HomeMy WebLinkAbout11/09/2023 - Regular Minutes - City CouncilCCM 110923 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
NOVEMBER 9, 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 4:00 p.m. on November 9, 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, §551.086-Competitive Matters, and the College Station City Council
convened into Executive Session at 4:00 p.m. on November 9, 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
CCM 110923 Minutes Page 2
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
Cynthia Hopkins & Geoffry Hopkins v. City of College Station, Cause No. 23-002880-CV-85
in the 85th District Court, Brazos County Texas.
CBL & Associates Management, Inc. v. City of College Station, Cause No. 23-003159-CV-
85 In The 85th District Court, Brazos County Texas.
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.
Approximately 11.6 acres of land generally located near the intersection of Gateway Boulevard
and Lakeway Drive.
2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline,
or dismissal of a public officer; to wit:
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 6:45 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS.
5.1. Presentation proclaiming November 2023 as Diabetes Awareness Month.
Mayor Nichols presented a proclamation marking November 2023 as “Diabetes Awareness Month”
to Allie Crawford, Townes Luther, Laurel Siegmund, Presten Green and all Type 1 Diabetics in
attendance.
5.2. Presentation proclaiming November 11th as Veterans Day.
Mayor Nichols presented a proclamation of November 11th as “Veterans Day” to Johnathan Baird and
all Veterans in attendance.
6. Hear Visitors Comments.
CCM 110923 Minutes Page 3
No one signed up to speak at this time.
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.
No items pulled for discussion.
7.1. Presentation, discussion, and possible action of minutes for:
October 26, 2023, Council Meeting
7.2. Presentation, discussion, and possible action regarding the purchase of 10
Monitor/Defibrillators 12-lead ECG from Zoll Medical Corporation for $331,122.
7.3. Presentation, discussion, and possible action Resolution No. 11-09-23-7.3 authorizing the
Chief of Police as the authorized official to execute documents necessary for the release of grant
funds from the Office of the Governor Homeland Security Division for SWAT team night vision
equipment.
7.4. Presentation, discussion, and possible action regarding Resolution No. 11-09-23-7.4
accepting a $239,279.10 grant from the Office of the Governor for purchasing rifle resistant
body armor for the Police Department and City Marshalls.
7.5. Presentation, discussion, and possible action on the purchase of electric transmission and
related materials from KBS Electrical Distributors, not to exceed $818,085.60.
7.6. Presentation, discussion, and possible action on three (3) Master Agreements for
Professional Surveying Services with: Baseline Corporation, not to exceed $100,000; Kerr
Surveying, LLC, not to exceed $20,000; and Walker Partners, LLC, not to exceed $20,000.
7.7. Presentation, discussion, and possible action on a Construction Contract with Larry Young
Paving, Inc. in the amount of $1,719,810.25 for construction services for the Luther Street
Rehab-Marion Pugh to Penberthy Project, plus the City’s contingency in the amount of $220,000
for a total appropriation of $1,939,810.25. Approval of this item grants authority for the City
Manager to authorize project expenditures up to the City's contingency amount.
7.8. Presentation, discussion, and possible action on a Professional Services Agreement with
Freese and Nichols, Inc. in the amount of $520,520 for the Alum Creek Trunkline Project.
7.9. Presentation, discussion, and possible action on approval of the 2023 Property Tax Roll in
the amount of $70,766,287.79.
7.10. Presentation, discussion, and possible action on Contract with Freeit Data Solutions, Inc.
in the amount of $421,016.30 for additional Rubrik data storage.
CCM 110923 Minutes Page 4
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 approve the Consent Items.
The motion carried unanimously.
8. WORKSHOP ITEMS
8.1. Presentation, discussion, and possible action regarding truck and trailer parking.
Randall Smith, City Engineer, provided a follow-up presentation regarding truck parking within the
city limits, including where trucks are currently parking, actions taken since the previous presentation,
a summary of the public meeting and what options are available.
Current Ordinance and Procedure
City ordinance prohibits Commercial Vehicle parking on “residential streets in residential
areas” (Code of Ord - 38.43(b))
Commercial Vehicle parking allowed on collector streets w/o bike lanes and NOT in
residential areas.
Current response is based on resident complaint and safety investigation by Traffic
Engineering and Traffic Management Team
Council Direction Requested (Options)
1. Prohibit Commercial Vehicle parking citywide.
2. Prohibit unattached/unattended Commercial Trailers.
Currently prohibited in residential areas.
3. Prohibit Commercial Vehicle parking within 30 feet of a driveway citywide.
Mayor Nichols opened for Citizens Comments.
Tammie Preston-Phillips, College Station, stated that Council needs to think of the needs of
drivers/truckers because they must worry about their DOT time that they are require by law to stop
after 11 hours of driving, or they would fine if they do not park.
There being no further comments, the Citizen Comments was closed.
Majority of the Council directing staff to move forward with Option No. 1 – Prohibit Commercial
Vehicle parking citywide but with a delay to allow an adjustment time and for the private sector to
look at a possible truck parking area.
Council directed staff to notify truckers two and one week prior before the meeting, along with public
meeting signs.
8.2. Presentation, discussion, and possible action regarding a Capital Projects Update.
Jennifer Cain, Capital Projects Director, provided an update on Capital Projects. The current capital
projects are:1207 Texas Avenue Renovation, American Pavilion Structural Repairs, Bachmann Little
League and Senior League, Bee Creek and Central Park Tennis Courts, Bee Creek Phase 3, and Bird
Blinds at Lick Creek Park.
CCM 110923 Minutes Page 5
Bond Projects
Current, Future, and On-Going Projects Completion
Greens Prairie Widening from Dalton (City Limits to Arrington Rd) Fall 2023
George Bush Separated Bike Lanes Spring 2024
Luther Street Rehab Late 2024
Bee Creek Trunkline Phase III Fall 2024
Lincoln Avenue Rehab Late 2025
Rock Prairie Road West Widening (Wellborn Rd to City Limits) Spring 2024
Rock Prairie Road East Widening (Town Lake to WD Fitch) Fall 2027
McCulloch Utility Rehab Summer 2024
Fuel Station at Arnold Road December 2023
CSU Entry Remodel Spring 2024
Lick Creek Hike & Bike Trail Improvements October 2023
Deacon/Cain Railroad Crossing Early 2024
Krenek Tap Rehabilitation Fall 2025
Victoria Avenue Roundabouts Starts in 2025
Holleman Drive West / Jones Bulter Road Roundabout Spring 2026
Marion Pugh Drive Rehab Fall 2026
Rock Prairie Road Widening (State Hwy 6 to Town Lake) Late 2025
Drainage Improvements at University Oaks and Stallings Spring 2024
College Heights Utility Rehab Starts in 2025
Sandy Point Pump Station Site Improvements December 2023
Aggie Field of Honor Cemetery Sales & Maintenance Shop June 2023
Southeast Park Undetermined
9. REGULAR ITEMS
9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023-
4482 vacating and abandoning two public utility easements at 1115 Anderson Street, the first
being a portion of a 15-foot-wide public utility easement located in the Crawford Burnett
Survey, Abstract 7, College Station, Brazos County, Texas, and being a portion of the easement
described by centerline in Volume 1364, Page 195 of the Official Records of Brazos County,
Texas, and the second being a portion of a 20-foot-wide public utility easement located in the
CCM 110923 Minutes Page 6
Crawford Burnett Survey, Abstract 7, College Station, Brazos County, Texas and being a
portion of the easement described by centerline in Volume 468, Page 92 of the Deed of Records
of Brazos County, Texas.
Gillian Sitler, Planning and Development, stated that the public utility easement abandonments are
being requested by the applicant because of a change in use and layout of the site. The originally
dedicated easements were previously utilized for electrical utility service to the building on the tract
that has since been abandoned and demolished. It was determined by the City of College Station and
the applicant that the proposed use for the site would best be served with underground electrical utility
lines. The public utility easements are generally 15-foot wide, extending 119 feet from the north corner
of the called 2.805-acre tract, and generally 20-foot wide, extending 121 feet from the north corner of
the called 2.805-acre tract.
At approximately 8:40 p.m., Mayor Nichols opened the Public Hearing.
There being no further comments, the Public Hearing was closed at 8:40 p.m.
MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember
Yancy, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-4482,
vacating and abandoning two public utility easements at 1115 Anderson Street, the first being a portion
of a 15-foot-wide public utility easement located in the Crawford Burnett Survey, Abstract 7, College
Station, Brazos County, Texas, and being a portion of the easement described by centerline in Volume
1364, Page 195 of the Official Records of Brazos County, Texas, and the second being a portion of a
20-foot-wide public utility easement located in the Crawford Burnett Survey, Abstract 7, College
Station, Brazos County, Texas and being a portion of the easement described by centerline in Volume
468, Page 92 of the Deed of Records of Brazos County, Texas. The motion carried unanimously.
9.2. Presentation, discussion, and possible action regarding an amendment to a contract with
LULAC Oak Hill, Inc. to provide additional funding in the amount of $585,675 of Community
Development Block Grant funds for additional funding needed for the complete rehabilitation
of LULAC Oak Hill Apartments located at 1105 Anderson.
Debbie Eller, Director of Community Services, stated that in April 2021 the City Council approved a
Section 108 Loan application to the U. S. Department of Housing and Urban Development (HUD) for
the LULAC Oak Hill Apartment Rehabilitation Project. The loan in the amount of $2,808,000 was
approved by HUD in August 2021. The loan with LULAC Oak Hill, Inc. closed and a contract for
funding was executed on October 20, 2023. Staff explored an increase in the original Section 108
loan amount of $2,808,000 that was approved in 2021 but HUD responded that the amount was not
able to be increased as the new request was in a different year than the original loan. Receiving
additional funds would require submission of a new loan application. Based on the amount of time to
complete the initial loan process, staff reviewed the CDBG funds available and the anticipated
expenditures of other projects and determined that allocating additional funds to LULAC would meet
the goals identified in the Consolidated Plan and help in meeting the required expenditure
requirements.
LULAC Oak Hill apartments is a 50-unit complex that was developed in 1978 for elderly, low-income
renter households. The rehabilitation project will be extensive and include interior, exterior, common
areas, parking, and amenities, essentially making the apartment complex "like new". The total cost of
the complete renovation is $3,700,569.69. This equates to $74,011 per unit. The Land Use Restriction
Agreement will remain in place for 20 years and ensure that LULAC Oak Hill Apartments will be
CCM 110923 Minutes Page 7
available for low-income elderly renters for the entire time. $585,675 in Community Development
Block Grant funds is included in the FY2024 Community Development Budget in Rental Housing
Rehabilitation.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Wright,
the City Council voted six (6) for and one (1) opposed, with Councilmember Yancy voting against, to
approve an amendment to a contract with LULAC Oak Hill, Inc. to provide additional funding in the
amount of $585,675 of Community Development Block Grant funds for additional funding needed
for the complete rehabilitation of LULAC Oak Hill Apartments located at 1105 Anderson. The motion
carried.
9.3 Presentation, discussion, and possible action on Resolution No. 11-09-23-9.3 of the City
Council of the City of College Station, Texas, determining that a public utility easement
containing approximately 0.449 acres of land is needed and needs to be acquired from Clarke
& Wyndham, Inc.; Real Alchemy, L.P.; Real Alchemy 1, L.P.; and JPJ Inv estments for the
construction, operation, and maintenance of a public utility easement, as a part of the utility
relocations required by the upcoming widening of State Highway 6 by the Texas Department of
Transportation ("TxDOT"); and authorizing the institution of eminent domain proceedings.
Jennifer Cain, Capital Projects Director, stated that TxDOT is currently designing a project to widen
State Highway 6, from State Highway 21 in Bryan to just north of State Highway 40 in College Station.
Construction of the TxDOT project is planned to begin in July 2024 and utilities must be relocated as
soon as possible to facilitate TxDOT’s proposed construction schedule. An initial offer of $57,236
which was based on an appraisal report completed by Allen, Williford & Seale Inc., was made for the
needed easement on April 26, 2023 and a final offer was made on October 23, 2023. The representative
for the landowners is unwilling to enter negotiations with the City. Therefore, acquisition by eminent
domain is needed to acquire the easement in a timely manner. An approved budget is included for
this project in the Electric Fund. There is a sufficient balance remaining for this easement acquisition
and future costs.
MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember Wright,
the City Council voted six (6) for and one (1) opposed, with Councilmember Yancy voting against, to
approve Resolution No. 11-09-23-9.3, authorizing the use of the power of eminent domain to acquire
the public utility easement described in said resolution for the College Station utility relocation project
required by TXDOT’s upcoming project to widen Highway 6. The motion carried.
Recorded Vote
Mayor Nichols – aye
Councilmember Smith – aye
Councilmember Wright – aye
Councilmember Harvell – aye
Councilmember Cunha – aye
Councilmember Yancy – nay
Councilmember Maloney - aye
9.4. Presentation, discussion, and possible action on Resolution No. 11-09-23-9.4 of the City
Council of the City of College Station, Texas, determining that a public utility easement
containing three parcels, totaling approximately 1.49 acres of land, is needed and needs to be
acquired from POM-College Station, LLC, for the construction, operation, and maintenance of
a public utility easement, as a part of the utility relocations required by the upcoming widening
CCM 110923 Minutes Page 8
of State Highway 6 by the Texas Department of Transportation ("TxDOT"); and authorizing
the institution of eminent domain proceedings.
Jennifer Cain, Capital Projects Director, stated that TxDOT is currently designing a project to widen
State Highway 6, from State Highway 21 in Bryan to just north of State Highway 40 in College Station.
Construction of the TxDOT project is planned to begin in July 2024 and utilities must be relocated as
soon as possible to facilitate TxDOT’s proposed construction schedule. POM-College Station, LLC,
the landowner, has requested condemnation of the needed easements to facilitate and expedite
acquisition due to required lienholder consent, as well as the consent of multiple tenants. The
landowner has indicated that they are agreeable to the initial offer of $467,057, which was based on
an appraisal report completed by Allen, Williford & Seale Inc., for the three easements. A budget of
$1,480,000 is included in the Water Capital Improvement Project Fund (WA2205). A total of
$367,144 has been expended or committed to date, leaving a balance of $1,112,856 for this easement
acquisition ($10,944 plus associated costs) and future costs.
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 Resolution No. 11-09-23-9.4,
authorizing the use of the power of eminent domain to acquire the public utility easement described
in said resolution for the College Station utility relocation project required by TXDOT’s upcoming
project to widen Highway 6. The motion carried unanimously.
Recorded Vote
Mayor Nichols – aye
Councilmember Smith – aye
Councilmember Wright – aye
Councilmember Harvell – aye
Councilmember Cunha – aye
Councilmember Yancy – aye
Councilmember Maloney - aye
9.5. Presentation, discussion, and possible action regarding a Real Estate Contract with HFLPI-
College Station LLC for the sale of approximately 11.642 acres in the College Station Business
Center generally located near the intersection of Gateway Boulevard and Lakeway Drive for
the price of $3,489,000.
Brian Piscacek, Economic Development Manager, stated that comprising the southwest corner of the
intersection of Gateway Boulevard and Lakeway Drive and adjacent to State Highway 6, Lot 1R is a
5.635-acre lot, and Lot 2 is a 6.007-acre lot in Block 6, Phase Two of the College Station Business
Center. The real estate contract is for the sale of the property to HFLPI-College Station, LLC for
$3,489,000 with proposed uses including warehousing/distribution and office.
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 a Real Estate Contract
with HFLPI-College Station LLC for the sale of approximately 11.642 acres in the College Station
Business Center generally located near the intersection of Gateway Boulevard and Lakeway Drive for
the price of $3,489,000. The motion carried unanimously.
10. Council Calendar
Council reviewed the calendar.
CCM 110923 Minutes Page 9
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 oth er 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 att ended 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 Yancy recognized TAMU and the use of their facility and Santas Wonderland.
Mayor Nichols recognized Councilmember Cunha for receiving the VIVA award from the College
Station Rotary Club.
Councilmembers Maloney reported on being recognized by the Governor for College Station
becoming the 51st Music Friendly Texas City.
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 at this time.
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.
Nothing to report at this time.
14. Adjournment.
There being no further business, Mayor Nichols adjourned the meeting of the City Council at 9:17
p.m. on Thursday, November 9, 2023.
________________________
John P. Nichols, Mayor
ATTEST:
___________________________
Tanya Smith, City Secretary