HomeMy WebLinkAbout07/28/2022 - Regular Minutes - City CouncilCCM072822 Minutes Page 1
The MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
JULY 28, 2022
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
Karl Mooney, Mayor
Council:
Bob Brick – via remote
John Crompton – via remote
Linda Harvell
Elizabeth Cunha
John Nichols
Dennis Maloney
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Adam Falco, Interim City Attorney
Leslie Whitten, Assistant City Attorney
Ian Whittenton, Deputy City Secretary
Lisa McCracken, Records Management Administrator
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
Mooney via In -Person and Teleconference at 4:02 p.m. on Thursday, July 28, 2022, in the Council
Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
2. Executive Session
In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real
Estate, and §551.074-Personnel, the College Station City Council convened into Executive Session at
4:02 p.m. on July 28, 2022, to continue discussing matters pertaining to:
A. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit:
Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College
Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas;
and
McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No.
17-000914-CV-361; In the 361st District Court, Brazos County, Texas; and
City of College Station v. Gerry Saum, Individually, and as Independent Executrix of the
Estate of Susan M. Wood, Deceased; Cause No. 17-002742-CV-361; In the 361st District
Court, Brazos County, Texas; and
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Shana Elliott and Lawrence Kalke v. The City of College Station, et al.
Robert Danny Clack, II v. The City of College Station, et al.
B. Consultation with attorney to receive legal advice; to wit:
Legal Advice regarding the City’s application to change transmission cost of service (TCOS)
and wholesale transmission rates before the Public Utility Commission of Texas.
C. Deliberation on the purchase, exchange, lease, or value of real property; to wit:
Property generally located in the southwest quadrant of Texas State Highway 6 and Harvey
Road.
D. Deliberation on the appointment, employment, evaluation, reassi gnment, duties, discipline, or
dismissal of a public officer; to wit:
City Attorney
Council Self-Evaluation
3. Reconvene from Executive Session and take action, if any.
Executive Session recessed at 6:02 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS.
5.1. Presentation of Historic Marker 110 by the Historic Preservation Committee to the Cleere
family for their residence at 601 Guernsey Street.
Pulled for future date.
5.2. Presentation of Historic Marker 111 by the Historic Preservation Committee to the Dupriest
family for their residence at 605 Guernsey Street.
Gerald Burgner, Historic Preservation Committee Chairperson, provided a brief overview of the
Historic Marker program. Mayor Mooney presented Historical Marker 111 to the Dupriest family for
their residence at 605 Guernsey Street. Also present in person and by zoom were members of the
Historical Preservation Committee.
6. Hear Visitors Comments
Mary Ann Brandl, College Station, came to respectfully request that council reopen applications for
homeowners to apply to be grandfathered into the short-term rental exemption program.
7. WORKSHOP ITEMS
7.1. Presentation, discussion, and possible action regarding branding efforts for College Station.
Brian Piscacek, Economic Development Manager, stated that this presentation stems from a request
during a May 2022 Council Meeting regarding branding efforts for the City of College Station. Staff
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presented on such efforts since the establishment of "Visit College Station", review marketing
strategies and social engagement, and highlight advertisements in action.
College Station Visit:
Supporting entire hospitality industry through overnight stays and leisure travel.
College Station Compete:
Bringing regional, statewide, and national sports tournaments.
College Station Grow:
Recruiting / facilitating new business, creating jobs, and retaining a diverse workforce.
Marketing Strategies:
Tourism Advisory Committee
Digital Media
Print Media
Social Media Engagement
Engaging with Business:
Business Over Breakfast
Hospitality Insider
Heart of Aggieland Visitors Pass
Holiday Deals Pass
7.2. Presentation, discussion, and possible action regarding public and community uses of
College Station City Hall.
Jeff Capps, Deputy City Manager, presented a brief overview on a proposed policy for City Hall public
and community uses for meeting rooms and spaces at city hall.
Meetings:
During normal work hours
May not require additional staffing or
security
Custodial staff can assist during work
hours
Staff recommends council receive
recommendations for policies and uses
for city hall
Events:
Requires additional staffing & security
Weekend and after hours use
Determine if alcohol will be allowed
More liability and risk
Mr. Capps provided Council with the current uses of the city facilities, which are: Used daily by City
Staff for meetings; Community meetings held by staff (Seminar Supper and Builders/Developers
Breakfast); some limited use by outside users affiliated with the City; and Polling location during
election season. Potential users are non-profit organizations, civic and community organizations and
HOAs and neighborhood groups.
Rates and Fees for potential users:
Charge rates and fees like other City facilities
Rate per hour and requires deposit
Maximum number of hours and times used per year
Resident and Non-resident user fees
Non-profit rate or scale for non-profits based on size
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Staff Recommendations:
Limited purpose uses based on a written policy
Events or ceremonies not to be held at City Hall, but instead at Visit College Station event
space
Only use Bush 4141 and Heart of Aggieland meeting rooms
Users having affiliation with a City Staff or City Departments sponsoring meetings
All users must complete Facility Use Agreement like other City facility rentals requiring a fee
and may require insurance
Meetings only held on weekdays during working hours
Additional considerations:
Consider limiting number of uses and users
Security risks with allowing unmonitored users in building
Risks and liability related to building damage and City network security risks
Council directed staff to bring back draft policy with language as discussed such as: not allowing
religious or political organizations, include an after-hours policy with fees, explore a 10% upcharge
for non-residents, and a fee structure per category.
7.3. Presentation, discussion, and possible action regarding a potential 2022 bond election.
Bryan Woods, City Manager, presented a brief overview and summary of changes on the potential
2022 bond election items.
Revised cost estimates.
Citywide Park Improvements – reduced from $5 million to $4 million.
Bicycle & Pedestrian Improvements - reduced from $5 million to $4 million.
Rock Prairie Road East Widening –$2 million from FY22 COs.
Veterans Park Synthetic Fields – Issue COs and repay with HOT.
Pickleball/Futsal – reduced number of courts, no restroom renovation.
Mabel Clare Thomas Park Redevelopment –$1 million already issued for project.
Westside Park – preliminary design only, utilizing $1 million of available Parkland Dedication
funds.
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Mabel Clare Thomas Park Pool – Option 1
Similar size as original pool
Shallower depth
Splash pad
$3.9 Million
If proposition passes, public meetings will be held to provide feedback for final approval by
Council.
Mabel Clare Thomas Park Pool – Option 2
2,000 sq ft
3-10’ depth
$3.1 Million
If proposition passes, public meetings will be held to provide feedback for final approval by
Council.
Proposition Option 1
Proposition A: Public Safety - $18,000,000
Proposition B: Transportation - $25,130,000
Proposition C: Parks and Recreation - $58,412,000
Proposition D: Mabel Clare Thomas Park Pool - $3,920,000
Proposition Option 2
Proposition A: Public Safety - $18,000,000
Proposition B: Transportation - $25,130,000
Proposition C: Sport Parks - $22,557,000
Bachmann Park
Veterans Park
Central Park Operations Shop
Tennis Courts
Proposition D: Texas Independence Ballpark Phase 2 - $26,000,000
Proposition E: Recreation Parks - $9,855,000
Citywide Park Improvements
Pickleball/futsal
Mabel Clare Thomas Park Redevelopment
Lincoln Center Area Improvements
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Westside Park Redevelopment
Proposition F: Mabel Clare Thomas Park Pool - $3,920,000
Council directed staff to bring back a proposition based on Option 2 with new numbers for Texas
Independence Ballpark and operation and maintenance numbers for Thomas Park Pool. Bryan Woods,
City Manager stated where staff will go from here is to go back to Bond Counsel to work on the
language and bring back numbers for Texas Independence Ballpark and operation and maintenance
numbers for Thomas Park Pool with options on scaling back the numbers.
Mayor Mooney recessed the Council Meeting at 8:02 p.m.
Mayor Mooney reconvened the Council Meeting at 8:10 p.m.
8. 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.
Items 8.8 and 8.9 were pulled from Consent for clarification.
(8.8) Bryan Woods, City Manager, received comments from Councilmember Cunha on components
that she believes are well designed and will benefit the community.
(8.9) Jeff Kersten, Assistant City Manager, clarified that this contract is for employees on an as needed
basis and is an estimate of the current fiscal year end total.
8.1. Presentation, possible action, and discussion of minutes for:
July 12, 2022 Special Meeting
July 14, 2022 Council Meeting
July 18, 2022 Special (Budget) Meeting
July 19, 2022 Special (Budget) Meeting
8.2. 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 8, 2022. (Presentación, possible acción
y discusión un acuerdo interlocal de gobierno con el Condado de Brazos para llevar a cabo y
administrar las Elecciones Generales y Especiales de la Ciudad de College Station que se
celebrarán el martes 8 de noviembre de 2022.)
8.3. Presentation, discussion, and possible action regarding the second and final renewal of an
engineering services contract with Engineering Consultants, Inc. for an annual not -to-exceed
amount of $600,000 for electrical engineering services.
8.4. Presentation, discussion, and possible action regarding a Community Development Block
Grant funding agreement with Catholic Charities of Central Texas in the amount of $140,683
in Community Development Block Grant - CARES Act funds for rent, utilities, and case
management through the Brazos Valley Financial Stability Program - COVID 19 for those
College Station residents impacted by COVID-19.
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8.5. Presentation, discussion, and possible action regarding a second change order to a contract
with NewGen Strategies and Solutions, LLC (NewGen), for consulting support with the
Transmission Cost of Service (TCOS) study and rate case filing. The recommended change
order amount is $30,000, for a total contract amount not to exceed $116,750.
8.6. Presentation, discussion, and possible action regarding the renewal 1 of a contract with
National Field Services, Inc., for Annual Electric Substation Maintenance in the amount of
$133,333.
8.7. Presentation, discussion, and possible action on the second reading of a franchise agreement
Ordinance No. 2022-4373 with Waste Falcon, LLC for the collection of recyclables from
commercial businesses and multi-family locations.
8.8. Presentation, discussion, and possible action regarding a professional services contract with
Kimley Horn and Associates, Inc. in the amount of $1,371,000 for the Northeast Sewer Trunk
Line Phase IV project.
8.9. Presentation, discussion, and possible action to approve the provision of services by
Spherion Staffing LLC (“Spherion”) for Temporary employment Services by approving Letter
Amendment No. 1 which amends the annual estimated expenditure amount for the current
Renewal 1 contract term with an increase of $90,000.
8.10. Presentation, discussion, and possible action on a Change Order No. 4 to a construction
contract with Elliott Construction, LLC. in the amount of $139,148 for construction services
related to the Woodson Village Utility rehabilitation Project.
MOTION: Upon a motion made by Mayor Mooney and a second by Councilmember Harvell, the
City Council voted seven (7) for and none (0) opposed, to approve the Consent Items with an amended
Exhibit A for Item 8.4. The motion carried unanimously.
9. REGULAR ITEMS
9.1. Presentation, discussion, and possible action regarding the Fiscal Year 2023 BVSWMA, Inc.
budget.
Bryan Griesbach, BVSWMA Executive Director, stated that the BVSWMA, Inc. proposed budget
was considered and approved by the BVSWMA, Inc. Board of Directors on June 15, 2022. 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 this item on July 12, 2022. The FY2023 BVSWMA,
Inc. Budget Revenue is $10,511,100. The Operating Expenses are $8,509,372 and Capital Expenses
are $4,056,500. The Total Reserves, Cash, & Investments are $13,094,445.
MOTION: Upon a motion made by Councilmember Nichols, and a second by Councilmember
Maloney, the City Council voted seven (7) for and none (0) opposed, to accept the Fiscal Year 2023
BVSWMA, Inc. budget report. The motion carried unanimously.
9.2. Presentation, discussion, and possible action regarding the 2021 Incentive Compliance
Report by the Brazos Valley Economic Development Corporation.
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Natalie Ruiz, Economic Development Director, stated that this is annual presentation on project
compliance from the Brazos Valley Economic Development Corporation. BVEDC staff, along with
representatives from Ryan, LLC, a Texas-based tax services and consulting firm.
Shawn Portales, Ryan LLC, gave an overview for 2021, six (6) projects under agreement were
monitored for performance compliance by the Brazos Valley Economic Development Corporation on
behalf of Brazos County, the City of Bryan, and the City of College Station.
Mr. Portales explained that the 2021 report highlights companies across multiple targeted industries
making investments valued over $394M and providing more than 1,315 quality jobs with local
payrolls more than $93M.
Matt Prochaska, BV Economic Development Corporation, stated that he believes that Fuji Film is in
compliance and Viasat is not at this time.
At approximately 8:51 p.m., Mayor Mooney opened for Citizen Comments.
Brian Alg, College Station, came before Council regarding the 2021 Compliance Report with Viasat
on job creation and reporting requirements. He believes there are inaccuracies in the report, the
numbers reported by the incentivized companies, and that the audit should be conducted by City Staff.
There being no further comments, Citizen Comments was closed at 8:54 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Nichols, the City Council voted seven (7) for and none (0) opposed, to accept the 2021 Incentive
Compliance Report by the Brazos Valley Economic Development Corporation and approve incentive
payment for Fuji Film but not for Viasat. The motion carried unanimously.
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9.3. Public Hearing, presentation, discussion, and possible action on the City of College Station
FY2022-2023 Proposed Budget.
Mary Ellen Leonard, Finance Director, presented the Operations and Maintenance that are proposed
at $322,505,341 and the Capital portion is proposed at $87,586,042 for a total proposed budget of
$410,091,383. The FY23 Budget, FY23 Tax Rate and FY23 Fee Ordinance is scheduled to be adopted
in Council Chambers on Thursday, August 11th.
At approximately 8:58 p.m., Mayor Mooney opened the Public Hearing.
Brian Alg, College Station, came before Council to recommend removing certain items from the
budget. He would like to see Texas Independence Ballpark reconsidered and possibly removed from
the budget.
There being no further comments, the Public Hearing was closed at 9:01 p.m.
9.4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2022-
4374 amending Appendix A, “Unified Development Ordinance,” Section 5.2 “Residential
Dimensional Standards”, and Section 8.3.H.4 “Cluster Development” of the Code of Ordinances
of the City of College Station, Texas, regarding cluster developments.
Robin Macias, Planning and Development, stated that the proposes that properties zoned GS General
Suburban will have no lot size minimums to better achieve the maximum densi ty for the zoning
district. This increases the minimum amount of open space required from 10% to 25% and requires
that the minimum open space area be 5,000 sq ft. for all zoning districts. Staff spoke with several
local single-family developers, specifically those that have utilized College Station’s cluster
regulations and the comments from cluster developers were generally that:
1. They utilized the cluster subdivision option because it worked for their business models,
2. that it was good to use when trying to preserve a natural area and work around geographical
challenges, and
3. 3. any incentive to increase the developability of property would be welcomed.
Comments from developers that have not created cluster subdivisions were that the ordinance was not
utilized generally because:
1. there is no economic incentive to develop a cluster subdivision as it would be taking land from
the development and making it non-revenue,
2. it did not fall within their business models, and
3. that incentives would not create a desire to change the product they offered.
Staff researched the cluster regulations of other Texas communities and spoke to their staff members
about the utilization of their ordinances. Many of the Texas cities researched did not allow for an
increase in density from the underlying zoning district and required a large amount of open space.
Staff researched developments within the City of College Station that have utilized the clustering
option and those that have not and determined that the current density requirements are not being met
with either option. By removing lot size minimums, developers could be given a better opportunity to
achieve the current density maximums. This in a way provides a density bonus for developing a cluster
subdivision because they can yield more lots per acre of usable land. Also, removing the minimum lot
size for properties within the GS General Suburban zoning district for cluster developments will allow
the developer opportunity to create lot sizes that fit their business model while also increasing the
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overall density closer to the maximum allowed.
To maintain the character of the Wellborn and Restricted Suburban zoned areas, Staff chose
to only remove the minimum lot size for properties zoned GS General Suburban.
To be more in line with other communities, staff has increased the minimum amount of open
space from 10% to 25% and required that the minimum open space area be 5,000 sq. ft. to
provide a more usable space.
The Planning and Zoning Commission heard this item at their July 7, 2022 meeting where they voted
unanimously (6-0) to recommend approval of the ordinance amendment. Staff also recommends
approval.
At approximately 9:48 p.m., Mayor Mooney opened the Public Hearing.
There being no comments, the Public Hearing was closed at 9:48 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Nichols, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2022-
4374, amending Appendix A, “Unified Development Ordinance,” Section 5.2 “Residential
Dimensional Standards”, and Section 8.3.H.4 “Cluster Development” of the Code of Ordinances of
the City of College Station, Texas, regarding cluster developments.. The motion carried unanimously.
9.5. Presentation, discussion, and possible action regarding adoption of Resolution No. 07-28-
22-9.5 approving a settlement agreement between the City of College Station and Olga S.
Kucerak, as Independent Executrix Of The Estate Of Gerry L. Sa um, Deceased, and as
Independent Administrator Of The Estate Of Susan M. Wood, Deceased (Olga Kucerak),
resolving all litigation between the parties, and to provide for the City’s purchase of 102.25 acres
of land located generally along N. Dowling Road in South Brazos County, Texas, from Olga
Kucerak for a purchase price of $3,578,750.
Adam Falco, Interim City Attorney, stated that since 2017, the city has been involved in litigation
concerning the sale of approximately 102.25 acres of land to the city for a regional park. The land is
generally located off N. Dowling Road in South Brazos County. To settle the litigation, the city
negotiated a settlement agreement providing for the City’s purchase of the land for the price of $35,000
per acre for a total purchase price of $3,578,750 and providing for the mutual release of all claims
related to this matter. The budget for this settlement is included in Community Zones A, B and AB,
and the appropriation of those funds will be included on Budget Amendment #4.
MOTION: Upon a motion made by Councilmember Crompton and a second by Councilmember
Maloney, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 07-
28-22-9.5, a settlement agreement between the City of College Station and Olga S. Kucerak, as
Independent Executrix Of The Estate Of Gerry L. Saum, Deceased, and as Independent Administrator
Of The Estate Of Susan M. Wood, Deceased (Olga Kucerak), resolving all litigation between the
parties, and to provide for the City’s purchase of 102.25 acres of land located generally along N.
Dowling Road in South Brazos County, Texas, from Olga Kucerak for a purchase price of $3,578,750.
The motion carried unanimously.
10. Council Calendar
Council reviewed the calendar.
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11. Items of Community Interest: The Council may receive reports from a Council Member or
City Staff about items of community interest for which notice has not been given, including:
expressions of thanks, congratulations or condolence; information regarding holiday schedules;
honorary or salutary recognitions of a public official, public employee, or other citizen;
reminders of upcoming events organized or sponsored by the City of College Station;
information about a social, ceremonial or community event organized or s ponsored 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.
Nothing to report.
12. Council Reports on Committees, Boards, and Commission: A Council Member may make a
report regarding meetings of City Council boards and commissions or meetings of boards and
committees on which a Council Member serves as a representative that have met since the last
council meeting. (Committees listed in Coversheet)
Nothing to report.
13. Future Agenda Items and Review of Standing List of Council Generated Future Agenda
Items: A Council Member may make a request to City Council to place an item for which no
notice has been given on a future agenda or may inquire about the status of an item on the
standing list of council generated future agenda items. A Council Member’s or City Staff’s
response to the request or inquiry will be limited to a statement of specific factual information
related to the request or inquiry or the recitation of existing 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.
Mayor Mooney requested a discussion about a College Station recreation center.
14. Adjournment.
There being no further business, Mayor Mooney adjourned the Meeting of the City Council at 10:01
p.m. on Thursday, July 28, 2022.
________________________
Karl Mooney, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary