HomeMy WebLinkAbout04/11/2024 - Regular Minutes - City CouncilCCM 041124 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
APRIL 11, 2024
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 April 11, 2024, 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
Property and §551.074-Personnel, and the College Station City Council convened into Executive
Session at 4:01 p.m. on April 11, 2024, to continue discussing matters pertaining to:
2.1. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to
wit:
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
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.
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CBL & Associates Management, Inc. v. City of College Station, Cause No. 23-003159-CV-
85 In The 85th District Court, Brazos County Texas.
City of College Station v. POM-College Station, LLC and Wells Fargo Bank, National
Association, Cause No. 628-CC, in the County Court at Law No. 1 of Brazos County, Texas.
City of College Station v. Clarke and Wyndham, Inc., Real Alchemy, L.P., Real Alchemy 1,
L.P., JPJ Investments, a Texas General Partnership, Cause No. 629-CC, in the County Court
at Law No. 1 of Brazos County, Texas.
Legal advice related to Local Government Code Chapter 145 Financial Statements.
2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit:
Approximately 12 acres of land in the College Station Business Center at the intersection of
Gateway Boulevard and State Highway 6.
Property generally located in the area of FM 60, Boyett Street, Church Avenue, and College
Main Street.
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 6:30 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
5. Hear Visitors Comments.
Sherry Frisk, College Station, came before Council to report on the status of the Texas State Historic
Marker for the City of College Station.
Peter Bastian, College Station, came before Council regarding the Amazon Drone facility in his
neighborhood. Mr. Bastian stated that Amazon has not come out to visit any of his neighbors to discuss
concerns raised at the February Council meeting.
Luke Morrison, College Station, came before Council to speak on occupancy restrictions (no more
than four) that he feels target students and to thank Council for their support of Texas A&M Student
Government. He introduced Campbell Gattis who will be stepping into his role as Chairman of the
Community Relations Committee.
Campbell Gattis, College Station, came before Council to introduce herself as she transitions into the
Chairman of the Community Relations Committee position in Texas A&M Student Government.
Corbitt Armstrong, College Station, came before Council regarding city occupancy restrictions and
stated that they do not create unity in College Station with the Texas A&M students. He stated that
students are losing their right with strict enforcement of the ordinances coming in June.
Marcus Glass, College Station, came before Council on how the enforcement of occupancy restrictions
will exacerbate local housing issues and requested that Council delay enforcement.
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Andrew Applewhite, College Station, came before Council regarding occupancy restrictions on behalf
of the student population. He stated that students are unified in opposition of occupancy restrictions
and will continue to be because there is not enough affordable housing. He requested Council
postpone enforcement until capacity and affordability has been addressed.
Ben Crockett, College Station, came before Council to request postponing the enforcement of
occupancy restrictions and provided an example of a group of students that just signed a lease before
knowing about the local law. If this law is enforced they will be in violation and have to leave their
rental property.
Ava Blackburn, College Station, came before Council to state that if the city wants to effectively
enforce occupancy restrictions then the city should first address affordable housing and lowering the
cost of living.
6. 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 6.2 and 6.3 were pulled from Consent for clarification.
(6.2) Jennifer Cain, Capital Project Director stated that a deducted change order that the money will
come back into the general fund.
(6.3) Councilmember Cunha requested this item being pulled for a separate vote and stated she will
be abstaining due to the contract not being included in the agenda packet.
6.1. Presentation, discussion, and possible action of minutes for:
March 28, 2024 Council Meeting
6.2. Presentation, discussion, and possible action regarding a deductive change order with
Johnson & Pace, Inc. for a credit of $106,017.72 for the design of the Fleet Fuel System
Rehabilitation Project.
6.3. Presentation, discussion, and possible action on a construction contract with Elliot
Construction, LLC. for the Well Field Collection Line Rehabilitation Phase One project for
$864,440 plus the City’s contingency amount of $85,560 for a total appropriation of $950,000.
Approval of this item grants authority for the City Manager to authorize expenditures up to the
City’s contingency amount.
6.4. Presentation, discussion, and possible action regarding a professional services contract with
The Arkitex Studio, Inc. for $245,300 for the CSU Office/Lab Building Project.
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 approve the Consent Items with
the exceptions of Item 6.3. The motion carried unanimously.
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(6.3) MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember
Maloney, the City Council voted six (6) for and none (0) opposed, with Councilmember Cunha
abstaining, to approve Consent Item 6.3. The motion carried unanimously.
7. WORKSHOP ITEMS
7.1. Presentation, discussion, and possible action regarding proposed updates to the City’s
Drought Contingency and Water Conservation Plans.
Jennifer Nations, Water Services Program Coordinator, stated that the Drought Contingency Plan
serves as a response to temporary water supply shortages and sets targets for water use reductions.
The Water Conservation Plan comprises strategies aimed at achieving water conservation targets and
goals. She explained that the proposed 2024 Drought Contingency and Water Conservation Plans
feature enhancements intended to improve water demand reduction and address system strains during
periods of heightened water demand or emergencies. Both plans are subject to renewal and submission
to regulatory agencies every five (5) years.
Drought Contingency Plan
Strategy for responding to temporary water supply shortages and/or increased water demand
Must include:
o Triggers for each drought response stage
o Specific, quantified targets for water use reductions
o Procedures for notification, enforcement, & variances
o Process for public input & education
Included in Code of Ordinances
Water Conservation Plan
Long-term strategy to reduce consumption of water, improve efficiency, and/or increase water
reuse
Must include:
o Quantified five-year and ten-year conservation goals
o Best Management Practices (BMPs) to meet conservation goals
o Program for public education
Adopted by City Council Resolution (not an ordinance)
Proposed Drought Plan Stages
Year-round water use management when not in drought stage
Stage 1 – High Water Demand
Stage 2 – Severe Water Demand
Stage 3 – Extreme Water Demand
Stage 4 – Water Supply Emergency
o Triggered if water system fails or is contaminated; reached immediately
Summary of Changes
Added third drought stage based on water demand
Monitor water demand and production capacity on a 7-day average
Clarified criteria for essential and non-essential water use in each stage of the plan
o Essential: to sustain life; meet public health/safety/environmental requirements
o Non-essential: includes irrigation, washing of vehicles/hard surfaces/buildings; single
pass splash pads; failure to repair leak; water from hydrants for dust control
Schedule for irrigation of new landscapes during Stage 1
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7.2. Presentation, discussion, and possible action regarding the annual traffic contact report
required by Senate Bill 1074 of the Texas 77th legislative session.
Billy Couch, Police Chief, stated that each year, in an effort to remain transparent to our community,
the police department employs an independent consultant to analyze traffic contact data and develop
this report. The report indicates that the department is in compliance with state law and con tinues to
employ best practice strategies. Since January 1, 2002, the College Station Police Department, in
accordance with Texas Racial Profiling Law (SB No. 1074), has been required to implement and
mandate policy and procedures to satisfy the requirements of the law.
Summary of Findings
While annual variance can be expected due to the ever-changing environment, a historical
review of data reveals remarkable similarities in data analysis across 10 years of data.
Overall, the comprehensive analysis of data demonstrates that the College Station Police
Department has complied with the Texas Racial Profiling Law and all of its requirements.
8. REGULAR ITEMS
8.1. Presentation, discussion, and possible action on a construction contract with Larry Young
Paving, Inc. for $9,362,556.25 for the Lincoln Avenue Rehab Project, plus the City’s contingency
in the amount of $1,400,000 for a total appropriation of $10,762,556.25 and Resolution No. 04-
11-24-8.1 Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt.
Approval of this item grants authority for the City Manager to authorize project expenditures
up to the City's contingency amount.
Jennifer Cain, Capital Projects Director, stated that the project involves the construction of
approximately 6,900 linear feet of improvements on Lincoln Avenue from Texas Avenue to
University Drive. The existing asphalt road will be replaced with concrete pavement with curb and
gutter with a shared use path on both sides of Lincoln Avenue. The project was bid via competitive
sealed proposal (CSP) on January 23, 2024, bid 24-024. Five (5) sealed bids were submitted. After
evaluation and interviews, Larry Young Paving, Inc. offered the best value for the city based on the
published selection criteria. The base bid was accepted.
The project is proposed to begin in June of 2024 and is contracted to take 425 calendar days to
complete. A combined budget in the amount of $12,275,400 is included in the Streets, Water, and
Wastewater Capital Projects Fund. A combined total of $1,360,356 has been expended or committed
to date, leaving a balance of $10,915,044 for this contract and related costs. The “Resolution Declaring
Intention to Reimburse Certain Expenditures with Proceeds from Debt” is necessary for this project
because of the long-term debt projected to be issued for this project has not yet been issued. The debt
for the project is scheduled to be issued at a later date.
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 a construction contract with
Larry Young Paving, Inc. for $9,362,556.25 for the Lincoln Avenue Rehab Project, plus the City’s
contingency in the amount of $1,400,000 for a total appropriation of $10,762,556.25 and Resolution
No. 04-11-24-8.1 Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt.
Approval of this item grants authority for the City Manager to authorize project expenditures up to the
City's contingency amount. The motion carried unanimously.
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8.2. Presentation, discussion, and possible action regarding a construction contract with Dudley
Construction, Inc. in the amount of $10,976,992.30 for the Carter Creek WWTP Diversion Lift
Station and Force Main, plus the City’s contingency amount of $1,000,000 for a total
appropriation of $11,976,992.30 for this project and Resolution No. 04-11-24-8.2 Declaring
Intention to Reimburse Certain Expenditures with Proceeds from Debt. Approval of this item
grants authority for the City Manager to authorize project expenditures up to the City’s
contingency amount.
Jennifer Cain, Capital Projects Director, stated that as the University Corridor area continues to
develop, sewer flows to the Carter Creek Wastewater Treatment Plant (WWTP) are growing. The
plant is nearing its permitted capacity, and its location does not allow for any significant expansion.
This project will divert flow from the Carter Creek WWTP to the Lick Creek WWTP and was
identified in the Wastewater Master Plan as a necessity to decrease the volume of flow being treated
at the Carter Creek WWTP. This project will build a diversion lift station and force main to divert
some of the existing flow into the Carter Creek Wastewater Treatment Plant (WW TP) to the newly
expanded Lick Creek WWTP.
The project will construct a 4 MGD diversion lift station within the Carter Creek WWTP near the
existing headworks. A lift station is required to divert the flow because the preferred method of gravity
flow is not an option at this location. The lift station construction will include a diversion junction
box, pumps, valves, and other equipment. This project will also construct approximately 13,000
linear feet of 20” force main. The force main will tie into an existing manhole and existing trunkline
to take flow to the Lick Creek WWTP via gravity flow.
There have been several other projects completed in order to divert flows from the Carter Creek plant
to the Lick Creek plant. This includes the newly completed expansion of the Lick Creek WWTP. This
project was bid via competitive sealed proposals. 4 proposals were received. Dudley Construction,
Inc. was selected as the best value to the city. A budget of $15,550,000 is included for this project in
the Wastewater Capital Improvement Projects Fund. A total of $3,030,931 has been expended or
committed to date, leaving a balance of $12,519,069 for this contract and related expenses. The
“Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt” is
necessary for this project because all of the long-term debt projected to be issued for this project has
not yet been issued. The debt for the project is scheduled to be issued at a later date.
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 a construction contract with
Dudley Construction, Inc. in the amount of $10,976,992.30 for the Carter Creek WWTP Diversion
Lift Station and Force Main, plus the City’s contingency amount of $1,000,000 for a total
appropriation of $11,976,992.30 for this project and Resolution 04-11-24-8.2 Declaring Intention to
Reimburse Certain Expenditures with Proceeds from Debt. Approval of this item grants authority for
the City Manager to authorize project expenditures up to the City’s contingency amount. 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;
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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 entit y
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 recognized the new push-in of a new College Station Fire Department fire
truck for Fire Station No. 6 and the Health Department Open House.
Councilmember Maloney recognized the CSFD new push-in of apparatus 726 and ribbon cuttings for
Evie+Oak, LLC and the Restore Hyper Wellness Clinic.
Mayor Nichols recognized the Texas Legislature IT Caucus Committee that came to the City of
College Station and the groundbreaking of the DeBaca Steakhouse.
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 Cunha reported on Bicycle, Pedestrian, and Greenways Advisory Board.
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 7:42
p.m. on Thursday, April 11, 2024.
________________________
John P. Nichols, Mayor
ATTEST:
Tanya Smith, City Secretary
________________________