HomeMy WebLinkAbout05/12/2005 - Regular Minutes - City Council Mayor City Council
Ron Silvia James Massey
(fr#1111111111 Mayor Pro Tempore John Happ
Dennis Maloney Robert Wareing
City Manager Susan Lancaster
CITY OF COLLEGE STATION Thomas E. Brymer Nancy Berry
Minutes
College Station City Council
Workshop and Regular Meetings
Thursday, May 12, 2005 at 2:00 p.m. and 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Maloney, Massey, Wareing,
Berry
COUNCIL MEMBERS ABSENT: Happ, Lancaster
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill Jr.,
City Secretary Hooks, Assistant City Secretary Casares
Mayor Silvia called the meeting to order at 2:02 p.m.
Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular Council
Meeting.
Councilmembers did not remove any items from the consent agenda.
Workshop Agenda Item No. 5 — Presentation, discussion, and possible action regarding the City
Center Committee Quarterly Report and Follow -up recommendation regarding the approved
City Center concept.
Mayor Pro Tem Maloney made a motion to receive an updated report and analysis to the public and
City Council at this meeting, without any Council action at this meeting. Motion seconded by
Councilmember Wareing, which carried unanimously, 5 -0.
FOR: Silvia, Maloney, Wareing, Berry, Massey
AGAINST: None
ABSENT: Happ, Lancaster
Following the vote, Councilmembers heard a quarterly report and an update from Bottino Grund
Architects and Walter P. Moore Associates and staff on the College Station City Center.
No formal action was taken.
Workshop Agenda Item No. 2 — Presentation, discussion and possible action on an ordinance
amending Chapter 11 "Utilities" of the Code of Ordinance of the City of College Station, Texas
by replacing the current Chapter 11 "Utilities" in its entirety as set out in Exhibit "A" providing
a severability clause and an effective date.
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Council Meeting 5/12/05 Page 2
Director of Office of Technology and Information Services Olivia Burnside described the ordinance
amending Chapter 11 Utility Code by clarifying descriptions, changing language to bring consistency
among sections, and changing the policy current regulatory requirements and current practices.
No action was taken.
Workshop Agenda Item No. 4 — Presentation, discussion and possible action on creating a policy
for council appointed committees.
City Secretary Connie Hooks pointed out key items in the proposed policy. Council directed staff to
preview with new Council. No action was taken.
Workshop Agenda Item No. 5 — Discussion and possible action on future agenda items.
No items were presented. Councilmember Lancaster arrived at the meeting at 4:55 pm.
Council Calendars
Agenda Planning Calendar
May 7 Election Day
May 7 Tour of Historic TAMU Bldgs. — Rudder Tower Stark Gallery — 8:30 a.m.
May 9 — 12 Legislative Trip to Washington D.C.
May 9 CSPD Awards Banquet — Hilton -6:30 p.m.
May 10 Hospitality Celebration — Pebble Creek 11:30 a.m.— 1:30 p.m. — B /CS CVB
May 11 Fraternal Partnership — 5:30 p.m. — City Hall
May 12 Workshop and Regular Meeting 2:00 p.m.
May 16 Intergovernmental Meeting — TAMU — noon
May 16 Planning and Development Forum, CS Conference Center 11:30
May 17 Chamber of Commerce — 8:30 a.m.
May 17 Transportation Committee — 4:30 p.m. — City Hall
May 18 Research Valley Partnership — 3:00 p.m.
May 18 Canvass of Election Special Meeting — Noon — Council Chambers
May 18 Police Memorial Day - noon
May 18 Exploring History Lunch — CS Conference Center 11:30
May 21 Tour of Carnegie Center of Brazos Valley History — 8:30 a.m.
May 26 Workshop and Regular Meeting — 3:00 p.m.
May 30 Memorial Day Ceremony — Chet Edwards — BV Veterans Memorial Park 6:30
8. Discussion, review and possible action regarding the following meetings: Brazos County Health
Department, Brazos Animal Shelter, Brazos Valley Council of Governments, Cemetery Committee, City
Center, Design Review Board, Facade Improvement Program Advisory Committee, Fraternal Partnership,
Historic Preservation Committee, Intergovernmental Committee and School District, Joint Relief Funding
Review Committee, Library Committee, Making Cities Livable Conference, Metropolitan Planning
Organization, Parks and Recreation Board, Planning and Zoning Commission, Sister City Association,
TAMU Student Senate, The Research Valley Partnership, Transportation Committee, Wolf Pen Creek
Oversight Committee, Zoning Board of Adjustments
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Council Meeting 5/12/05 Page 3
9. Executive Session will immediately follow the workshop meeting in the Administrative Conference
Room.
kor
At 5:12 pm Mayor Silvia announced that the City Council convened into executive session pursuant to
Sections 551.071, 551.074, and 551.087 of the Open Meetings Act to seek the advice of our attorney, to
consider the purchase of real property, and economic development negotiations.
Consultation with Attorney (Gov't Code Section 551.071); possible action The City Council may seek
advice from its attorney regarding a pending and contemplated litigation subject or settlement offer or
attorney- client privileged information. To Litigation is an ongoing process and questions may arise as
to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon
occasion the City Council may need information from its attorney as to the status of a pending or
contemplated litigation subject or settlement offer or an attorney - client privileged information. After
executive session discussion, any final action or vote taken will be in public. The following subject(s)
may be discussed:
1. TCEQ Docket No. 2002 - 1147 -UCR, Applications of Brushy Water Supply and College Station
(Westside/Highway 60)
2. TCEQ Docket No. 2003- 0544MWD, Application of Nantucket, Ltd.
3. TXU Lone Star Gas Rate Request.
4. Cause No. 03- 002098- CV -85, Brazos County, College Station v. Wellborn Special Utility District
5. Civil Action No. H -04 -4558, U.S. District Court, Southern District of Texas, Houston Division College
Station v. U.S. Dept. of Agriculture, etc., and Wellborn Special Utility District
6. TCEQ Docket No. 582 -04 -2840, Application of Wellborn Special Utility District
7. Civil Action No. H -04 -3876, U.S. District Court, Southern District of Texas, Houston Division
JK Development v. College Station
8. GUD No. 9530 — Gas Cost Prudence Review, Atmos Energy Corporation
9. GUD No. 9560 — Gas Reliability Infrastructure Program (GRIP) rate increases, Atmos Energy
Corporation
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
third person. After executive session discussion, any final action or vote taken will be in public. The
following subject(s) may be discussed:
1. Aggie Field of Honor
2. Land acquisition on Wellborn Road for proposed cemetery
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. Incentives for University Town Center.
Workshop Agenda Item No. 10 -- Final action on Executive Session, if necessary.
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Council returned from executive session at 6:58 p.m. No action was taken.
k ir Regular Meeting
Mayor Silvia called the regular meeting to order at 7:00 pm. He led the audience in the pledge of
allegiance.
Council received a presentation regarding Panama.
Mayor Silvia presented service awards to three outgoing council members; Council member Massey,
Robert Wareing and Mayor Pro Tem Maloney.
Hear Visitors
Tim Rhome, 700 Driver Ct. expressed his gratitude for the City's vision to build a Fire Station on
Greens Prairie Road.
13.1 Approved by common consent the award of Professional Services Contract 05 -185 with
Mitchell and Morgan, LLP for engineering services as related to the TxDOT Wellborn Road
Widening Project, in an amount not to exceed $231,000.00.
13.2 Approved by common consent the renewal agreement with Badger Meter Inc. for the annual
purchase of water meters to be maintained in inventory, Bid No. 04 -44, for an annual
expenditure of $101,603.00.
13.3 Approval by common consent the annual renewal agreement(s) for Temporary Employment
Services with Human Resource Connection in the amount of $79,000 and Willstaff Worldwide
in the amount of $25,000.
13.4 Approved by common consent of additional funding for professional legal services
related to utility litigation for Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel,
L.L.P. (hereinafter called "Bickerstaff'), in the amount of $150,000 for a total of $300,000.
13.5 Approved by common consent Resolution No. 5 -12- 2005.13.5 requesting that the Texas
Department of Transportation establish a 55 mph construction speed zone on sections of SH 6
main lanes extending from north of Greens Prairie Road to the southern city limits, and a 45
mph construction speed zone on sections of the SH 6 frontage roads within the same limits.
13.6 Approved by common consent Ordinance No. 2803 amending Chapter 11 "Utilities" of the
Code of Ordinance of the City of College Station, Texas by replacing the current Chapter 11
"Utilities" in its entirety as set out in Exhibit "A ", providing a severability clause and an
effective date.
13.7 Approved by common consent the upgrade of existing three -lead Medtronic Physio
Control ECG (Electro Cardio Graph) units to twelve lead Lifepak units and the purchase of five
new Medtronic Physio Control twelve -lead ECG Lifepak Units from Medtronic Emergency
Response Systems for a total of $134,702.75. This purchase is exempt from competitive
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Council Meeting 5/12/05 Page 5
bidding as item(s) available from only one source as captive replacement parts or components
for equipment LGC 252(a)(7)(D).
Mayor Pro Tem Maloney made a motion to approve Consent Agenda Items No. 13.1 — 13.7. Motion
seconded by Councilmember Berry which carried unanimously, 6 -0.
Regular Agenda
Vision Statement III — Planning and Development
14.1 Public hearing, discussion and possible action on an ordinance rezoning Lot 1A, Lot 16, and
the southeast 25 feet of Lot 15, College Heights Block D, generally located at the intersection
of University Drive and Macarthur Street, and north of the intersection of University Drive and
Nimitz Street, from PDD Planned Development District, A -P Administrative Professional and
R -2 Duplex Residential to P -MUD Planned Mixed Use District.
Staff Planner Jennifer Prochazka presented the staff report. Staff and Planning and Zoning
Commission recommended approval of the rezoning request by applicant Benjamin Knox. Mayor
Silvia opened the public hearing. No one spoke. He closed the public hearing.
Councilmember Berry made a motion to approve Ordinance No. 2804 amending Chapter 12, "Unified
Development Ordinance" Section 4.2, Official Zoning Map" of the Code of Ordinance of the City of
College Station by changing the zoning district boundaries, Lot 1A, Lot 16, southeast 25 feet of Lot
15, College Heights Block D, generally located at the intersection of University Drive and MacArthur,
and north of the intersection of University Drive and Nimitz Street, from PDD Planned Development
k District, A -P Administrative Professional and R -2 Duplex Residential to P -MUD Planned Mixed Use
District.
The motion was seconded by Councilmember Lancaster and carried unanimously, 6 -0.
FOR: Silvia, Berry, Maloney, Lancaster, Massey, Wareing
AGAINST: None
ABSENT: Happ
Benjamin Knox thanked City Council for their support of his business expansion on University Drive.
14.2 Public hearing, discussion, and possible action on a Conditional Use Permit for a Night Club,
located in Suite D at 2551 Texas Avenue South in the Homestead Place Shopping Center
(05 -39).
Joey Dunn, Director of Planning and Development Services presented the staff report. The applicant
requested a conditional use permit in order to open a nightclub with limited food service in a vacant
lease space in the Homestead Place Shopping Center on Texas Avenue. He noted that some concerns
were expressed from adjacent landowners regarding parking and other impacts at the Planning and
Zoning Commission public hearing.
Staff and Planning and Zoning Commission recommended approval
Councilmember Happ arrived to the meeting at 7:55 pm.
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Mayor Silvia opened the public hearing.
Mark Sweden, owner of the nightclub stated that the hours of operation are: Wed- Sunday, 11:00 am
to 10:00 pm, Thurs- Saturday, 11:00 am to midnight.
Mayor Silvia closed the public hearing.
Mayor Pro Tem Maloney made a motion to approve Ordinance No. 2805 amending Chapter 12,
"Unified Development Ordinance" Section 3.13, "Development Review Procedures, Conditional Use
Permit" of the code of ordinances of the City of College Station by granting a conditional use permit
for a nightclub located at 2551 Texas Avenue South, Suite D.
Motion seconded by Councilmember Happ which carried unanimously, 7 -0.
FOR: Silvia, Maloney, Massey, Lancaster, Berry, Happ, Wareing
AGAINST: None
Vision Statement IV — Economic Development
14.3 Presentation, discussion, and possible action regarding an economic impact report of the
Research Valley Partnership.
Bob Malaise, a member of the Research Valley Partnership Board provided a summary of a report that
provided a cost benefit analysis and return on investments of the activities of the RVP from 1996 to
2004, specifically focused on activities in College Station.
14.4 Presentation, discussion, and possible action on appointing a City representative to the
Research Valley Partnership Board of Directors to fill an expired term.
Councilmember Massey moved to appoint Larry Marriott to the Research Valley Partnership Board of
Directors. Motion seconded by Councilmember Lancaster.
Councilmembers Maloney, Happ, and Berry expressed comments about delaying the appointment for a
future meeting.
FOR: Silvia, Wareing, Lancaster, Massey
AGAINST: Happ, Berry
ABSTAIN: Maloney
15. The City Council may convene the executive session following the regular meeting to discuss
matters posted on the executive session agenda for May 12, 2005.
Council completed the executive session prior to the regular meeting.
16. Final action on executive session, if necessary.
17. Adjourn.
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Council Meeting 5/12/05 Page 7
Hearing no other business, the meeting was adjourned at 8:15 pm on Thursday, May 12, 2005.
APPROVED: IP an / ..... ... _
6 :7
Mayor Ron Silvia
TI EST:
C
ity Secretary Connie Hooks
tor
Traditional Values, Progressive Thinking
In the Research Valley
(*ff.1114111 Mayor City Council
Ron Silvia James Massey
Mayor Pro Tempore John Happ
Dennis Maloney Robert Wareing
City Manager Susan Lancaster
CITY OF COLLEGE STATION Thomas E. Brymer Nancy Berry
College Station, Traditional Values,
Progressive Thinking in the Research Valley
College Station City Council
Workshop Meeting
Sign In Sheet
Thursday, May 12, 2005 at 2:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
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Traditional Values, Progressive Thinking
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