HomeMy WebLinkAbout05/23/2022 - Regular Minutes - City CouncilCCM 052523 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
MAY 25, 2023
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
John Nichols, Mayor
Council:
Mark Smith - absent
William Wright
Linda Harvell
Elizabeth Cunha
Bob Yancy
Dennis Maloney
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Adam Falco, City Attorney
Leslie Whitten, Deputy City Attorney
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 May 25, 2023, in the Council Chambers of
the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840.
2. Executive Session Agenda.
In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real
Estate, and §551.074-Personnel, the College Station City Council convened into Executive Session at
4:01 p.m. on May 25, 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; and
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Kristin Marriott v. City of College Station, Cause No. 22-002259-CV-272, in the 272nd
District Court, Brazos County, Texas; and
SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of
College Station to Change Rates for Wholesale Transmission Services; and
Legal advice related to a 2016 Economic Development Agreement with Viasat, Inc.
2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit:
Approximately 12 acres of land generally located southeast of the intersection of Gateway
Boulevard and the State Highway 6 Frontage Road in the Business Center at College Station.
Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in
the Midtown Business Park.
2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer; to wit:
City Manager
Council Self-Evaluation
3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and City
Council will take action, if any.
Executive Session recessed at 6:09 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Maloney, the City Council voted six (6) for and none (0) opposed, to accept Councilmember Smith’s
absence request for May 25, 2023. The motion carried unanimously.
5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS.
5.1. Presentation proclaiming the week of May 21 - May 27, 2023, as National Public Works
Week.
Mayor Nichols presented a proclamation to the Public Works Department, proclaiming May 21-27,
2023 as National Public Works Week.
6. Hear Visitors Comments.
Jacque Flagg, College Station, came before Council to thank Council for their support of Unlimited
Potential and provided an update on their activities related to a potential facility in College Station.
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, 7.3, and 7.7 were pulled from Consent for clarification.
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(7.2 and 7.3) Emily Fisher, Director of Public Workers, explained that these are public streets and
should be prohibited on one side of the street to best accommodate emergency response. Mrs. Fisher
stated staff is considering ways to have more signs out for notification regarding the removal of
parking.
(7.7) Mary Ellen Leonard, Finance Director, explained that Goodwill Industries are owners of this
property and with the approval of this resolution Goodwill qualifies as a tax-exempt borrower since
they have a designation as a 501 (c)(3) charitable organization under the Internal Revenue Code. For
the loan to be tax exempt it must be approved by the City and Brazos County. The sole obligation to
repay the loan is that of Goodwill. The new loan also has no impact on any other bonds that the City
may issue in 2023.
7.1. Presentation, discussion, and possible action of minutes for:
May 15, 2023 Council Meeting
7.2. Presentation, discussion, and possible action regarding ordinance 2023-4436 amending
Chapter 38 “Traffic and Vehicles,” Article VI "Traffic Schedules," Section 38-1014 "Traffic
Schedule XIV, no parking here to corner and no parking any time" by removing parking on the
north side of Antone Court.
7.3. Presentation, discussion, and possible action regarding ordinance 2023-4437 amending
Chapter 38 “Traffic and Vehicles,” Article VI "Traffic Schedules," Section 38-1014 "Traffic
Schedule XIV, no parking here to corner and no parking any time" by removing parking on the
west side of Lemon Tree Lane between Cedar Run and the end of Lemon Tree Lane .
7.4. Presentation, discussion, and possible action regarding a landscape maintenance agreement
with the Texas Department of Transportation for the maintenance of landscape in certain areas
along FM 2818.
7.5. Presentation, discussion, and possible action on approving annual polymer purchases from
Polydyne, Inc. for an amount not to exceed $288,144.
7.6. Presentation, discussion, and possible action regarding purchasing bullet resistant shields
from M-Pak, Inc. for $172,707.47.
7.7. Presentation, discussion, and possible action on a resolution for Heart of Texas Goodwill
Industries to receive a tax-exempt loan related to their new store in College Station.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Wright, the City Council voted six (6) for and none (0) opposed, to approve the Consent Items. The
motion carried unanimously.
8. WORKSHOP ITEMS
8.1. Presentation, discussion, and possible action regarding a City Hall room use policy.
Item was pulled and moved to future agenda.
8.2. Presentation, discussion, and possible action regarding an update related to the Northeast
Trunkline Phase Four capital project.
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Jennifer Cain, Director Capital Projects, provided an update related to the Northeast Trunkline Phase
Four capital project.
Cooner Street Project
Scope:
Included the installation of approximately 400 LF of 12” Force Main, 1585 LF of 24” sanitary
sewer line, 1855 LF of 12” waterline, 1100 LF of RCP Storm drain ranging in size from 48”
to 18” in diameter, 2565 LF of new curb & gutter, and 7270 SY of HMAC removal and
replacement.
Timeline:
Construction Start: September 2014
Final Completion: September 2015
Cost:
Design: $302,092
Construction: $2,072,612
Northeast Trunkline Project goals
To Serve Growth on University Corridor/Northgate
To Serve Texas A&M Property, Including Hensel Park
Maintain TCEQ compliance
Investment to Date, $7.5 Million
Technical Components
Included in all routes:
24” to 30" Diameter Gravity Line
Approximately 7,300 - 11,200 Linear Feet (depending on route)
12” CIPP
CIPP (cured-in-place pipe) is a trenchless rehabilitation method used to repair existing
pipelines. It is a jointless, seamless pipe lining within an existing pipe.
Approximately 2,800 - 4,300 Linear Feet (depending on route)
Bore Pit (trenchless method only)
24’ to 30’ diameter
Included only for Chimney Hill route:
6.7 MGD Lift Station
Challenges for each Route
1. ROW Option: Rosemary/Beverly Estates
Property Owner Access During Construction
Easement Acquisition (10)
2. Chimney Hill/Lift Station
Highest Cost Option
Lift Station
o Risk
o On-going Maintenance
Property Owner Access During Construction
Easement Acquisition (11)
3. Pin Oak Creek Option: Rosemary Backlots – Not Recommended
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Easement Acquisition (26+)
Aerial crossing(s)
Additional studies – costs, time, etc.
Constructability – access, etc.
Potential Environmental impacts
Steven Maldonado, Assistant Director of Water Services, provided a brief overview of the Water &
Wastewater Capital Plan.
Annually Review Prioritization of Unfunded Capital Projects
Work Orders
Condition Assessments
Development & Economic Growth
Redevelopment & District Plans
O&M of Water Production and Wastewater Treatment Facilities
Public Works Streets Maintenance Plan & Unfunded Capital Projects
Capital Project Groups
Water Production
Water Transmission & Distribution
Wastewater Collection
Wastewater Treatment
Joint Street Rehabilitation
Future Steps - Design
Including but not limited to:
Additional Survey Work
Geotechnical Investigation
Environmental Study
Easement Acquisition
Subsurface Utility Engineering
Traffic Control/Access Plan
Jurisdictional Coordination
Tree Protection Plan
Public Communication/Engagement
At approximately 7:20 p.m., Mayor Nichols opened for Citizen Comments.
James Mulvey, Bryan, came before Council to share information related to a possible above ground
route for this sewage line. He stated that an additional line along the potential route will increase
potential flood risks and change the character of the neighborhood in the affected areas. In addition,
he thanked the council for maintaining an open floor for citizen comment.
Richard Miles, Bryan, came before Council with concerns about the proposed sewer project through
the Rosemary neighborhood. He questions the need for an underground line when the city already
operates several lift stations and urged council to engage a specialist to give an opinion on the impact
to trees along the route.
John Colvin, Bryan, stated that the presentation given by staff addressed his concerns.
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Janet Dudding, Bryan, stated that her home will be directly impacted by this trunkline project. She
has concerns about the impact of boring and the possible damage to existing lines in the area.
Brent Kelm, Bryan, stated that this project is for the benefit of College Station but will impact residents
in Bryan. He believes that the city did not act responsibly to plan for the financial costs of the project
so is choosing a less expensive route.
Scott Hickle, Bryan, provided information on the history and background of Beverly Estates Phases 4
Sewer Project. He questions the viability of the trees along the roadway if the city takes an
underground route and believes that home values are already going down in the area.
David Gardner, Bryan, thanked Council for allowing citizens to come and speak about concern with
both paths with the below and above ground routes. He would like to see a lift station used instead.
Mary Linne, Bryan, came before council to express her opinion that the city should not be trying to
save money at the expense of the citizens of Bryan who will be impacted by this proposed line.
Ronald Bruce Schmidt, Bryan, wants to remind the council that just because you have the ability to
do something does not mean it is the right thing to do. He urges the city to invest in a lift station
instead.
There being no further comments, the Citizen Comments was closed at 8:00 p.m.
Council concurred with staff on their recommendation on not move forward with Pin Oak Creek route.
REGULAR ITEMS
9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023-
4438 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 boundary from GS General Suburban to GS General
Suburban and ROO Restricted Occupancy Overlay on approximately 27.1 acres of land, being
39 lots within Southwood Phase 21, Blocks 3-6, generally located along Bee Creek Drive and
Southwood Drive.
Naomi Sing, Planning and Development, stated that this request is to rezone approximately 27.1 acres
being 39 lots within the Southwood Phase 21 subdivision from GS General Suburban to GS General
Suburban and ROO Restricted Occupancy Overlay. This request is to add a ROO, which is a single-
family overlay zoning district, to the existing base zoning within the Southwood Phase 21 subdivision
boundaries. The ROO is intended to provide subdivision-specific occupancy regulations – not to
exceed two unrelated persons per single-family dwelling or accessory living quarter. The Petition
Committee, comprised of Southwood Phase 21 homeowners, has met all requirements of the ROO
application process. The Petition Committee submitted the application materials including the ROO
petition that contained 25 total signatures. City staff were able to verify all 25 signatures, representing
64.1% of the subdivision in support of the requested ROO.
The Planning and Zoning Commission heard this item at their May 4, 2023, meeting and
recommended approval of the request 5-2.
At approximately 8.27 p.m., Mayor Nichols opened the Public Hearing.
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Applicant spoke on behalf of this request is to rezone approximately 27.1 acres being 39 lots within
the Southwood Phase 21 subdivision from GS General Suburban to GS General Suburban and ROO
Restricted Occupancy Overlay.
There being no further comments, the Public Hearing was closed at 8:44 p.m.
MOTION: Upon a motion made by Councilmember Wright, and a second by Councilmember
Harvell, the City Council voted five (5) for and one (1) opposed, with Councilmember Cunha voting
against, to adopt Ordinance No. 2023-4438, 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 boundary from GS
General Suburban to GS General Suburban and ROO Restricted Occupancy Overlay on approximately
27.1 acres of land, being 39 lots within Southwood Phase 21, Blocks 3-6, generally located along Bee
Creek Drive and Southwood Drive. The motion carried unanimously.
10. Council Calendar
Council reviewed the calendar.
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 sponsored by an entity
other than the City of College Station that is scheduled to be attended by a Council Member,
another city official or staff of the City of College Station; and announcements involving an
imminent threat to the public health and safety of people in the City of College Station that has
arisen after the posting of the agenda.
Councilmember Cunha reported on CSHS and CSAMH graduation ceremonies May 26, 2023.
Mayor Nichols recognized the retirement of Mike Martindale from CSISD and reported on the CTE
Building groundbreaking.
Councilmember Yancy reported on the upcoming Twin City Mission 60th Gala.
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)
Mayor Nichols reported on the Brazos Valley Economic Development new Director.
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
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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 th e subject of a request will be limited to a
proposal to place the subject on the agenda for a subsequent meeting.
Councilmember Yancy requested a future agenda item for a feasibility study on convention center.
14. Adjournment.
There being no further business, Mayor Nichols adjourned the Meeting of the City Council at 9:09
p.m. on Thursday, May 25, 2023.
________________________
John P. Nichols, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary