HomeMy WebLinkAbout09/28/2023 - Regular Minutes - City CouncilCCM 092823 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
SEPTEMBER 28, 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, 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 3:00 p.m. on September 28, 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, §551.074-Personnel, and Competitive Matters-551.086 the College Station City Council
convened into Executive Session at 3:00 p.m. on September 28, 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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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
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
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.
Property generally located west of Texas State Highway 6 and in between Harvey Road and
Holleman Drive.
Property generally located in the area of FM 60, Boyett Street, Church Ave. and College Main
Street.
2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer; to wit:
City Judge
City Secretary
City Auditor
City Attorney
City Manager
Council Self-Evaluation
2.4. Deliberation on a competitive matter as that term is defined in Gov’t Code Section 552.133;
to wit:
Power Supply
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 6:07 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
5. Hear Visitors Comments.
Luke Morrison, Student Senate, came before Council to advocate for housing affordability and extend
an offer to work with Council on the issue.
Ben Crockett, Student Senate, came before Council on the no more than four to change from criminal
to civil and give his opinion that this is not the way to manage student housing issues.
Andrew Applewhite, Student Senate, came before Council to give his opinion that student housing
violations should not be criminal offenses.
Robert Parr, College Station, came before Council regarding the disappointment in the loss of the
Texas Independence Ballpark fields and urge the Council to build fields elsewhere.
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Gale Norman, College Station, came before Council regarding Senior Citizens “ForeverSize” classes,
which are put on by the city. She stated that her late mother-in-law found these classes very enriching
and urged their continued support as many other seniors enjoy them.
Bob Brick, College Station, came before Council regarding Foxfire where he noticed Amazon Drones
flying over his home one morning and after watching 7 or more drones fly over, he is requesting that
someone on council convince him that it is not annoying.
Anthony Cipolla, Bryan, gave a background of his history in Bryan and College Station, then asked
Council to not support a trunkline in Rosemary.
Ann Mallard, Bryan, came before Council to state her concerns about potential bore pits in N.
Rosemary Drive, she believes this will scar the neighborhood and destroy trees.
Bjarne Rasmussen, Bryan, came before Council with an invitation for council to consider their legacy
when considering the Rosemary route for a sewer line.
Jes Linne, Bryan, stated it has been proven that other routes are cheaper, and the city has previously
stated not wanting to put in a lift station but contradicts itself since it has not taken Bryan up on its
offer to allow three lift stations to be eliminated by connecting to their sewer system.
Karen Smith, Bryan, came before to council to express how difficult the bore pits necessary to make
the 90-degree bend to S. Rosemary Dr. will be for her and her neighbors' access.
Mary Linne, Bryan, stated that the Rosemary citizens continue to ask for a survey study and
environmental impact study but nothing has been completed and so we do not know the consequences
of a Rosemary sewer line.
Tim Bryan, Bryan, came before Council to thank the council for their service and talk about right and
wrong during his time in the banking industry. He stated that in his experience doing the right
something sometimes costs a little more or is not the least expensive thing to do.
David Gardner, Bryan, came before Council giving his opinion that we do not know the consequences
of potential bores pits in Rosemary and requests the city look at other alternatives.
Scott Hickle, Bryan, stated his concerns about a Rosemary route for a potential sewer line and what
he believes are nine (9) easements it will take to complete it.
Lesley Walton, Bryan, spoke against a Rosemary sewer line route and cited the inconvenience to the
residents of her neighborhood.
David Bronstad, Bryan, believes there is no reason to choose the Rosemary route when the Chimney
Hill route is less expensive and keeps the impact in the city the sewer line will serve.
Robert Owens, Bryan, came before Council to speak about The Crossing redevelopment and that the
current and future needs of the city would be better served by a Chimney Hill route for a new sewer
line, not a Rosemary route.
6. CONSENT ITEMS
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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 6.4, 6.8 and 6.10 were pulled from Consent for clarification.
(6.4) Richard Mann, Fire Chief, explained that Section 11.1 refers to the list of items in Exhibit A.
This language specifies that if TAMUS incurs the upfront cost of those items, the City of College
Station will reimburse 80% within 30 days. Section 11.2 references the list of items in Exhibit A,
which TAMUS agrees to pay 20% above and beyond their equal share of ARFF operations between
CoCS, COB, Brazos County, and TAMUS. Faxes are rarely used by the City of College Station.
(6.8) Richard Mann, Fire Chief, explained the FY24 rate of $425 per incident, FY25 rate of $475 per
incident, FY26 rate of $525 per incident. Chief Mann also stated that we requested an agreement with
the City of Bryan in which either party would pay $550 per transport for the difference between aid
given and received annually. This agreement was rejected by City of Bryan staff, thus prompting the
transition to mutual aid. The proposed ILA with Brazos County is a cost-per-call based on an EMS
unit arriving on the scene and rendering treatment, regardless of whether transport is made or not. This
more adequately represents a charge based on the utilization of CSFD resources.
(6.10) Brian Piscacek, Economic Development Assistant Director, explained that the previous
agreement included a sponsorship of the Santa’s Wonderland lodging page which provided the option
for College Station hotels to offer a special deal, like a discounted rate. This was presented at no cost
to any hotel. This new agreement focuses more on preserving signage throughout the attraction and
adding additional marketing benefits via bus transportation from Post Oak Mall. As a result, Santa’s
Wonderland opened the lodging page to area hotels for individual sponsorships. We expect to
continue our partnership with College Station hotels by featuring special deals on our “Christmas in
College Station” webpage. Our marketing collateral will push visitors to that page, where they will
find those deals along with other Christmas specials, events, and activities.
6.1. Presentation, discussion, and possible action of minutes for:
September 14, 2023, Council Meeting
6.2. Presentation, discussion, and possible action regarding purchasing firefighter protective
clothing from NAFECO for $107,683.80.
6.3. Presentation, discussion, and possible action regarding City of College Station Excess
Liability and Workers’ Compensation Insurance, Property/Boiler & Machinery, Auto Property
Damage, Commercial Crime, Cyber Liability, Unmanned Aircraft Liability and Property
insurance policies for Fiscal Year 2024. FY24 premiums for all lines of coverage are not to
exceed $1,360,164.
6.4. Presentation, discussion, and possible action regarding an interlocal agreement with the
Texas A&M University System for aircraft rescue and firefighting personnel and equipment
requirements, operational responsibilities, command and control of th19e joint use fire station
facility at Easterwood Airport for $1,145,486 to be paid to the City through FY26.
6.5. Presentation, discussion, and possible action to the BVWACS Annual Operating &
Maintenance and Capital Budget.
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6.6. Presentation, discussion, and possible action on lease agreement with CTWP in the amount
of $262,641.13.
6.7. Presentation, discussion, and possible action regarding the rejection of all responses
received to RFP 23-072 - Patricia Promenade Area Rehabilitation.
6.8. Presentation, discussion, and possible action regarding an Interlocal Agreement with Brazos
County for EMS Ambulance service to the southern portion of Brazos County.
6.9. Presentation, discussion, and possible action regarding Resolution No. 09-28-23-6.9
authorizing the chief of police to execute the application and any documents necessary to receive
grant funding from the Office of the Attorney General of the State of Texa s for the Victim
Coordinator and Liaison Grant.
6.10. Presentation, discussion, and possible action regarding a sponsorship agreement with Land
of Lights, Inc., DBA Santa’s Wonderland, in the amount of $75,000.
6.11. Presentation, discussion, and possible action Resolution No. 09-28-23-6.11 on participating
in the MuniWatt program by joining the joint power purchase contract with MERC (Municipal
Energy Resources Corporation), MUNIWATT (Municipal Power Acquisition and Supply
Corporation), a Texas public facility corporation, and their Agent the City of La Grange, Texas.
MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember
Maloney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent Items.
The motion carried unanimously.
7. WORKSHOP ITEMS
7.1. Presentation, discussion, and possible action regarding Visit College Station's 2023
"Christmas in College Station" campaign.
Jeremiah Cook, Tourism Manager, provided an overview of highlights of the upcoming "Christmas
in College Station" campaign. Mr. Cook also presented the plan to increase tourism during the 2023
holiday season through marketing opportunities, engagement with local businesses, and a variety of
holiday-inspired events. Outreach includes a continued partnership with Santa’s Wonderland, a new
Aggieland Express holiday deals pass for visitors to earn prizes, digital displays, paid social media
advertising and search results, advertising on vehicles, and physical media. Events can also be
submitted to the city for inclusion on a calendar.
Scheduled events include:
Nov. 12 – Dec. 30: Santa’s Wonderland
Nov. 12: Kick-Off to Christmas in College Station
Nov. 12: Jingle Bell Market
Nov. 23 – Jan 1: Lights On - Christmas in The Park
Dec. 1 & 2: Christmas in The Park Event Weekend
Dec. 1 & 2: Nutcracker Ballet
Dec. 2: Breakfast with Blue Santa
Dec. 2: College Station Christmas Parade
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Dec. 2: St. Nick Fun Run
Dec. 3: Texas A&M Hotel Holly Jolly Holiday Market
Dec. 3: Jingle on The Green
Dec. 3: Merry & Bright, Maroon & White Holiday Stroll
Dec. 3: Holiday Spirit of Aggieland
Dec. 5 & 6: Cirque Dreams Holidaze
Dec. 9: Howdy Holly Days at Northgate
Dec. 10: The Holiday Pops Concert
Dec. 10: Aia Gingerbread Build-Off
Dec. 16: Holiday Artisan Market
8. REGULAR ITEMS
8.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023-
4469 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 M -1 Light Industrial to SC Suburban
Commercial for approximately 0.9663 acres located at 1601 Sebesta Road, generally located on
the north side of Sebesta Road across from Foxfire Drive.
Councilmember Yancy recused himself from this item and left Council Chambers.
Anthony Armstrong, Planning and Development, stated that this request is to rezone approximately
0.9663 acres of land generally located at 1601 Sebesta Road from M-1 Light Industrial to SC Suburban
Commercial. It is the applicant's intent to rezone this property to be in line with the Comprehensive
Plan to allow for more neighborhood commercial uses like retail sales.
Staff recommends approval of this rezoning request as it is in line with the Comprehensive Plan and
compatible with the surrounding area. The Planning and Zoning Commission heard this item at their
9/7/23 meeting and voted 7-0 to recommend approval.
At approximately 7:57 p.m., Mayor Nichols opened the Public Hearing.
There being no further comments, the Public Hearing was closed at 7:57 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Smith, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2023-4469,
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 M-1 Light Industrial to SC Suburban Commercial for approximately
0.9663 acres located at 1601 Sebesta Road, generally located on the north side of Sebesta Road across
from Foxfire Drive. The motion carried unanimously.
Councilmember Yancy returned to Council Chambers.
8.2. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023-
4470 amending the Comprehensive Plan to adopt the Northeast Gateway Redevelopment Plan,
to amend the planning areas description within Chapter 2. Distinctive Places, to amend the
Comprehensive Plan – Planning Areas Map, to amend the Comprehensive Plan – Future Land
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Use & Character Map, to amend the Comprehensive Plan – Functional Classification & Context
Class Map, and to amend associated maps in the Bicycle, Pedestrian, and Greenways Master
Plan including the Proposed Bicycle Facilities Map and the Proposed Pedestrian Facilities Map.
Matthew Ellis, Planning and Development, stated that the Northeast Gateway Redevelopment Plan,
an important priority project from the FY23 PDS Plan of Work, has been underway since November
2022. This item comes from Comprehensive Plan Action 2.2, to prioritize and undertake detailed small
area plans for priority areas. The planning effort invited participants to reimagine the area with a new
distinct identity that welcomes visitors and residents into the City of College Station. Plan goals
include incorporating vertical and horizontal mixed-uses, supporting existing commercial uses, and
providing a greater mix of housing options to support the growing population who seek to live, work,
and play near Texas A&M University.
Staff engaged the community throughout the planning effort by hosting six working group meetings,
two meetings on the Texas A&M University campus, two property and business owner meetings, four
area-wide meetings, and a virtual area-wide meeting, as well as a virtual engagement website to gather
community feedback. Additionally, staff directly engaged with property developers with significant
ties in the area and representatives from the Texas Department of Transportation on future mobility
projects in the planning area. City staff also coordinated internally to ensure the plan meets the needs
of all departments and maintains the City’s excellent services.
The Bicycle, Pedestrian, and Greenways Advisory Board heard this item at their September 18, 2023
meeting and recommended approval 7-0. The Planning and Zoning Commission heard this item at
their September 21, 2023 meeting and recommended approval 5-0.
At approximately 8:15 p.m., Mayor Nichols opened the Public Hearing.
There being no further comments, the Public Hearing was closed at 8:15 p.m.
MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember
Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-
4470, amending the Comprehensive Plan to adopt the Northeast Gateway Redevelopment Plan, to
amend the planning areas description within Chapter 2. Distinctive Places, to amend the
Comprehensive Plan – Planning Areas Map, to amend the Comprehensive Plan – Future Land Use &
Character Map, to amend the Comprehensive Plan – Functional Classification & Context Class Map,
and to amend associated maps in the Bicycle, Pedestrian, and Greenways Master Plan including the
Proposed Bicycle Facilities Map and the Proposed Pedestrian Facilities Map . The motion carried
unanimously.
8.3 Presentation, discussion, and possible action regarding Ordinance No. 2023-4471 amending
Chapter 8, “Businesses,” Article V, “Home Solicitation, Itinerant Vendors, and Texas A&M
University Ticket Reselling,” regarding itinerant vendors.
Billy Couch, Police Chief, stated that this suggested modification cleans up the exemption language
for charitable organizations and regulates the location and time they can operate as itinerant vendors.
Specifically, this modification removes the "twice per year" caveat which currently cannot be tracked
or enforced with the exemptions extended to charitable organizations. It maintains a charitable
organization's ability to be exempted from the application process, obtaining permits, and payment of
the permit fee and bonds. This modification prohibits a charitable organization from operating on
public/city-owned property without written consent from the City Manager. Specifically, to Northgate,
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it restricts the hours a charitable organization can operate as an itinerant vendor to be co nsistent with
bar and mobile food vendor operating hours.
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 adopt Ordinance No. 2023-4471,
amending Chapter 8, “Businesses,” Article V, “Home Solicitation, Itinerant Vendors, and Texas A&M
University Ticket Reselling,” regarding itinerant vendors. The motion carried unanimously.
8.4. Presentation, discussion, and possible action regarding Ordinance No. 2023-4472 amending
Chapter 26, “Miscellaneous Provisions and Offenses,” Section 26-8, “Noise" regarding noise in
Northgate.
Billy Couch, Police Chief, stated that this recommended ordinance amendment sets a sound level
standard for the Northgate Entertainment District of 76 decibels between the hours of 10:01 pm and
6:59 am. This also recommends prohibiting the use of speakers or amplifiers from being used towards
public space. The purpose of this ordinance amendment is to reduce the levels of noise in th e public
spaces of Northgate.
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 adopt Ordinance No. 2023-4472,
amending Chapter 26, “Miscellaneous Provisions and Offenses,” Section 26-8, “Noise" regarding
noise in Northgate. The motion carried unanimously.
8.5. Presentation, discussion, and possible action regarding Ordinance No. 2023-4473 repealing
Chapter 8 “Businesses”, Article IX, “Northgate Outdoor Dining and Entertainment” regarding
Northgate outdoor dining permits.
Billy Couch, Police Chief, stated that the outdoor dining boxes currently permitted in Northgate
occupy public space and reduce the amount of space available for pedestrian traffi c. This
recommendation repeals the ordinance permitting these boxes and will allow for their removal. From
a safety standpoint the desired result is to prevent public space from becoming obstructed,
concentrating intoxicated persons (which leads to fights/assaults), and inhibiting emergency
responses.
Bobby Grabowski, College Station, came before council as the owner of multiple businesses in the
Northgate area to request that some kind of space be reserved for the “dinning boxes.”
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. 2023-4473,
repealing Chapter 8 “Businesses”, Article IX, “Northgate Outdoor Dining and Entertainment”
regarding Northgate outdoor dining permits. 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;
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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 Memb er,
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 recognized the passing of Former Councilmember Nancy Crouch and Former Mayor Lorence
Bravenec.
Councilmember Harvell recognized the Code Enforcement Department for a presentation at the
Neighborhood Seminar Super.
Councilmember Maloney spoke on a Farmers Market at Post Oak Mall.
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)
Councilmember Yancy reported on the Board of Health.
Tanya Smith, City Secretary reported on opening applications for Citizen Committees, Boards, and
Commissions.
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.
No future items at this time.
14. Adjournment.
In accordance with the Texas Government Code §§551.074-Personnel, the College Station City
Council reconvened into Executive Session at 9:25 p.m. on September 28, 2023, to continue
discussing matters pertaining to:
Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or
dismissal of a public officer; to wit:
City Attorney
Executive Session recessed at 10:06 p.m. No action was taken.
There being no further business, Mayor Nichols adjourned the meeting of the City Council at 10:06
p.m. on Thursday, September 28, 2023.
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________________________
John P. Nichols, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary