HomeMy WebLinkAbout12/21/2004 - Regular Minutes City Council
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MINUTES
COLLEGE STATION CITY COUNCIL
Regular Meeting
City Hall Council Chamber s
Tuesday, December 21, 2004 at 7:00 p.m.
COUNCILMEMBERS PRESENT
: Mayor Silvia, Mayor Pro Tem Maloney, Councilmembers Happ,
Massey, Berry, Lancaster, Wareing
STAFF PRESENT
: City Manager Tom Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City
Secretary Hooks
Mayor Silvia called the regular meeting to order at 7:00 p.m. He led the audience in the pledge of allegiance.
Agenda Item No. 10 -- Presentations
Mayor Silvia presented a 2004 Achievement of Excellence and Procurement Award to the Purchasing Division staff
of the City of College Station.
Risk Management Director Bill Cody, Assistant City Attorney Angela DeLuca, Safety and Training Coordinator
Dennis Ecklund, and EMS Training Coordinator Billy Bradshaw received a State award from the National Risk
Management Association at a recent conference in Galveston. Mayor Silvia applauded the staff for their award in
developing a bloodborne pathogen exposure plan.
Risk Management Director Bill Cody and Mayor Ron Silvia presented fleet safety awards to three department of the
city for their efforts in reduction of incidents. Recognition was given to the following departments: Honorable
Mention, College Station Police Dept., Parks and Recreation, and Development Services. Third place, Fire
Department; Second Place Public Works, First Place Public Utilities.
Agenda Item No. 11 - Hear Visitors.
Mike McMichen spoke about the recent passing of Citizen Norma Miller. He asked the Council to consider at a
future meeting, the idea of establishing an endowment fund toward the purchase of the public lectern in the new city
hall council chambers in her memory.
Consent Agenda
12.1Bid #05-16. Approved award for Bid #05-16 switched transmission capacitor banks to WESCO Electrical
Distributors in the amount of $485,420.00.
12.2Rejected Bid #04-95 for the purchase of five (5) diesel powered electric generators for the amount of
$489,011.00 from Cummins Southern Plains Power.
12.3Approved purchase of Emergency Electrical Generators, Bid #05-17, for the amount of $448,739.00 from
Mustang CAT.
12.4Approved renewal of contract for stop loss insurance with Blue Cross Blue Shield for our self-funded
employee medical plan in the amount of $209,004.
12.5Approved purchase order in the amount of $113,690.00 to the Brazos Valley Softball Umpires Association
for officiating services for Parks and Recreation athletic programs for calendar year 2005 in accordance with
contract 02-185 as amended.
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12.6Approved renewal of Collection Agreements for delinquent accounts for Utilities, Municipal Ambulance
Services and other miscellaneous revenue; and Municipal Court Fines/Fees for an estimated expenditure of
$100,000.
Ordinance 2772
12.7Approved amending Chapter 10, “Traffic Code,” Section 4E(3)(b) and Section 4E(3)(c) of
the Code of Ordinances of the City of College Station. Section 4E(3)(b) will restrict parking 50 feet either
side of the three driveways into the high school parking lots and Section 4E(3)(c) will restrict parking on the
north/east side of Nueces Drive between Guadalupe Drive and Welsh Avenue to 2 hours between 8:00 a.m.
to 5:00 p.m. Monday through Friday.
12.8Contract 04-047. Approved a professional services contract with Mitchell & Morgan, L.L.P., to provide
engineering and design services for the Spring Creek Corporate Campus Project, DE-0300 in the amount of
$379,500.00.
12.9Approved the assignment and assumption of a Grant Agreement between the City of College Station and
Lane College Station, L.P. to JER College Station Hotel, L.P.
12.10Approved contract(s) for the replacement of the AS400 Computer, the services to install, test and train city
personnel on operations of the new computer and software, and the purchase of Vision Solutions Inc. High
Availability software to THE VAR L.L.C. for an amount not to exceed $222,600.00.
12.11 Adopted Resolution No. 12-21-2004-12.11 approving a professional service contract for aerial/topographic
mapping services within the City of College Station city limits and the ETJ to Kucera International Inc. in an
amount not to exceed $275,555.00.
Councilmember Lancaster moved approval of the consent agenda items as presented. Motion seconded by
Councilmember Wareing which carried unanimously, 7-0.
Regular Agenda
13.1Public hearing, discussion and possible action approving Amendment #1 to the Real Estate Contract
previously approved by Council and authorizing the Mayor to sign same, which will finalize the purchase of
real property needed for the relocation of Fire Station No. 3 to Barron Road.
Fire Chief Dave Giordano introduced this item. Mayor Silvia opened the public hearing. Several members of the
audience expressed comments in support and opposition to the location of Fire Station No.3 in relation to their
properties along Barron Road.
Kent Knudsen, 1112 Mallory Ct.
Jen Nixon, 1213 Skyline Ct.
Jason Fikes, 1309 Danville Ct.
Tony Casper, 1216 Norfolk
Michelle Strickland, 1104 Mallory Ct.
Joan Ghani, 1110 Coeburn Ct.
Damon Pfaltzgraff, 1217 Skyline Ct.
David Rudd, 1203 Skyline Ct.
Kari Griggs-Martin, 1217 Baywood Ct.
Julia Vasilyev, 1312 Baywood Ct.
Mayor Silvia closed the public hearing. Fire Chief Dave Giordano explained that the new fire station is needed in
order for the Fire Department to meet the recommended response criteria of five minutes to 90% of the resident
population. With the addition of Fire Station No. 5 on Greens Prairie Road, coupled with the change to one-way
traffic on the SH-6 frontage roads, the station needs to be relocated to Barron Road. Considering its location and
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physical attributes, staff believes this is the best site for Fire Station #3. He also noted that several changes in
procedure will occur to limit noise level for the neighbors.
Mayor Pro Tem Maloney made a motion to approve Amendment #1 to the Real Estate Contract previously approved
by Council and authorizing the Mayor to sign same, which will finalize the purchase of real property needed for the
relocation of Fire Station No. 3 to Barron Road. Motion seconded by Councilmember Massey. Motion carried by a
vote of 4-3.
FOR: Silvia, Maloney, Happ, Massey
AGAINST: Lancaster, Berry, Wareing
13.2Presentation, discussion and possible action on an agreement with Kenny Cotten’s, LLC providing for
the City to pay $52,912.50 for additional right-of-way required to build a section of Dartmouth Street
South of FM 2818.
Director of Public Works Mark Smith explained that this is an agreement for the City’s participation for the
development of a Minor Arterial in the Cotten Subdivision. The developer requested that the City pay for the cost of
the additional right-of-way requirement. Staff recommended approval.
Joel Mitchell, 511 University Drive, came forward to answer any questions. No questions were asked.
Councilmember Massey moved approval of the agreement as presented. Councilmember Wareing seconded the
motion which carried unanimously, 7-0.
Mayor Silvia thanked The Eagle City Hall Reporter, Summer Hamilton for the coverage and attention she provided
to the City of College Station. Summer was leaving her position at the Eagle.
13.3Public hearing, discussion, and possible action on a Rezoning consisting of two (2) lots on 14.57 acres
generally located in the 3800 Block of F&B Road from a combination of R-1, Single-family Residential,
C-1, General Commercial, and A-O, Agricultural-Open to C-1, General Commercial.
Joey Dunn, Director of Development and Planning Services presented a brief staff report.
Staff recommended approval of the rezoning. The Planning& ZoningCommission voted unanimously to recommend
approval on December 2, 2004.
The applicants requested both parcels be zoned C-1, General Commercial in compliance with the Comprehensive
Plan. A substantial portion of Tract 2 is already zoned C-1 (1999). Most of Tract 1 and a small portion of Tract 2
were granted annexation by petition by the City Council last month. The purpose of the request was to bring the
balance of this parcel and the adjacent parcel into compliance with the Plan. Both property owners are under contract
to sell the property. A developer plans to build a mini-storage warehouse facility in two phases on both parcels.
Both parcels are shown as Regional Retail on the Land Use Plan.
Mayor Silvia opened the public hearing. No one spoke. He closed the public hearing.
Ordinance No. 2773
Councilmember Berry moved approval of rezoning two (2) lots on 14.57 acres generally
located in the 3800 Block of F&B Road from a combination of R-1, Single-family Residential, C-1, General
Commercial, and A-O, Agricultural-Open to C-1, General Commercial. Seconded by Councilmember Lancaster,
which carried unanimously 7-0.
13.4Public hearing, discussion, and possible action on a rezoning for the Putz-Meyer property, consisting
of 0.87 acres, located at 800 University Drive, more generally located near the southeast corner of
Tarrow Street East and University Drive, from R-1 Single-Family Residential to C-1 General
Commercial.
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Joey Dunn presented a staff report. The rezoning was requested to adjust the current zoning line to conform to the
lot lines recently proposed with the Preliminary Plat of this property. Lot 1 is 8.133 acres, with 0.87 acres zoned R-1
Single-Family Residential and the remaining acreage already zoned C-1 General Commercial. The OV Overlay
District is also applied to the front 500' of this property along University Drive.
The Land Use Plan designates this property as Retail Regional. C-1 General Commercial is in compliance with the
Comprehensive Plan. University Drive is designated as a Major Arterial and Lincoln Avenue is designated as a
Major Collector on the Thoroughfare Plan.
Planning and Zoning Commission unanimously recommended approval of this rezoning request. Staff
recommended approval as well.
Mayor Silvia opened the public hearing. No one spoke. He closed the public hearing.
Ordinance No. 2774
Councilmember Nancy Berry moved approval of rezoning Putz-Meyer property, consisting of
0.87 acres, located at 800 University Drive, more generally located near the southeast corner of Tarrow Street East
and University Drive, from R-1 Single-Family Residential to C-1 General Commercial. Seconded by
Councilmember Massey, motion carried unanimously, 7-0.
13.5Presentation, 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 2003 International Building, Plumbing, Mechanical, Fuel Gas,
Residential, Property Maintenance and Energy Conservation Codes with related amendments.
Building Official Lance Simms presented a summary of the changes to the various Codes located in Chapter 3,
Building Regulations of the Code of Ordinance.
Ordinance No. 2775
Mayor Pro Tem Maloney moved approval of amending Chapter . 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 2003 International Building, Plumbing, Mechanical, Fuel Gas, Residential, Property Maintenance
and Energy Conservation Codes with related amendments.
Councilmember Happ seconded the motion which carried unanimously, 7-0.
13.6Presentation, discussion and possible action on an ordinance amending Chapter 6, “Fire Protection”,
of the Code of Ordinances of the City of College Station, Texas by amending certain sections as set out,
adopting the 2003 International Fire Code with related amendments and the 2003 NFPA Life Safety
Code.
Assistant Fire Chief Eric Hurt presented a staff report and highlighted the significant changes in the 2003
International Fire Code, most of which were merely housekeeping
changes to provide better clarification of the Codes.
Ordinance No. 2776
Mayor Pro Tem Maloney moved to approve amending Chapter 6, “Fire Protection”, of the
Code of Ordinances of the City of College Station, Texas by amending certain sections as set out, adopting the 2003
International Fire Code with related amendments and the 2003 NFPA Life Safety Code. Motion seconded by
Councilmember Berry, which carried unanimously, 7-0.
13.7Presentation, discussion and possible action regarding a contract in the amount of $300,000 for
transportation consulting service between Dean International, Inc. and the City of College Station.
Assistant City Manager Glenn Brown stated that Dean International requested an increase in their contract with the
City of College Station from $240,000 to $300,000 annually. The proposed contract increase is for an expanded role
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in the Regional Transportation Summit, and time spent on Regional Mobility Authority (RMA) issues on the City’s
behalf. He explained options for Council to consider.
1) Contract with Dean International for the expanded levels of service as proposed
regarding the Transportation Summit and RMA considerations. Funding for the existing
contract is paid from the Streets Capital Project Fund (interest revenue). The additional
funding needed for the expanded service in the amount of $60,000 would need to come
from the General Fund.
2) Contract with Dean International for expanded services as mentioned above, except
make a request to other local entities to pay the additional cost of the increased service.
This option could be approached through the Intergovernmental Committee, by placing
an item on their next agenda for January to begin discussions
3) Another option is to continue the contract with Dean International at the existing
service level and contract fee of $240,000, paid from interest revenue from the Streets
Capital Project Fund. If the Council would like to pursue an expanded role for Dean
International with the Summit, and pursue RMA considerations; ask Dean for a proposal
to reduce other services within the existing contract to monetarily offset the proposed
increase.
4) Decline to renew the contract with Dean International when it expires the end of this
calendar year. Initiatives started by Dean could be pursued by existing City staff as time
permits.
Councilmember Massey made a motion to approve the contract of $240,000 and not pursue regional mobility
authority in 2005. Continue with intergovernmental relations related to surface transportation and projects such as
the widening of Highway 60 and Barron Road interchange. City could identify the third project. Seconded by
Councilmember Berry. No vote was taken.
Councilmember Wareing made an amended motion to table this item Motion seconded by Councilmember
Lancaster, which failed by a vote of 2-5.
FOR: Wareing, Lancaster
AGAINST: Silvia, Massey, Happ, Berry, Maloney
Following a lengthy discussion about the provisions of the contract, Council took a short break. The Council
returned at 10:30 p.m. and continued discussion about the Dean contract.
Mayor Silvia made a motion to negotiate a three month contract with Dean International to allow time for Council to
look at the transportation issues. Transportation Committee would work on the scope of services. Councilmember
Wareing seconded the motion. Motion passed by a vote of 4-2-1.
FOR: Silvia, Lancaster, Wareing, Maloney
AGAINST: Happ and Massey
ABSTAIN: Berry
14. The City Council may convene the executive session following the regular meeting to discuss matters posted
on the executive session agenda for December 21, 2004.
Mayor Silvia announced that the City Council would reconvene into the 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 attorney, to consider the
purchase of real property, the appointment and evaluation of public officers, and economic development.
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 an attorney-client
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privileged information. After executive session discussion, any final action or vote taken will be in public. The
following subject(s) may be discussed:
a)Cause No. 52,434-361, Brazos County – College Station v. Wolf Pen Creek, Ltd., et al.
b)TCEQ Docket No. 2002-1147-UCR; Applications of Brushy Water Supply and College Station
(Westside/Highway 60)
c)TCEQ Docket No. 2003-0544MWD; Application of Nantucket, Ltd.
d)TXU Lone Star Gas Rate Request
e)Cause No. 03-002098-CV-85, Brazos County – College Station v Wellborn Special Utility District
f)Cause No. 04-002379-CV-272, Brazos County – JK Development v. College Station
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:
a)Olden property located at the intersection of Rock Prairie and Greens Prairie Roads.
b)Aggie Field of Honor
c)Land acquisition on Wellborn Road for proposed cemetery
d)Proposed site for Fire Station #3 on Barron Road
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:
a)Municipal Judge evaluation
b)Council self 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:
a)Conveyance of expanded business park property to Heat Transfer Research Inc.
b)Incentives Plan for development in the Wolf Pen Creek district
The City Council returned to the executive session at 10:55 p.m. At 11:40 p.m. they returned to the regular meeting
and took the following action.
Mayor Pro Tem Maloney made a motion to increase the salary of the Municipal Court Judge five percent effective
October 1, 2004. Seconded by Councilmember Wareing which carried by a vote of 4-0.
The meeting adjourned at 11:41 p.m.
th
PASSED AND APPROVED this 28 day of April, 2005.
APPROVED:
_______________________________
Mayor Ron Silvia
ATTEST:
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_______________________________
City Secretary Connie Hooks
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