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Home My WebLink About01/27/2005 - Regular Minutes City Council 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 Minutes College Station City Council Workshop and Regular Meeting Thursday, January 27, 2005 at 3:00 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, Happ, Wareing, Lancaster, Berry 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 3:05 p.m. Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular Council Meeting. No items were removed for discussion. Workshop Agenda Item No. 2 -- Presentation, discussion and possible action on direction of options regarding public safety in the Northgate area as it pertains to the regulation of alcohol or open containers. Assistant Police Chief Scott McCollum remarked that on October 21, 2004, a presentation was made to Council to apprise them of recent developments in the Northgate area relating to public safety concerns. In that meeting, staff requested the passage of a resolution that would allow the City to petition The Texas Alcoholic Beverage Commission for an order granting the authority to enact an ordinance that would prohibit open containers and the public consumption of alcoholic beverages in the central business district. The resolution established the defined central business district and acknowledged that open containers and public consumption of alcoholic beverages in this district is a risk to the health and safety of the citizens of the municipality. Council passed the resolution and further directed staff to meet with stakeholders in the Northgate area to seek input and alternative approaches. Staff met with a contingency of stakeholders in the Northgate area, obtained input, and received a proposal for a modified approach to addressing the concern. During the meeting, there was consensus to address large quantities of alcohol on the promenade and some expressed a concern regarding adverse economic impact. Others expressed concern of how a total ban would affect them. Also, a merchant expressed a desire to hire more police officers to work the area. An attorney present presented a modification to our current glass container ordinance for the Traditional Values, Progressive Thinking In the Research Valley City Council Meeting 1/27/05 Page 2 Northgate area. He proposed to modify the ordinance to include prohibition of not only glass containers but also, metal and plastic containers. Therefore, allowing only plastic coated paper or cardboard beverage containers in the Northgate area. Asst. Chief McCollum pointed out that the City of College Station Legal Department proposed eight options for consideration. For the matter of discussion, the options have been condensed to four basic categories. The four categories are: 1. Maintain Status Quo 2. Limit alcoholic beverages to only that purchased from the Northgate area. 3. Modify current glass container ordinance to include prohibition of metal and plastic containers. 4. Prohibit open containers and public consumption with a provision for a special event permit. In an effort to consider concerns and understand the desire to preserve the uniqueness of Northgate, option four would allow for a special event provision. This would allow individuals or groups to secure a special event permit from the City of College Station, therefore taking the responsibility for the event. The individual or group would have to: • Provide a specific date and time of the event • Estimate the attendance • Provide a site plan to include accommodations for restroom facilities and trash receptacles • Declare a licensee or concessionaire to sell alcohol for the event • Provide security • Provide proof of insurance to cover injury or death • Provide a license bond for clean up of debris and any potential damage to property Staff recommended pursuing an ordinance which prohibits open containers and public consumption of alcohol in the predefined central business district but allows provisions during special events. Additionally recommended entering into a dialogue with Northgate merchants as a means to finance an attractive perimeter for special events that would adhere to the currently established theme of the Northgate promenade. Council member Wareing moved to direct staff to pursue an ordinance which prohibits open containers and public consumption of alcohol in the predefined central business district but allows provisions during special events; additionally enter into a dialogue with Northgate merchants on a means to finance an attractive perimeter for special events that would adhere to the currently established theme of the Northgate promenade. Council member Lancaster seconded the motion. After a brief discussion, Council member Wareing amended his motion to direct staff to pursue an ordinance which prohibits open containers and public consumption of alcohol in the predefined central business district but allows provision during special events. Additionally, a recommendation was added to enter into a dialogue with Northgate merchants and students on a means to finance an attractive perimeter for special events that would adhere to the currently Traditional Values, Progressive Thinking In the Research Valley City Council Meeting 1/27/05 Page 3 established theme of the Northgate promenade. Council member Lancaster seconded the motion, which carried unanimously, 7 -0. 0 FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry AGAINST: None Council recessed for a short break at 5:45 pm and returned to the workshop meeting at 5:55 pm. Workshop Agenda Item No. 5 -- Presentation, discussion and possible action on the need for expansion of library facilities. Director of Office of Technology and Information Services Olivia Burnside remarked that the Larry J. Ringer Library is 16,000 square feet; this includes an all purpose meeting room that is 780 square feet. The library was opened in its current location in March of 1998. Circulation since that time has increased 44.3% and the number of active patrons has grown 86 %. The children's reading program has shown a similar growth pattern. The Larry J. Ringer Library is limited to 250 people. It is currently estimated that there may be $5 - $7 million in debt capacity available over the next 5 years for capital projects not currently in the 5 year CIP. Staff recommended that the overall library expansion include a larger meeting room and that the expansion be undertaken as one project. Also, that the expansions of the library remain on the list of projects to be considered in future bond referendums. The Library Board preferred to keep the full library expansion as a high priority. ® No formal action was taken Workshop Agenda Item No. 3 -- Presentation, discussion and possible action regarding the update of Planning and Development Services. This item was postponed until the February 10, 2005 City Council workshop meeting. Workshop Agenda Item No. 4 -- Presentation, discussion and possible action on a draft proposal for College Station Utilities (CSU) to partner with Brazos Valley Community Action Agency (BVCAA) to provide emergency utility assistance to College Station Utility (CSU) customers. Assistant City Manager Glenn Brown, Utility Administration Manager Carol Baker Roach, and Community Development Administrator Randy Brumley presented this item. Mr. Brown remarked that at the November 23, 2004 City Council Meeting, Council directed staff to explore the needs related to utility assistance. Current services are provided by local charitable organizations. These agencies, using local, state, and federal funds, provide emergency utility assistance to lower- income citizens having difficulty paying utility bills. Agencies providing this assistance often exhaust funding before the end of the year, leaving needy citizens without payment options on utility bills, particularly during the holidays. Approximately $25,000 was pledged to College Station Utilities (CSU) for payment of its I D customers' utility bills by these charitable organizations in 2004. Of that amount, $12,500 came Traditional Values, Progressive Thinking In the Research Valley City Council Meeting 1/27/05 Page 4 from BVCAA, making it the leading contributor for CSU customers. BVCAA services 9 counties with a variety of services, and is the largest organization of its type in the area. Mr. Brown remarked that the College Station Utility would like to partner with Brazos Valley Community Action Agency by providing $25,000 in utility bill assistance for its low- income customers. Many other utilities, such as Entergy, BTU, Atmos Energy, TU, etc. already provide assistance for their needy customers. College Station Utility proposes to allow Brazos Valley Community Action Agency to use the same federal and state guidelines currently in place to qualify the need of CSU customers requesting assistance. These guidelines include income restrictions and other criteria to include: the elderly /disabled; households with children under the age of six and; persons with documented medical condition. Also, there are limits on the dollar amounts a customer may receive. Mayor Pro Tem Maloney suggested adding a line item to the City of College Station utility bill that would allow citizens to donate monies to customers requesting assistance. Council members expressed that they are in full agreement with utility bill assistance for low - income customers and directed staff to prepare a plan for Council approval at a future meeting. Workshop Agenda Item No. 6 -- Discussion and possible action on future agenda items — A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. Council member Lancaster requested an agenda item on the Fraternal Partnership Committee activities. Mayor Pro Tem Maloney requested a workshop agenda item on "silent" communities. Mayor Pro Tem Maloney expressed concerns regarding Pebble Creek Parkway being extended in the future. Workshop Agenda Item No. 7 -- Council Calendars Agenda Planning Calendar January 25 City Center Committee 3:00 p.m. January 28 Assistant Public Works/BVSWMA Director Jim Smith Retirement Reception, 3:00 p.m. City Hall Council Chambers January 31 Police Chief Ed Feldman Retirement Reception, 2:00 p.m., Hilton February 1, 2, 3 Transportation Committee Trip to Washington D.C. February 7 Council Retreat, 8:00 a.m., Carter Creek Wastewater Treatment Plant February 8 Transportation Committee Meeting, 5:30 p.m., Administrative Conference Room February 9 Student Senate Meeting, 7:00 p.m. February 10 Workshops and Regular Council Meeting 2:00 p.m. February 12, 13 AMCC Conference — Austin February 14 TML Legislative Briefing — Austin February 15 Chamber of Commerce Meeting 8:00 a.m. February 16 Research Valley Partnership — 3:00 p.m. Traditional Values, Progressive Thinking In the Research Valley City Council Meeting 1/27/05 Page 5 February 18 Fire Department Recognition Banquet — Pebble Creek — 6:00 p.m. February 18 — 21 Making Cities Livable Conference — Carmel, Ca. February 21 Intergovernmental Meeting — noon Workshop Agenda Item No. 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, 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, (see attached posted notices for subject matters). Council member Berry remarked that the Brazos County Health Department will meet in March. Mayor Pro Tem Maloney presented highlights of the Fraternal Partnership Committee Meeting. Council member Wareing conveyed comments of the Research Valley Partnership meeting. Council member Massey presented a summary of the Wolf Pen TIF Board Meeting. Workshop Agenda Item No. 9 -- Executive Session will immediately follows the workshop meeting in the Administrative Conference Room. At 6:20 p.m., Mayor Silvia announced in open session that the city council would convene into executive session pursuant to Sections 551.071, 551.072, 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, to consider the purchase of real property, the appointment and evaluation of public officer(s) and to consider 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. 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 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: TCEQ Docket No. 2002 - 1147 -UCR; Applications of Brushy Water Supply and College Station (Westside/Highway 60) TCEQ Docket No. 2003- 0544MWD; Application of Nantucket, Ltd. TXU Lone Star Gas Rate Request. Cause No. 03- 002098- CV -85, Brazos County — College Station v. Wellborn Special Utility District Cause No. 04- 002379 -CV -272, Brazos County - JK Development v. College Station 411) Atmos Energy Corporation — Prudence Review Atmos Energy Corporation — Gas Reliability Infrastructure Program (GRIP) Rate Adjustment Traditional Values, Progressive Thinking In the Research Valley City Council Meeting 1/27/05 Page 6 Real Estate {Gov't Code Section 551.072 }; possible action L 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: Various property as set out in Item No. 13.4 Personnel {Gov't Code Section 551.074 } ; possible action The City Council may deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer. After executive session discussion, any final action or vote taken will be in public. The following public officer(s) may be discussed: City Manager Evaluation 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: The proposed city conference center and associated privately developed hotel. Workshop Agenda Item No. 10 -- Final action on Executive Session, if necessary. Council recessed from executive session at 6:59 p.m. No action was taken. Regular Meeting Mayor Silvia called the regular meeting to order at 7:00 p.m. with all council members present. He led the audience in the pledge of allegiance. Mayor Silvia presented a proclamation to Police Chief Edger Feldman for his 39 years of service. Regular Agenda Item No. 12 -- Hear Visitors Council did not receive any public comments. Consent Agenda 13.1 Approved by common consent the minutes for City Council Workshop and Regular Meeting November 9, 2004 and Special Meetings for November 17, 2004 and November L 29, 2004. Traditional Values, Progressive Thinking In the Research Valley City Council Meeting 1/27/05 Page 7 13.2 Contract #05 -067. Approved by common consent Resolution No. 1 -27- 2005 -13.02 approving a construction contract with Elliott Construction Inc. to construct new water (ma, and wastewater service connections for the Water Distribution and Wastewater Collection Division. 13.3 Bid #05 -29. Approved by common consent the annual price agreement with Criswell Distributing Company in an amount not to exceed $53,314.80 for janitorial supplies and paper products for all city buildings. 13.4 Approved by common consent Resolution No. 1 -27- 2005 -13.04 authorizing the condemnation of three separate pieces of real property needed for exclusive public utility easements and temporary construction easements in order to develop the Water Transmission Project. Regular Agenda Regular Agenda Item No. 14.1 -- Presentation, discussion and possible action regarding a hotel/conference center. City Manager Tom Brymer introduced this item. Ron Fulton, President of the Brazos Valley Lodging Association came forward to make comments about the association's interest for a hotel /conference center in the City of College Station, and pledged the support of the Brazos Valley Lodging Association. LP Economic and Community Development Director Kim Foutz presented an overview of information gained from a recent conference regarding Hotel and Conference Centers. Barry Biggars, Executive Director of Convention and Visitors Bureau stated that a facility is needed in this community to attract larger conferences, in addition to the groups that currently hold meetings in College Station. He pledged their support of a Hotel /Conference Center. The following recommendations were proposed. Council members Massey noted that since the time of the election and the growth of the community the City should reaffirm the public vote by holding a public referendum. Council member Lancaster remarked there is an enormous need of a hotel/conference center that could accommodate large conferences in College Station. Council member Wareing spoke in favor of exploring and identifying options for a hotel /conference center. Council member Happ's principal concern was the amount of funds approved by the voters for the project in 1997, $6 million. This amount is not reasonable for an adequate facility. Council member Berry spoke in support of a hotel /conference center concept. L Traditional Values, Progressive Thinking In the Research Valley City Council Meeting 1/27/05 Page 8 Mayor Pro Tem Maloney spoke in support of a hotel/conference center. He did not, however, support the idea of taking a referendum back to voters. • Council members noted that based on the results of the presentation, staff should find a way to fund the additional monies for a hotel /conference. No formal action was taken. Regular Agenda Item No. 14.2 -- Presentation, discussion and possible action on an ordinance amending Chapter 7, "Health & Safety ", Section 2, "Noise ", of the Code of Ordinances of the City of College Station, allowing exemptions in certain circumstances. Building Official Lance Simms remarked that the proposed ordinance provides limited relief from noise restrictions for construction purposes when justifiable cause is demonstrated. Based on past experience, staff anticipates granting exceptions to the noise ordinance for the placement of concrete no more than ten times per year, excluding work in the right -of -way. The City of College Station has an existing ordinance prohibiting loud noise in proximity to residential and public properties. The ordinance provides for "quieter standards" from 10:00 p.m. each night until 7:00 a.m. the following morning. From time -to -time, City staff is contacted by building contractors and/or prior to 7:00 a.m. The requests are usually for large commercial projects and usually received during the summer months. They may be justified by one or more of the following reasons: 0 • Summer months allow for earlier starts due to increased daylight hours. • Concrete tends to set quicker in warmer weather — reducing the amount of time allowed for finishing. • Earlier starts allow employees to work in the cool of the day. The Department of Public Works has also expressed an interest in allowing street construction and/or repairs and utility work during the early morning or night hours in certain cases. The proposed amendment would provide for additional exceptions allowing concrete placement on construction projects during the early morning hours and roadway and utility construction work in right -of -ways. Staff would carefully judge each request for an exemption and grant permission only after considering the following criteria: • Time of year — warmer months present special challenges for concrete placement. • Surface area of proposed pour — larger areas require more time for proper placement and finishing. • Project proximity to adjacent residential units — exemption requests involving projects that abut dwelling units will be considered disapprovingly. • Public safety considerations — certain projects present special public safety challenges such as traffic congestion and/or pedestrian access issues. Mayor Pro Tem Maloney moved to approve Ordinance No. 2780 amending Chapter 7 "Health 0 & Safety ", Section 2, "Noise ", of the Code of Ordinances of the City of College Station, Traditional Values, Progressive Thinking In the Research Valley City Council Meeting 1/27/05 Page 9 allowing exemptions in certain circumstances. Council member Massey seconded the motion, which carried unanimously, 7 -0. C re FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry AGAINST: None Regular Agenda Item No. 14.3 -- Presentation, discussion and possible action on an ordinance revising chapter 3, Section 2 of the City's Code of Ordinance changing insurance requirements and setting fees. Manager of Special Projects and Legislative Affairs Don Fazzino presented a recommendation to the Code increasing insurance requirements for users of the right -of -way when registering with the City to align with those insurance requirements in current franchise ordinances. The City Charter requires that fees be established by ordinance. The proposed changes move the fees for registration of right -of -way uses and the fees for construction permits into the right -of -way maintenance ordinance. He continued to state that the right -of -way users paying a franchise fee or fee in lieu of franchise fee are exempt from both the registration and construction permit fees for work in the right -of ways. Council member Massey moved to approve Ordinance No. 2781 modifying Chapter 3, Section 2 of the City's Code of Ordinance changing insurance requirements and setting fees. Mayor Pro Tem Maloney seconded the motion, which unanimously, 7 -0. FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry L AGAINST: None Regular Agenda Item No. 14.4 -- Presentation, discussion and possible action to appoint one member to the Wolf Pen Creek Tax Increment Finance Board of Directors for term expiring, and annual appointment of Board Chair. Mayor Pro Tem Maloney pointed out that the WPC TIF Board members shall serve until a replacement is named. Due to the change in the City Council in a few months, Mayor Maloney recommended to postpone any appointments to the Wolf Pen Creek TIF Board until May 2005. The City Council concurred with Mayor Pro Tem Maloney's recommendation. Mayor Pro Tem Maloney moved to reappoint Sharon Colson as chairman to the Wolf Pen Creek TIF Board. Council member Wareing seconded the motion, which carried unanimously, 7 -0. FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry AGAINST: None Regular Agenda Item No. 14.5 -- Presentation, discussion and possible action on appointments for College Station representatives to the B -CS Library Committee. Mayor Pro Tem Maloney moved to postpone appointments to the Bryan/College Station Library Committee until May 2005. Council member Wareing seconded the motion, which carried unanimously, 7 -0. L FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry AGAINST: None Traditional Values, Progressive Thinking In the Research Valley City Council Meeting 1/27/05 Page 10 Regular Agenda Item No. 15 -- The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for January 27, 2005. At 8:18 p.m., Mayor Silvia announced in open session that the City Council would reconvene into executive session pursuant to Sections 551.071, 551.072, 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, to consider the purchase of real property, the appointment and evaluation of public officer(s) and to consider economic development negotiations. Regular Agenda Item No. 16 -- Final action on executive session, if necessary. Council returned to the regular meeting. No action was taken. Regular Agenda Item No. 17 -- Adjourn. Hearing no objections, the meeting adjourned. PASSED AND APPROVED this 9` day of June, 2005. APPROVED: Cpr ATTEST: p ` _ ` City Secretary Connie Hooks Traditional Values, Progressive Thinking In the Research Valley Mayor City Council Liv 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, January 27, 2005 at 3:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas 1. JQSSi J a- 11. 2. Mf 12. 3. (0 13. 4. ' NMI, 14. 5. t � t /-1 15. aiiim 6. 7 16. , / % 1 7. 8. li V r kt 18. pp�� ,�.. 9. V', / 19. 10. 20. 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