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City Council

December 17, 2024 ·6:00 PM Final ·Regular Meeting

Council Chambers 200 West Walker Street

Agenda — 101 items

  1. 1 The City Council of the City of League City, Texas, met in a regular meeting in the Council Chambers at 200 West Walker Street on the above date at 6:00 p.m.
  2. 1. CALL TO ORDER AND ROLL CALL OF MEMBERS
  3. 2 Mayor: Nick Long City Council Members: Andy Mann Tommy Cones Tom Crews Courtney Chadwell Justin Hicks Chad Tressler Sean Saunders City Manager: John Baumgartner Assistant City Manager: Rick Davis Assistant City Manger-CFO: Angie Steelman Interim City Attorney: Michelle Villarreal City Secretary: Diana M. Stapp Chief of Police: Cliff Woitena Executive Director of Capital Projects Ron Bavarian Executive Director of Development Services: Christopher Sims Director of Finance: Kimberly Corell Director of Human Resources/Civil Service: James Brumm Director of Parks & Cultural Services: Chien Wei Director of Public Works: Jody Hooks
  4. 2. INVOCATION, PLEDGE OF ALLEGIANCE TO THE U.S. FLAG AND PLEDGE OF ALLEGIANCE TO THE TEXAS FLAG
  5. 4 The invocation was given by Pastor Zac Ashley of Bay Area Church. Mayor Long led in the pledges of allegiance to the flags.
  6. 4 Mayor Long called the meeting to order at 6:02 p.m. and called the roll. All members of Council were present.
  7. 3. APPROVAL OF MINUTES
  8. 3A. November 12, 2024 Regular Meeting 24-0599
  9. 3B. November 12, 2024 Council Work Session 24-0600
  10. 3C. November 19, 2024 Special Meeting 24-0603
  11. 4. PROCLAMATIONS, PRESENTATIONS, AWARDS, AND COMMUNITY SPOTLIGHT
  12. 5. PUBLIC COMMENTS BEFORE CITY COUNCIL
  13. 11 Mayor Long asked if there were any corrections. He said hearing none, these minutes are approved.
  14. 12 Members of the public are invited to give comments at this time, lasting not longer than 3 minutes. Comments may be general in nature or may address a specific agenda item.
  15. 13 PAGE BREAK
  16. 6. CONSENT AGENDA
  17. 6A. Consider and take action on a resolution authorizing a five-year agreement with Axon Enterprises, Inc. for 30 body-worn cameras for the Fire Department’s EMS Division for a total not to exceed $151,949.60 (Fire Chief) 24-0546 Approved Pass
  18. 6B. Consider and take action on a resolution authorizing a three-year renewal agreement with Wittman Enterprises for EMS Billing and Collections for a total not to exceed $495,000.00 (Fire Chief) 24-0582 Approved Pass
  19. 16 NAME ADDRESS SUBJECT Jonathan Keeth 409 Perkins Ave Walking Path Old LC Jeanne Avandsalehi 2102 Castle Dr Library Shay Smith 710 S. Wisconsin Ave Heritage Trail Marika Fuller 2920 Marlin Ct SB240 9F Calley Humphus 2201 Webster St Vape Mohammad Islam CBD Marlon Herndon Eve Gammill Wakefield Drive Heidie Gordon Elizabeth Protas Sandra Blankenship Peggy Zahler 1802 Rampart Multiple
  20. 6C. Consider and take action on a resolution authorizing the annual internal audit plan for the City of League City for the fiscal year ending September 30, 2025 (City Auditor) 24-0588 Approved Pass
  21. 6D. Consider and take action on a resolution authorizing the reclassification of the Lead Deputy Court Clerk to a Juvenile Case Manager and adoption of a code of ethics and minimum training standards (Director of Finance) 24-0596 Approved Pass
  22. 6E. Consider and take action on a resolution authorizing an expenditure of an amount not to exceed $64,550 with Baker & Taylor, Inc. under Texas Smart Buy 715-M2 for the purchase of library print and audio-visual materials for adults through September 30, 2025 (Director of Parks & Cultural Services) 24-0594 Approved Pass
  23. 19 Approval of the Consent Agenda Approved the Consent Agenda Pass
  24. 20 PAGE BREAK
  25. 6F. Consider and take action on a resolution authorizing an expenditure of an amount not to exceed $56,500 with Baker & Taylor, Inc. under Texas Smart Buy 715-M2 for the purchase of library print materials for children and teens through September 30, 2025 (Director of Parks & Cultural Services) 24-0595 Approved Pass
  26. 6G. Consider and take action on a resolution authorizing a two-year agreement with Brooks Concrete, Inc. for streets, sidewalks, and concrete pavement repair in an amount not to exceed $4,800,000 (Director of Public Works) 24-0583 Approved Pass
  27. 6H. Consider and take action on a resolution authorizing Third Amendment to professional services agreement with Huitt Zollars, Inc. for additional design phase services related to the SH 3 and FM 518 Intersection Improvements (ST2003) in an amount not to exceed $57,060 (Executive Director of Capital Projects) 24-0610 Approved Pass
  28. 6I. Consider and take action on a resolution authorizing a professional services agreement with ARKK Engineers, LLC for final design, ROW acquisition and other additional services, and construction administration phase services related to the FM 518 Waterline Replacement Project - SH 3 to FM 270 (WT1904G) in an amount not to exceed $639,517 (Executive Director of Capital Projects) 24-0611 Approved Pass
  29. 25 PAGE BREAK
  30. 6J. Consider and take action on a resolution authorizing a construction contract with Jerdon Enterprise, L.P. for the Dr. Ned & Fay Dudney Clear Creek Nature Center Kayak Launch Project (PK1910B) in an amount not to exceed $1,161,285.50, including a Work Change Directive budget of $116,128 for a total project budget not to exceed $1,277,413.50 (Executive Director of Capital Projects) 24-0612 Approved Pass
  31. 6K. Consider and take action on a resolution authorizing an amendment to the professional services agreement with ARKK Engineers for the Oaks of Clear Creek Detention Pond Improvements (DR2101B) in an amount not to exceed $117,190 (Executive Director of Capital Projects) 24-0613 Approved Pass
  32. 6L. Consider and take action on a resolution authorizing Change Order No. 1 with ISJ Underground Utilities, LLC related to the East Main 24-inch Force Main Replacement Project (WW1801I) in an amount of $189,600 (Executive Director of Capital Projects) 24-0614 Approved Pass
  33. 29 PAGE BREAK
  34. 6M. Consider and take action on a resolution authorizing Change Order 1 to the construction contract with Wilson Building Services, Inc. related to the Main Street (FM 518) Sidewalk Improvements Phase 1 Project (RE2301A), in the amount of $81,050.92. (Executive Director of Capital Projects) 24-0617 Approved Pass
  35. 6N. Consider and take action on Ordinance No. 2024-52, an ordinance adopting a Special Use Permit, SUP-23-0002 (Storage King), for a “Self-Storage” use, on approximately 8.4 acres zoned “CG” (General Commercial), generally located along the west side of State Highway 3 (SH 3) and approximately 1,500 feet north of Farm to Market Road 646 (FM 646), with the address of 2615 State Highway 3 South - Second Reading (Director of Planning) Planning and Zoning Commission recommended approval, 7-0-0, with one member absent, subject to conditions on November 4, 2024. City Council approved the first reading, 8-0-0, subject to conditions, on November 12, 2024. 24-0589 Approved Pass
  36. 32 END OF CONSENT AGENDA
  37. 7. PUBLIC HEARING AND ACTION ITEMS FROM PUBLIC HEARING
  38. 7A. Hold a public hearing on a request to rezone approximately 1.7 acres from “CG” (General Commercial) to “PS” (Public / Semi-Public) and a request for a Special Use Permit on the same property, MAP-23-0007 (Stella B.E.S.S.), to operate a Battery Energy Storage Station (B.E.S.S.), generally located along the east side of Caroline Street and south of Farm to Market Road 646 (Director of Planning) 24-0618
  39. 35 PAGE BREAK
  40. 7B. Consider and take action on an ordinance: 1) rezoning approximately 1.7 acres from “CG” (General Commercial) to “PS” (Public / Semi-Public), 2) issuing a Special Use Permit on the same property, MAP-23-0007 (Stella B.E.S.S.), to operate a Battery Energy Storage Station (B.E.S.S.), generally located along the east side of Caroline Street and south of Farm to Market Road 646 and 3) authorizing a strategic partnership agreement (Director of Planning) Planning and Zoning Commission failed to recommend approval 0-7-0 with one member absent on February 19, 2024 (Prior to the creation of the B.E.S.S. Ordinance). City Council held a public hearing and postponed the item, 7-1-0 on April 23, 2024. 24-0619 Approved on First Reading Pass
  41. 7C. Hold a public hearing on a request for a Special Use Permit, SUP-24-0003 (Skyway Towers), to allow a cell tower (Communication Towers and Structures use) to be constructed on approximately 0.14 acres zoned “CG” (General Commercial), generally located along the west side of Tuscan Lakes Boulevard and along the north side of Farm to Market Road 646 (FM 646) with the cell site located approximately 1,200 feet north of the intersection of Farm to Market Road 646 (FM 646) and Tuscan Lakes Boulevard (Director of Planning) 24-0620
  42. 7D. Consider and take action on an ordinance adopting a Special Use Permit, SUP-24-0003 (Skyway Towers), allowing a cell tower (Communication Towers and Structures use) to be constructed on approximately 0.14 acres zoned “CG” (General Commercial), generally located along the west side of Tuscan Lakes Boulevard and along the north side of Farm to Market Road 646 (FM 646) with the cell site located approximately 1,200 feet north of the intersection of Farm to Market Road 646 (FM 646) and Tuscan Lakes Boulevard (Director of Planning) Planning and Zoning Commission recommended approval, 4-2-0, on November 18, 2024, subject to conditions with two members absent. 24-0621 Approved on First Reading Pass
  43. 7E. Hold a public hearing on a request for a Special Use Permit, SUP-24-0004, (KSSGH Gas Station/C-Store), to allow a gas station with a convenience store (Vehicle Fueling Station use) on approximately 2.363 acres zoned “CG” (General Commercial), generally located along the west side of the Gulf Freeway South (Interstate Highway 45), with the address of 2261 Gulf Freeway, League City, Texas (Director of Planning) 24-0622
  44. 39 Mayor Long opened the public hearing at 6:35 p.m. SPEAKERS: Brian Yarbrough Alan Grosse Chuck DiFalco Jim Whitely Peggy Zahler Mayor Long closed the public hearing at 6:46 p.m.
  45. 40 PAGE BREAK
  46. 7F. Consider and take action on an ordinance adopting a Special Use Permit, SUP-24-0004, (KSSGH Gas Station/C-Store), to allow a gas station with a convenience store (Vehicle Fueling Station use) on approximately 2.363 acres zoned “CG” (General Commercial), generally located along the west side of the Gulf Freeway South (Interstate Highway 45), with the address of 2261 Gulf Freeway, League City, Texas, 77573 (Director of Planning) Planning and Zoning Commission recommended approval, 7-0-0, on December 2, 2024, subject to conditions with one member absent. 24-0623 Approved on First Reading Pass
  47. 8. OLD BUSINESS
  48. 8A. Consider and take action on an ordinance amending section 125-3.12.7, entitled “Zoning (Historic District)”, section 125-3.13, entitled “Use of Land and/or Buildings”, and Appendix A, entitled "Definitions" of Chapter 125, entitled “Unified Development Code”, to update and consolidate provisions related to permitted uses (Director of Planning) Planning and Zoning Commission recommended approval, 7-0-0 with one member absent on September 9, 2024. City Council postponed the item, 7-1-0 on October 8, 2024. 24-0542 Approved on First Reading Pass
  49. 43 Mayor Long opened the public hearing at 6:58 p.m. SPEAKERS: Vincent Hueberger Mayor Long closed the public hearing at 7:02 p.m.
  50. 8B. Consider and take action on a resolution authorizing a Professional Services Agreement with Halff Associates, Inc. (Halff) for the design, bid, and construction phase services related to the Heritage Signature Trail (PK2302) in the amount not to exceed $270,160. (Executive Director of Capital Projects) 24-0591 Approved Fail
  51. 9. NEW BUSINESS
  52. 9A. Consider and take action on the selection of Mayor Pro Tem (City Secretary) 24-0561 Approved Pass
  53. 9B. Consider and take action on an appointment to the Civil Service Commission (City Manager) 24-0482 Approved Pass
  54. 47 Mayor Long opened the public hearing at 7:06 p.m. No members of the public requested to address the Council. Mayor Long closed the public hearing at 7:06 p.m.
  55. 9C. Consider and take action on appointments to non-city organizations (Mayor Long) 24-0626 Approved Pass
  56. 9D. Consider and take action on appointments and reappointments to City boards and commissions (Mayor Long) 24-0602 Approved Pass
  57. 49 PAGE BREAK
  58. 9E. Consider and take action on a resolution in support of SB 239/HB 309, "restricting the use of taxpayer funds for certain lobbying purposes" proposed for the 89th Texas Legislative Session in 2025 (Mayor Long, Mayor Pro Tem Hicks, and Council Member Cones) 24-0606 Approved Pass
  59. 9F. Consider and take action on a resolution in support of SB 240/HB 239, "Texas Women's Privacy Act" for the 89th Texas Legislative Session in 2025 (Mayor Long, Mayor Pro Tem Hicks, and Council Member Cones) 24-0607 Approved Pass
  60. 9G. Consider and take action on a resolution in support of SB 395/HB 530, "banning mandated universal income programs by political subdivisions" for the 89th Texas Legislative Session in 2025 (Mayor Long, Mayor Pro Tem Hicks, and Council Member Cones) 24-0608 Approved Pass
  61. 52 Consider and take action on an ordinance amending section 125-3.12.7, entitled “Zoning (Historic District)”, section 125-3.13, entitled “Use of Land and/or Buildings”, and Appendix A, entitled "Definitions" of Chapter 125, entitled “Unified Development Code”, to update and consolidate provisions related to permitted uses (Director of Planning) Planning and Zoning Commission recommended approval, 7-0-0 with one member absent on September 9, 2024. City Council postponed the item, 7-1-0 on October 8, 2024. 24-0542 Approved First and Final Reading Pass
  62. 9H. Consider and take action on a resolution establishing a Legislative Program as a part of the City of League City’s Advocacy Program (City Manager) 24-0584 Approved Pass
  63. 9I. Consider and take action on a resolution determining that land is needed for the construction and improvements associated with the SH 3 & FM 518 Intersection Improvements (ST2003), in the City of League City, Texas, specifically: 1) Parcel 7- a 0.0770 acre parcel of land, 2) Parcel 8- a 0.1228 acre parcel of land; and authorizing the institution of eminent domain proceedings (Executive Director of Capital Projects) 24-0571 Tabled Pass
  64. 54 PAGE BREAK
  65. 55 PAGE BREAK
  66. 10. FIRST READING OF ORDINANCES
  67. 10A. Consider and take action on an ordinance amending Section 46-153 of the Code of Ordinances for the City of League City to allow limited fireworks during the New Year's Holiday and Independence Day Holiday (Mayor Long, Council Member Tressler, Council Member Chadwell, Council Member Saunders) Sponsors request approval on first and final reading. 24-0593 Approved on First Reading Pass
  68. 10B. Consider and take action on an ordinance formally adopting the various charter amendments that were approved by a majority of qualified voters during the November 5, 2024 charter election (City Attorney) Staff requests approval on first and final reading. 24-0625 Approved on First Reading Pass
  69. 10C. Consider and take action on a ordinance amending the City of League City Code of Ordinances, Chapter 18, Article IV. Animal Advisory Committee to align with the State requirements outlined in Chapter 823 of the Texas Health and Safety Code (Chief of Police) 24-0624 Approved on First Reading Pass
  70. 11. ITEMS ADDED AFTER ELECTRONIC AGENDA COMPLETED
  71. 12. REPORTS FROM STAFF MEMBERS
  72. 62 Announcements concerning items of community interest. No action will be taken or discussed.
  73. 13. COUNCIL MEMBERS COMMENTS/REPORTS
  74. 64 Announcements concerning items of community interest. No action will be taken or discussed.
  75. 14. EXECUTIVE(CLOSED) SESSION(S)
  76. 14A. Texas Open Meetings Act, Section 551.072 Government Code - Deliberations about real property Discuss potential purchase or sale of real property interests (Executive Director of Capital Projects) 24-0572
  77. 66 PAGE BREAK
  78. 14B. Texas Open Meetings Act, Section 551.074 Government Code - Personnel Matters Discuss employment, appointment or evaluation of a public officer or employee, to-wit: Municipal Judges (City Manager) 24-0585
  79. 14C. Texas Open Meetings Act, Section 551.087 Government Code - Deliberations Regarding Economic Development Negotiations Discuss the offer of a financial or other incentive to a business prospect that seeks to locate, stay, or expand within the City of League City, Texas (Assistant City Manager) 24-0597
  80. 14D. Texas Open Meetings Act, Section 551.071 Government Code - Consultation with Attorney Consultation with City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter, to-wit: Harris County v. Clear Creek Shores, Inc. (City Attorney) 24-0604
  81. 69 Consider and take action on an ordinance amending Section 46-153 of the Code of Ordinances for the City of League City to allow limited fireworks during the New Year's Holiday and Independence Day Holiday (Mayor Long, Council Member Tressler, Council Member Chadwell, Council Member Saunders) Sponsors request approval on first and final reading. 24-0593 Approved First and Final Reading Pass
  82. 15. ACTION ITEM(S) FROM EXECUTIVE SESSION(S)
  83. 15A. Consider and take action on discussion concerning potential purchase or sale of real property interests (Executive Director of Capital Projects) 24-0573 Approved Pass
  84. 71 Consider and take action on an ordinance formally adopting the various charter amendments that were approved by a majority of qualified voters during the November 5, 2024 charter election (City Attorney) Staff requests approval on first and final reading. 24-0625 Approved First and Final Reading Pass
  85. 15B. Consider and take action on discussion regarding the employment, appointment or evaluation of a public officer or employee, to-wit: Municipal Judges (City Manager) 24-0586 Approved on First Reading Pass
  86. 15C. Consider and take action on the offer of a financial or other incentive to a business prospect that seeks to locate, stay, or expand within the City of League City, Texas (Assistant City Manager) 24-0598 No Action
  87. 15D. Consider and take action regarding consultation with City Attorney, to-wit: Harris County v. Clear Creek Shores, Inc. (City Attorney) 24-0605 No Action
  88. 16. ADJOURNMENT
  89. 76 _______________________ NICK LONG MAYOR
  90. 77 CERTIFICATE OF NOTICE
  91. 78 This is to certify that the above Notice of Meeting was posted on the bulletin board of City Hall of the City of League City, Texas, on or before the 13th day of December, 2024 prior to 12:30 p.m. as well as the City's public internet webpage, www.leaguecitytx.gov and was posted in accordance with the Texas Open Meetings Act, Chapter 551, Government Code.
  92. 78 Mayor Pro Tem Tommy Cones – Thank you, I’d like to thank all the colleagues up here for their vote of confidence. I will do my best job up here and try to work with everybody. Thank you. Justin Hicks – This is our last meeting until like mid-January or something, so I just want to say Merry Christmas to everybody and then also just give a little bit of love to League City Proud and League City staff for a well-executed what 26, 27, 28 years in a row at Holiday in the Park. Then also to all of the nice homes that entered, there was like, 24, 42 or something like that, that entered into the Holiday Light Fight. Andy Mann – No Comments Tom Crews – Thank you, Mayor. Two things real quick. One, I’d like to give a big thanks to Fire Station Three. My wife was stuck in the elevator in between floors and they came out and helped her and they did it pretty fast. I don’t think there’s any long-lasting mental fears there. The second one, on a little more serious note, to the members of the trans community, this was a difficult vote for me. I really have concerns about safety and I don’t want anyone to feel like I do not represent them. I care very heavily for all of the citizens. This one here is just a little bit tricky. I don’t think we have a whole lot of options the way this thing is written, but I think the real key is if you don’t like how this is going we need to go with our state legislature. So that’s where this needs to go. I hope that the citizens don’t feel that they’ve been neglected and not heard, because they’re an important part of our society here and our citizens. Thank you. Courtney Chadwell – Just congratulations to Mayor Pro Tem Cones and Merry Christmas to all the citizens out there.
  93. 79 The City Council of the City of League City, Texas reserves the right to meet in closed session on any of the items listed above should the need arise and if applicable pursuant to authorization by Title 5, Chapter 551 of the Texas Government Code: 551.071 Consultations with Attorney, 551.072 Deliberations about Real Property, 551.073 Deliberations about Gifts and Donations, 551.074 Personnel Matters, 551.076 Deliberations about Security Devices, and 551.087 Deliberations Regarding Economic Development Negotiations.
  94. 79 Chad Tressler – Whether you choose to set off fireworks that are going be legal on a second reading but technically aren’t on New Years Eve this year or not, I hope that everyone keeps in mind safety during New Years Eve this year. As the Mayor pointed out, this is a holiday where there is a lot of alcohol consumed. Probably the biggest safety issue going on that evening. Don’t let your friends drive when they’ve been drinking. Be responsible, be safe, look out for each other. Thanks. Sean Saunders – Mr. Mayor, thank you. First of all, congratulations Tommy. Second of all, nobody’s really said it, Christmas, we will not meet again before Christmas, of course. I want everybody to please remember the men and women who are out there who are not with their families for Christmas nor New Years, particularly Christmas. Remember the fire fighters, the police officers, the paramedics, who will be on duty protecting y’all on these holidays, because we have no choice. I will be on duty that day, and we have no choice but to be there when we’d like to be with our families, too. So, if you would, please keep them in your mind, keep them in your prayers, that they finish their shift and they go home safe and sound to their families, and the men and women in the military that are protecting us, that they come home safe from wherever they’re at. Thank you. Mayor Long – Merry Christmas and I wanted to say thank you to the Daughters of the American Revolution who did the Wreaths Over America this weekend. It was a pretty neat event. I got to learn a lot about it. Maybe it was a little bit hotter than it normally is out there, but they decorated the Fairview Cemetery with a bunch of wreaths and it was a pretty well done event, so thank you to them.
  95. 80 ________________________ DIANA M. STAPP CITY SECRETARY (SEAL) MINUTES APPROVED: January 14, 2025
  96. 81 _________________________________________________________________________ NOTE: In compliance with the Americans with Disabilities Act, this facility is wheelchair accessible and accessible parking spaces are available. Requests for special accommodations or interpretive services must be made at least 48 hours prior to this meeting. Please contact the City Secretary's Office at 281-554-1030 or by FAX 281-554-1020. _________________________________________________________________________
  97. 81 At 8:03 p.m. Mayor Long announced the City Council will now go into executive session to discuss the following items
  98. 82 Any invocation that may be offered during the ceremonial portion of the City Council meeting shall be the voluntary offering of a private citizen, to and for the benefit of the Council. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council and do not necessarily represent the religious beliefs or views of the Council in part or as a whole. No member of the community is required to attend or participate in the invocation and such decision will have no impact on their right to actively participate in the business of the Council.
  99. 83 At 8:11 p.m. Mayor Long reconvened the regular meeting and announced there was no final action, decision or vote with regard to any matter considered in the executive session just concluded. A motion was made by Mr. Hicks, seconded by Mayor Long, to hear comments from the affected property owner for item 15A. No action was taken, Mayor Long announced the City Council would adjourn to executive session at 8:16 p.m.
  100. 87 At 9:12 p.m. Mayor Long reconvened the regular meeting and announced there was no final action, decision or vote with regard to any matter considered in the executive session just concluded.
  101. 91 Consider and take action on discussion regarding the employment, appointment or evaluation of a public officer or employee, to-wit: Municipal Judges (City Manager) 24-0586 Approved First and Final Reading Pass