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CITY OF C0LL.EGE STATION
Mayor Council Members
Ron Silvia Ben White
Mayor Pro Tempore Ron Gay
John Happ Susan Lancaster
Interim City Manager Chris Scotti
Glenn Brown Nancy Berry
Minutes
College Station City Council
Executive Session and Regular Meetings
Thursday, July 28, 2005 at 5:00 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 Happ, Council
members Gay, Lancaster, Scotti, Berry
COUNCIL MEMBER ABSENT: White
STAFF PRESEENT: Interim City Manager Brown, City Attorney Cargill Jr., City
Secretary Hooks, Assistant City Secretary Casares
Mayor Silvia called the meeting to order at 5:04 p.m.
Agenda Item No. 2---- Executive Session
At 5:05 p.m., Mayor Silvia announced in open session that the City Council would
convene into executive session pursuant to Sections 551.071, 551.074 and 551.087
of the Open Meetings Act, to seek the advice of the city attorney with respect to
pending and contemplated litigation, the evaluation of public officer(s) and to
consider economic negotiations.
Agenda Item No. 3 — Final action on Executive Session, if necessary.
Council returned from executive session at 6:55 p.m. Council member Lancaster
remarked that that this has been a very difficult situation. Council member
Lancaster noted on her own behalf, not representing the City Council, Council
member Lancaster apologized to Mr. Tom Brymer and the community for any part
that she may have played in this situation. Council member Lancaster moved that
the City Council give Mr. Brymer until 5:00 p.m. on Friday, July 29, 2005 to resign
his position. And if Mr. Brymer fails to resign he will be terminated as of 5:00 p.m.
Friday, July 29, 2005. If Mr. Brymer decides to resign he will receive $177,585.00
which is nine months of severance pay and $1,000.00 in attorney fees. If Mr.
Brymer fails to resign, his employment contract will be terminated and he will
receive $133,611.00 per his severance contract package, which is six months of
pay. The terms of his resignation are 9 months of severance with a full release of
the Mayor, the City and the City Council members individually and officially.
Council member Scotti seconded the motion, which carried unanimously, 6-0.
FOR: Silvia, Happ, Gay, Lancaster, Scotti, Berry
Traditional Values, Progressive Thinking
In the Research Valley
Council Regular Meeting 7/28/05
AGAINST: None
ABSENT: White
Regular Meeting
Page 2
Mayor Silvia called the regular meeting to order at 7:03 p.m. He led the audience
in the pledge of allegiance. Council member Gay moved to approve the absence
request by Council member White. Council member Happ seconded the motion,
which carried unanimously, 6-0
Regular Agenda Item No. 2 — Hear Visitors
Chris K Willis, Bryan Broadcasting Inc. addressed the City Council regarding
Ordinance 2791 and requested a similar amendment to Ordinance 2791 that
specifically excludes "Tailgate parties or activities derived from NCAA intercollegiate
athletic events. Mr. Willis provided the City Council with a copy of the Texas A&M
system policy on alcohol as well as a supplemental amendment to that policy.
Dick Birdwell, 3 Forest Drive addressed the City Council regarding the Aggie Field of
Honor.
Consent Agenda
3.1 Approved by common consent the minutes for Workshop and Regular Council
Meeting February 24, 2005 and June 23, 2005.
3.2 Contract #05-230. Approved by common consent Resolution No. 7-28-
2005-3.2 approving a construction contract with JaCody Inc., in the amount
of $465,888.50 for the construction of Phase II of the Wolf Pen Creek Upper
Trails.
3.3 Approved by common consent Resolution No. 7-28-2005-3.3 awarding
the professional services contract (Contract No. 05-204) with Bleyl &
Associates in the amount not to exceed $123,600 for engineering design
services for the Jones -Butler Phase II project.
3.4 Bid #05-109. Approved by common consent an annual price agreement for
steel electrical distribution poles to Preferred Sales Agency for $157,695.00
and Trans American Power Products for $70,760.00 for a combined annual
estimate of $228,455.00.
3.5 Approved by common consent Resolution No. 7-28-2005-3.5 to amend
the Interlocal Agreement (ILA) dated January 2001, and amended in July
2002, between the City of College Station and the City of Bryan for
Emergency Water Transfer.
3.6 Approved by common consent the second reading of an ordinance approving
a non-exclusive five-year medical waste hauling franchise agreement with
Stericycle, Inc.
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Council Regular Meeting 7/28/05 Page 3
3.7 Approved by common consent the first reading of an ordinance for a
franchise agreement with Texas Commercial Waste for the collection,
processing, and marketing of recyclable materials.
3.8 Approved by common consent the rejection of 3 proposals for the Low Power
AM Emergency Advisory Radio System.
3.9 Approved by common consent Ordinance No. 2815 denying the proposal by
Atmos Energy Corporation to implement interim Gas Reliability Infrastructure
Program ("GRIP") rate adjustments for gas utility investment in 2003.
Regular Agenda
Regular Agenda Item No. 4.1 -- Public hearing, presentation, discussion,
and possible action on an amendment to Chapter 9 "Subdivisions" of the
City Code adopting standards for the construction of streets and alleyways.
Director of Public Works Mark Smith remarked that the existing standards are
contained in the City's subdivision ordinance. This amendment removes those
standards from the ordinance. The revised language indicates that the design
criteria for urban and rural streets and alleys are contained in the Bryan/College
Station Unified Design Guidelines and the Bryan/College Station Unified Technical
Specifications. The standards raise pavement standards, increase the right of way
requirements for collectors and arterials, reduce the width of alleyways and add
standards that will provide for traditional neighborhood designs. Also, included are
design guidance for the use of "streetscape" elements such as brick pavers, street
furniture and handrails.
The key changes in the standards include:
• An increase in asphalt thickness from 1.5 inches to 2 inches for all roadway
sections.
• An increase in base thickness from 6 inches to 8 inches on collector streets.
• A new specification allowing cement stabilized base.
• A new details and design standards for concrete streets.
• A new specification requiring more compaction on new asphalt.
• New design guidelines for traditional neighborhoods
o Narrowing street widths from 27 feet to 24 feet
o Allowing for tighter curves
• Narrowing alleyway widths from 24 feet to 12 feet.
• Increased right-of-way widths
o Minor collectors - 60' to 70'
o Major collectors - 70' to 80'
o Minor arterials - 90' to 100'
o Rural collectors - 80' to 100' (COUNTY STD)
Mayor Silvia opened the public hearing.
Veronica Morgan, 511 University Drive East, spoke in favor of the amendments.
Mayor Silvia closed the public hearing
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Council Regular Meeting 7/28/05 Page 4
Mayor Pro Tem Happ moved to approve Ordinance No. 2816 amending Chapter 9
"Subdivisions" of the City Code adopting standards for the construction of streets
and alleyways. Council member Gay seconded the motion.
Mayor Pro Tem Happ made a motion to amend the ordinance changing the effective
date to January 1, 2006. Council member Berry seconded the motion, which
carried unanimously, 6-0.
FOR: Silvia, Happ, Gay, Lancaster, Scotti, Berry
AGAINST: None
ABSENT: White
Regular Agenda Item No. 4.2 -- Public hearing, presentation, discussion,
and possible action on a rezoning for 9500 Rock Prairie Road (Rez)
consisting of approximately 117 acres generally located on Rock Prairie
Road just south of Greens Prairie Road from A -O Agricultural Open to A -OR
Rural Residential.
Director of Development Services Joey Dunn remarked that the purpose of this
request is to continue the development of the previously approved Master
Development Plan in May of 2004 of Williams Creek Subdivision. This rezoning
request was for a future phase of this development. The Williams Creek Master
Development Plan (MDP) encompasses approximately 642.82 located on Greens
Prairie Road East. The Master Development Plan proposes single Family Low
Density (1/3-2 DU/AC) for the majority of the tract.
The Planning and Zoning Commission and staff recommended approval of the
rezoning.
Mayor Silvia opened the public hearing.
The following citizens spoke in favor of the rezoning.
Mike Gentry, 1515 Emerald Plaza, Attorney for Applicant
Joe Schultz, 1717 Graham Road, Project Engineer, explained that there is adequate
water for fire protection for the proposed 117 acres.
Mayor closed the public hearing
Mayor Pro Tem Happ moved to approved Ordinance No. 2817 rezoning 9500 Rock
Prairie Road consisting of approximately 117 acres generally located on Rock Prairie
Road just south of Greens Prairie Road from A -O Agricultural Open to A -OR Rural
Residential. Council member Gay seconded the motion which carried unanimously,
6-0.
FOR: Silvia, Happ, Gay, Lancaster, Scotti, Berry
AGAINST: None
ABSENT: White
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Council Regular Meeting 7/28/05 Page 5
Regular Agenda Item No. 4.3 -- Pre sentation, discussion, and possible
action on an amendment to the Rental Registration Ordinance for duplex
and single family rentals
Council member Scotti abstained from this item.
Fire Marshall, Eric Hurt remarked that the during the June 22, 2005 City Council
Workshop, Council directed staff to bring an amendment to the Rental Registration
Ordinance back to Council that will reduce the financial burden on rental property
owners required to register their properties. Mr. Hurt described two separate
ordinance amendments. Option 1: Requires an initial $25.00 fee to register the
rental property, but removed the requirement to pay $15.00 annually for
registration. Option 2: removed all fees for rental registration from the Rental
Registration Ordinance.
Council member Gay moved to approve Ordinance No. 2818 approving Option 2
(removed all fees for the Rental Registration Ordinance). Council member
Lancaster seconded the motion which carried by a vote of 3-1-2.
FOR: Gay, Lancaster, Berry
AGAINST: Mayor
ABSTAINED: Scotti, Happ
ABSENT: White
Council member Berry moved to table this item. Mayor Pro Tem Happ seconded the
motion. Notion failed by a lack of a vote.
Council member Gay amended the motion to approve Ordinance No. 2818
approving Option 2 (remove all fees from the Rental Registration Ordinance); with
the implementation date effective January 1, 2006. Council member Berry
seconded the motion, which carried by a vote of 3-1-2.
FOR: Gay, Lancaster, Berry
AGAINST: Mayor
ABSTAINED: Scotti, Happ
ABSENT: White
Regular Agenda Item No. 4.4 -- Pre sentation, discussion, and possible
action regarding a report from the Senior Advisory Committee.
Director of Parks and Recreation Steve Beachy introduced this item.
Senior Services Coordinator Marci Rodgers presented a brief report regarding the
current programs provided for senior residents of our community as well as
recommendations from the Senior Committee related to the development of a
Senior Citizens Center in College Station.
Mrs. Rodgers noted that the Senior Advisory Committee has perceived a need for a
facility designed specifically for the senior population in our community. This facility
will provide dedicated space for on-going leisure and educational programs, fitness
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Council Regular Meeting 7/28/05 Page 6
activities and special events for this age group. The Committee delivered their
report and related recommendations to the Parks & Recreation Advisory Board on
May 17th, 2005. The Board accepted the report and recommended that it be
forwarded to the City Council for discussion.
Senior Advisory Chairman, Robert Meyers, 308 Pershing, addressed the City Council
concerning the Senior Citizens Committee recommendations to the development of
a Senior Citizens Center in College Station
The following citizens addressed the City Council in support of the Senior Center.
Joe L. LeCour, 608 Summerglen
Joanna L. Yeager, 100 Mortier #1004
Raymond Reed, 1601 Wolfpen Court
Council member Gay moved to accept the report and proceed with community input
for the proposed project. Council member Berry seconded the motion which carried
unanimously, 6-0.
FOR: Silvia, Happ, Gay, Lancaster, Scotti, Berry
AGAINST: None
ABSENT: White
Council recessed for a short break at 9:14 p.m., and reconvened the regular
meeting at 9:26 p.m.
Regular Agenda Item No. 4.5 — Presentation, discussion and possible
action on the process to be used for review the 2005-2006 proposed
budget.
Budget and Strategic Planning Director Jeff Kersten presented a summary of key
dates, budget process and significant decision points and in the FY 2005-2006
budget process.
Council members made comments regarding accountability for outside agency
funding, the possibility of voting on each fund separately, looking at the Ad Valorem
tax rate first, and to look into livable wages for the City of College Station lowest
paid full time employees and what impact it would have on the budget to bring the
employees up to livable wage.
Mr. Kersten noted that he would schedule four budget workshop meetings to review
the budget by funds and as each fund is completed take direction from Council
members. The proposed changes will be presented to the City Council on August 8.
Regular Agenda Item No. 4.6 -- Pre sentation, discussion, and possible
action on revisions to the City Council Meeting Procedures.
City Attorney Harvey Cargill. Jr. described the proposed modifications based upon
City Council feedback from the July 14, 2005 meeting.
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Council Regular Meeting 7/28/05 Page 7
Council member Happ recommended moving the Works Study Session back to the
second and fourth Thursday of the month. The Work Study Session will start at
3:00 p.m.
The City Council concurred with having workshop and regular meetings on the 2nd
and 4th Thursday of each month and reinstating the invocation at the regular
meetings.
Regular Agenda Item No. 4.7 -- Pre sentation, discussion, and possible
action on adopting a policy for appointments to Council appointed
committees and citizen committees.
City Attorney Harvey Cargill Jr. described the modifications in the proposed policy
to reflect Council's desire to limit terms of committee members to two (2) three
year terms and that the selection process shall be at the discretion of the City
Council. The Chair's term shall be decided by the Council.
The City Council concurred with the proposed policy for appointments to Council
appointed committees and citizen committees.
Regular Agenda Item No. 5 -- The City Council may convene the executive
session following the regular meeting to discuss matters posted on the
executive session agenda for July 28, 2005.
At 10.11 p.m., Mayor Silvia announced in open session that the City Council would
reconvene into executive session pursuant to Sections 551.071, 551.074 and
551.087 of the Open Meetings Act, to seek the advice of the city attorney with
respect to pending and contemplated litigation, the evaluation of public officer(s)
and to consider economic negotiations.
Regular Agenda Item No. 6 -- Final action on executive session, if
necessary.
Refer to motion made by City Council prior to Regular Meeting.
Regular Agenda Item No. 7 - Adjourn
Hearing no objections the meeting adjourned at 11:30 p.m. on Thursday, July 28,
2005.
PASSED and APPROVED on this 22nd day of August, 2005.
n
EST:
City ecretary Connie Hooks
Mayor Ron Silvia
Traditional Values, Progressive Thinking
In the Research Valley