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HomeMy WebLinkAbout10/26/2023 - Regular Minutes - City CouncilCCM 102623 Minutes Page 1 MINUTES OF THE CITY COUNCIL MEETING IN-PERSON WITH TELECONFERENCE PARTICIPATION CITY OF COLLEGE STATION OCTOBER 26, 2023 STATE OF TEXAS § § COUNTY OF BRAZOS § Present: John Nichols, Mayor Council: Mark Smith William Wright Linda Harvell Elizabeth Cunha Bob Yancy Dennis Maloney City Staff: Bryan Woods, City Manager Jeff Capps, Deputy City Manager Adam Falco, City Attorney Leslie Whitten, Deputy City Attorney Tanya Smith, City Secretary Kimberly Dickey, Records Management Administrator 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 4:01 p.m. on October 26, 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 4:01 p.m. on October 26, 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 102623 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 the rezoning of property. 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.  Property generally located west of Texas State Highway 6 and in between Harvey Road and Holleman Drive.  Property generally located in the area of FM 60, Boyett Street, Church Ave. 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 6:09 p.m. No action was taken. 4. Pledge of Allegiance, Invocation, consider absence request. 5. PRESENTATION - PROCLAMATIONS, AWARDS, AND RECOGNITIONS. 5.1. Presentation proclaiming October 2023 as Arteriovenous Malformation Awareness Month. Mayor Nichols presented a proclamation marking October 2023 as “Arteriovenous Malformation Awareness Month” to Rilynn Lewis. 5.2. Presentation proclaiming the week of November 6th-10th, 2023 as Municipal Court Week. Mayor Nichols presented a proclamation of November 6th-10th of 2023 as “Municipal Court Week” to Judge Spillane and Municipal Court Staff. 6. Hear Visitors Comments. Shenicka Foley, College Station, came before Council to thank Council for the Wyatt Place. The Wyatt Place is a project the Council has supported for habitat homes that she will eventually call home for her and her children. Kimberly Topp, College Station, came before Council to request the to invest in a park with a dirt path/track for the College Station Mountain Bike Team and community to ride on. She stated that the team has been active since 2011 with 30 students and 17 volunteer coaches for the 2024 season. She went to suggest a few locations that dirt trails could be developed, such as Wolf Peen Creek Park, Rock Prairie Elementary School, and Southeast Community Park. CCM 102623 Minutes Page 3 Neo Jang, College Station, came before Council in support of the Mountain Bike Trails. Mary Linne, Bryan, came before Council regarding the Northeast Trunkline and sharing her concern that discussions still include a Rosemary route. 7. CONSENT ITEMS Presentation, discussion, and possible action on consent items which consi st 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. No items pulled for discussion. 7.1. Presentation, discussion, and possible action of minutes for:  October 12, 2023, Council Meeting 7.2. Presentation, discussion, and possible action on Resolution No. 10-26-23-7.2 authorizing an interlocal agreement for Gateway Monument Sign No. 3 with the Texas Department of Transportation (TXDOT). 7.3. Presentation, discussion, and possible action regarding Resolution No. 10-26-23-7.3 authorizing the application for the Bureau of Reclamation Water Resources and Planning Office WaterSMART Drought Response Program for the Well 6 Capacity Rehabilitation project. 7.4. Presentation, discussion, and possible action on Resolution No. 10-26-23-7.4 authorizing a license agreement with Wolf Den BCS, LLC pertaining to the approximately 0.41 square foot building encroachment, into the 15-foot public utility easement located on Lot 5, Block 1 of the Wolf Den Subdivision, according to the plat recorded in volume 18520, page 28 of the Official Public Records of Brazos County, Texas, more commonly known as 4138 Jeanne Drive. 7.5. Presentation, discussion, and possible action on a contract renewal with the Reynolds Company, LLC for the annual purchase of Water SCADA infrastructure products and services for an amount not to exceed $216,000. Councilmember Williams stepped out of the meeting. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Smith, the City Council voted six (6) for and none (0) opposed, to approve the Consent Items. The motion carried unanimously. 8. WORKSHOP ITEMS 8.1. Presentation, discussion, and possible action on an update on Texas A&M Off -Campus Student Services Office operations. Barbara Moore, Assistant to the City Manager, introduced Dr. Steffanie Baker, Director of Student Life and General Ramirez, Vice President for Student Affairs, to present a brief overview of the off- campus student services. CCM 102623 Minutes Page 4 12th Class Day enrollment 2023  56,779 Undergraduate  12,209 Graduate  68,988 Total College Station campus students  78,090 Total TAMU Count (College Station, HSC, Qatar, Galveston Remember Me +3 Educational Campaign  Fall 2023 Planned Activities  Student Life is currently planning for fall education. Our planning timeline includes:  June 2023  Initial creative call to plan the upcoming campaign – focused on Core Value of Integrity for image design.  Items included in fall campaign: bulk mail to all students, Campus ESP outreach, Yard Signs for across campus, Digital signage, Social Media content calendar items, sandwich boards, OCSS web page updates, new Koldus Banner  July  Design concepts full created and approved with intent to have all materials completed by August.  September  Launch fall campaign with email and social media blasts  Campaign will run mid-September to November New Student Conferences Efforts  Updated Online Orientation content - completed by all incoming undergraduate students, to create a more engaging video to further highlight important city ordinances like the “no more than 4” ordinance.  Videos Playing prior to Welcome to Aggieland Session and Financial Matters - the code video and the Remember Me +3 video from online orientation play in rotation with a few other vides the 20 minutes prior to the start of the two all call NSC sessions. Both students and family members are in these sessions.  Orientation Leaders discuss during small group sessions.  Website Enhancements - that include additional information about leases and other off campus responsibilities continue to be added.  Collaborative coordination with Residence Life - to shift students who will not be living on campus to Student Life for support and additional educational information. Off Campus Student Services (OCSS) office - Staffing Overview  Assistant Director  Community Liaison  Neighborhood Specialist  Off Campus Housing Specialist  Administrative Coordinator  Four of Five positions were filled by August 16, 2023  Over $400k in staffing resources invested by Texas A&M University! OCSS Office - Initiatives & Future Projects  Gig’em List in partnership with Debbie Eller and team.  Staff training and orientation.  Neighborhood engagement efforts. CCM 102623 Minutes Page 5  On-going “good neighbor” education and engagement for off campus students.  Smart leasing workshops and materials.  Individual consultation and support for students facing housing challenges.  Ongoing communication and outreach via parent and family channels.  Regular meetings between College Station leaders, TAMU administration, and TAMU student leaders to assess progress and address new issues as they arise. Mayor Nichols opened for Citizen Comments. Liana Vincent, College Station, spoke to as the first of several speakers on a single presentation to Council regarding what the Occupancy Enforcement Alliance (OEA) refers to as “taking the final steps” on enforcement of the occupation ordinance. She highlighted the following areas for the OEA: they recognize that the University has worked to educate students, education should be paired with enforcement they are trusting the City and Council to move to enforcement as neighborhoods have compromised while having realistic expectation as they see NMT4 as too generous. Shirley Dupriest, College Station, continued where the previous speaker left off and came before Council to recommend a Occupancy Disclosure Statement be included Leases and Home Sales. She stated that a signature by owner and tenants will prove they know the law in case of a violation. What does an occupancy disclosure do?  Signature by owner and tenants prove they know the law.  Signed disclosure required for rental or purchase agreements.  Describes the ordinance in layman’s terms.  Communicates the potential fines in layman’s terms.  States fine for owner if unable to provide signed disclosure. Why is the disclosure important?  Ensures tenants are aware of occupancy limits and fines (A five-bedroom house does not mean you may have 5 tenants)  Ensures investors understand rent will be paid by only 4 tenants and advertise accordingly.  Ensures co-signers (parents) are aware total rent is paid by only 4 tenants.  Civil penalty removes potential “criminal record” for tenants. Jacob McFarland, College Station, continued to speak for the OEA and stated that the city should engage in meaningful consequences and communication. They would like to see the City maintain the current fines as allowed by state law and establish and publish a grace period between fines and apply it uniformly. In addition, they would like to establish attainable and fair standards of evidence which they define as the following: use evidence from citizens, use a simple metrics (e.g., cars per house X number of days per month), issue citations consistently (minimize need for judgement from city officials), and allow violators to respond in court if needed. Fred Dupriest, College Station, came before Council speaking for the OEA to draw a contrast between civil vs. criminal enforcement and finalize the workflow previously proposed. He put forth that the primary objective is to reduce the threshold of evidence required to convict, secondary objective is to avoid creating a criminal record, and if there are consequences Civil will be more effective than Criminal. Lloyd Davis, College Station, came before Council as a speaker from the OEA to encourage the council to continue testing and modifying the processes to affectively address enforcement moving CCM 102623 Minutes Page 6 forward. He concluded that no future council will be as engaged and well educated on this issue than one currently elected. Katherine Edwards, College Station, came before Council as a member of the OEA requesting Council to protect our neighborhoods and the long-term residents here in College Station. She stated that there is affordable housing in the city but the students’ expectations are that they live in family neighborhoods, close to campus, with as many people as they want. She asks council to enforce the occupancy ordinance as promised in June of this year. Leigh James, College Station, came before Council and stated that the university has resources to address this issue, there are good landlords who enforce the occupancy ordinance, and it is time to protect the city’s permanent residents. Bill Griffin, College Station, came before Council to speak on enforcement of the occupancy ordinance and request the university do more to house the students as only 15% of students can have on-campus housing. There being no further comments, the Citizen Comments was closed. Councilmember Williams returned to meeting. 9. REGULAR ITEMS 9.1. Presentation, discussion, and possible action related to Resolution No. 10-26-23-9.1 creating a Texas Music Friendly Advisory Committee. Brian Piscacek, Assistant Director Economic Development, stated that in March 2023, the City of College Station initiated the certification process to become Texas Music Friendly and hosted a Texas Music Friendly workshop that was open to the public. Since the workshop, College Station has been working through the required certification steps to accomplish being one of Texas’ music friendly cities and will be presented as the fifty-first Texas Music Friendly City on November 2, 2023. During this process, staff have adopted a monthly gathering for local musicians known as "Hang Out & Tune In". These monthly mixers allow local musicians to network with one another, hear from individuals in the music industry, connect with venue owners, and showcase their talent during an open mic hour. The Texas Music Friendly program was first introduced in 2016 by the Texas Music Office and is the only Music Friendly Community Program in the U.S. This program provides Texas communities with a network to foster music industry growth and development. This resolution is the creation of a Texas Music Friendly Advisory Committee will assist in providing strategic direction to promote and support the industries within the city that directly impact the commercial music ecosystem . The Texas Music Friendly Advisory Committee shall be composed of up to twenty-five (25) local individuals qualified as set forth in the preamble. The City Council of the City of College Station shall delegate authority to the City Manager or his designee to appoint, remove, and fill vacancies for all members of the Texas Music Friendly Advisory Committee. MOTION: Upon a motion made by Councilmember Harvell and a second by Councilmember Wright, the City Council voted six (6) for and one (1) opposed, with Councilmember Cunha voting against, to approve Resolution No. 10-26-23-9.1, creating a Texas Music Friendly Advisory Committee. The motion carried. CCM 102623 Minutes Page 7 Mayor Nichols recessed the meeting at 8:13 p.m. The meeting reconvened at 8:23 p.m. 9.2. Public Hearing, presentation, discussion, and possible action on Ordinance No. 2023-4475 vacating and abandoning a 0.058-acre portion of right-of-way, generally located between Lots 5, 6, & 7 of Block 1 of the Southeast College Park Subdivision, also known as 802 Dexter Drive South. Parker Mathews, Planning and Development, stated that the right-of-way abandonment is being requested by the applicant to remediate a discrepancy between city and county platting. The original orientation of this property included a 15’ alley, however a replat was filed at the county that matches the current developed condition of the property. This discrepancy was identified as the owner is wishing to replat the lot to adjust lot lines. The purpose of the abandonment is to remove the existing city ROW from the already developed lot. At approximately 8:25 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 8:25 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Harvell, the City Council voted seven (7) for and non (0) opposed, to adopt Ordinance No. 2023-4475, vacating and abandoning a 0.058-acre portion of right-of-way, generally located between Lots 5, 6, & 7 of Block 1 of the Southeast College Park Subdivision, also known as 802 Dexter Drive South. The motion carried unanimously. 9.3 Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4476 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 GS General Suburban to PDD Planned Development District for approximately 2.799 acres located at 1115 Anderson Street, generally located at the intersection of Anderson Street and Clement Street, east of Holleman Drive. Gabriel Schrum, Planning and Development, stated that this request is to change the existing zoning from GS General Suburban to PDD Planned Development District with a base zoning of MF Multi - Family and associated Concept Plan on approximately 2.799 acres. The applicant is requesting the following modifications to the base zoning of MF:  To reduce the minimum number of dwelling units per acre from the required 12, to 3.  To reduce the parking requirements from one space per bedroom to one space for the first bedroom and then 0.5 space for each additional bedroom. The current requirement for multi- family is 1.5 spaces for one-bedroom units and 1.0 space per bedroom for units with two or more bedrooms. The applicant is providing a community benefit of landscaping and streetscaping. Staff recommends approval of the rezoning request and associated Concept Plan. The rezoning request is consistent with the Comprehensive Plan, and the requested modifications and provided benefits help ensure compatibility with adjacent properties. In addition, the additional landscape being proposed, along with streetscaping will limit any adverse impacts on the adjacent properties. By zoning the CCM 102623 Minutes Page 8 property PDD and having the associated Concept Plan, it further illustrates the location and details of the proposed use on the property. The Planning and Zoning Commission heard this item at their October 5, 2023 meeting and voted 5-0 to recommend approval. At approximately 8:38 p.m., Mayor Nichols opened for Citizen Comments. There being no further comments, the Citizen Comments was closed at 8:38 p.m. MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Maloney, the City Council voted seven (7) for and non (0) opposed, to adopt Ordinance No. 2023- 4476, 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 GS General Suburban to PDD Planned Development District for approximately 2.799 acres located at 1115 Anderson Street, generally located at the intersection of Anderson Street and Clement Street, east of Holleman Drive.. The motion carried unanimously. Regular Items No. 9.4 thru 9.7 were presented together with the exception of 9.7e which was presented separately due to Mayor Nichols recusing. 9.4. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4477 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 boundaries as follows: a. From MH Middle Housing or R-4 Multi-Family to MH Middle Housing and HOO High Occupancy Overlay or R-4 Multi-Family and HOO High Occupancy Overlay for approximately 2.85 acres being The Cooner Addition, Block 1, Lots 10 -19, generally located along Cooner Street; b. From D Duplex or MH Middle Housing to MH Middle Housing and HOO High Occupancy Overlay for approximately 4.6 acres being The Cooner Addition, Block 1, Lots 20-30, and Block 5, Lots 1-8, generally located along Cooner Street; c. From D Duplex or MH Middle Housing to MH Middle Housing and HOO High Occupancy Overlay for approximately 5.4 acres being College Vista, Block E, Lots 1-14, Block F, Lots 1-10, Block G, Lots 1-5, Block H, Lots 1-3, 4R-5R, and 6-7, generally located along Live Oak Street and Ash Street; d. From D Duplex or MH Middle Housing to MH Middle Housing and HOO High Occupancy Overlay for approximately 5.11 acres being University Oaks Phase 2, Block 5, Lots 1-13, 14R1-14R2, 15A1-15A2, 16A1-16A2, 21-23, 24A1-24A2, and 25R, generally located along Dominik Drive; e. From MH Middle Housing to MH Middle Housing and HOO High Occupancy Overlay for approximately 4.66 acres being Little-Knight Addition, Lots 1-18, generally located along Aurora Court, and; f. From GS General Suburban or MH Middle Housing to MH Middle Housing and HOO High Occupancy Overlay for approximately 23.62 acres being all of that certain tract or parcel of land lying and being situated in the Joseph E. Scott League, Abstract No. 50, and Crawford Burnett League, Abstract No. 7, in College Station, Brazos County, Texas, including all of the W.M. Sparks Subdivision as described by plat recorded in Volume 139, Page 261, and portions of West Park Addition and West Park 2nd Addition as described by plats recorded in Volume 102, Page 198 and Volume 128, Page 574, respectively, of the Deed Records of Brazos County, Texas, as well as subsequent replats CCM 102623 Minutes Page 9 of portions of these subdivisions in an area generally bounded by Luther Street, Montclair Avenue, Grove Street, and Maryem Street. 9.5. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4478 amending Appendix A, Unified Development Ordinance, Section 6.3 “Types of Use” of the Code of Ordinances of the City of College Station, Texas, for modifications to the shared housing use in the MH Middle Housing zoning district. 9.6. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4479 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 boundaries as follows: a. From GS General Suburban to MH Middle Housing and HOO High Occupancy Overlay for approximately 2.02 acres being Lincoln Place Phase 2, Block C, Lots 1-16 and 17R, generally located along Lincoln Avenue; b. From D Duplex to MH Middle Housing and HOO High Occupancy Overlay for approximately 4.12 acres being Timber Ridge Addition Phase 1, Block 2, Lots 13 -24, Block 3, Lots 12-22, generally located along University Oaks Boulevard; c. From D Duplex to MH Middle Housing and HOO High Occupancy Overlay for approximately 6.71 acres being Parkway Plaza Phase 5, Block 1, Lots 1 -15, Block 2, Lots 1-12, generally located along Pine Ridge Drive; d. From GS General Suburban or D Duplex to MH Middle Housing and HOO High Occupancy Overlay for approximately 19.34 acres being Autumn Chase, Block 1, Lots 1-7, Brentwood Section Two, Block 4, Lots 1-30, Block 5, Lots 1-23, Block 6, Lots 1-4, and Brentwood Section Three Subdivision, generally located along Cornell Drive, Brentwood Drive, and Southwest Parkway; e. From D Duplex to MH Middle Housing and HOO High Occupancy Overlay for approximately 5.8 acres being Ashford Square Subdivision Replat, Volume 3202, Page 61, generally located along Ashford Drive; f. From D Duplex to MH Middle Housing and HOO High Occupancy Overlay for approximately 8.15 acres being Pecan Tree Estates Phase One Subdivision and Pecan Tree Estates Phase Two Subdivision, save and except 0.687 acres labeled "Park," generally located along Oney Hervey Drive; g. From GS General Suburban or T Townhouse to MH Middle Housing and HOO High Occupancy Overlay for approximately 28.4 acres being University Heights Phase 1 Subdivision, save and except Common Area 4, and University Heights Phase 2 and 3 Subdivision, generally bounded by Paloma Ridge Drive, Feather Run, Davidson Drive, and Holleman Drive South; h. From R Rural to MH Middle Housing and HOO High Occupancy Overlay for approximately 8.8 acres being Las Palomas Subdivision, generally bounded by Abbate Road, Feather Run, Kenyon Drive, and Holleman Drive South; i. From T Townhouse to MH Middle Housing and HOO High Occupancy Overlay for approximately 12.85 acres being The Barracks II Phase 111 Subdivision, and The Barracks II Phase 112, Block 38, Lots 1-24, Block 39, Lots 1-10, Common Area 13 and Parkland 12, generally bounded by Towers Parkway, Goldilocks Lane, and Cain Road; j. From T Townhouse to MH Middle Housing and HOO High Occupancy Overlay for approximately 18.83 acres being Pershing Pointe Villas Phase 1 Subdivision, Volume 14370, Page 149, and Pershing Pointe Villas Phase 2A Subdivision, generally bounded by Deacon Drive West, Towers Parkway, Oak Crest, and Holleman Drive South, and; CCM 102623 Minutes Page 10 k. From GS General Suburban or T Townhouse to MH Middle Housing and HOO High Occupancy Overlay for approximately 55.49 acres being The Barracks Phase 1 Subdivision, The Barracks Phase 2 Subdivision, Williamsgate Phase 1 Subdivision, Buena Vida Subdivision, 12 at Rock Prairie Phase 1 Subdivision, 12 at Rock Prairie Phase 2 Subdivision, and 12 at Rock Prairie Phase 3 Subdivision, generally bounded by Rock Prairie Road West, Towers Parkway, Deacon Drive West, and General Parkway. 9.7. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4480 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 boundaries as follows: a. From GS General Suburban or T Townhouse to MH Middle Housing for approximately 15.5 acres being The Dobrovolny Subdivision and Holleman Ridge Subdivision, generally bounded by Anderson Street, Holleman Drive, and Charles Court; b. From GS General Suburban or T Townhouse to MH Middle Housing for approximately 9.73 acres being Lemon Tree Addition, Block 1, Lots 1-11, Block 2, Lot 1, Block 3, Lots 1-11, and Parkway Plaza Phase 4, Block 3, Lots 1-14, Block 4, Lots 1-9, generally bounded by Anderson Street, Cedar Run, and Lemon Tree Lane; c. From D Duplex to MH Middle Housing for approximately 7.03 acres being Brentwood Section Five, Block 1, Lots 1-16 and Block 4, Lots 1-11, generally located along Colgate Circle and Stanford Circle; d. From T Townhouse to MH Middle Housing for approximately 6.85 acres being Eastmark Phase II, Block E, Lots 1R-5R and Lots 16-40, generally located along Kalanchoe Court, Camelia Court, and Azalea Court; e. From T Townhouse to MH Middle Housing for approximately 7.4 acres being Krenek Crossing Subdivision, Volume 6187, Page 138, generally located along Nelson Lane, Thornton Court, and Camp Court; (Presented separately) f. From GS General Suburban to MH Middle Housing for approximately 3.87 acres being Chalet Village Subdivision, Volume 420, Page 91, generally located along Swiss Court and Chalet Court; g. From R Rural or D Duplex to MH Middle Housing for approximately 43.6 acres being Steeplechase Phase One Subdivision, Steeplechase Phase Two Subdivision, and Steeplechase Phase Three Subdivision, generally bounded by Navarro Drive, FM 2154, Balcones Drive, and Welsh Avenue; h. From GS General Suburban, R-1B Single Family Residential, or D Duplex to MH Middle Housing for approximately 38.1 acres being Steeplechase Phase Five Subdivision, Steeplechase Phase Six Subdivision, Southwood Valley Section 23 Subdivision, Volume 525, Page 647, and West Ridge, Block 5, Lots 1A-1B, 2A-2B, 3A-3B, 4A-4B, 5A-5B, 6A- 6B, 7A-7B, 8A-8B, 9A-9B, 10A-10B, 11A-11B, 12A-12B, 13A-13B, 14A-14B, 15A-15B, 16A-16B, 17A-17B, 18A-18B, 19A-19B, 20A-20B, 21A-21B, 22A-22B, 23A-23B, 24A-24B, and 25A-25B, generally bounded by Deacon Drive, FM 2154, Navarro Drive, and Welsh Avenue; and i. From D Duplex to MH Middle Housing for approximately 14.6 acres being Southwood Valley Section 22B, Block 47, Lots 1-14, Block 48, Lots 1-15 and 20-34, Block 49, Lots 14- 29, and Southwood Valley Section 22C, Block 45, Lots 21A-21B, 22A-22B, 23A-23B, 24A- 24B, 25A-25B, 26A-26B, 27A-27B, 28A-28B, Block 47, Lots 25A-25B, 26A-26B, 27A-27B, 28A-28B, 29A-29B, 30A-30B, 31A-31B, and 32A-32B, generally bounded by Deacon Drive, Welsh Avenue, Navarro Drive, and Pedernales Drive. CCM 102623 Minutes Page 11 Michael Ostrowski, Planning and Development Director, stated that at the August 10th City Council meeting, City staff presented each of these areas along with the feedback staff received during the public engagement process. At the meeting, the City Council gave direction for staff to move forward with bringing these areas as official rezoning cases. After considering the rezoning criteria, City staff has determined that each of these areas are appropriate for rezoning to MH Middle Housing with a HOO High Occupancy Overlay, or R-4 Multi-Family with a HOO High Occupancy Overlay. The HOO High Occupancy Overlay would allow the shared housing use if the property met the requirements for that use. This item combines several City-initiated rezoning cases to MH Middle Housing and HOO High Occupancy Overlay. These requests include areas where at least one lot is already zoned MH Middle Housing, which was previously done through a privately initiated request. These areas need to be considered separately and before the ordinance amendment to remove shared housing as a permitted use from MH Middle Housing. The other City-initiated rezoning cases will be considered under separate actions. The Planning and Zoning Commission heard this item at their October 5, 2023 meeting and voted 5- 0 to recommend approval. At approximately 9:07 p.m., Mayor Nichols opened the Public Hearing for items 9.4 through 9.7, with the exception of 9.7e. Diana Wood, College Station, came before Council regarding unintended consequences of the proposed rezonings to MH Middle Housing as these are sensitive areas. She requested Council do more research before moving forward and approving these proposed rezonings. Blanche Brick, College Station, stated while she supports the creation of these districts but is not in support all the areas Council is now being asked to rezone. She does support the proposals that CSAN has provided the Council, believes they have provided a service to the community, and requests council to look at their proposals and consider what they have put forward instead. Katie Perkins, College Station, came before Council in hopes to convince Council to not do what is most convenient when it comes to the proposed rezoning areas. Ms. Perkins requested Council to consider the following when making decisions: notices of June planning meetings were not received by property owners affected by the proposed rezoned areas, after inquiring about submitting a petition, one proposed rezoning area is no longer on tonight’s agenda, and she believes rezoning criteria has not been met for several proposed rezoning areas up for a vote tonight. Rodger Lewis, College Station, stated that he did not receive a notice of the proposed rezoning but besides that these properties should be done separately. Luke Morrison, College Station, came before Council in support of middle housing and high occupancy and how crucial it is for the students to have affordable housing here in the city. Ben Crocket, College Station, came before Council in support of working with Council on middle housing and would like council to continue to this work to provide a diverse range of housing products and services for all residents. Andrew Applewhite, College Station, came before Council as the Student Body President to speak on behalf of 78,000 students attending the university and request council approve ample amounts of middle housing in support of the students. He believes that this will allow them to comply with local CCM 102623 Minutes Page 12 laws and have the housing they desire. In conclusion he believes the council will do or do not on this issue, there is no try. There being no further comments, the Public Hearing for items 9.4 through 9.7, with the exception of 9.7e was closed at 9:30 p.m. (9.4) MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Cunha, the City Council voted six (6) for and one (1) opposed, with Councilmember Harvell voting again, to adopt Ordinance No. 2023-4477, 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 boundaries as follows: a.) From MH Middle Housing or R-4 Multi-Family to MH Middle Housing and HOO High Occupancy Overlay or R-4 Multi-Family and HOO High Occupancy Overlay for approximately 2.85 acres being The Cooner Addition, Block 1, Lots 10-19, generally located along Cooner Street; b.) From D Duplex or MH Middle Housing to MH Middle Housing and HOO High Occupancy Overlay for approximately 4.6 acres being The Cooner Addition, Block 1, Lots 20-30, and Block 5, Lots 1-8, generally located along Cooner Street; c.) From D Duplex or MH Middle Housing to MH Middle Housing and HOO High Occupancy Overlay for approximately 5.4 acres being College Vista, Block E, Lots 1 -14, Block F, Lots 1-10, Block G, Lots 1-5, Block H, Lots 1-3, 4R-5R, and 6-7, generally located along Live Oak Street and Ash Street; d.) From D Duplex or MH Middle Housing to MH Middle Housing and HOO High Occupancy Overlay for approximately 5.11 acres being University Oaks Phase 2, Block 5, Lots 1-13, 14R1-14R2, 15A1-15A2, 16A1-16A2, 21-23, 24A1-24A2, and 25R, generally located along Dominik Drive; e.)From MH Middle Housing to MH Middle Housing and HOO High Occupancy Overlay for approximately 4.66 acres being Little-Knight Addition, Lots 1-18, generally located along Aurora Court; and f.) From GS General Suburban or MH Middle Housing to MH Middle Housing and HOO High Occupancy Overlay for approximately 23.62 acres being all of that certain tract or parcel of land lying and being situated in the Joseph E. Scott League, Abstract No. 50, and Crawford Burnett League, Abstract No. 7, in College Station, Brazos County, Texas, including all of the W.M. Sparks Subdivision as described by plat recorded in Volume 139, Page 261, and portions of West Park Addition and West Park 2nd Addition as described by plats recorded in Volume 102, Page 198 and Volume 128, Page 574, respectively, of the Deed Records of Brazos County, Texas, as well as subsequent replats of portions of these subdivisions in an area generally bounded by Luther Street, Montclair Avenue, Grove Street, and Maryem Street.. The motion carried. (9.5) 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 Harvell voting against, to adopt Ordinance No. 2023-4478, amending Appendix A, Unified Development Ordinance, Section 6.3 “Types of Use” of the Code of Ordinances of the City of College Station, Texas, for modifications to the shared housing use in the MH Middle Housing zoning district. The motion carried. (9.6) MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Maloney, the City Council voted five (5) for and two (2) opposed, with Councilmember Harvell and Yancy voting against, to adopt Ordinance No. 2023-4479, 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 bound aries as follows: a.) From GS General Suburban to MH Middle Housing and HOO High Occupancy Overlay for approximately 2.02 acres being Lincoln Place Phase 2, Block C, Lots 1 -16 and 17R, generally located along Lincoln Avenue; b.) From D Duplex to MH Middle Housing and HOO High Occupancy Overlay for approximately 4.12 acres being Timber Ridge Addition Phase 1, Block 2, Lots 13 -24, CCM 102623 Minutes Page 13 Block 3, Lots 12-22, generally located along University Oaks Boulevard; c.) From D Duplex to MH Middle Housing and HOO High Occupancy Overlay for approximately 6.71 acres being Parkway Plaza Phase 5, Block 1, Lots 1-15, Block 2, Lots 1-12, generally located along Pine Ridge Drive; d.) From GS General Suburban or D Duplex to MH Middle Housing and HOO High Occupancy Overlay for approximately 19.34 acres being Autumn Chase, Block 1, Lots 1-7, Brentwood Section Two, Block 4, Lots 1-30, Block 5, Lots 1-23, Block 6, Lots 1-4, and Brentwood Section Three Subdivision, generally located along Cornell Drive, Brentwood Drive, and Southwest Parkway; e.) From D Duplex to MH Middle Housing and HOO High Occupancy Overlay for approximately 5.8 acres being Ashford Square Subdivision Replat, Volume 3202, Page 61, generally located along Ashford Drive; f.) From D Duplex to MH Middle Housing and HOO High Occupancy Overlay for approximately 8.15 acres being Pecan Tree Estates Phase One Subdivision and Pecan Tree Estates Phase Two Subdivision, save and except 0.687 acres labeled "Park," generally located along Oney Hervey Drive; g.) From GS General Suburban or T Townhouse to MH Middle Housing and HOO High Occupancy Overlay for approximately 28.4 acres being University Heights Phase 1 Subdivision, save and except Common Area 4, and University Heights Phase 2 and 3 Subdivision, generally bounded by Paloma Ridge Drive, Feather Run, Davidson Drive, and Holleman Drive South; h.) From R Rural to MH Middle Housing and HOO High Occupancy Overlay for approximately 8.8 acres being Las Palomas Subdivision, generally bounded by Abbate Road, Feather Run, Kenyon Drive, and Holleman Drive South; i.) From T Townhouse to MH Middle Housing and HOO High Occupancy Overlay for approximately 12.85 acres being The Barracks II Phase 111 Subdivision, and The Barracks II Phase 112, Block 38, Lots 1- 24, Block 39, Lots 1-10, Common Area 13 and Parkland 12, generally bounded by Towers Parkway, Goldilocks Lane, and Cain Road; j.) From T Townhouse to MH Middle Housing and HOO High Occupancy Overlay for approximately 18.83 acres being Pershing Pointe Villas Phase 1 Subdivision, Volume 14370, Page 149, and Pershing Pointe Villas Phase 2A Subdivision, generally bounded by Deacon Drive West, Towers Parkway, Oak Crest, and Holleman Drive South; and k.) From GS General Suburban or T Townhouse to MH Middle Housing and HOO High Occupancy Overlay for approximately 55.49 acres being The Barracks Phase 1 Subdivision, The Barracks Phase 2 Subdivision, Williamsgate Phase 1 Subdivision, Buena Vida Subdivision, 12 at Rock Prairie Phase 1 Subdivision, 12 at Rock Prairie Phase 2 Subdivision, and 12 at Rock Prairie Phase 3 Subdivision, generally bounded by Rock Prairie Road West, Towers Parkway, Deacon Drive West, and General Parkway. The motion carried. (9.6) ADMENDED MOTION: Upon a motion made by Councilmember Yancy to postpone: I. From T Townhouse to MH Middle Housing and HOO High Occupancy Overlay for approximately 12.85 acres being The Barracks II Phase 111 Subdivision, and The Barracks II Phase 112, Block 38, Lots 1-24, Block 39, Lots 1-10, Common Area 13 and Parkland 12, generally bounded by Towers Parkway, Goldilocks Lane, and Cain Road. Motion failed due to lack of second. (9.7) MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Maloney, the City Council voted five (5) for and two (2) opposed, with Councilmember Harvell and Yancy voting against, to adopt Ordinance No. 2023-4480, 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 t he zoning district boundaries as follows: a.) From GS General Suburban or T Townhouse to MH Middle Housing for approximately 15.5 acres being The Dobrovolny Subdivision and Holleman Ridge Subdivision, generally bounded by Anderson Street, Holleman Drive, and Charles Court; b.) From GS General Suburban or T Townhouse to MH Middle Housing for approximately 9.73 acres being Lemon Tree Addition, Block 1, Lots 1-11, Block 2, Lot 1, Block 3, Lots 1-11, and Parkway Plaza Phase 4, Block 3, Lots 1 -14, Block 4, Lots 1-9, generally bounded by Anderson Street, Cedar Run, and Lemon Tree Lane; c.) From D Duplex to MH Middle Housing for approximately 7.03 acres being Brentwood Section Five, Block CCM 102623 Minutes Page 14 1, Lots 1-16 and Block 4, Lots 1-11, generally located along Colgate Circle and Stanford Circle; d.) From T Townhouse to MH Middle Housing for approximately 6.85 acres being Eastmark Phase II, Block E, Lots 1R-5R and Lots 16-40, generally located along Kalanchoe Court, Camelia Court, and Azalea Court; e.) (with the exception of 9.7e); f.) From GS General Suburban to MH Middle Housing for approximately 3.87 acres being Chalet Village Subdivision, Volume 420, Page 91, generally located along Swiss Court and Chalet Court; g.) From R Rural or D Duplex to MH Middle Housing for approximately 43.6 acres being Steeplechase Phase One Subdivision, Steeplechase Phase Two Subdivision, and Steeplechase Phase Three Subdivision, generally bounded by Navarro Drive, FM 2154, Balcones Drive, and Welsh Avenue; h.) From GS General Suburban, R-1B Single Family Residential, or D Duplex to MH Middle Housing for approximately 38.1 acres being Steeplechase Phase Five Subdivision, Steeplechase Phase Six Subdivision, Southwood Valley Section 23 Subdivision, Volume 525, Page 647, and West Ridge, Block 5, Lots 1A-1B, 2A-2B, 3A-3B, 4A-4B, 5A-5B, 6A-6B, 7A-7B, 8A-8B, 9A-9B, 10A-10B, 11A-11B, 12A-12B, 13A-13B, 14A-14B, 15A- 15B, 16A-16B, 17A-17B, 18A-18B, 19A-19B, 20A-20B, 21A-21B, 22A-22B, 23A-23B, 24A-24B, and 25A-25B, generally bounded by Deacon Drive, FM 2154, Navarro Drive, and Welsh Avenue; and i.) From D Duplex to MH Middle Housing for approximately 14.6 acres being Southwood Valley Section 22B, Block 47, Lots 1-14, Block 48, Lots 1-15 and 20-34, Block 49, Lots 14-29, and Southwood Valley Section 22C, Block 45, Lots 21A-21B, 22A-22B, 23A-23B, 24A-24B, 25A-25B, 26A-26B, 27A-27B, 28A-28B, Block 47, Lots 25A-25B, 26A-26B, 27A-27B, 28A-28B, 29A-29B, 30A-30B, 31A-31B, and 32A-32B, generally bounded by Deacon Drive, Welsh Avenue, Navarro Drive, and Pedernales Drive. The motion carried. (9.7) AMENDED MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Smith, the City Council voted three (3) for and four (4) opposed, with Mayor Nichols and Councilmember Cunha, Williams and Maloney voting against, to adopt Ordinance No. 2023- 4480, 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 boundaries with the exception of 9.7e and striking Map 4 in its entirety. The motion failed. Mayor Nichols recused himself from Regular Item 9.7e and stepped out of the meeting. Mayor Pro Tem Maloney open Regular Item 9.7e. Michael Ostrowski, Planning and Development Director, presented Regular 9.7e that from T Townhouse to MH Middle Housing for approximately 7.4 acres being Krenek Crossing Subdivision, Volume 6187, Page 138, generally located along Nelson Lane, Thornton Court, and Camp Court. At approximately 10:23 p.m., Mayor Pro Tem Maloney opened the Public Hearing for 9.7e. There being no further comments, the Public Hearing for 9.7e was closed at 10:23 p.m. (9.7e) MOTION: Upon a motion made by Councilmember Wright and a second by Councilmember Smith, the City Council voted five (5) for and one (1) opposed, with Councilmember Harvell voting against and Mayor Nichols abstaining, to adopt Ordinance No. 2023-4480, 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 boundaries as follows: CCM 102623 Minutes Page 15 e. From T Townhouse to MH Middle Housing for approximately 7.4 acres being Krenek Crossing Subdivision, Volume 6187, Page 138, generally located along Nelson Lane, Thornton Court, and Camp Court. The motion carried. 9.8. Public Hearing, presentation, discussion, and possible action regarding Ordinance No. 2023- 4481 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 GS General Suburban to MH Middle Housing and HOO High Occupancy Overlay for approximately 0.23 acres generally located at 701-703 Turner Street. Robin Macias, Planning and Development, stated that this request is to rezone approximately 0.23 acres of land generally located at 701–703 Turner St from GS General Suburban to MH Middle Housing and HOO High Occupancy Overlay. The subject property is currently developed. It is the applicant’s intent to establish a legal shared housing use through the site plan process. The uses allowed by MH Middle Housing and the HOO High Occupancy Overlay provide for an increase in density that is marketable given the location of the property. The Planning & Zoning Commission heard this item at their October 5, 2023 meeting and voted 5-0 to recommend approval. At approximately 10:29 p.m., Mayor Nichols opened the Public Hearing. There being no further comments, the Public Hearing was closed at 10:29 p.m. MOTION: Upon a motion made by Councilmember Yancy and a second by Councilmember Maloney, the City Council voted seven (7) for and none (0) opposed, to adopt Ordinance No. 2023- 4481, 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 GS General Suburban to MH Middle Housing and HOO High Occupancy Overlay for approximately 0.23 acres generally located at 701 -703 Turner Street. The motion carried unanimously. 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. Councilmembers Cunha reported on Wolf Pen Creek Crawl Event, Early Voting, and recognized the Public Communication Department for the new events calendar on the city website. CCM 102623 Minutes Page 16 Councilmembers Wright reported on the Mural Fest Event. Councilmember Maloney reported on the Lick Creek Wastewater Treatment Plant Ribbon Cutting Ceremony, Farmers Market, and Future Baseball Fields Public Meeting. Councilmember Smith reported on the 85th Anniversary of the City of College Station Celebration on October 18th. 12. Council Reports on Committees, Boards, and Commission: A Council Member may make a report regarding meetings of City Council boards and co mmissions 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. 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. Nothing to report at this time. 14. Adjournment. There being no further business, Mayor Nichols adjourned the meeting of the City Council at 10:45 p.m. on Thursday, October 26, 2023. ________________________ John P. Nichols, Mayor ATTEST: ___________________________ Tanya Smith, City Secretary