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HomeMy WebLinkAbout08/24/2023 - Regular Minutes - City CouncilCCM 082423 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION AUGUST 24, 2023 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith William Wright Linda Harvell Elizabeth Cunha – arrived late. 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 August 24, 2023, in the Council Chambers of the City of College Station City Hall, 1101 Texas Avenue, College Station, Texas 77840. 2. Executive Session Agenda. In accordance with the Texas Government Code §551.071-Consultation with Attorney, §551.072-Real Estate, and §551.074-Personnel, the College Station City Council convened into Executive Session at 4:00 p.m. on August 24, 2023, to continue discussing matters pertaining to: 2.1. Consultation with Attorney to seek advice regarding pending or contemplated litigation, to wit:  Kathryn A. Stever-Harper as Executrix for the Estate of John Wesley Harper v. City of College Station and Judy Meeks; No. 15,977-PC in the County Court No. 1, Brazos County, Texas; and  McCrory Investments II, LLC d/b/a Southwest Stor Mor v. City of College Station; Cause No. 17-000914-CV-361; In the 361st District Court, Brazos County, Texas; and  Shana Elliott and Lawrence Kalke v. City of College Station, et al., Cause No. 22-001122-CV- 85, in the 85th District Court, Brazos County, Texas; and CCM 082423 Minutes Page 2  City of College Station v. 47 Oaks, LLC, Cause No. 626-CC, in the County Court at Law No. 2 of Brazos County, Texas; and  SOAH Docket No. 473-22-2464 and PUC Docket No. 52728 – Application of the City of College Station to Change Rates for Wholesale Transmission Services; and  Legal advice regarding Texas Independence Ball Park. 2.2. Deliberation on the purchase, exchange, lease, or value of real property; to wit:  Approximately 28 acres of land generally located at Midtown Drive and Corporate Pkwy in the Midtown Business Park. 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 6:08 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. Invocation was given by Dr. Peter Tarlow. 5. Hear Visitors Comments. Ed Udell, College Station, came before Council representing the College Station Senior Advisory Group, updating Council on their activities and desire to help with the senior events and programing. Cari Bullington, College Station, came before Council to give a brief overview of the Brazos Valley YMCA Initiative. Ms. Bullington explained that today, over 60% of the YMCAs built in the US are accomplished through a partnership with a municipality, hospital, school district, and/or developer, often multiple entities collaborate. Jennifer Weber, Bryan, came before Council to state her concerns with the boring through Rosemary. Ms. Weber explained different areas that were affected by past boring on N. Harvey Mitchell Pkwy. She believes there is damage 20 years after construction which include wallowing and heaving in the right of way. 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, 6.3, 6.4, 6.5, 6.6 and 6.10 were pulled from Consent for clarification. (6.2) Emily Fisher, Public Works Director, explained that the agreement, approved in September of 2021, specifies TAMU's participation as the lesser of either one-half of the deployment costs per year or a not to exceed amount of $57,000 per year. The city invoices TAMU after the final home football CCM 082423 Minutes Page 3 game each season. Since the total amount of this year's contract is $122,535, TAMU's portion will be $57,000, assuming the full amount is utilized. The interlocal agreement has a five (5) year term, expiring in 2026. (6.3) Jennifer Cain, Capital Projects Director, stated that this project will widen Rock Prairie East from Town Lake Drive to William D. Fitch Parkway, transforming the two-lane asphalt roadway into a four-lane concrete roadway with separated bike lanes and sidewalks along each side. In addition, the project will include storm sewer, street lighting, and a traffic signal at Town Lake. (6.4) Jennifer Cain, Capital Projects Director, explained the difference between the received bids and why staff did not select a lower bid. This project includes the reconstruction of Rock Prairie Road from approximately State Highway 6 to Town Lake. The existing asphalt road will be replaced with a concrete roadway including curb, gutter, underground storm sewer, bike paths, and sidewalks. The City of College Station received three (3) Competitive Sealed Proposals (CSP). After evaluating the proposals, Brazos Paving, Inc. was selected as the most qualified firm. The project is proposed to begin in Fall of 2023 and is contracted to take 600 calendar days to complete. (6.5) Ross Brady, Assistant to the City Manager, explained the impact of the settlement on average residential rates is an increase of $6.47 monthly, or 7.31%. The increase for average commercial usage will be $24.72 or 5.19%. Atmos provided bill impact comparisons containing these figures. Application of the standards set forth in ACSC’s RRM Tariff reduces the Company’s rate request from $165.9 million to $156.1 million, $113.8 million of which would be applicable to ACSC members. (6.6) Mary Ellen Leonard, Finance Director, explained that every fiscal year there are a number of expenditures incorporated in the approved budget that are not subject to competitive bidding or proposals. These expenditures are for sole source purchases; expenditures for personal, professional, or planning services; capital replacement parts for equipment, and other exemptions more fully described in LGC 252.022 and other expenditures for interlocal contracts or fees mandated by state law. The intent of this item is for Council to authorize the expenditure(s) which will provide the ability to conduct daily affairs of the city which involve numerous decisions of a routine nature. (6.10) Mary Ellen Leonard, Finance Director, explained on August 11, 2023, the Governor of the State of Texas declared a state of disaster pursuant to Texas Government Code based on the wildfire conditions posing an imminent threat of widespread or severe damage, injury or loss of life or property throughout the State of Texas, including Brazos County, and such declaration is effective to date Texas Tax Code § 26.042 provides the governing body of a taxing unit located in an area declared to be a disaster area by the Governor or by the President of the United States may direct the designated officer of the City to calculate the voter-approval tax rate in the manner provided for a special taxing unit (8 percent). Staff will continually evaluate the known and projected impacts of wildfires on the FY24 proposed budget as well as the strategic five-year financial plan thru FY26. The Proposed FY25 Budget will not be prepared and presented to the Council until July 2024. 6.1. Presentation, discussion, and possible action of minutes for:  August 10, 2023 Council Meeting 6.2. Presentation, discussion, and possible action regarding a general services contract with Buyers Barricades Houston, LLC in a not to exceed amount of $122,535 for the 2023 TAMU Football Post Game Day Traffic Control. CCM 082423 Minutes Page 4 6.3. Presentation, discussion, and possible action on a contract with Binkley & Barfield | DCCM, Inc. in the amount of $1,404,740.50 for professional services for the Rock Prairie East Widening Project (Town Lake Dr. to William D. Fitch Pkwy) as part of the 2022 Bond Program. 6.4. Presentation, discussion, and possible action on a construction contract with Brazos Paving, Inc. in the amount of $7,840,856.15 for construction services for the Rock Prairie East Widening Project (Hwy. 6 to Town Lake Dr.), plus the City’s contingency in the amount of $392,000 for a total appropriation of $8,232,856.15. Approval of this item grants authority for the City Manager to authorize expenditures up to the City's contingency amount. 6.5. Presentation, discussion, and possible action on the Atmos Mid-Tex 2023 Rate Review Mechanism (RRM) Ordinance No. 2023-4456. 6.6. Presentation, discussion, and possible action to authorize expenditure of funds for Fiscal Year 2024 for items exempt from competitive bidding as described more fully in Texas Local Government Code, Chapter 252.022 and other expenditures for interlocal contracts or fees mandated by state law that are greater than $100,000; and to authorize the City Manager to approve contracts and expenditures that are on the exemption list. 6.7. Presentation, discussion, and possible action on the fourth renewal of an annual contract for Professional Auditing Services with FORVIS, LLP (formerly BKD, LLP) for an amount not to exceed $150,000. 6.8. Presentation, discussion, and possible action on an Interlocal Agreement between the City of College Station and Brazos County Emergency Service District 4 for the transfer of a surplus vehicle. 6.9. Presentation, discussion, and possible action regarding an amendment to the Funding Agreement for Payment and Use of Hotel Tax with the Arts Council of the Brazos Valley for FY23. 6.10. Presentation, discussion, and possible action regarding Resolution No. 08-24-23-6.10 directing the Brazos County Tax Office to calculate the FY25 voter-approved rate in the manner provided for a special taxing unit affected by a disaster declaration. The Proposed FY25 Budget will not be prepared and presented to the City Council until July 2024. 6.11. Presentation, discussion, and possible action on a contract with Elliott Construction, LLC, not to exceed $116,900 for the repair of an existing 8-inch wastewater line at Montclair Avenue and Park Place, plus $35,000 in contingencies for a total appropriation of $151,900. Approval of this item grants authority for the City Manager to authorize expenditures up to the City’s contingency amount. 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 the Consent Items, except for Item 6.10. The motion carried unanimously. (6.10) MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to approve the Consent Item 6.10, Resolution No. 08-24-23-6.10 directing the Brazos County Tax Office to calculate the FY25 voter-approved rate in the manner provided for a special taxing unit CCM 082423 Minutes Page 5 affected by a disaster declaration. The Proposed FY25 Budget will not be prepared and presented t o the City Council until July 2024. The motion carried. 7. WORKSHOP ITEMS 7.1. Presentation, discussion, and possible action regarding the Texas Independence Ballpark Project. Jennifer Cain, Director Capital Projects, gave a brief overview of the Texas Independence Ballpark Project including a brief history of its current milestones. Gravity Sewer Line Project  Cost (work in park):  $1.4 million  Timeline (work in park):  May-September 2022  Carter Creek Gravity Main  Soil Boring Location for Gravity Main Project Budget Information  Project Budget: $23,100,000 ($6.8 million from HOT funds) *  Budget Encumbered (thru 8/18/23): $13,374,253.31  Budget Spent (thru 8/18/23): $4,749,998.48  Design Contract: $1,344,796  Design Contract Spent (thru 8/18/23): $1,171,865  Design Contract Remaining/Encumbered (thru 8/18/23): $172,931.83  Construction Contract: $16,692,170.48  Construction Contract Spent (thru 8/18/23): $3,490,849  Construction Contract Remaining/Encumbered (thru 8/18/23): $13,201,321.48  Geotechnical Report: 26 Boring Locations  Subgrade Soils  Additional Testing Options for Consideration  Continue forward with Texas Independence Ballpark  Remove and Replace with Select Fill  Remove, mix with lime, compact in lifts  Remove, Mix, compact in lifts  Recommended course of action from the geotechnical engineer  Estimated cost range for these options: $10 million to $16.1 million  Discontinue Project  Return property to a stabilized site  Utilize existing infrastructure for a community/passive park  Identify potential alternate location(s) for baseball fields Council directed staff to discontinue project: return property to a stabilized site, utilize existing infrastructure for a community and passive park, engage the Parks and Recreation Committee on best future uses, and identify potential alternate location(s) for baseball fields. CCM 082423 Minutes Page 6 8. REGULAR ITEMS 8.1. Public Hearing, presentation, discussion, and possible action on the City of College Station 2024 advertised ad valorem tax rate of $0.513086 per $100 valuation, resulting in an increase in tax revenues. Mary Ellen Leonard, Finance Director, stated that this public hearing is on a rate of $0.513086 per $100 assessed valuation, which is a decrease in the tax rate from the 2023 tax rate of $0.011527. The notice of this public hearing was placed in the Eagle, as well as on the City's internet site, and the City's television channel. The City Council will vote on the tax rate at this August 24 meeting at 6:00 pm. The public hearing tax rate of $0.513086 per $100 assessed valuation will generate $70,457,181 in taxes. The property taxes are used to fund the general debt service of the City as well as a portion of the operations and maintenance costs of the General Fund. At approximately 7:44 p.m., Mayor Nichols opened the Public Hearing. Craig Regan, College Station, came to Council to implore them to be creative, more cost effective, and use creative governance when forming the budget. Lloyd Davis, College Station, came to Council to discus the financial future of the city because he believes that the debt service portion of the budget will hit 50% in a few years if corrective action is not taken. There being no further comments, the Public Hearing was closed at 7:54 p.m. 8.2. Presentation, discussion, and possible action on Ordinance No. 2023-4457 adopting the City of College Station 2023-2024 Budget; and presentation, discussion, and possible action ratifying the property tax revenue increase reflected in the budget. Mary Ellen Leonard, Finance Director, stated that there are two actions requested of Council in this agenda item. First is the consideration of the 2023 - 2024 proposed budget. The City Council received the proposed budget on July 11, 2023 and held budget workshops on July 17th and July 18th. The City Council held a public hearing on the proposed budget on July 27th. The charter requires that the City Council adopt CCM 082423 Minutes Page 7 a budget no later than September 27th. The City Council will need to include any proposed revisions to the budget in the motion to adopt the budget. The second action is ratification of the property tax revenue increase reflected in the budget. This action is required due to recently enacted legislation. House Bill 3195 amends the local government code to say the following: "(c) Adoption of a budget that will require r aising more revenue from property taxes than in the previous year requires a separate vote of the governing body to ratify the property tax increase reflected in the budget. A vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate as required by Chapter 26, Tax Code, or other law." The proposed budget will result in additional property tax revenues over last year of approximately $9,791,870. The proposed tax rate is $0.513086 per $100 assessed valuation, which is a ($0.011527) decrease from the FY23 tax rate. The following is an overall summary of the proposed budget with workshop revisions. Subtotal Operation and Maintenance: $357,068,355 Subtotal Capital: 134,945,416 Total Proposed Budget: $492,013,771 MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Maloney, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to adopt Ordinance No. 2023-4457, the proposed FY24 budget for the City of College Station including proposed revisions of an increase of $28,997 for a total proposed budget with revisions of $492,052,768.” The motion carried. 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 ratify the property tax increase reflected in the FY24 budget.” The motion carried unanimously. 8.3 Presentation, discussion, and possible action on Ordinance No. 2023-4458 adopting the City of College Station 2023-2024 ad valorem tax rate of $0.513086 per $100 assessed valuation, the debt service portion being $0.211442 per $100 assessed valuation and the operations and maintenance portion being $0.301644 per $100 assessed valuation. Mary Ellen Leonard, Finance Director, stated that on August 10th, the City Council discussed the tax rate and called a public hearing on a tax rate of $0.513086. This rate is a $(0.011527) decrease CCM 082423 Minutes Page 8 compared to the current tax rate. The tax rate must be adopted as two separate components – one for Operations and Maintenance and one for Debt Service. $0.301644 O&M $0.211442 Debt Service $0.513086 Total Tax Rate This is the tax rate that was used to prepare the proposed budget. If the City Council adopts a tax rate lower than the proposed rate, the budget will have to be amended and reduced. Current Tax Rate: $0.524613 No New Revenue Tax Rate: $0.455159 Voter Approved Tax Rate: $0.513086 Proposed Tax Rate: $0.513086 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Smith, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-4458, the property tax rate be increased by the adoption of a tax rate of 51.3086 cents per $100 assessed valuation, which is effectively a 12.73 percent increase in the tax rate,” and the Maintenance and Operations rate be 30.1644 cents per $100 assessed valuation; and the Debt Service rate be 21.1442 cents per $100 assessed valuation.” The motion carried unanimously. 8.4. Presentation, discussion, and possible action on Resolution No. 08-24-23-8.4 adopting fees, rates and charges as provided by Chapter 2 “Adminis tration”, Article V “Finance”, Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas. Mary Ellen Leonard, Finance Director, stated that all fees, rates and charges in the Code of Ordinances are adopted by resolution of the City Council as provided in Sec. 2-117 of the Code. Each year with the budget the Council adopts a new resolution to keep the fees, rates, and charges current. CCM 082423 Minutes Page 9 MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to approve Resolution No. 08-24- 23-8.4, adopting fees, rates and charges as provided by Chapter 2 “Administration”, Article V “Finance”, Division 2 “Fees, Rates and Charges” of the Code of Ordinances, City of College Station, Texas. The motion carried unanimously. 8.5. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4459 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 amending the concept plan on approximately 33 acres PDD Planned Development District located at 5900 Rock Prairie Road.” Jesse Dimeolo, Planning and Development, stated that this portion of Midtown Reserve Subdivision was added to its master plan when the original PDD zoning, adopted in 2017, was amended in June 2020. In November 2022, the applicant requested the multi-use path that goes through the property be removed from the Comprehensive Plan. After receiving recommendations for denial from City Staff, the Bicycle Pedestrian and Greenways Board, and the Planning and Zoning Commission, the applicant decided to withdraw the request before going to City Council. This alternative request is considered a concept plan amendment, not a comprehensive plan amendment since the current proposal is to keep the path in the same general area and not remove it completely. Mr. Dimeolo explained that the plan is to move the multi-use path from the east side of the Natural Area Protected in Phase 115 of Midtown Reserve to the west side of the natural area. A portion of the path is proposed to be located on the adjacent Rock Prairie Baptist Church property and connect to Rock Prairie Road. A public access easement that covers the proposed multi-use path location across the church and subject properties has been signed by both landowners, reviewed by city staff, and filed at the county courthouse. As this request modifies the location of the planned multi-use path on the PDD concept plan, it is required to go before the Planning and Zoning Commission for recommendation and the City Council for final adoption. The Planning and Zoning Commission heard this item at their August 17th meeting and voted to recommend approval of the concept plan amendment. CCM 082423 Minutes Page 10 Staff recommends approval of the Concept Plan amendment, with the following conditions that must be met prior to the amended Concept Plan becoming effective: 1. That a public access easement for a pedestrian path and landscaping, meeting City specifications, located on the adjacent Rock Prairie Baptist Church property (5000 Rock Prairie Road) is approved by the City and recorded with Brazos County. 2. That the pedestrian path and landscaping is constructed and maintained by the Rock Prairie Municipal Management District Number 2. The Bicycle, Pedestrian, and Greenways Advisory Board heard this item at their 8/14/23 meeting and unanimously recommended to approve the request. The Planning and Zoning Commission heard this item at their 8/17/23 meeting and voted 5-0 to recommend approval.  Public access easement for multi-use path and landscaping meeting City specifications be approved and recorded at the County.  The path be constructed and maintained by the Rock Prairie Municipal Management District Number 2. At approximately 8:38 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:38 p.m. MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Yancy, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023-4459, 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 amending the concept plan on approximately 33 acres PDD Planned Development District located at 5900 Rock Prairie Road, with conditions as staff presented.” The motion carried unanimously. 8.6. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4460 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 GC General Commercial to GS General Suburban for approximately 0.356 acres, being a portion of Lot 1R -2 Holleman Place Subdivision, generally located at 217 Richards Street. Jesse Dimeolo, Planning and Development, stated that this request is to rezone approximately 0.356 acres of land generally located at 217 Richards Street from GC General Commercial to GS General Suburban. The subject property was reserved for a future office building but is currently undeveloped. It is the applicant’s intent to replat the property into three residential lots. Staff recommends approval of this rezoning request as it is in line with the Comprehensive Plan and compatible with the surrounding area. This item was heard at the August 3rd Planning and Zoning Commission meeting where the Commission voted 5-1 to recommend approval. At approximately 8:43 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:43 p.m. 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 adopt Ordinance No. 2023 -4460, amending Appendix A, Unified Development Ordinance, Article 4, “Zoning Districts,” Section 4.2 CCM 082423 Minutes Page 11 “Official Zoning Map,” of the Code of Ordinances of the City of College Station, Texas, by changing the zoning district boundary from GC General Commercial to GS General Suburban for approximately 0.356 acres, being a portion of Lot 1R-2 Holleman Place Subdivision, generally located at 217 Richards Street. The motion carried unanimously. 8.7. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4461 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 GC General Commercial to WPC Wolf Pen Creek for approximately 0.092 Acres at 213 Holleman Drive East, generally located at the intersection of Holleman Drive East and George Bush Drive East. Items 8.7 and 8.8 were presented together. 8.8. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4462 to consider a Conditional Use Permit for ground floor multifamily in the WPC Wolf Pen Creek zoning district on approximately 1.02 acres located at 213-219 Holleman Drive East, generally located at the intersection of George Bush Drive East and Holleman Drive East. Gabriel Schrum, Planning and Development, stated that this request is to rezone approximately 0.092 acres of land generally located at the intersection of Holleman Drive East and George Bush Drive East from GC General Commercial to WPC Wolf Pen Creek. The lot proposed to be rezoned consists of a singular portion of the undeveloped strip of land in front of The Arbors apartments. The property was originally zoned R Rural upon annexation to the City in 1958. This property was rezoned to WPC Wolf Pen Creek in 1988 when the Wolf Pen Creek Plan was adopted but rezoned to C -1 General Commercial (now GC General Commercial) in 1996. This zoning request is to provide a feasible development opportunity for the property and be consistent with the rest of the block which is zoned WPC Wolf Pen Creek. This item was heard at the August 17th Planning and Zoning meeting. The applicant states that in this Neighborhood Center area, there is no possibi lity of marketing the site without a larger development. The individual lot is currently zoned GC General Commercial which is not consistent with the rest of the block that is zoned WPC Wolf Pen Creek. Rezoning the property to WPC Wolf Pen Creek will make the property more marketable in the future since it will be part of a contiguous development. Staff recommends approval of this rezoning request as it is in line with the Comprehensive Plan and compatible with the surrounding area. Mr. Schrum stated also that this request is for a Conditional Use Permit to allow the use of multi- family on the ground floor of the undeveloped lots on the corner of George Bush Drive East and Holleman Drive East, known as 213-219 Holleman Drive East. This is a step in the entitlement process to have this proposed use on the property, and the accompanied rezoning (Case #REZ2023-000008) must be adopted for the project to be eligible within this CUP request. The applicant is proposing a multi-family development to these subject lots with the submittal of a site plan (SP2022-000069). The proposed 30-unit apartment building is 3-stories with rear parking, keeping the site plan and circulation harmonious with the surrounding area’s urban character. The site limits access to the surrounding streets by gating the side closest to George Bush Dr E. Staff recommends approval of the Conditional Use Permit request with the following conditions: 1. No public access shall be allowed onto George Bush Drive East, but rather the installati on of Grasscrete, and a gate with Knox Box for Fire access. CCM 082423 Minutes Page 12 2. The buildings shall have a reduced building setback on Holleman Drive East, with pedestrian access from the units to existing sidewalks to be in-line with the intended urban form of the zoning district. 3. The development shall conform to the attached site and landscape plans. The Planning and Zoning Commission heard both items at their 8/17/23 meeting and voted 5-0 to recommend approval. At approximately 8:50 p.m., Mayor Nichols opened the Public Hearings. There being no further comments, the Public Hearings were closed at 8:50 p.m. (8.7) MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Harvell, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023- 4461, 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 GC General Commercial to WPC Wolf Pen Creek for approximately 0.092 Acres at 213 Holleman Drive East, generally located at the intersection of Holleman Drive East and George Bush Drive East. The motion carried unanimously. (8.8) MOTION: Upon a motion made by Councilmember Maloney and a second by Councilmember Wright, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023 - 4462, to consider a Conditional Use Permit for ground floor multifamily in the WPC Wolf Pen Creek zoning district on approximately 1.02 acres located at 213-219 Holleman Drive East, generally located at the intersection of George Bush Drive East and Holleman Drive East. 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 h oliday 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 organ ized 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 Smith recognized BVSWMA for their approval from TCEQ for bio-research on cutting edge waste disposal. Mayor Nichols recognized Debbie Eller and Dan Garcia for their services to the city. He also recognized Bailey Brown, The Eagle, as she will be moving from the newspaper to another career opportunity. CCM 082423 Minutes Page 13 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) Nothing to report at this time. 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 s tatus 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 9:02 p.m. on Thursday, August 24, 2023. ________________________ John P. Nichols, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary