HomeMy WebLinkAbout11/01/2001 - Regular Minutes City CouncilPage 1 of 10
Mayor
City Council
Lynn Mcllhaney James Massey
Mayor Pro
Tempore
Ron Silvia
Larry Mariott
City Manager
Winnie Garner
Dennis Maloney
Thomas E.
Brymer
Anne Hazen
College Station, Embracing the Past, Exploring the Future
MINUTES
College Station City Council
Workshop and Regular Meetings
Thursday, November 1, 2001 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chambers
COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Pro Tem Mariott, Councilmembers
Maloney, S ilvia, Massey, Garner and Hazen
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, Senior Assistant City
Attorney Nemcik, City Secretary Hooks, Budget and Strategic Planning Manager Kersten, OTIS
Director Piwonka, Director of Fiscal Services Cryan, Director of Public Works Smith, Director of Public
Utilities Woody, Electric Division Manager Massey, Parks and Recreation Director Beachy
Mayor McIlhaney called the workshop meeting to order at 3:05 p.m. with all Councilmembers present.
Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular Council
Meeting.
Staff removed Consent Agenda Item No. 11.1 from the agenda for consideration on November 15
agenda.
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Workshop Agenda Item No. 2 - Presentation, discussion and possible action on an update to City
Council regarding the rail relocation study being administered by the MPO office.
City Planner Jane Kee and Michael Parks from the Metropolitan Planning Organization presented an
update on the local rail economic feasibility and location study. Mr. Parks discussed options for the
relocation of the railroad tracks within Bryan/College Station, Brazos County or possibly Burleson
County. The purpose of this item was to receive council feedback on the options presented.
Comments by council members reflected a lack of support for the options proposed. Some comments
focused on the viability of grade separations at significant intersections. Also, council members
discussed various funding sources for this very expensive project. Council members indicated a desire to
look at additional options.
No action was taken.
Council recessed for a short break at 4:20 p.m. The meeting reconvened at 4:28 p.m.
Workshop Agenda Item No. 3 -- Presentation, discussion and possible action regarding code
enforcement enhancements and property standards policy alternatives (Vision Statement 3,
Strategy 1, implementation plan b, Vision Statement 8, Strategy 1, implementation plan c).
Director of Development Services Jim Callaway presented two implementation plans from the FY 2001-
2000 Strategic Plan.
1. Vision Statement 3, Strategy 1, implementation plan b addressed enhanced code enforcement. The
implementation plan provided for a November 2001 presentation of survey findings regarding code
enforcement programs in other university communities, including rental regulations.
2. Vision Statement 8, Strategy 1 implementation plan b related to development of standards for
property maintenance and conditions. Included in this plan were discussions of the International
Property Standards Code and policy alternatives.
Fire Marshal Jon Mies presented findings of a survey of Big 12 cities with code enforcement programs.
He discussed the processes for proactive enforcement of codes.
Mr. Callaway discussed the current policies and practices for code enforcement. At this time, the
department does not primarily deal with property maintenance or property improvement issues.
Building Official Lance Simms highlighted new standards in the International Maintenance Code.
Mr. Callaway pointed out that the city continues to deal with two common types of complaints: property
conditions and behaviors. He emphasized the importance of distinguishing between behavior problems
and property maintenance issues. There are no simple solutions to address the variety of problems
identified through complaints. Licensing programs are the best approach to address certain types of
property condition issues, particularly when combined with inspections; however, licensing programs
are ineffective for addressing behavior problems.
Mr. Callaway recommended the following:
· Adoption of the International Maintenance Code
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· Direct staff to prepare alternative plans for resource allocation, priorities and enforcement
alternative to increase property conditions enforcement
· Do not develop any kind of rental registration or licensing program unless you want to address
property conditions, life safety issues
· Use the nuisance abatement process prescribed by State statutes where appropriate
Councilman Hazen expressed concern regarding the lack of code enforcement and the process of
eliminating parking on one side of the street in Southside area. Councilman Massey noted the
importance of educating the citizens on the City's current ordinances and regulations.
Council directed staff to assign this item to the December 6, 2001 workshop agenda for evaluation of an
alternative plan for resource allocation and a possible service level adjustment.
Workshop Agenda Item No. 6-- Hear Visitors
Mr. Mike Luther, 614 Welsh presented an article to council members and its relation to the animal
control ordinance.
Workshop Agenda Item No. 4 -- Presentation, discussion and possible action on the General Fund
Outside Agencies included in the FY 02 approved budget.
Council directed the City Manager to disburse funds for seven organizations in the amount of $94,500 as
approved in the FY 02 General Fund Budget. The seven organizations were:
· Memorial for All Veteran's of the Brazos Valley $25,000
· Dispute Resolution Center $10,000
· Children's Museum of the Brazos Valley $30,000
· College Station Noon Lion' s Club $10,000
· Retired Senior Volunteer Program $ 5,000
· Brazos Valley Council on Alcohol and Substance Abuse $10,000
· Bryan-College Station Sister Cities Association $ 4,000
Workshop Agenda Item No. 5 -- Council Calendars
Ground Breaking Ceremony-Veterans Park, 11/12, 11:00 a.m.
City Council Workshop & Regular Meeting, 11/15, 12/6, 12/20
TML Annual Conference, 11/28 - 12/1, Houston
Workshop Agenda Item No. 7-- Executive Session
Mayor McIlhaney announced that the City Council would convene into executive session pursuant to
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Sections 551.071, 551.072, 551.074, and 551.087 of the Open Meetings Act to seek the advice of the
city attorney, to consider the purchase of real property, the evaluation of public officer, and economic
development negotiations.
Consultation with Attorney { Gov't Code Section 551.071 }, possible action
Cause No. 43,098-85, Brazos County - Bryan v. College Station
Cause No. 96-03168, Travis County- Bryan, et al. v. PUC (intervention)
Cause No. 97-02587, Travis County- Bryan, et al. v. PUC (intervention)
Cause No. 98-13391, Travis County- Bryan, et al. v. PUC (intervention)
Cause No. 96-06940, Travis County- Bryan, et al. v. PUC (intervention)
Cause No. 97-07000, Travis County- TMPA v. PUC (intervention)
Cause No. 98-11817, Travis County - TMPA v. PUC (intervention)
Cause No. GN002343, Travis County- San Antonio v. PUC (intervention)
Cause No. GN002513, Travis County- San Antonio v. PUC (intervention)
Cause No. 49,367-CCL2, Brazos County- Wilkerson v. College Station
Action No. 01-98-011056-CV, Court of Appeals Gold v. College Station
Docket Nos. TX96-2-000 and TX96-2-001, FERC- College Station, applicant
Cause No. 52,434-361, Brazos County - College Station v. Wolf Pen Creek, Ltd., et al. Cause No.
28,765, Grimes County, Harold & Rosealice Trant vs Grimes County, City of College Station and City
of Bryan
Lone Star Gas rate increase filed May 31,2001.
Economic Incentive Negotiations {Gov't Code Section 551.087}; possible action
The City Council may deliberate on commercial or financial information that the City Council has
received from a business prospect that the City Council seeks to have locate, stay or expand in or near
the city with which the City Council in conducting economic development negotiations may deliberate
on an offer of financial or other incentives for a business prospect. After executive session discussion,
any final action or vote taken will be in public. The following subject(s) may be discussed:
1. Hotel/Conference Center
Real Estate {Gov't Code Section 551.072}; possible action
The City Council may deliberate the purchase, exchange, lease or value of real property if deliberation
in an open meeting would have a detrimental effect on the position of the City in negotiations with a
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third person. After executive session discussion, any final action or vote taken will be in public. The
following subject(s) may be discussed:
1. BVSWMA Landfill Negotiations
Personnel {Gov't Code section 551.074}; possible action
The City Council may deliberate the appointment, evaluation, reassignment, duties, discipline, or
dismissal of public officer. After executive session discussion, any final action or vote taken will be in
public. The following public officers may be discussed:
1. City Manager's Evaluation
Workshop Agenda Item No. 8 -- Final action on Executive Session, if necessary.
Council recessed from the executive session and returned to the regular meeting at 7:00 p.m.
Regular Meeting
Mayor Mcllhaney opened the regular meeting at 7:04 p.m. She led the audience in the pledge of
allegiance.
Mayor Mcllhaney presented a Certificate of Commendation to State Representative Fred Brown in
recognition of his valuable support of Proposition 2 and Proposition 15 on the upcoming constitution
amendment election.
Mayor Mcllhaney read a proclamation for Bob Wiatt Day. Officer Scott Simpson and Scott McCollum
accepted the proclamation on behalf of Mr. Wiatt.
Mayor Mcllhaney read the proclamation for Veterans Day. Dr Craig Carter, President of the Memorial
for all Veterans of the Brazos Valley, Inc. accepted the proclamation.
Consent Agenda
10.1 Discussion and possible action on the minutes for City Council workshop and regular
meeting, October 25,2001. Staff removed this item.
10.2 Bid No. 00-118 - Approved by common consent renewal of annual agreement for Pre-
stressed Spun Cast Concrete Electrical Distribution Poles. Estimated annual expenditure to
Stresscrete, Inc. is $90,701.00. Funds available and budgeted in the electric inventory;
expenditures will be recorded in projects as the inventory is used.
10.3 Bid No. 02-14 - Approved by common consent the purchase of an automatic truck
mounted pothole patcher body. Award to the lowest, responsible bidder meeting
specifications, Cooper Equipment Co. in the amount of $83,250. Funds available and
budgeted in the Fleet Replacement Fund.
10.4 Approved by common consent Change Order #3 in the amount of $100,000 for a Legal
Services Contract with Paul G. Gosselink of Lloyd, Gosselink, Blevins, Rochelle, Baldwin
& Townsend, P.C. for the Brazos Valley Solid Waste Management Agency (BVSWMA).
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Funds available and budgeted in the BVSWMA Operating Budget.
10.5 Approved by common consent Change Order #4 in the amount of $100,000 for a Legal
Services Contract with Robert D. Fowler for the Brazos Valley Solid Waste Management
Agency (BVSWMA). Funds available and budgeted in the BVSWMA Operating Budget.
Agenda Item No. 11.5 -- Presentation, discussion and possible action on a development agreement
between the City of College Station and TAC Realty Inc. for the Highway 30/60 corridor hotel and
conference center project.
Councilman Garner abstained from this agenda item.
City Manager Tom Brymer explained the development agreement with TAC Realty. The development
agreement outlined the responsibilities of both the City of College Station and TAC Realty regarding
development of the hotel, conference center and corporate office. The city is responsible for the
financing and construction of approximately 60,000 gross square feet of conference center space. TAC
Realty is responsible for the financing and construction of a
300 + room full service hotel. There is approximately 21,000 square feet of shared facilities to be
constructed by the City of College Station with costs to be shared by both the City and TAC Realty.
The terms of the contract expire on the latter of the Project Completion Date or performance by the
Developer and City regarding their respective obligations.
The primary provisions in the agreement included the following:
· Description of hotel/conference center, and office development
· Pre-construction activities
· Construction and post construction
· Purchasing services
· Cooperation and coordination of activities
· Shared facilities
· Other: Insurance requirements, casualty, indemnity, defaults and remedies
Mr. Brymer noted that the contract provided for a $16 million construction cap for the conference center
at the Design Budget stage of the project. Upon project bid, the maximum construction and equipment
expense is limited to $18 million.
Staff recommended approval of the development agreement.
Mayor Pro Tem Mariott moved approval of the development agreement between the City of College
Station and TAC Realty, Inc. for the Highway 30/60 corridor hotel and conference center project.
Motion seconded by Councilman Massey, which carried unanimously, 6-0.
FOR: Mcllhaney, Mariott, Maloney, Massey, Silvia, and Hazen
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AGAINST: None
ABSTAINED: Garner
Council recessed the meeting at 7:43 p.m. The meeting reconvened at 7:48 p.m.
Agenda Item No. 11.1 -- Presentation, discussion and possible action concerning a resolution
approving a construction contract for Veterans Park and Athletic Complex, Phase I construction.
Recommend award to the lowest, responsible bidder meeting City of College Station bid
documents and contract requirements, Acklam Construction Company, Inc. in the amount of
$2,643,500. Funds available and budgeted in the Parks Capital Improvements Fund.
Parks and Recreation Director Steve Beachy provided a history of the project planning to date. On
October 3,2001, five sealed competitive bids were received for the construction of Veterans Park and
Athletic Complex, Phase I. This base bid included two-lighted softball fields, four soccer fields and
associated parking. Also included in the base bid were utilities, access roadways, basic landscaping, a
restroom building at the soccer fields, and a small maintenance building. Three alternates were included
in the bid.
Alternate I - two additional soccer fields for a total of six and associated parking for 110 vehicles.
Alternate II - Additional landscaping to include a large entry sign with planter, 190 additional trees,
berms, additional irrigation, walks, bikes racks, lighting drinking fountains, and additional landscaped
beds.
Alternate III - this alternative calls for a reduction in price that allows the substitution of a less
expensive style metal roof in lieu of the specified Lok-Seam Panels on the two buildings included in the
Project.
Budget Manager Jeff Kersten addressed the project funds available in the amount of $2,985,000.
Staff recommended approval of a resolution awarding construction contract to Acklam Construction
Company, for Veterans Park, Phase I in the amount of $2,643,500. If the City Council desires to award
the base bid and Alternate I, and Alternate 2 for a total bid award of $2,936,800, staff recommended the
additional $251,000. Funds are available as follows:
· G.O 1998 Park projects balance - $53,000
· Delay Spring Loop Park Project- $109,000
· Bond Fund Interest- $98,000
Councilman Massey moved to approve Resolution No. 11-1-2001-11.1 approving a construction
contract to Acklam Construction in the amount of $2,936,800 which included two lighted softball fields,
six soccer fields (two lighted soccer fields) and additional parking. Motion seconded by Councilman
Maloney, which carried unanimously, 7-0.
FOR: McIlhaney, Mariott, Maloney, Massey, Silvia, Garner and Hazen
AGAINST: None
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Agenda Item No. 11.2 -- Presentation, discussion and possible action on an ordinance amending
Chapter 6, Section 1 of the Code of Ordinances adopting the 2000 International Fire Code
including 28 local amendments and the 2000 Life Safety code also known as NFPA 101 as
published by the National Fire Protection Association.
Fire Marshal Jon Mies presented an overview of the 2000 International Code, Local Amendments and
2000 Life Safety Code. The 2000 code will consolidate three model codes; Uniform Code, Building
Officials, Code Administrators and the Standard Code. He described changes to the 2000 International
Fire Code, 2000 Life Safety Code NFPA 101 and amendments to Chapter 6 of the Code of Ordinances.
Staff recommended approval of the 2000 International Fire Code, 2000 Life Safety Code and related
amendments.
Mayor Pro Tem Mariott moved to approve Ordinance No. 2529 adopting the 2000 International Fire
Code, 2000 Life Safety Code NFPA 101 and the proposed amendments to Chapter 6 Code
of Ordinances with an effective date of January 1, 2002. Motion seconded by Councilman Silvia, which
carried unanimously, 7-0.
FOR: McIlhaney, Mariott, Maloney, Massey, Silvia, Garner and Hazen
AGAINST: None
Agenda Item No. 11.3 -- Presentation, discussion and possible action on an ordinance amending
Chapter 3 "Building Regulations", of the Code of Ordinances of the City of College Station, Texas
by amending certain sections as set out, adopting the 2000 International Building, Plumbing,
mechanical, Fuel Gas, Residential, Property maintenance and Energy Codes with related
amendments.
Building Official Lance Simms presented the 2000 International Codes (Building, Plumbing,
Mechanical, Fuel Gas, Energy, Residential, and Property Maintenance). The International Codes are
designed to facilitate uniformity in building construction nationwide, adoption of the Codes will allow
College Station to recognize the latest construction technology and techniques and it represents the
future.
Mr. Simms noted that recent state legislation requires cities to adopt the 2000 International Residential
Code and the 2000 International Energy Code by January 1, 2002.
Staff recommended approval of the changes to Chapter 3, Code of Ordinances, adoption 2000
International Codes and related amendments.
Mike Luther, 614 Welsh Avenue, supported the proposed codes and amendments. He encouraged
council's approval.
Mayor Pro Tem Mariott moved to approve Ordinance No. 2530 adopting the proposed amendments to
Chapter 3, Code of Ordinances and the 2000 International Code with an effective date of January 1,
2002. Motion seconded by Councilman Silvia, which carried unanimously,
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7-0.
FOR: McIlhaney, Mariott, Maloney, Massey, Silvia, Garner and Hazen
AGAINST: None
Agenda Item No. 11.4 -- Presentation, discussion and possible action to consider adoption of the
Eastgate neighborhood Plan.
Councilman Silvia moved to approve Resolution No. 11-1-2001-11.4 approving the Eastgate
Neighborhood Plan. Motion seconded by Councilman Garner, which carried unanimously, 7-0.
FOR: McIlhaney, Mariott, Maloney, Massey, Silvia, Garner and Hazen
AGAINST: None
Regular Agenda No. 12 -- The City Council may convene the executive session following the
regular meeting to discuss matters posted on the executive session agenda for 11/1/01.
At 8:47 p.m., Mayor McIlhaney announced that the City Council would reconvene into executive
session pursuant to Sections 551.071, 551.072, 551.074 and 551.087 to the open meetings act, to seek
the advice of our City Attorney, to consider the purchase of real property, the evaluation of a public
officer and to consider economic development negotiations.
Regular Agenda No. 13 -- Final action on executive session, if necessary.
Council concluded its executive session at 11:15 p.m. They returned to open session.
Councilman Maloney moved to increase the City Manager salary by 5% of base salary and deferred
compensation for an increase of $140,700 annually. Motion seconded by Council Silvia, which carried
unanimously, 7-0.
Regular Agenda Item No. 14 -- Adjourn.
Hearing no objections, the workshop, executive session and regular meetings were adjourned at 11:15
p.m.
PASSED AND APPROVED this 15th day of November, 2001.
APPROVED:
Mayor Lynn McIlhaney
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ATTEST:
City Secretary Connie Hooks
o o
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