Loading...
HomeMy WebLinkAbout06/26/2025 - Regular Minutes - City CouncilMINUTES OF THE CITY COUNCIL MEETING IN -PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION JUNE 26, 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: Jeff Kersten, Assistant City Manager Jennifer Prochazka, Assistant 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 June 26, 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 §551.07 1 -Consultation with Attorney, §551.074- Personnel, and the College Station City Council convened into Executive Session at 4:00 p.m. on June 26, 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-1-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 a Development Agreement for property located on the east side of Arrington Road in the City's extraterritorial jurisdiction. CCM 062625 Minutes Page 1 2.3. Deliberation on the appointment, emplovment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. to wit: • Council Self -Evaluation 3. The Open Meeting Will Reconvene No Earlier than 6:00 PM from Executive Session and Citv Council will take action, if anv. Executive Session recessed at 6:00 p.m. 4. Pledge of Allegiance. Invocation, consider absence request. 5. Hear Visitors Comments. Shelby Behm, College Station, came before the Council to state that her hope for meaningful change in Midtown is slowly fading due to the lack of meaningful action. She feels that the process is bogged down in bureaucracy and more should be done to speed up the process. Cheryl Wenck, College Station, came before the Council to bring attention to Bee Creek flooding and how changes in drainage have caused the problem to exacerbate. She is urging the council to act now and mitigate future flooding. 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. Anv Councilmember may remove an item from the Consent Agenda for a separate vote. (6.2) and (6.7) were pulled for clarification. (6.2) Peter Caler, Assistant Public Director, explained that earlier this year staff issued a Request for Proposal (RFP) for the City's mowing and landscape maintenance services. After closing the RFPs were divided into five (5) categories: 1) Facilities — city buildings and Northgate District 2) Electric — CSU electric substations and buildings 3) Water/Wastewater — CSU water and wastewater sites 4) Parks — including neighborhood parks and cemeteries 5) Finish mowing — primarily street right of way and medians. Six vendors responded and after scoring Incircle Management, Inc. was selected as the responsive proposal with a contract amount of $1,079,050.42 with the next lowest bid being eleven percent more. The initial term of the contract is for one (1) year with the potential option to renew for four (4) additional one (1) year terms for a total of five (5) years and the City may terminate the contract at -will. Mayor Nichols opened for Citizen Comments. Tucker Gallagher, Franklin, addressed the Council noting his disappointment at not being selected to continue providing services and raised concerns about an out-of-town contractor servicing 189 city sites without a local presence. He also mentioned that the current maintenance schedule, which includes only 18 trips per year, may not be adequate during peak growing conditions and suggested that the Council consider increasing maintenance visits to align with local community standards. Dan Riddle, College Station, has concerns that the company awarded this contract is based in DFW and has no local presence or employees and questioned the feasibility of the company meeting the CCM 062625 Minutes Page 2 city's requirements based on the scope of work. Additionally, he noted what he believes is a $92,618 discrepancy between the listed bid price of $986,432.42 and the contract amount $1,079,050.42. There being no further comments, Citizen Comments was closed. Adam Falco, City Attorney, and Stephen Maldonado, Water Services Assistant Director, explained that regardless of the agreement (item 8.2) on the agenda later tonight the city still needs these wells to support the city's future water supply. The three wells aim to meet the daily water demand within city limits, especially during emergencies or peak summer use, and ensure we meet state requirements for pressure and velocity, enhancing our capacity and operational efficiency. 6.1. Presentation, discussion, and possible action of minutes for: • June 12, 2025 Council Meeting 6.2. Presentation, discussion, and possible action on a contract award to Incircle Management, Inc. for Citv-wide landscape maintenance and mowing for an amount not -to -exceed $1,079,050.42. 6.3. Presentation, discussion, and possible action on a change order to the design contract with Mitchell & Morgan, LLP for additional design work for the relocation of Citv utilities in advance of TxDOT's SH6 Widening Proiect, not -to -exceed $466,279. 6.4. Presentation, discussion, and possible action on the second reading of a franchise agreement Ordinance No. 2025-4599 with Howdv Enterprises, LTD, for the collection of recvclables from commercial and multifamilv locations. 6.5. Presentation, discussion, and possible action on approval of a contract amendment with McCord Engineering, Inc. due to proiect scope revisions and additional changes to the electric facilities' "cleared and conflicts" list related to TxDOT's Hiuhwav 6 Widening Proiect. This amendment will increase the contract by $325.000 for a new not -to -exceed amount of $1,025,000. 6.6. Presentation, discussion, and possible action to award an Annual Price Agreement for the rental of Heavv Equipment and Machinery for an amount not to exceed $170,000 between Mustang Rental Service of Texas and United Rentals, Inc. 6.7. Presentation, discussion, and possible action on an amendment to a Construction Manager at Risk (CMAR) Contract with Garnev Construction., Inc. accepting the Guaranteed Maximum Price Amendment No. 2 (GMP No. 2) of $3,198,870.93 for the second earlv works package for Wells 10, 11, and 12 proiect, plus the Citv's contingencv in the amount of $319,887.10 for a total appropriation of $3,518,758.03. Approval of this item grants authoritv for the Citv Manager to authorize proiect expenditures up to the Citv's contingencv amount. 6.8. Presentation, discussion, and possible action on a professional services contract with Stanlev Consultants for an amount not -to -exceed $400,000 for protection and controls engineering and emeruencv call -out services for substation emergencies. MOTION: Upon a motion made by Councilmember Smith and a second by Councilmember McIlhaney, the City Council voted seven (7) for and none (0) opposed, to approve the Consent agenda apart from item 6.2. The motion carried unanimously. CCM 062625 Minutes Page 3 (6.2) 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 White voting against, to approve Consent Item 6.2, a contract award to Incircle Management, Inc. for City-wide landscape maintenance and mowing for an amount not -to -exceed $1,079,050.42. The motion carried. 7. WORKSHOP ITEMS 7.1. Presentation, discussion, and possible action relating to a summation of the Citv's legislative activities during the 89th legislative session. Ross Brady, Assistant to the City Manager, introduced Jennifer Rodriguez, the city's legislative consultant, to provide an update on the 89' session of the Texas Legislature. Jennifer Rodriguez, Attorney at Law, provided an update regarding the 2025 legislative session, highlighting legislation impacting City operations and management, bills likely to affect local governments, and ways in which the city can engage in the legislative process. She stated that the legislature convened on January 14th. Dustin Burrows, a Republican from Lubbock, was elected as the new Speaker of the House. The legislature set another record with the number of bills filed in 2025, surpassing the previous record set in 2023, and that the figures provided do not include the various resolutions filed. She believes that this trend will continue with advancements in technology, including the use of Al to draft bills. Historically, the legislature has passed about 14% of the bills filed regardless of the total number of bills, and that this percentage is consistent with past sessions. Issues such as land use, taxation, utilities, economic development, and elections were frequently addressed. Key legislative items included: • Impact Fees - SB 1883 • Lot Density - SB 15 • Anti -CS Annexation - SB 1509 (did not advance) • "No More than Four" - SB 1567 Mrs. Rodriguez went on to explain that preemptive bills intended to build on and expand HB 2127 from 2023, referred to as the "Death Star" bill, failed to progress in the House. Additionally, HB 223 stipulates that procurement for lobbying, government relations, or similar services intended to influence state or federal lawmakers on behalf of a municipality is not exempt from competitive bidding or proposal requirements applicable to certain municipal expenditures. This provision takes effect on September 1, 2025, and applies only to contracts for procurement made on or after the effective date. Additionally, Mrs. Rodriguez stated that Governor Abbott announced that a special session will begin on Monday, July 21 st to reconsider several vetoed bills and those filed without signature. The most discussed issue is the veto of SB 3, which would have banned THC products. The governor prefers regulation over a full ban, while the lieutenant governor supports a total ban. Congressional redistricting, though rumored, was not included on the list from the governor's office. Details of the special session's scope will be specified in the forthcoming official proclamation. SB 1758 was filed without signature; the rest were vetoed. 7.2. Presentation, discussion, and possible action on a Wolf Pen Creek Master Plan. Kelsey Heiden, Parks Director, presented an overview of the Wolf Pen Creek Master Plan, highlighting potential improvements and noting that attendance increased by 12% from 2023 to 2024. CCM 062625 Minutes Page 4 The plan includes updates for the park, amphitheater, festival site, and trails. Challenges such as flooding and silt deposition are addressed with a grant application for erosion control in partnership with Texas A&M. The plan aims to maintain the park's aesthetic, drawing inspiration from San Antonio's Pearl District and Aggie Park. Proposed improvements include: • Amphitheatre -Style Seating • Shade Addition • Food Truck Areas • Restroom Upgrades • Water Feature or Splash Pad • Gathering Space Pavilion • Amphitheatre Entry Points A third party has shown interest in partnering on programming and enhancements, aligning with proposals and potentially providing funding. A request for proposals from the public would be a requirement for this type of agreement. A consensus of council requested staff to explore a combination of filling in the moat in front of the stage, different types of seating, shade and cover, greenroom and amphitheater improvements for guests and performers, and possible 3rd party partnerships with a request for proposal. 7.3. Presentation, discussion, and possible action related to the Capital Improvement Proiects update. Jennifer Cain, Capital Projects Director, stated there are about 90 active Capital Improvement Projects and provided an update on the following: • Rock Prairie Road Widening: Phases 1-5 completed; Phase 6 to finish by late September 2025. • Rock Prairie East Widening: 90% design and land acquisition in progress. • Krenek Tap Rehabilitation: Reviewing final plans, preparing bid documents. • Lincoln Avenue Rehab: Construction underway; several sections complete or in progress. • New Water Wells (10, 11, 12): 75% design review; test well construction ongoing. • McCulloch Utility Rehab: Most water and sewer lines installed; road patching underway. • Bee Creek Phase 3: Manhole rehabilitation nearing completion. • Bachmann Park Buildings: 85% complete; dugouts, seating, and paving in progress. • Central Park Operations Shop: 70% complete. • Lincoln Center Area Improvements: Phase 1 design 98% complete; Phase 2 design 90% complete. • Thomas Park Improvements: In schematic design phase. • Texas Independence Park: Design development ongoing. • Ballfields at Veterans Park: Concept plan under review. • Fire Station No.7: Utilities, sidewalks, and site clearing in progress. • Foster Sidewalks: Near completion from Walton Dr. to Francis Dr.; in progress from Gilchrist Ave to George Bush Dr. • Completed Bond Projects: Pickleball & Multi -Use Courts at Anderson Park, Bee Creek and Central Park Tennis Courts. 7.4. Presentation, discussion, and possible action related to a Parks and Recreation department annual update. Kelsey Heiden, Parks Director, provided an annual update to the Parks and Recreation Department. CCM 062625 Minutes Page 5 Rental Revenue (mostly tournaments): 5214,713 Oct - Dec 2024 Jan - Sept 2025 Tourism Event Visitors • 5 tournaments • 20 tournaments Oct - Dec 2024: 23,760 people • 4 softball • 4 soccer Jan - Sept 2025: 101,560 • 1 soccer • 12 softball • 1 marathon • 2 football • 2 with multiple sports Local Park Grant I Recreational Trails Grant • Texas Independence Park at Midtown received $287,997 for the west phase trails project. • $1.52 million from the state Sporting Goods Sales Tax was allocated for eligible trail projects. • The Local Park Grant in January amounted to $750,000. Mrs. Heiden stated that College Station was certified as a Bird City by Texas Parks and Wildlife and Audubon Texas in January. Efforts that went towards earning the certification included community science birding, bird -friendly education programs, and Lights Out for Birds. Brison Park was named a Lone Star Legacy Park, recognized for its lasting significance to the local community and Texas. She went on to state that the department has participated in a system -wide condition assessment addressing aging infrastructure and for FY25, the parks and recreation department received a $2.5 million budget for infrastructure improvements. A plan is in place to repair water fountains, resurface courts, and update four playgrounds in the first round of a two-year plan. Other department updates include: • Aquatic programs had 38,251 public swimming visitors, gave 1,581swim lessons, and introduced new programs for sensory swimming, private swimming lessons, and Dive -In Movies. • The Athletic Programs had 394 adult sport league teams, 57 youth basketball teams, there were 12 partners in field allocation, 27 challenger bowling teams, and 387 individual participants in Tennis programs. • Lincoln Center Programs afterschool participants totaled 258, 259 summer camp enrolments, and 125 adult memberships. • Senior Services has 389 individuals with a total of 11,834 individual pass scans to programs. • Cemeteries had a year-to-date sale of $397,065 with 157 internments between College Station Cemetery and Memorial Cemetery — Aggie Field of Honor. • Community Events included Trunk or Tree-t at Wolf Pen Creek, Food Truck Wednesdays, Christmas in the Park, and the Starlight Music Series. • Conservation Outreach Event attendees included 594 at Star Party, 553 Monarch March, 292 World Migratory Bird Day, 135 at Park in the Dark, and 289 to Summer Camps. • Cooling College Station programs gave away 1000 Loblolly Pines at Christmas in the Park Pine Giveaway and 1450 trees at the Texas Native Tree Giveaway. Games of Texas will be 12 sports across 10 venues with 5 sports in College Station (Boxing, Soccer, Track & Field, Tennis, Judo) and see an estimated 12,000 athletes, plus their family and friends. Mrs. Heiden closed the presentation by highlighting the I Heart America Celebration, now in its second year. CCM 062625 Minutes Page 6 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2025- 4600 amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the Citv of College Station, Texas by changing the zoning district boundary from R Rural to CI Commercial Industrial for approximately 19.33 acres at 2855 Graham Road North, generally located at the intersection of Graham Road and Old Wellborn Road. Bekha Blasingame, Planning and Development, explained that the request is to rezone approximately 19.33 acres at Graham Rd North and Old Wellborn Road, next to Union Pacific Railroad and FM 2154 (Wellborn Rd), from R Rural to Cl Commercial Industrial. The vacant, unplatted property was zoned A-O Agricultural Open, now R Rural, in 1996 upon annexation. The applicant seeks rezoning to develop a commercial amusement use, including a driving range and outdoor games, which the current R Rural zoning does not permit. Staff recommends approval of the rezoning request. This item was heard at the June 5th Planning and Zoning Commission meeting where the Commission voted 6-0 to recommend approval. At approximately 9:02 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 9:02 p.m. 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. 2025-4600, amending Appendix A, Unified Development Ordinance, Article 4, "Zoning Districts," Section 4.2 "Official Zoning Map," of the Code of Ordinances of the City of College Station, Texas by changing the zoning district boundary from R Rural to CI Commercial Industrial for approximately 19.33 acres at 2855 Graham Road North, generally located at the intersection of Graham Road and Old Wellborn Road. The motion carried unanimously. 8.2. Presentation, discussion, and possible action on a settlement agreement regarding Texas A&M University Svstem v. BVGCD, et al, Cause No. 24-002626-CV-472, in the 472nd District Court, Brazos County, Texas. Adam Falco, City Attorney, reported that the Texas A&M University System (TAMUS) filed a lawsuit against the Brazos Valley Groundwater Conservation District (BVGCD) and their General Manager seeking injunctive relief. The suit claims that certain groundwater operating permits and a transport permit issued by the BVGCD to a group of landowners were not properly issued and should be referred to the State Office of Administrative Hearings (SOAH) for contested case hearings. Upwell Brazos Valley Farms is developing a groundwater export project with seven other landowners to produce and export Simsboro groundwater in accordance with the settlement agreement's terms. The landowners intervened to defend the district's issuance of the mentioned permits, while the City of College Station, the City of Bryan, and Brazos County (collectively called Brazos County Entities) supported TAMUS's position. Prior to the lawsuit, in June 2024, TAMUS and the Brazos County Entities filed requests for contested case hearings on the landowners' seven other transport applications, which are pending at SOAH. All parties mediated their disputes and reached an agreement, pending final approvals by the BVCGD board, each city's city council, and other authorized bodies involved in the dispute. The parties aim to settle the lawsuit and the SOAH proceedings, including all asserted claims, upon approval of the settlement agreement. CCM 062625 Minutes Page 7 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 settlement agreement regarding Texas A&M University System v. BVGCD, et al, Cause No. 24-002626-CV-472, in the 472nd District Court, Brazos County, Texas. The motion carried unanimously. 9. Items of Communitv Interest and Council Calendar: The Council may discuss upcoming, events and receive reports from a Council Member or Citv Staff about items of community 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 emplovee, or other citizen; reminders of upcoming events organized or sponsored by the Citv of College Station, information about a social, ceremonial or community event organized or sponsored by an entity other than the Citv of College Station that is scheduled to be attended by a Council Member, another citv official or staff of the Citv of College Station; and announcements involving an imminent threat to the public health and safety of people in the Citv of College Station that has arisen after the posting of the agenda. Nothing to report. 10. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of Citv 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. 11. Future Agenda Items and Review of Standing List of Council Generated Future Agenda Items: A Council Member may make a request to Citv 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 Citv 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. Anv 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. No future items at this time. 12. Adiournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 9:15 p.m. on Thursday, June 26, 2025. ? P- +�_ John P. Nichols, Mayor ATTE T: Tanya SmA, City Secretary CCM 062625 Minutes Page 8