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HomeMy WebLinkAbout05/08/2025 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION MAY 8, 2025 STATE OF TEXAS COUNTY OF BRAZOS Present: John Nichols, Mayor Council: Mark Smith, Mayor ProTem William Wright David White Melissa McIlhaney Bob Yancy Scott Shafer Citv 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 Ouorum 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 8, 2025, 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 §551.087-Economic Incentive Negotiations and the College Station City Council convened into Executive Session at 4:01 p.m. on May 8, 2025, to continue discussing matters pertaining to: 2.1. Consultation with Attornev 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 • The City of College Station v. The Public Utility Commission of Texas, Cause No. D- l -GN- 24-005680 in the 200th District Court, Travis County, Texas; and • Texas A&M University System v. BVGCD, et al, Cause No. 24-002626-CV-472, in the 472 d District Court, Brazos County. • Legal advice related to the Midtown Development and Rock Prairie MMD No. 2. CCM 050825 Minutes Page 1 • Legal advice regarding the process to acquire property needed for the TXDOT State Highway 6 Widening Project. 2.2. Deliberation on the purchase, exchange, lease, or value of real property, to wit: • Approximately 8 acres of land located at 1508 Harvey Road. • Approximately 300 acres generally located at Corporate Parkway and Midtown Drive in the Midtown Business Park. 2.3. Deliberation on the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer, to wit: • 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 2.5. Deliberation on an offer of financial or other incentives for a business prospect that the Council seeks to have locate, stay or expand in or near the City; to wit: • Economic Development agreement for a development generally located in 3100 block of Harvey Road. • Economic development agreement for a development generally located at the intersection of FM 2154 and High Prairie Road in the City's ETJ. • Economic development agreement for a development generally located at the intersection of University Drive East and Tarrow Street. 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 6:12 p.m. No action was taken. 4. Pledge of Allegiance. Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation proclaiming College Station as a "Tourism Friendly City." Mayor Nichols presented a proclamation to Jeremiah Cook, Assistant Tourism Director, Michael Ostrowski, Chief Development Officer and the Tourism Staff, recognizing College Station as a "Tourism Friendly City." 5.2. Presentation proclaiming the week of May 11-17, 2025 as "Economic Development Week." Mayor Nichols presented a proclamation to Michael Ostrowski, Chief Development Officer and the Economic Development Staff, recognizing May 11-17, 2025 as "Economic Development Week." 5.3. Presentation proclaiming the week of May 12-17, 2025 as "Salvation Army Week." Mayor Nichols presented a proclamation to Captain Luis Villanueva, recognizing May 12-17, 2025 as "Salvation Army Week." CCM 050825 Minutes Page 2 6. Hear Visitors Comments. No one signed up to speak. 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. Anv Councilmember may remove an item from the Consent Agenda for a separate vote. No items were pulled for clarification. 7.1. Presentation, discussion, and possible action of minutes for: • April 24, 2025 Council Meeting 7.2. Presentation, discussion, and possible action on a contract with Jaco Roofing & Construction, Inc. in the amount of $146,970 for the roof replacement at 1207 Texas Avenue. 7.3. Presentation, discussion, and possible action on a Professional Services Contract with Freese and Nichols, Inc (FNI). in the amount of $1,116,334, for the design and construction administration for the Alum Creek Trunkline Proiect. 7.4. Presentation, discussion, and possible action regarding a contract with TIP Strategies, Inc., for consultant services related to an update of the Citv's Economic Development Master Plan in an amount not to exceed $145,000. 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 approve the Consent agenda. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action regarding an update on the street maintenance program. Emily Fisher, Public Works Director, provided an update on the street maintenance program, including the city-wide summation, the revised average PCI by maintenance sub -area (weighted) FY24 & FY25, and pavement conditions. A summary of the areas covered by the present and upcoming street repair plans for FY2025-2028 was also given by Mrs. Fisher. In addition to an Open House for Street Maintenance on Wednesday, May 28, 2025 at 6:00 p.m. at City Hall — Bush 4141, the initial improvements included Kalanchoe Court and Eastmark Drive. 8.2. Presentation, discussion, and possible action on the history of the Midtown Development and Rock Prairie MMD No. 2 in College Station. Jennifer Prochazka, Assistant City Manager, presented an overview of the history of Midtown. In 2017 the Future Land Use and Character Map amendment request and the Bicycle, Pedestrian Greenways Master Plan amendment. The Developer provided a presentation on the College Station CCM OS082S Minutes Page 3 Medical District and Town Center; Item 4 - PDD to provide a variety of residential, office, and retail opportunities in an urban environment with park, lake, and trail amenities. • 2012- Medical District Master Plan • 2012- MOA — Medical District Urban Center • 2013- Municipal Management District One & Two • 2013- Tax Increment Reinvestment Zones 18 & 19 • 2015- Economic Development Agreement • 2017- Midtown PDD zoning • 2018- CS Business Center Master Plan & Co -branding efforts • 2019- Rename Midtown Drive & name TIBP at Midtown Mrs. Prochazka, explained that the Medical District Master Plan includes the following: $15 million in transportation bond funds, the Municipal Management District (MMD), the Tax Increment Reinvestment Zone (TIRZ), private development/investment, and east side funding tools. The district boundaries on the east side, two significant tracts (Developer & Spring Creek Corporate Campus), and the east side's relative lack of development are the main topics of this conversation. The Plan recognized the need for regional infrastructure in this area and suggested that the city contribute more to or finance the initial primary infrastructure, which would serve as solid foundations for future growth. With an emphasis on health and wellness, it was intended to be a distinctive location for employment, travel, residence, recreation, and medical care. Through district management, physical improvements, etc., the area —which is primarily made up of various land uses, businesses, and property owners acting independently of one another —seeks to integrate the whole. This includes creating a distinctive location for people to work, visit, live, play, and seek medical attention, as well as physically integrating parts for a better whole. EDA & Infrastructure & Development Agreement Developer ■ Detention pond Roads Water + sewer Sewer easement Performance Criteria ■ $50M increase in value ■ 150k s_f_ non-residential in mixed use ■ All developer infrastructure C ity ■ 0:4 reduction on Infrastructure review and inspection fees ■ 151VI in bond -funded roadway infrastructure ■ Cannot build mixed -use on City property for 10 years Financial Incentive to Developer ■ AnnLial payment of ALL City pro pertytax increment on Tract Regarding important infrastructure, the City consented to: Pebble Creek Drive/Lakeway Drive: 2008 bond funds. In order to build Lakeway, the developers must start building: Water and Sanitary Sewer Line to W. D. Fitch -Conrad & Nelson Tracts via Bird Pond Road CCM 050825 Minutes Page 4 Utility and Road Agreement Midtown Dr. (Lakeway) Priority 1 z Corporate Pkwy (Pebble Creek Pkwy) Prrority 2 ■ Midtown ❑r. (Lakeway) priorFty 3 z Town Lake Dr. (Bird Pond) Tract A water lines Gravity sewer line J ` 1 � tYY• Mrs. Prochazka went on to give details about completed area infrastructure projects such as: the Lick Creek Greenway Trail, the Rock Prairie Road Bridge, the Elevated Storage Tank (with a consultant's recommendation), and decided to brand all CS water towers for the City rather than by areas, such as schools), and Texas Independence Park in Midtown. • 2015- Rock Prairie Road overpass expansion • 2015- Lick Creek Trail extension • 2018- Lakeway Drive Extension (both phases) • 2018- Corporate Parkway Extension • 2021- Midtown Drive Trail head • 2023- Carter Creek Gravity Trunkline • 2023- Rock Prairie Elevated Storage Tank • 2025- Carter Creek Diversion Force Main and Lift Station • 2025- Texas Independence Park at Midtown Design • 2025- Rock Prairie Road Widening She went on to provide information on the PDD Zoning — Midtown, Co -branding & Marketing, Signage, and Recreation Study. Modifications granted • Section 12-5.1.J.1 Supplemental Standards for Mixed Use • Section 12-5.2 Residential Dimensional Standards • Section 12-7.2.H.3.b Low -Density Residential Protection • Section 12-7.3 Off -Street Parking Standards • Section 12-7.5.0 Summary of Permitted Signs • Section 12-7.6 Landscape and Tree Protection • Section 12-7.7 Buffer Requirements • Section 12-8.3 General Requirements & Minimum Standards of Design for Subdivisions within the City Limits CCM 050825 Minutes Page 5 Midtown Recap City Developer Requirement Reduce fees on specific infrastructure projects Non -compete agreement for 10 years $50 Million added value 150k S.F. non-residential mixed -use development Development infrastructure • City constructed area infrastructure $48M • Future City constructed area infrastructure $60M+ • 2024 TIRZ balance $1.5M • Projecting $900K in 2025 added to TIRZ • MMD tax set at $0.65 • Parkland & Impact Fee Credits Mayor Nichols opened for Citizen Comments. Corn lete? Result District receives annual contract payment of ALL City V Iproperty tax increment on Tract A until 2036. Including years from 2016 until requirements are met. James Murr, College Station, Developer and Partner to 2015 Economic Development Agreement provided his perspective on the history with Midtown and the city's participation. He believes that the modification of the Medical District Master Plan and later imposition of higher impact fees has been a detriment to development in the area. His solution is a public -private partnership which would work to put amenities in the area including retail, regional entertainment services such as a water park, and convention center. Shelby Behm, College Station, addressed the council regarding what she feels is a failure to live up to the commitments made to Midtown and their impact on the community, including increased property taxes. She outlined the components of successful Municipal Management Districts and believes the city has failed to prioritize development in Midtown. To redeem the situation the city should commit to some form of recreation center or convention center in the area, increase visibility and aesthetics, and provide additional tax incentives. Mayor Nichols recessed the Council Meeting at 8:47 p.m. The Council Meeting was reconvened at 8:54 p.m. Caleb Jentsch, College Station, emphasized the word "promises," noting that Midtown residents feel let down by unfulfilled promises. They expected hotel rooms and restaurants as advertised, believing these would bring opportunities to their area. Michael Bozardt, College Station, questioned whether the developer was financially able to build a recreation center, but if he was it would bypass any bonds needed by the city and reduce the tax burden on residents. Rick Dusold, College Station, pointed out that the council approves the membership of the MMD and has some ability to affect what happens in the district. He also stated that the tax rate is higher than CCM 050825 Minutes Page 6 the city tax, adds to the total tax rate, and current Midtown residents have not seen benefits from this tax. Eddie Damanafshan, College Station, addressed the Council on concerns regarding what he sees as the city's abandonment of the commercial development in the Midtown area. He went on to state they have seen a 30% increase in their MMD tax rate and the city should avoid the Mall and place a future recreation center in Midtown. Nicolette English, College Station, stated that pointing fingers at different parties will not correct this situation but investment in the area will. Josh Landman, College Station, stated that he has worked on developments in the area and believes that a large regional attraction is just what the area needs to spur additional investment in the area. Sergio Garcia, College Station, came to emphasize that the amenities promised when he purchased his home never materialized and taxes are too high. Stacy Dieffenbach, College Station, said she built her home in Midtown based on site plans and what she feels were promises made to her when she bought her home. She believes in the potential of the area and with the proper investment it would live up to the promises. Debbie Drastata, College Station, stated that she is fine with paying more taxes if the promised developments are realized. Sylvia Reza, College Station, stated she is a retired teacher who bought the area based on the proposed amenities which have not been realized. Kyle Eubank, College Station, stated that he and his wife built a home in the area based on what was proposed at the time. He believes that aligning future growth with the Midtown area and coupling that with a recreation center would fulfill the original vision. Roberto M. Bendana, College Station, believes that communication and transparency have been lacking from the city. He asked that the city present a timeline for future improvements to the area. Kathleen Hull, College Station, stated she is still waiting to get the amenities she feels were promised to her when she purchased her home. Kelsey Evancho Barbero, College Station, stated that the Midtown community feels let down by the actions of the city and lack of new development. There being no further comments, the Citizen Comments was closed. A consensus of Council directed staff to work with the developer to vet and evaluate an economic development proposal presented by the developer including a convention center, recreation center and water park. Additionally, Council directed staff to bring back possible design and placement of monument signs and wayfinding signs in the district. Council also requested additional reports on impact fees and credits, and an update on the financial status of Rock Prairie Management District 2. CCM 050825 Minutes Page 7 8.3. Presentation, discussion, and possible action regarding legislative engagement efforts. Ross Brady, Chief of Staff, stated this item allows the Council to talk about legislation and the City's efforts to connect with the State Legislature. Mr. Brady did give an update on Representative Dyson's Impact Fee Bill 5489 was left pending after a hearing in the House Senate Resource Committee during which the city attended and provided testimony. He added that he met with the Calendars Committee leaders to voice opposition to Senate Bill 1567 which is waiting for a hearing date. Previously the city had earlier voiced opposition to House Bill 2797, which is connected to SB 1567. Lastly, Mr. Brady spoke about the upcoming Chamber of Commerce Legislative trip to Washington, DC. 9. REGULAR ITEMS 9.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4590 on Budget Amendment 2 amending Ordinance No. 2024-4539 which will amend the budget for the 2024-2025 Fiscal Year in the amount of $2.375.667. Mary Ellen Leonard, Finance Director, stated that the proposed budget amendment is to increase the FY25 budget appropriations by $2,375,667 primarily for the addition of two police officers and twelve firefighters via grant funding and a new district manager in the Northgate Fund. This amendment included the replacement of a total police car, use of fund balance in the Drainage Fund for culvert repairs, and the recognition of funding for a structural wall and other minor additions at the Fun for All playground. A cash for capital transfer between the Electric Operating Fund and Electric Capital Improvement Projects Fund is also presented for approval. This increased transfer will eliminate the need to issue debt in FY25 for Electric capital projects. approved, the net revised 2024-2025 budget appropriations will be $558,545,110. Summary of Budget Amendment No. 2 Budget also increases headcount employed by 15.0 FTEs Fund Amount General $ 554,400 General 697,361 General 98,000 Northgate 62,360 Drainage 500,000 Fun for All 463.546 $ 2,375,667 Fund Amount Electric Operating to 15,000,000 Electric Capital Mrs. Leonard stated that Interfund transfers have no impact on the budget. Revised Net Budget Summary CCM 050825 Minutes Page 8 Approved Budget Budget Amendment #1 Budget Amendment #2 Revised Budget $ 541,450,684 14,718,759 2.375.667 S 558,545,110 At approximately 10:35 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:36 p.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Shafer the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025-4590, on Budget Amendment 2 amending Ordinance No. 2024-4539 which will amend the budget for the 2024- 2025 Fiscal Year in the amount of $2,375,667and the Interfund transfers. The motion carried unanimously. 9.2. Presentation, discussion, and possible action on Resolution No. 05-08-25-9.2 of the Citv Council of the Citv of College Station, Texas, determining that a Public utilitv easement containing two Parcels, totaling approximately 1.69 acres of land, is needed and needs to be acquired from POM-College Station, LLC, for the construction, operation, and maintenance of a Public utilitv easement, as a Part of the utilitv relocations required by the upcoming widening of State Hiahwav 6 by the Texas Department of Transportation ("TxDOT"), and authorizing the institution of eminent domain Proceedings. Jennifer Cain, Capital Project 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 Summer 2025 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 $529,776 which was based on an appraisal report completed by Allen, Williford & Seale Inc., for the two tracts that will contain the easement. An approved budget is included for this project in the Electric Fund, which has a sufficient balance remaining for this easement acquisition and future costs. 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 Resolution No. 05-08-25-9.2 authorizing the use of the power of eminent domain to acquire the Public Utility Easement described in said resolution for the construction, operation, and maintenance of a Public Utility Easement. The motion carried unanimously. Recorded Vote: Mayor Nichols — aye Councilmember Smith — aye Councilmember Wright — aye Councilmember White — aye Councilmember McIlhaney — aye Councilmember Yancy — aye Councilmember Shafer - aye CCM 050825 Minutes Page 9 9.3. Presentation, discussion, and possible action regarding Ordinance No. 2025-4591 amending Chapter 18, "Health" of the Code of Ordinance by adding sections relating to public cool inspections. Ross Brady, Chief of Staff, stated that at the March 27th, 2025, City Council meeting, the Brazos County Health District made a presentation regarding the need for a pool inspection program to be administered by the Health District. At that time, the Council directed staff to bring back an ordinance establishing a pool inspection program. Staff worked with the Health District to draft the ordinance before you. While the inspections will be administered by the Health District, the city must pass an ordinance to require the inspections and to authorize the Health District to carry them out. • Amendment to the Code of Ordinances — Chapter 18 "Health" ✓ State Law Reference — Texas Health & Safety Code Chapter 341 • Permit required • Inspections ✓ Pre -operational Inspection ✓ Annual & reactive inspections ✓ Pass/Fail • Corrections ✓ Closure if an imminent health or safety hazard exists ✓ Permit holders have the right to appeal MOTION: Upon a motion made by Councilmember McIlhaney and a second by Councilmember Yancy the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2025-4591, amending Chapter 18, "Health" of the Code of Ordinance by adding sections relating to public pool inspections. The motion carried unanimously. 9.4. Presentation, discussion, and possible action regarding the appointment of Samuel Kerbel (Position No. 4) and Logan Lee (Position No. 5) to the board of directors for Rock Prairie Management District No. 2. Tanya Smith, City Secretary, stated that on behalf of the Rock Prairie Management District No. 2, they request that the City Council of the City of College Station appoint Samuel Kerbel (Position No. 4) and Logan Lee (Position No. 5), to terms ending June 1, 2029, as recommended. Directors Kerbel and Lee are currently serving as directors on the board. 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 as requested by the Board the appointment of Samuel Kerbel (Position No. 4) and Logan Lee (Position No. 5) to the board of directors for Rock Prairie Management District No. 2, with terms ending June 1, 2029, as recommended.. The motion carried unanimously. 10. Items of Communitv Interest and Council Calendar: The Council may discuss upcominp, events and receive reports from a Council Member or Citv Staff about items of communitv interest for which notice has not been given, including: expressions of thanks, congratulations or condolence. information regarding holidav schedules. honorary or salutary recognitions of a public official, public emolovee, or other citizen; reminders of upcoming events organized or sponsored by the Citv of College Station, information about a social, ceremonial or communitv event organized or sponsored by an entitv other than the Citv of College Station that is scheduled CCM 050825 Minutes Page 10 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 Smith reported on Citizens University Graduation. Mayor Nichols reported on the opening of the Lucky Goat Coffee in Jones Crossing. Councilmember Shafer reported on an upcoming event Celebrate the Arts. Councilmember Wright reported on an upcoming event, unveiling the new College Station History Book. 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 Smith reported on Sister Cities Meeting. Councilmember Shafer reported on Cycle with Council. 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 Staffs 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 inquirv. Any deliberation of or decision about the subiect of a request will be limited to a proposal to place the subiect on the agenda for a subsequent meeting. Councilmember Wright requested an update on wayfinding signs. 13. Adiournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 11:02 p.m. on Thursday, May 8, 2025. ? F- -*� John P. Nichols, Mayor ATTE Tanya Smith, City Secretary CCM OS082S Minutes Page 11