Bryan Woods, City Manager, stated that the Public Utility Commission of Texas (PUC) has ordered the City of College Station to issue an arbitrary $27.4 million refund to 34 major utility systems that pay to use the City's transmission system. The order concerns the city's inclusion of a General Fund Transfer (GFT) in its interim Transmission Cost of Service (TCOS) applications in 2007, 2008, and 2017. The PUC upheld the order despite the State Office of Administrative Hearings Administrative Law Judges (SOAH ALJs) ruling that the refund amount was excessive and unwarranted. The attached resolution will authorize the City Manager to prepay the full refund now, in order to stop the punitive accrual of an additional $15 million in interest over 15 years. This payment will reduce the fund balance in the Electric Utilities Fund by $27.4 million. MOTION: Upon a motion made by Mayor Nichols and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 09-26-24-9.1, delegating CCM 092624 Minutes Page 5 to the City Manager the authority to make an electric utility Transmission Cost of Service (TCOS) refund payment in the amount of $27,416,135. The motion carried unanimously. 9.2. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2024-4551 Budget Amendment 3 amending Ordinance No. 2023-4457 amending the budget for the 2023- 2024 Fiscal Year in the amount of $39,097,273. Mary Ellen Leonard, Finance Director, stated that the proposed budget amendment is to increase the FY24 budget appropriations by $39,097,273 as a result of an increase needed primarily for an electric utility Transmission Cost of Service (TCOS) refund payment in the amount of $27,416,135 and a grant award in the amount of $5,924,138. The city has resources or can reasonably expect resources to cover the appropriations in this budget amendment. If approved, the net revised 2023-2024 budget appropriations will be $545,082,220. At approximately 7:33 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 7:33 p.m. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024- 4551, amending Ordinance No. 2023-4457 amending the budget for the 2023-2024 Fiscal Year in the amount of $39,097,273. The motion carried unanimously. 9.3. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4552 amending the Comprehensive Plan to include the Housing Action Plan as a Master Plan. David Brower, Community Development Analysis, stated that changes to the plan were incorporated after direction from the Planning and Zoning Commission and City Council, namely, to add language about encouraging and incentivizing the production of housing units. Staff presented the revised plan to the Planning and Zoning Commission at their September 5th meeting where the Commission voted unanimously to recommend approval of the Housing Action Plan. The City of College Station's Housing Action Plan strives to address pressing housing issues and to accomplish housing action items in the City Comprehensive Plan, specifically Action Items 2.3, 3.4, 3.6, and 3.9. The two main overarching goals of the plan are to create and incentivize more housing units of various types to meet growing demand and incentivize the production and preservation of housing that is affordable to community members. The 13-member Housing Action Plan Steering Committee has worked with City Staff to advise and make recommendations for a plan that reflects the community's vision for housing action and initiatives. Plan development included extensive research, public outreach, and stakeholder engagement. At approximately 7:42 p.m., Mayor Nichols opened the Public Hearing. Fred Dupriest, College Station, stated that if we oppose the continued takeover of family housing by corporate investors and the resulting decline in home ownership, we need to make that position very clear, both to investors and politicians in Austin. Mr. Dupriest ask Council if it's the intent to eliminate action plan, because the proposed plan does eliminate this protection. He recommended using the wording: Goal 1, Strategy 2, Action 1 - Opportunities for infill development will be explored in the first two actions in this section to allow greater density through amendment of the UDO and rezoning of certain areas. Possibilities could include small home communities or accessory dwelling units with owner -occupied homes from the current wording; opportunities for infill development will be CCM 092624 Minutes Page 6 explored in the first two actions in this section to allow greater density through amendment of the UDO and rezoning of certain areas. Possibilities could include small home communities or accessory dwelling units. There being no further comments, the Public Hearing was closed at 7:45 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2024-4552, amending the Comprehensive Plan to include the Housing Action Plan as a Master Plan, with the change of adding to the proposed ordinance "Owner Occupied Homes." The motion carried unanimously. 9.4. Public Hearing, presentation, discussion, and possible action regarding Resolution No. 09- 26-24.9.4 authorizing the City of College Station to apply to the U. S. Department of Housing and Urban Development for the Pathways to Removing Obstacles to Housing Grant in the amount of $3,600,000. Raney Whitwell, Community Development Analysis, stated that the U. S. Department of Housing and Urban Development (HUD) released a funding notification regarding the Pathways to Removing Obstacles to Housing (PRO Housing). The draft resolution will allow the City of College Station to submit an application for funding in the amount of $3,600,000. This grant aligns with the Housing Action Plan which specifies two goals: 1) Create more housing units and more diverse housing types, and 2) Produce and preserve housing that is affordable to current and future community members. The goal of the PRO Housing grant is to identify and remove barriers to affordable housing production and preservation. The resolution also identified matching funds from future Community Development Block Grant and HOME Investment Partnership Program grant funds in the amount of $3,600,000 over the next five years. If awarded, Staff has identified 3 projects that will be addressed with the grant funds: 1) Density Bonus Study, 2 2) Housing Capacity Study, and 3) Acquisition & Disposition Housing Program for Rental and/or Homeownership. At approximately 8:00 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:00 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 09-26- 24-9.4, authorizing the City of College Station to apply to the U. S. Department of Housing and Urban Development for the Pathways to Removing Obstacles to Housing Grant in the amount of $3,600,000. The motion carried unanimously. 9.5. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024- 4553 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 M-1 Light Industrial to CI Commercial Industrial on approximately 11 acres located in the University Industrial Center, more generally located at 151 Graham Road. CCM 092624 Minutes Page 7 Robin Macias, Planning and Development, stated that this request is to rezone approximately 11 acres of land located at 151 Graham Rd. from M-1 Light Industrial to CI Commercial Industrial. The property is developed as an industrial complex but is currently vacant. A portion of the property is still undeveloped. The M-1 Light Industrial zoning district was retired in 2003 with the original adoption of the Unified Development Ordinance. Mrs. Macias explained that this rezoning request would allow for the zoning to be updated to a current zoning district. The intent of the rezoning is to allow for different uses that are not allowed by right within the current zoning of M-1 Light Industrial. The applicant has stated that the current M-1 Light Industrial zoning is not the highest and best use for the property. Rezoning the property from M-1 Light Industrial to CI Commercial Industrial can provide additional development opportunity by allowing a greater variety of uses. The opportunity for an increased variety of uses will make the property more marketable. The Planning and Zoning Commission heard this item at the September 5, 2024, meeting and unanimously recommended approval (5-0). At approximately 8:04 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:05 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. 2024-4553, 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 M-1 Light Industrial to CI Commercial Industrial on approximately 11 acres located in the University Industrial Center, more generally located at 151 Graham Road. The motion carried unanimously. 9.6. Presentation, discussion, and possible action regarding an appointment to the Brazos Valley Solid Waste Management Agency, Inc. Board of Directors. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0), to appoint Councilmember Mark Smith to the Solid Waste Management Agency, Inc. Board of Directors. The motion carried unanimously. 10. Items of Community Interest and Council Calendar: The Council may discuss upcoming events and 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. Tanya Smith, City Secretary, reported on the Committee 101 seminar coming up on October 15, 2024 at 6 pm in Bush 4141 Community Room, and the city is accepting applications for Citizen Committees, Boards, and Commission until December 27, 2024. CCM 092624 Minutes Page 8 11. 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. No future items at this time. In accordance with the Texas Government Code the Council reconvened into Executive Session at 8:11 p.m. on September 26, 2024, to continue discussing matters pertaining to: §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 10:32 p.m. 12. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 10:32 p.m. on Thursday, September 26, 2024. P. Nichols, Mayor ATTE T: Tanya Smith, City Secretary CCM 092624 Minutes Page 9