HomeMy WebLinkAbout01/26/2023 - Regular Minutes - City CouncilCCM 012623 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
JANUARY 26, 2023
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, Assistant 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 January 26, 2023, 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, and §551.074-
Personnel, the College Station City Council convened into Executive Session at 4:00 p.m. on January
26, 2023, to continue discussing matters pertaining to:
2.1. 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
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
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Robert Danny Clack, II v. City of College Station, et al., Civil Action No. 4:22 -cv-02404, in
the U.S. District Court for the Southern District of Texas, Houston Division
Kristin Marriott v. City of College Station, Cause No. 22-002259-CV-272, in the 272nd
District Court, Brazos County, Texas
Legal advice regarding City facility uses policies and the public’s rental and use of City-owned
buildings and facilities.
2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer; to wit:
Zoning Board of Adjustments
City Manager
Council Self-Evaluation
3. The Open Meeting will Reconvene No Earlier than 6:00 PM from Executive S ession and City
Council will take action, if any.
Executive Session recessed at 6:00 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
5. Hear Visitors Comments
Charles Coats with the Habitat for Humanity wanted to applaud the City Council for the support they
give towards the building of affordable housing.
6. WORKSHOP ITEMS
6.1. Presentation, discussion, and possible action regarding proposals received in response to
Request for Information 23-018 - Affordable Housing Development in College Station through
the Texas Department of Housing and Community Affairs 2023 9% Low -Income Housing Tax
Credit allocation process.
Debbie Eller, Community Services Director, provided an overview of the need for more affordable
rental units in College Station, the Fair Housing requirements, the 9% Low Income Housing Tax
Credit program, and scoring criteria. She explained the details of two proposals received in response
to Request for Information - Affordable Housing Development (RFI 23-018). Which included
locations for each proposed development, type of development, number of rental units broken down
by affordable and market rate, and basic amenities and services. City Cou ncil had several options
available, including support of one application, none, all, or a combination : or providing a resolution
of no objection to one, none, all or a combination.
Options:
Resolution of Support = 17 points
Resolution of No Objection = 14 points
Take no action
Staff Recommendation is to “Take No Action” Based on:
Requirement of Comp Plan amendment & Rezoning
Loss of future commercial development
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Serenity Woods – insufficient sewer capacity
Henry Florals, Mad House Development, presented a brief overview of the reasoning for traditional
Section 8 and Public Housing Programs. He explained that the HTC program provides private market
developers and equity providers with an incentive to invest in affordable rental housing. Further,
affordable housing is crucial for a community’s overall success, as it promotes inclusion, mitigates
gentrification, and encourages responsible economic growth.
Rick Deyoe, Real Tex, presented a brief overview of the Serenity Hills proposed mixed income new
construction senior housing community to be developed on a site located at the north side of Harvey
Road at Veterans Parkway. The project will consist of a total of 105 one- and two-bedroom senior
units.
MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Cunha,
the City Council voted two (2) for and five (5) opposed, with Mayor Nichols and Councilmember
Smith, Harvell, Yancy, and Maloney voting against, to support the Avanti Project for the location of
Serenity Woods. The motion failed.
MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Harvell,
the City Council voted seven (7) for and none (0) opposed, to take no action on the proposals received
in response to Request for Information 23-018 - Affordable Housing Development in College Station
through the Texas Department of Housing and Community Affairs 2023 9% Low-Income Housing
Tax Credit allocation process. The motion carried unanimously.
6.2. Presentation, discussion, and possible action regarding the nature of Electric Vehicle (EV)
Fast Charger stations and the City’s addition of a retail electric rate to address this new
customer type.
Glenn Gavit, Assistant Director of Electric, presented information on EV fast charging stations, which
can place large demands on the electric system infrastructure but may not use a corresponding large
amount of energy. He explained that these customers have the potential to exhibit a load factor which
is not accounted for in our current rate structure, and this can represent a risk to the electric utility’s
fixed cost recovery. College Station Utilities partnered with a consultant, NewGen Strategies &
Solutions, to develop a rate structure to appropriately address that risk.
Rate Ordinance
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Billing demand:
Billed for 100% of designed demand in the first month after service is initiated
Thereafter, billed monthly on the greater of the following:
1. Actual measured maximum demand for the month
2. 80% of peak actual measured demand over the preceding 12 months (on a rolling basis)
3. 50% of design demand
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.
Items 7.2 and 7.3 were pulled from Consent for clarification.
(7.2) Bryan Woods, City Manager, clarified that on the demands in the summer and the winter of the
market. When we buy power, we must project that out, watch the funds and adjust the rates as the
cost goes up. Jeff Kersten, Assistant City Manager, stated that the city used to purchase electricity at
different rates in the summer and winter which allowed for a different rate being passed on to the
customer for each season but that has not been the case for several years, so a single rate makes sense
now.
(7.3) Jeff Kersten, Assistant City Manager, clarified that the Utility Customer Service department is
undergoing a software upgrade as approved by Council. During configuration work, it was discovered
that the calculation of late charges and penalties in the software is different than the current flat
amount. To avoid costly change orders related to software customization, staff is recommending that
the ordinance be revised to be in alignment with the software calculation. The software
implementation date is tentatively scheduled to be completed in fiscal year 2024.
7.1. Presentation, discussion, and possible action of minutes for:
January 12, 2023 Council Meeting
7.2. Presentation, discussion, and possible action on Resolution No. 01-26-23-7.2 the First
Amendment to Resolution No. 08-25-22-8.4, that adopts fees, rates and charges as provided by
Chapter 2 “Administration”, Article V “Finance”, Division 2 “Fees, Rates and Charges” of the
Code of Ordinances, City of College Station, Texas.
7.3. Presentation, discussion, and possible action on Ordinance No. 2023-4416 amending
Chapter 40, “Utilities,” Article I, “In General,” 40-11 “Payment of Bills” of the Code of
Ordinances of the City of College Station, Texas, by amending certain sections relating to bill
payment; providing a severability clause; declaring a penalty; and providing an effective date.
7.4. Presentation, discussion, and possible action regarding Ordinance No. 2023-4417 amending
Chapter 40, "Utilities," Article III “Electric System,” Division 2 “Rate Schedules,” of the Code
of Ordinances of the City of College Station, Texas, by amending Section 40-322 “Electric Rate
Schedule TDA (transmission delivery adjustment)” and creating a new Section 40-326 “Electric
Rate Schedule EV (electric vehicle fast charger);” providing a severability clause and an
effective date.
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7.5. Presentation, discussion, and possible action on a $189,696 change order to the ten-year
master service agreement with Axon Enterprise, Inc. (“AXON”) for cameras and storage for
eight (8) additional patrol vehicles.
7.6. Presentation, discussion, and possible action regarding adoption of Resolution No. 01-26-
23-7.6 consenting to the issuance of bonds by the Brazos County Municipal Utility District No.
1 in an amount not to exceed $4,005,000 for water improvements.
7.7. Presentation, discussion, and possible action regarding the purchase of Advanced Metering
Infrastructure (AMI) electric meters for Electric warehouse inventory stock from Landis+Gyr
Technology, Inc. for an amount not to exceed $216,023.96.
7.8. Presentation, discussion, and possible action on approving annual purchases of auto parts,
shop equipment and services from NAPA Auto Parts through Purchasing Solutions Alliance
purchasing cooperative not-to-exceed amount of $180,000.
7.9. Presentation, discussion, and possible action on approving an annual blanket purchase
order for parts and repair labor for fire trucks from Siddons-Martin Emergency Group through
the BuyBoard Purchasing Cooperative not to exceed $250,000.
7.10. Presentation, discussion, and possible action on approving annual tire purchases and
retread services from Southern Tire Mart, LLC through the BuyBoard Purchasing Cooperative
(Contract 636-21) in the annual not-to-exceed amount of $310,000.
7.11. Presentation, discussion, and possible action regarding Resolution No. 01-26-23-7.11 the
repealing of Resolution No. 2-23-2006-10.13 that will sunset the Joint Relief Funding Review
Committee.
7.12. Presentation, discussion, and possible action regarding Resolution No. 01-26-23-7.12
accepting a $170,920.84 grant from the Office of the Governor for purchasing bullet resistant
shields for the police department.
7.13. Presentation, discussion, and possible action on revised Resolution No. 01-26-23-7.13
nominating FUJIFILM Diosynth Biotechnologies, LLC for designation by the Governor's Office
of Economic Development and Tourism as a Texas Enterprise Project and repealing resolution
number 10-13-22-8.11.
MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith,
the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items except for
Consent Item 7.2. The motion carried unanimously.
(7.2) MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember
Smith, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting
against, to approve the Consent Item 7.2 Resolution No. 01-26-23-7.2 the First Amendment to
Resolution No. 08-25-22-8.4, that adopts fees, rates and charges as provided by Chapter 2
“Administration”, Article V “Finance”, Division 2 “Fees, Rates and Charges” of the Code of
Ordinances, City of College Station, Texas. The motion carried.
8. REGULAR ITEMS
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8.1. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2023-4418
vacating and abandoning a 0.274-acre portion of a variable width Public Utility Easement, said
portion lying within Lot 2, Block 1, of the Traditions Subdivision Phase 23 according to the
easement recorded in Volume 13417, Page 155, of the Official Records of Brazos County, Texas.
Anthony Armstrong, Planning and Development, stated that the public utility easement abandonment
is being requested by the applicant because of a desire to add an additional building that is part of the
Fujifilm Campus Master Plan, Building 300. The previously existing water and electrical
infrastructure that was existing in the easements have been removed and rerouted making the easement
no longer necessary for the City’s use.
At approximately 7:30 p.m., Mayor Nichols opened the Public Hearing.
There being no further comments, the Public Hearing was closed at 7:30 p.m.
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 adopt Ordinance No. 2023-
4418, vacating and abandoning a 0.274-acre portion of a variable width Public Utility Easement, said
portion lying within Lot 2, Block 1, of the Traditions Subdivision Phase 23 according to the easement
recorded in Volume 13417, Page 155, of the Official Records of Brazos County, Texas . The motion
carried unanimously.
8.2. Presentation, discussion, and possible action regarding the award of a contract to Brazos
Paving, Inc. for base failure repairs and pavement reconstruction treatments in an amount not
to exceed $8,410,000. This item is for contracted equipment, labor, and materials for standard
maintenance activities associated with asphalt streets.
Emily Fisher, Public Works Director, stated that in response to bid 23-017, the city received four
competitive sealed bids for base failure repairs and road reconstruction treatments for the City of
College Station Street maintenance program. The contract is being awarded to the lowest qualified
bidder, Brazos Paving, Inc. for an amount not to exceed $8,410,000 and the contract term will be for
the period beginning January 26, 2023 through January 25, 2024 with the option of two additional
one-year renewals.
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 an award of a contract to Brazos
Paving, Inc. for base failure repairs and pavement reconstruction treatments in an amount not to exceed
$8,410,000. This item is for contracted equipment, labor, and materials for standard maintenance
activities associated with asphalt streets. The motion carried unanimously.
8.3. Presentation, discussion, and possible action regarding Resolution No. 01-26-23-8.3 forming
a CDBG Public Service Agency Funding Review Committee.
David Brower, Community Development Analyst, stated that at the January 12, 2023 meeting, City
Council directed staff to create a citizen volunteer review committee. The proposed resolution creates
a committee of no more than (6) members who will serve a staggered three (3) year terms. The
committee will work with a staff liaison to review applications eligible for Community Development
Block Grant funding and make recommendations to the City Council for approval wi th the Annual
Action Plan and Community Development Budget. Staff presented a brief overview of the application,
review, and allocation process the committee will utilize. The CDBG Public Service Agency Funding
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Review Committee will review and consider all funding requests for CDBG Public Service Agency
Funding and make appropriate recommendations to the Cit y Council for their consideration. The
Committee will allocate the allowable 15% of the annual Community Development Block Grant.
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 approve Resolution No. 01-26-
23-8.3 forming a CDBG Public Service Agency Funding Review Committee. The motion carried
unanimously.
8.4. Presentation, discussion, and possible action regarding appointments to the following
boards, committees, and commissions:
Architectural Advisory Committee
Audit Committee
B/CS Library Board
Bicycle, Pedestrian, and Greenways Advisory Board
Design Review Board
Zoning Board of Adjustments
(AAC) Architectural Advisory Committee
Jonathan Winkler for 2-year term
MOTION: Upon a motion made by Councilmember Smith, and a second by Councilmember Harvell,
the City Council voted seven (7) for and none (0) opposed, to appoint members as stated to the
Architectural Advisory Committee. The motion carried unanimously.
Audit Committee
Michelle McMillin for 2-year term
MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember Smith,
the City Council voted seven (7) for and none (0) opposed, to appoint members as stated to the Audit
Committee. The motion carried unanimously.
B/CS Library Board
Megan Wilson for 2-year term
Virginia Higdon for 2-year term
MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember
Wright, the City Council voted four (4) for and three (3) opposed, with Councilmember Smith, Cunha,
and Maloney voting against, to appoint members as stated to the B/CS Library Board. The motion
carried.
(BPG) Bicycle, Pedestrian, and Greenways Advisory Board
Position A: Dennis Jansen for 3-year term
Position B: Kathy Langlotz for 3-year term
Position D: Neo Jang for 1-year unexpired term
MOTION: Upon a motion made by Councilmember Wright, and a second by Councilmember
Harvell, the City Council voted seven (7) for and none (0) opposed, to appoint members as stated to
the Bicycle, Pedestrian, and Greenways Advisory Board. The motion carried unanimously.
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(DRB) Design Review Board
Position A4: Cameron Nicole Gallucci for 3-year term
Position A3: Barry David Ely for 3-year term
MOTION: Upon a motion made by Councilmember Yancy, and a second by Councilmember Smith,
the City Council voted seven (7) for and none (0) opposed, to appoint members as stated to the Design
Review Board. The motion carried unanimously.
(ZBA) Zoning Board of Adjustments
Alternate 2: Roger Winckler for 2-year term
MOTION: Upon a motion made by Councilmember Harvell, and a second by Councilmember
Wright, the City Council voted seven (7) for and none (0) opposed, to appoint members as stated to
the Zoning Board of Adjustments. 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.
Mayor Nichols spoke on the passing of Joe Ferrari and Jim Jett, honoring their service to this
community.
Councilmember Harvell spoke on the passing of Gary Ives, former member of the BCS Library Board
and Historic Preservation Committee.
Councilmember Maloney wanted to show appreciation to the Parks and Recreation Department.
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 Harvell reported on the Health Board.
Councilmember Smith reported on BVSWMA.
Councilmember Cunha reported on the (BPG) Bicycle, Pedestrian, and Greenways Advisory Board.
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12. Future Agenda Items and Review of Standing List of Council Generated Future Agenda
Items: A Council Member may make a request to City Council to place an item for which no
notice has been given on a future agenda or may inquire about the status of an item on the
standing list of council generated future agenda items. A Council Member’s or City Staff’s
response to the request or inquiry will be limited to a statement of specific factual information
related to the request or inquiry or the recitation of existing policy in response to the request or
inquiry. Any deliberation of or decision about the subject of a request will be limited to a
proposal to place the subject on the agenda for a subsequent meeting.
No future items at this time.
13. Adjournment.
There being no further business, Mayor Nichols adjourned the Meeting of the City Council at 8:17
p.m. on Thursday, January 26, 2023.
________________________
John P. Nichols, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary