HomeMy WebLinkAbout04/25/2024 - Regular Minutes - City CouncilCCM 042524 Minutes Page 1
MINUTES OF THE CITY COUNCIL MEETING
IN-PERSON WITH TELECONFERENCE PARTICIPATION
CITY OF COLLEGE STATION
APRIL 25, 2024
STATE OF TEXAS §
§
COUNTY OF BRAZOS §
Present:
John Nichols, Mayor
Council:
Mark Smith - absent
William Wright
Linda Harvell
Elizabeth Cunha
Bob Yancy
Dennis Maloney
City Staff:
Bryan Woods, City Manager
Jeff Capps, Deputy City Manager
Adam Falco, City Attorney
Leslie Whitten, Deputy City Attorney
Tanya Smith, City Secretary
Ian Whittenton, Deputy City Secretary
1. Call to Order and Announce a Quorum is Present.
With a quorum present, the meeting of the College Station City Council was called to order by Mayor
Nichols via In-Person and Teleconference at 4:00 p.m. on April 25, 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 25, 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 regarding an impact fee appeal for Asher Turkey Creek development.
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 6:07 p.m. No action was taken.
4. Pledge of Allegiance, Invocation, consider absence request.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Maloney, the City Council voted six (6) for and none (0) opposed, to approve an absence request from
Councilmember Mark Smith for the April 25, 2024 Council Meeting. The motion carried
unanimously.
5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS.
5.1. Presentation proclaiming May 5th through the 11th as Drinking Water Week.
Mayor Nichols presented a proclamation to Jennifer Nations, Water Services Program Coordinator,
and staff recognizing May 5th through the 11th as Drinking Water Week.
5.2. Presentation proclaiming May 13th through the 19th as Salvation Army Week.
Mayor Nichols presented a proclamation to Captains Luiss Villanueva recognizing May 13th through
the 19th as Salvation Army Week.
5.3. Presentation proclaiming May 2024 as National Bike Month.
Mayor Nichols presented a proclamation to staff member Jason Schubert, City Engineer, members of
the cycling community, and the Bicycle, Pedestrian and Greenways Committee recognizing May 2024
as National Bike Month.
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5.4. Presentation proclaiming May 2024 as Motorcycle Safety and Awareness Month.
Mayor Nichols presented a proclamation to the Texas Council of Clubs and Independents Region 1
Motorcycle Safety & Awareness Team, Distorted MC, and The Ranch Harley Davidson, proclaiming
May 2024 as Motorcycle Safety and Awareness Month.
5.5. Presentation recognizing the outgoing representatives of the Texas A&M Student
Government Association.
Mayor Nichols presented certificates to Luke Morrison and Ben Crockett recognizing them for their
outstanding service, tireless effort, and respectful discourse while representing the Student
Government Association of Texas A&M University.
5.6. Presentation proclaiming May 6 through May 10 as Economic Development Week.
Mayor Nichols presented a proclamation to Michael Ostrowski, Brian Piscacek, and the Economic
Development Staff recognizing May 6th through the 10th as Economic Development Week.
6. Hear Visitors Comments.
Bill Stockton, College Station, came before Council regarding his concerns on the Amazon drones
and invited Council and staff to his home so they could hear the noise for themselves.
Leslie Hicks, College Station, came before Council regarding a house that was torn down and turned
into student housing. She had concerns about the number of rooms listed for rent, being that there are
more than four.
Kathleen Parks, College Station, came before Council regarding unrelated occupancy and concerns
about equal treatment under the law.
Art Hicks, College Station, came before Council to share his thoughts about his neighborhood
becoming like a college dorm and the diminishing character of the area.
7. CONSENT ITEMS
Presentation, discussion, and possible action on consent items which consist of ministerial, or
"housekeeping" items as allowed by law : A Councilmember may request additional information
at this time. Any Councilmember may remove an item from the Consent Agenda for a separate
vote.
Items 7.7 was pulled from Consent for clarification.
(7.7) Jennifer Cain, Capital Projects Director stated this project includes the installation of an
acoustical ceiling in the event space at 1207 Texas Ave. The City of College Station utilized a Choice
Partners job order contract number 21/039MR-01. Funds are available in the Capital Projects and
Facilities Maintenance operating budget for this contract and related expenses.
7.1. Presentation, discussion, and possible action of minutes for:
April 11, 2024 Council Meeting
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7.2. Presentation, discussion, and possible action on an agreement for annual concrete curb,
gutter, and flatwork installation with Larry Young Paving, Inc., not to exceed $3,985,400.
7.3. Presentation, discussion, and possible action on purchasing Panasonic Toughbook Rugged
Mobile Data Terminals (MDTs) from Baycom Inc. for $309,465.
7.4. Presentation, discussion, and possible action on a three-year agreement with Kudelski
Security, Inc. for Security Operations Center (SOC) services in the amount of $352,067.59.
7.5. Presentation, discussion, and possible action on Ordinance No. 2024-4509 amendment to
Chapter 40, "Utilities", Division 5: Drought Contingency and Water Emergency Plan, of the
Code of Ordinances of the City of College Station, Texas.
7.6. Presentation, discussion, and possible action on Resolution No. 04-25-24-7.6 adopting an
updated Water Conservation Plan.
7.7. Presentation, discussion, and possible action on a construction contract with Aggieland
Construction, LLC in the amount of $104,410.26 for an acoustical ceiling at 1207 Texas Ave plus
the City's contingency in the amount of $5,220.51 for a total appropriation of $109,630.77.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Wright, the City Council voted six (6) for and none (0) opposed, to approve the Consent agenda with
the exception of item 7.7. The motion carried unanimously.
(7.7) MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Wright, the City Council voted five (5) for and one (1) opposed, with Councilmember Harvell voting
against, to approve Consent Item 7.7 as amended. The motion carried.
(7.7) AMENDED MOTION: Upon an motion made by Councilmember Cunha and a second by
Councilmember Wright, the City Council voted five (5) for and one (1) opposed, with Councilmember
Harvell voting against, to approve Consent Item 7.7 by amending the funding source and use HOT
Funds for a construction contract with Aggieland Construction, LLC in the amount of $104,410.26
for an acoustical ceiling at 1207 Texas Ave plus the City's contingency in the amount of $5,220.51 for
a total appropriation of $109,630.77. The motion carried.
8. WORKSHOP ITEMS
8.1. Presentation, discussion, and possible action related to a Water Services Department annual
update.
Gary Mechler, Water Services Director, provided an annual update regarding the historical and current
status as well as key future actions planned.
Recent History
Delivered over 5 billion gallons of water in 2023
Maintained almost 500 miles of line
Record consecutive days over 100 degrees
No major mechanical problems in water production
Current History
Water Tower Rehabilitation Completed
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Strategic Focus on Well Field
Increasing well rehabilitation and development costs due to changes in static levels
Additional well field capacity needed to meet future demand (driven by temperatures
and growth)
Key Actions
Reduce Peak loading
Expand Well Field Capacity - 3 new wells need to be installed in the next 3-5 years to
retain permits
Design contract to be approved
Update 2016 Water Master Plan
Engage in development of BVGCD management zones
Revisit use of alternative water sources to supplement our groundwater supply
Reclaimed water
Aquifer Storage and Recovery (ASR)
8.2. 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 programs that are
happening in College Station. She described a street maintenance index that is used on an annual basis
to grade each street and determine a strategy for addressing the areas with the most need for service.
The 2024 plan includes streets in the University Oaks area and around Park Place and Pershing. In
2025 the Winwood Subdivision, and near Harvey and the Brentwood area are projected to be serviced.
There will be a Street Maintenance Open House Wednesday, May 15, 2024 at 5:30 pm at City Hall.
8.3. Presentation, discussion, and possible action regarding a paid parking pilot program for
special events.
Debbie Eller, Community Services Director, presented information regarding a potential paid parking
pilot program to be conducted in the summer of 2024, when special events are held in the community.
After the conclusion of the pilot program, the Council will have the opportunity to consider continuing
the program in the future.
Overview:
Addressing on-street parking congestion in residential neighborhoods during major events.
Generate revenue to assist with recovering City's special event/game day operational costs.
Generate funds to be used for the benefit of the neighborhoods impacted by special
events/game day.
Only where there is existing parking – this program will not create additional on-street parking.
Reminder that the street is a public facility and the space in front of a home is NOT owned nor
controlled by the property owner/renter.
On Street Parking
Southside 1 (234 Spaces)
Southside 2 (1390 Spaces)
Eastside 1 (629 Paid Pilot, 611 Free Spaces)
Surface Lots
City Hall Surface Lot (207 Spaces)
Wayne Smith Surface Lot (192 Spaces)
Post Oak Mall Surface Lot (662 Spaces)
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9. REGULAR ITEMS
9.1 Presentation, discussion, and possible action regarding a real estate contract with Fera
Diagnostics and Biologicals Corporation for the sale of approximately 12 acres of land in the
College Station Business Center at the intersection of Gateway Boulevard and State Highway 6
for the price of $3,300,000.
Michael Ostrowski, Chief Development Officer, stated that this real estate contract is comprised of a
total of approximately 12 acres on the corner of Gateway Boulevard and State Highway 6 frontage
road, Lot 1 is a 6.007 acre lot, and Lot 2 is a 5.635 acre lot in Block 6, Phase Two of the College
Station Business Center. The real estate contract is for the sale of these lots for $3,300,000, which is
approximately $6.50 per sq. ft., to Fera Diagnostics and Biologicals Corporation for the intended
construction of their new headquarters. Fera Diagnostics and Biologicals Corporation is a research -
driven company that focuses on developing products to improve the welfare of animals.
College Station Business Center
Lots 1 and 2
o Real estate contract for $3,300,000, or approximately $6.50 per sq. ft.
o $30,000 earnest, 180-day feasibility, 60-day close
Fera Diagnostics and Biologicals Corporation
o 50,000 sq. ft. corporate headquarters
o Approximately $15 million capital expenditure
MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember
Maloney, the City Council voted six (6) for and none (0) opposed, to approve a real estate contract
with Fera Diagnostics and Biologicals Corporation for the sale of approximately 12 acres of land in
the College Station Business Center at the intersection of Gateway Boulevard and State Highway 6
for the price of $3,300,000. The motion carried unanimously.
9.2. Presentation, discussion, and possible action on a professional services contract with Freese
& Nichols, Inc. for $8,416,603 for Wells Nos. 10, 11, and 12 and a collection line for design and
construction phase services, and Resolution No. 04-25-24-9.2 declaring intention to reimburse
certain expenditures with proceeds from debt.
Jennifer Cain, Capital Projects Director, stated that this project includes the design on Wells Nos. 10,
11, and 12 as well as an associated water collection line. This contract would also provide construction
phase services for the construction of the wells and the collection line. The City of College Station
received two Statements of Qualifications (SOQ) that were submitted. After the review process, Freese
& Nichols, Inc. was selected as the most qualified firm for the project.
Mrs. Cain explained that a combined budget of $17,250,000 is included in the Water Capital
Improvement Projects Fund for this project. A combined total of $2,966 has been spent or committed
to date, leaving a combined balance of $17,247,034 for this contract and related costs. 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 Maloney and a second by Councilmember
Harvell, the City Council voted six (6) for and none (0) opposed, to approve a professional services
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contract with Freese & Nichols, Inc. for $8,416,603 for Wells Nos. 10, 11, and 12 and a collection
line for design and construction phase services, and Resolution No. 04-25-24-9.2 declaring intention
to reimburse certain expenditures with proceeds from debt. The motion carried unanimously.
9.3. Presentation, discussion, and possible action on Change Order No. 2 for the Northeast Sewer
Trunk Line Ph IV Project design contract with Kimley-Horn and Associates, Inc., not to exceed
$1,030,400.
Jennifer Cain, Capital Projects Director, stated that the City of College Station approved a contract in
2022 with Kimley-Horn and Associates, Inc. for the design of the Northeast Sewer Trunk Line Phase
IV. The design will include installation of a sewer trunk line which will serve areas of the community
including the University Corridor and Northgate. Mrs. Cain explained that this project will allow for
continued development in this area which could soon be limited by existing sewer capacity. The
contract amendment allows for the design of the lift station in order to reroute the sewer trunk line to
Cooner Street/Chimney Hill instead of through the Beverley Estates neighborhood in Bryan. A budget
of $25,500,000 is included in the Wastewater Capital Improvement Projects Fund for this project. A
total of $1,585,093 has been spent or committed to date, leaving a balance of $23,914,907 for this
change order and future costs.
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, to table the Change Order No. 2
for the Northeast Sewer Trunk Line Ph IV Project design contract with Kimley-Horn and Associates,
Inc., not to exceed $1,030,400 until May 23, 2024 Council Meeting. The motion carried unanimously.
Mayor Nichols recessed the meeting at 8:02 p.m.
The meeting resumed at 8:13 p.m.
9.4. Presentation, discussion, and possible action regarding Ordinance No. 2024-4510 amending
Chapter 26, “Miscellaneous Provision and Offenses,” of the Code of Ordinances of the City of
College Station, Texas, by adding certain sections relating to overoccupancy.
Debbie Eller, Community Services Director, stated that this item amends Chapter 26 of the Code of
Ordinances to add Sec. 26-12 Civil Unrelated Overoccupancy and Sec. 26-13 Penal Unrelated
Overoccupancy, providing two additional enforcement tools for Unrelated Overoccupancy. One
option is a civil ordinance with set fines and the other is a penal ordinance that follows the penalties
listed in Sec. 1-7 of the Code. She explained that both ordinances include definitions for dwelling unit,
family, responsible persons, single-family, and single-family dwelling for clarity. The ordinances
contain an overoccupancy violation, rebuttable presumptions, and affirmative defenses.
Chapter 26 Sec. 26-12 & 26-13
Sec. 26-12: Civil ordinance with set fines
o The administrative penalty is:
→ $250 dollars for the first violation.
→ $350 dollars for the second violation.
→ $500 dollars for three or more violations.
o An administrative penalty may be assessed for each day a violation continues.
Sec. 26-13: Penal ordinance with penalties listed in Sec. 1.7
→ $25 - $500 determined by Municipal Court Judge
Administrative citation or notice
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Administrative Hearing and Appeal
At approximately 8:28 p.m., Mayor Nichols opened for Citizen Comments.
Katie Compian Dehaven, College Station, came before Council from the Bryan-College Station
Regional Association of Realtors. She stated that they have received multiple questions from many
property owners within College Station regarding the Unrelated Overoccupancy. She presented some
of the questions posed by property owners to their association in the hopes that these questions will
invoke a thoughtful deliberation by the Council before adoption of these changes.
Will McCauley, College Station, came before Council to discuss his concerned this was only released
to the public only a couple of weeks ago. He stated that students and landlords make mistakes so to
bring a criminal violation is overly punitive and requested that Council leave the criminal penalty out
of the ordinance and only have civil.
Elianor Vessali, College Station, came before Council to speak on behalf of the homeowners, tenants,
and realtors and inform Council that several people been targeted by those who want strict
enforcement of this ordinance. She believes that what some citizens are doing is harassment under the
Texas Penal Code and should be stopped.
Fred Dupriest, College Station, came before Council representing the Occupancy Enforcement
Alliance (OEA) to recommend changes in the proposed occupancy enforcement ordinance. The OEA
recommends a delay of approval until the ordinance can be rewritten to also apply to the 2-unrelated
ROO, require an Occupancy Disclosure in home sales and rental agreements, establish a 14-day, rather
than 30-day, investigation period, allow evidence submitted by the public to be used in investigations,
state the grace period occupants are initially allowed to vacate, clarify that a new 30-day investigation
is not required for each subsequent conviction, clarify in specific wording that occupants may be any
individuals, and obtain evidence of occupancy only before 7:30 a.m.
Benjamin Crockett, College Station, stated on behalf of the students of the university he is requesting
occupancy regulation reforms. He stated that students are having an increasingly difficult time finding
adequate housing in College Station. High rent, low student income, and housing shortages have led
many students to split rent and live with more than four fellow Aggies. On behalf of the student body,
he is asking the City Council to direct staff to draft a proposal reforming their occupancy rules; this
proposal would explore regulating occupancy not through nonrelated status but rather through health
and safety considerations, as several major Texas Cities already do: Dallas, San Antonio, and Houston.
Luke Morison, College Station, thanked the council for the opportunity to speak and spoke about his
positive experience with mopeds and small forms of transportation. He believes that forms of
transportation like this are a benefit to the community and ease parking issues.
Jacob McFarland, College Station, came before Council to thank them for their work, and city staff's
work, in putting together a new ordinance for limiting over-occupancy. He stated that the move to a
civil offense is good for students, residents, and for city staff. He urged council to move forward with
this ordinance and add ROO enforcement to it as well.
There being no further comments, the Citizen Comments was closed at 9:00 p.m.
MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember
Maloney, the City Council voted five (5) for and none (0) opposed, with Councilmember Cunha
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abstaining, to adopt Ordinance No. 2024-4510 amending Chapter 26, “Miscellaneous Provision and
Offenses,” of the Code of Ordinances of the City of College Station, Texas, by adding certain sections
relating to overoccupancy. The motion carried.
9.5. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2024-
4511 amending Chapter 103, “Buildings and Building Regulations,” Article II “Administration
and Enforcement,” Division 2, “Construction Board of Adjustment and Appeals; Appeals and
Variances,” and Division 3, “Building and Construction Standards Commission,” of the Code
of Ordinances of the City of College Station, Texas, by amending certain sections relating to
Construction Board of Adjustment and Appeals and the Bui lding and Standards Commission
membership.
Brian Binford, Planning and Development, stated that the purpose of this proposed amendment is to
formerly appoint the duties and responsibilities of the Building and Standards Commission to the
Construction Board of Adjustments and Appeals. The Building and Standards Commission may hear
cases concerning violations of ordinance that regulate:
The preservation of public safety, relating to the materials or methods used to construct a
building or improvements, including the foundation, structural elements, electrical wiring, or
apparatus, plumbing and fixtures, entrances and exits; and
Relating to the fire safety of a building or improvement, including provisions related to
materials, types of construction or design, warning devices, availability of water supply for
extinguishing fires, or location, design or width of entrances or exits; and
Relating to dangerously damaged or deteriorated buildings or improvements; and
Relating to conditions caused by accumulations of refuse, vegetation or other matter that
creates a breeding ground for insects and rodents.
Mr. Binford explained that this will align with the changes that were previously made in the Board,
Committees, and Commissions Handbook but was not codified within the ordinance. Staff has
contacted the members of the Construction Board of Adjustments and Appeals, and they have agreed
to take on the additional duties of the Building and Standards Commission. If this ordinance
amendment is approved, a future item will be needed for the official appointment of the members.
At approximately 9:27 p.m., Mayor Nichols opened for the Public Hearing.
There being no further comments, the Public Hearing was closed at 9:27 p.m.
MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember
Maloney, the City Council voted six (6) for and none (0) opposed, to adopt Ordinance No. 2024-4511
amending Chapter 103, “Buildings and Building Regulations,” Article II “Administration and
Enforcement,” Division 2, “Construction Board of Adjustment and Appeals; Appeals and Variances,”
and Division 3, “Building and Construction Standards Commission,” of the Code of Ordinances of
the City of College Station, Texas, by amending certain sections relating to Construction Board of
Adjustment and Appeals and the Building and Standards Commission membership. The motion
carried unanimously.
9.6. Presentation, discussion, and possible action on an appeal from Caldwell Companies of the
Director of Planning and Development Services decision as it relates to impact fees for the Asher
Turkey Creek development.
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Michael Ostrowski, Chief Development Officer, stated that this item relates to an appeal by Caldwell
Companies of the Director of Planning and Development Services decision as it relates to the impact
fees that are to be assessed for the Asher Turkey Creek development. The process for the appeal is set
forth in Section 107-94 of the Code of Ordinances for the City of College Station.
Sec. 107-94. - Administrative appeals.
(a) The property owner or applicant for new development may appeal the following decisions
to the Director of Planning and Development Services, or his or her designee:
(1) The applicability of an impact fee to the development;
(2) The value of the impact fee due;
(3) The availability or the value of an offset or credit;
(4) The application of an offset or credit against an impact fee due; and/or
(5) The amount of the refund due, if any.
(b) All appeals shall be taken within 30 days of notice of the action from which the appeal is
taken.
(c) The burden of proof shall be on the appellant to demonstrate that the value of the fee or the
value of the offset or credit was not calculated according to the applicable impact fee
schedule, or the guidelines established for determining offsets and credits.
(d) The appellant may appeal the decision of the Director of Planning and Development
Services to the Council. A notice of appeal to the Council must be filed by the applicant
with the City Secretary within 30 days following the Director's decision. If the notice of
appeal is accompanied by a bond or other sufficient surety satisfactory to the City Attorney
in an amount equal to the Director's determination of the impact fee due, the development
application, utility application, subdivision plat, building permit or other required City
permit or authorization for development may be processed and issued while the appeal is
pending.
Laurn Randell with Caldwell Companies came before Council to provide an overview of the
developers involved and the development at Turkey Creek & Raymond Stotzer and the Impact Fee
Appeal.
Location & Zoning
17.79 acres of raw land at corner of Turkey Creek Road and Raymond Stotzer Blvd
General Commercial (GC) and Multifamily (MF)
Development Plan
Mixed-use Development: Class-A+ Rental units adjacent to Commercial Retail
Walking/biking distance of BioCorridor and Texas A&M campuses
Professional adults of all ages as opposed to student housing.
General Commercial Programming:
4.63 acres
Commercial retail corner along Raymond Stotzer adjacent to luxury rental community
Potential Retail Uses:
Retail Shopping
Quick Service Restaurants
Office
Veronica Morgan, College Station, came before Council as the Developer and on behalf of J4
Engineering, ARME Consulting Engineers and Schultz Engineering, LLC. provide an overview of the
Development History of the Turkey Creek Development and the Impact of Building Permit Denial.
Initial Entitlements (CPA/RZ/PP/FP): 2015 – 2019
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CCN Swap: 2019 – 2021
Preliminary Plan Submitted: Feb 2022
Final Plat Submitted: Apr 2022
Site Plan submitted: Sep 2023
Preconstruction Meeting for Final Plat: Oct 13, 2023
Construction Plan Approval: Nov 7, 2023
Start of Construction: Nov 20, 2023
Building Permit (BP) Submittal: Dec 20, 2023
City Refusal refuses BP b/c plat not approved by P&Z: Dec 20, 2023
Developer offered Letter of Credit (LC): Dec 20, 2023
City denies LC b/c P&Z must approve Plat: Dec 20, 2023
Impact of Building Permit Denial
Original Impact Fees Due: $213,655
Additional Impact Fees Due: $256,804
Todd Johnson, College Station, came before Council to provide a summary of the development.
Significant Development Progress: Our Building Permit submission was a natural
development progression.
Good Faith: We were and have continued to act in good faith.
Lack of Communication: We were never informed of a change in policy implementation.
Unjust Assessment of Fees: We are asking the City Council to grant this appeal request.
Mike Gentry, College Station, came before Council to support the appeal requested by Caldwell
Companies and to state that company followed all the guidelines that was required by them when for
the Asher Turkey Creek development.
MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Harvell,
the City Council voted five (5) for and one (1) opposed, with Mayor Nichols voting against, to approve
an appeal from Caldwell Companies of the Director of Planning and Development Services decision
as it relates to impact fees for the Asher Turkey Creek development. The motion carried.
10. Council Calendar
Council reviewed the calendar.
11. Items of Community Interest: The Council may receive reports from a Council Member or
City Staff about items of community interest for which notice has not been given, including:
expressions of thanks, congratulations or condolence; information regarding holiday schedules;
honorary or salutary recognitions of a public official, public employee, or other citizen;
reminders of upcoming events organized or sponsored by the City of College Station;
information about a social, ceremonial or community event organized or sponsored by an entity
other than the City of College Station that is scheduled to be attended by a Council Member,
another city official or staff of the City of College Station; and announcements involving an
imminent threat to the public health and safety of people in the City of College Station that has
arisen after the posting of the agenda.
Councilmember Cunha recognized the CSISD Election May 4th.
Councilmember Maloney recognized the Amazon Prime Air event at Sandstone Park and the Texas
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A&M engineering event StarFair.
Mayor Nichols recognized an event for the Islamic Community of Bryan College Station.
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 bo ards 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 the Bicycle, Pedestrians, and Greenways Committee.
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.
Councilmember Harvell requested a future agenda item on regulatory information related to regulating
noise from drones.
Councilmember Wright requested a future agenda item on adding civil enforcement of the occupancy
ordinance to the ROO.
Councilmember Cunha requested a future agenda item on a Lakeway crosswalk.
14. Adjournment.
There being no further business, Mayor Nichols adjourned the meeting of the City Council at 10:44
p.m. on Thursday, April 25, 2024.
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John P. Nichols, Mayor
ATTEST:
Tanya Smith, City Secretary
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