HomeMy WebLinkAbout01/25/2001 - Regular Minutes City CouncilCollege Station, Embrtwlng the Past,
Exploring the Ftmsre
Mayor
Lynn Mcllhaney
Mayor Pro Tempore
Larry Mariott
City Manager
Thomas E. Brymer
City Council
James Massey
Ron Silvia
Winnie Garner
Dennis Maloney
Anne Hazen
MINUTES
COLLEGE STATION CITY COUNCIL
Workshop and Regular Meetings
Thursday, January 25, 2001 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor McIlhaney, Mayor Pro Tem Mariott,
Councilmembers Massey, Maloney, Silvia, Hazen and Garner
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City
Attorney Cargill, Jr., City Secretary Hooks, Director of Development Services Callaway,
Director of Fiscal Services Cryan, Director Technology & Information Services Piwonka,
Director of Public Services Smith, Assistant Director of Public Works/BVSWMA
Director Smith, Project Coordinator Balmain, Director of Community Development
Brumley, Budget and Strategic Planning Manager Kersten, Director of Public Utilities
Woody, Staff Planner Jimmerson
Mayor Mcllhaney called the workshop meeting to order at 3:09 p.m.
Altenda Item No. 1 - Discussion Of consent agenda items listed for Reltular Council
Meetimt.
10.09 Discussion and possible action on a Memorandum of Understanding with the
Texas Transportation Institute to develop and implement Intelligent Transportation
Systems in College Station.
Mayor Mcllhaney reported that this item was removed by staff for placement on a future
agenda.
10.11 Electric Transmission and Wheeling Costs.
Electric Division Manager David Massey explained that the transition mechanism
allowed the gradual increase in transmission rates over the past four years. Funds were
budgeted in the Public Utilities Electric Division operating budget.
No action was taken.
City Council Meetings 1/25/01 Page 2
Anenda Item No. 2 - Presentntion~ discussion and possible action on proposed
smokinn ordinnnce.
City Attorney Harvey Cargill presented this item. He explained that the Joint Legislative
Committee held meetings to discuss revising the City of College Station and City of
Bryan current smoking ordinances. The proposed Ordinance revision presented at this
meeting would provide more stringent guidelines for smoking in public places than the
current ordinance. He further stated that items mandated by state law are not part of the
proposed smoking ordinance. Mr. Cargill pointed out there are exceptions to the non-
smoking ban in section B (2) a-d listed below.
· Private social functions
· Theatrical performances
· Tobacco specialty shop
· Bar or a bar area physically separate from a food establishment area
This proposed smoking ordinance provides that public places are non-smoking listed in
Section C l(a-i). However, a person in charge may designate a smoking area between the
hours of 10:00 p.m. and 6:00 a.m. in restaurants and cafeterias with a seating capacity
greater than fifty persons; provided, the smoking areas cannot be greater than fifty
percent of the seating capacity and there shall be a four foot separation between the
smoking and non-smoking areas. Restaurants and cafeterias of fifty or less shall not
allow smoking. Mr. Cargill emphasized that all public places are non-smoking unless it
is classified as a bar.
Mr. Cargill referred to the section in the ordinance that addressed owner and operator
responsibilities. At the direction of the Legislative Committee, this section read as
follows: "A person commits an offense if he is the owner, operator, manager or an
employee of an establishment and he intentionally permits or fails to make a reasonable
effort to prevent smoking in a "no smoking" area."
Council presented an overall viewpoint on this issue that conveyed their interest in
preserving the safety, health, and welfare of its citizens by making changes to the current
ordinance that are more restrictive and provide a better environment for restaurant
patrons. Council felt that the "bar area" in a restaurant should not be an exception as
mentioned above. Council directed staff to prepare a draft ordinance for the joint
meeting on January 30 with the City of Bryan for consideration that deletes "bar area"
from the ordinance, providing for no smoking in these areas as well.
Council also discussed a time frame before enforcement occurs.
No official action was taken.
City Council Meetings 1/25/01 Page 3
A~enda Item No. 3 - Presentation~ discussion and possible action on Vision
Statement #3. Strntenv #3~ Implementation Plan - Initiate Multi=Family Recycling.
Jim Smith, Assistant Director of Public Works/BVSWMA presented a study that showed
the technical and financial feasibility of implementing a multi-family recycling service in
College Station. Mr. Smith noted that the City of College Station residents will see an
increase of multi-family residents and therefore, increased demands for recycling options
will occur. Mr. Smith explained the objectives, success factors, approaches and the
solution analysis. Staff recommended a pilot program that will begin February 1, 2001 -
February 1, 2002.
Councilman Silvia made a motion to direct staffto proceed with the pilot project as
presented. Motion seconded by Councilman Hazen, which carried by a vote of 7-0.
FOR: Silvia, Hazen, Mcllhaney, Mariott, Garner, Maloney and Massey
AGAINST: None
Anenda Item No. 4 - Presentation~ discussion and possible action on the Information
nnd Referral Services being provided by United Way's First Call for Help"
DroRram.
Kay Parker with the United Way agency presented information on a new program called
First Call for Help. The program was established to provide a centralized directory to all
types of services that are utilized by residents that need assistance. She commented that
in July 2000, the Federal Communications Commission approved phone number 211 for
non-emergency calls. Council asked questions about the public information campaign.
No official action was taken.
Anenda Item No. S - Council Calendars
Angelou Economic & Technology Forecast, Austin, 1/23
Breakfast with the Mayor, Jr. High and High School Students, 1/26, 7:30 a.m. - 9:30 a.m.,
Conference Center
TML Legislative Briefing, Austin, 2/5
Council Workshop and Regular Meetings, 2/8 and 2/22.
Economic Development Conference, Dallas, 3/1
A~enda Item No. 6 = Hear Visitors.
Council did not receive any public comments.
Aeenda Item No. 7 - Executive Session
At 4:55 p.m., Mayor Mcllhaney announced that the City Council would convene into
executive session pursuant to Sections 551.071, 551.072, 551.074 and 551.086 of the
Open Meetings Act, to seek the advice of the city attorney with respect to pending and
City Council Meetings 1/25/01 Page 4
contemplated litigation, to discuss the purchase of real property, to consider the
appointment and evaluation of public officers, and to consider economic development
negotiations.
1. Cause No.
2. Cause No.
3. Cause No.
4. Cause No.
5. Cause No.
6. Cause No.
7. Cause No.
8. Cause No.
43,098-85, Brazos County - Bryan v. College Station
96-03168, Travis County - Bryan, et al. v. PUC (intervention
9%02587, Travis County-
98-13391, Travis County -
96-06940, Travis County -
9%07000, Travis County-
Bryan, et al v. PUC (intervention)
Bryan, et al. v. PUC (intervention
Bryan, et al. v. PUC (intervention
TMPA v. PUC (intervention
98-11817, Travis County - TMPA v. PUC (intervention
GN002343, Travis County - San Antonio v. PUC (intervention)
9. Cause No. GN002513, Travis County-San Antonio v. PUC (intervention)
10. Cause No. 49,367-CCL2, Brazos County - Wilkerson v. College Station
11. Cause No. 50,943-CCL - Brazos County - College Station v. SSC
Development, et al., Civil
12. Action No. 01-98-011056-CV, Court of Appeals Gold v. College Station
13. Docket Nos. TX96-2-000 and TX96-2-001, FERC - College Station, applicant
14. Cause No. 50,813-85, Brazos County - College Station v. Phillips Swager Associates,
Inc.; et al.
15. Cause No. 51,822-CC 1, Brazos County - Felder v. College Station
Competitive Matters {Gov't Code Section 551.086}
I. Assessment and Evaluation of the City of College Station's ability to provide electric
utilities service in the new market place. A review of its strengths weaknesses - threats
to its ability to provide electric utility service.
Real Estate {Gov't Code Section 551.072}
1. Community Park Land Acquisition
Personnel {Gov't Code Section 551.074}
1. City Secretary Annual Evaluation
Economic Incentive Negotiations {Gov't Code Section 551.072}
1. Viatel Incentives
These minutes shall note that council did not receive any public comments.
Council recessed from executive session at 7:00 p.m. and reconvened the executive
session following the regular meeting agenda.
Reeular Meetinn
Mayor Mcllhaney opened the regular meeting at 7:10 p.m. All council members were
present. She led the audience in the pledge of allegiance. Rev. A.C. Clark provided the
invocation.
City Council Meetings 1/25/01 Page 5
Consent Aeenda
10.1
Approved by common consent the minutes for City Council workshop and regular
meeting on January 11,2001.
10.2
Bid No. 01-17 - Approved by common consent the purchase of four Thermal
Imaging Cameras for the Fire Department. Awarded to lowest, responsible bidder
meeting specifications, Rescue Concepts, Inc. in the amount of $64,900.00.
Funds available and budgeted in the General Fund, Fire Suppression Division.
10.3
Bid No. 01-28 - Approved by common consent a resolution approving a
construction contract for the Wolf Pen Creek Channel Improvements, Brush
Clearing Operations. Awarded to lowest, responsible bidder meeting
specifications, Terra Services, Inc. in the amount of $24,975.00. Funds available
and budgeted in the Drainage Utility Fund.
10.4
Bid No. 01-29 - Approved by common consent the purchase of flow monitors for
the Water/Wastewater Treatment Plant. Awarded to lowest, responsible bidder
meeting specifications, Macauley Controls Co., in the amount of $50,515.00.
Funds available and budgeted in the Sewer Fund.
10.5
Approved by common consent a real estate contract for the purchase of 205
George Bush Drive East and 1304 Foster. The contract is in the amount of
$112,000. Funds available and budgeted in the George Bush East Widening
Project.
10.6
Approved by common consent on a real estate contract for the purchase of a right-
of-way easement and a utility easement for the Dartmouth Drive Extension
Project for a total purchase price of $112,253.00. Funds available and budgeted
in the Dartmouth Drive Extension Project.
10.7
Approved by common consent an Inteflocal Agreement for EMS First
Responder Program between College Station, Bryan, and Brazos County
Volunteer Fire Departments.
10.8
Approved by common consent an agreement with Fulbright and Jaworski L.L.P.
to expend up to $50,000 for legal services associated with the hotel/conference
center project in the Highway 30/60 corridor. Councilman Garner abstained.
10.9
Discussion and possible action on a Memorandum of Understanding (MOU) with
the Texas Transportation Institute (TTI) to develop and implement Intelligent
Transportation Systems (ITS) in College Station. Removed from agenda by staff.
No action was taken.
City Council Meetings 1/25/01 Page 6
10.10
Approved by common consent Change Order #1 to the Eastgate Utility
Rehabilitation Project to Young Contractors, in the amount of$32,415.00 for the
re-routing of private water services.
10.11
Approved by common consent the authorization to increase funds available for
Electric Transmission wheeling and loss payments for Year 2000 from $900,000
to $1,415,000. Funds available and budgeted in the Public Utilities Electric
Division operating budget.
10.12 Approved by common consent a resolution adopting a revised investment policy.
Councilman Garner abstained.
10.13
Approved by common consent a resolution approving the reassignment of a
professional services contract for Phase I design of Veterans Park and Athletic
Complex from O'Malley Engineers to OW[alley Engineers, L.L.P.
10.14
Approved by common consent Ordinance No. 2486 amending Chapter 4,
"Business Regulations", Section 7, "Ambulances", of the Code of City
Ordinances.
10.15
Approved by common consent Ordinance No. 2487 amending Chapter 10 of the
Code of Ordinances removing the daily maximum fee that can be charged at the
Northgate Promenade Parking Lot. This amendment is required due to the
equipment change on the lot from a master meter to individual space meters.
Reeular Aeenda
Agenda Item No. 11.1 - Public hearing~ discussion and possible action on an
ordinance rezoning 11.5 acres out of the Horse Haven Estates Subdivision from A-O
agricultural Open and R-I~ Sinele Family Residential to PDD-B~ Planned
Development District - Business~ located on the north bound frontage road of Earl
Rudder Freeway between Raintree Drive and Harvey Road.
Staff Planner Jessica Jimmerson stated that the applicant requested to rezone this property
to allow for a large retail center on the site. The Land Use Plan and the East Bypass Plan
showed this are to be Mixed Use. The applicant began discussions with the City about
this project prior to the kickoff of the East Bypass Study; however, the applicant did
attempt to incorporate some of the suggestions of the study into the conceptual plan.
Ms. Jimmerson explained two major differences between the East Bypass Plan and the
aspects of this rezoning. First, the East Bypass Plan discourages big box commercial
development. This development will be buffered by a four-acre floodplain that separates
the existing residents. Secondly, the East Bypass Plan recommended that parking be
placed at the side or in the rear of buildings. The applicant has stated that the subject
property is not wide enough along the frontage road to allow for the building to be placed
at the front of the property. To compensate for this as well as to address the concerns
City Council Meetings 1/25/01 Page 7
over aesthetics in the East Bypass Plan, Academy proposed landscaping and streetscaping
that is more than triple the current requirements in the ordinance. Staff concurred with the
applicant's proposal. Planning and Zoning Commission and staff recommended
approval.
The following citizens spoke in opposition the rezoning.
David Pfannstiel, 8710 Greenleaf
Boyce Sorrell, 7704 Sherman Court
Brenda Sorrell, 7704 Sherman Court
Matthew Wendell, 2612 Sandelwood Court
Sherry Ellison, 2705 Brookway Drive
Jan Pfannstiel, 8710 Greenleaf
The following citizens spoke in favor of the rezoning
Bert Hermann, 2401 Earl Rudder Freeway, owner of property.
Tim Dikes, architect for the project
Mayor Mcllhaney closed the public hearing.
Mayor Pro Tem Mariott made a motion to approve Ordinance No. 2488 with staff
recommendations rezoning 11.5 acres from A-O, Agricultural Open and R-1 Single
Family Residential to PDD-B, Planned Development District - Business. Motion
seconded by Councilman Silvia, which carded by a vote of 7-0.
FOR: Mariott, Silvia, Mcllhaney, Cramer, Hazen, Maloney and Massey
AGAINST: None
Agenda Item No. 11.2 -- Presentation~ discussion and possible action on an
ordinnnce nmendinl~ Chapter 9, Collel~e Station City Code, limiting, reolnttin~ in
subdivisions plntted prior to July 15~ 1970.
Director of Development Services Jim Callaway presented this item. Mr. Callaway
stated that the current moratorium on plat applications in the Eastgate and Southside
areas would expire on February 15, 2001. The Planning and Zoning Commission tabled
the rezoning previously initiated to place the Neighborhood Preservation Overlay into
effect.
The proposed ordinance amendment provides an alternate measure for addressing
residential infill issues in older area and amends the subdivision regulations, limiting
replats in residential subdivisions for which plat were filed for record prior to July 15,
1970. He explained the exceptions where plats can be considered:
· Plats which do not create an additional lot or building plot - This allows
correcting plats, plats to adjust a lot line, etc.
City Council Meetings 1/25/01 Page 8
· Plat which do create an additional lot or building plot when the resulting lots
provide a width which meets or exceeds the average lot width on the block - This
is a "contextual standard" as recently discussed by our code consultant.
· Plats in the Northgate Redevelopment area can be considered.
These measures will not prevent infill development in older subdivisions, but will limit
residential infill with density based on area lot widths. Unplatted property is not affected
and could be platted and developed in accordance with current stands. This section, if
adopted, will expire on January 1, 2002.
Staff recommended approval of the ordinance.
The following persons addressed
ordinance amendment.
Dock Burke, 502 West Dexter,
Mike Luther, 1614 Welch
Benito Flores-Meath 901 Val Verde
the council with concerns regarding the proposed
Councilman Maloney made a motion to table this item until the February 8, 2001
meeting. Motion seconded by Councilman Hazen, which carried by a vote of 7-0.
FOR: Maloney, Hazen, Mcllhaney, Mariott, Garner, Silvia and Massey
AGAINST: None
Agenda Item No. 11.3 -- Public henring~ discussion and possible action on nn
ordinnnee nmendinn the City of College Station 2000-2001 Budget by $1~388~552 in
vnrlous funds; nnd authorizing nn increase in the maximum limit of approval for
expenditures by the City Manager from $15~000 to $50~000.
Budget and Strategic Planning Manager Jeff Kersten described the appropriations
proposed in the ordinance amending the FY 01 Budget outlined below:
· Gainsharing $243,882 - To provide the budget appropriation for the 2000
Galnsharing distribution approved by the City Council on November 9, 2000.
Funds are available in the various operating fimds for this appropriation.
Water Oversized Participation $357,368 - To provide the budget appropriation
in the Water Fund and the Water Capital Project Fund for 2 Oversized
Participation projects approved by the City Council The first project is the
Castlegate Oversized Participation approved by the City Council on November
11, 2000. The second project is the Greensworld Oversized Participation
approved by the City Council on December 14, 2000. Funds are available in the
Water Fund working capital for this appropriation.
Economic Development Incentive - Lane College Station Limited Partnership
$282,500 - To provide the appropriation for an economic development incentive
to Lane College Station Limited Partnership approved by the City Council on
City Council Meetings 1/25/01 Page 9
December 14, 2000. This will provide the appropriation in the Electric Fund for
this project. Funds are available in the Electric Fund for this appropriation. The
Hotei/Motel Fund will repay the Electric Fund over a 5-year period.
Dean International Agreement - $180,000 - To provide the appropriation in the
General Fund for the Dean International contract approved by the City Council at
the December 14, 2000 City Council Meeting. This agreement calls for Dean
International to develop strategies to accomplish a transportation improvement
plan for the City of College Station. Funds for this appropriation are available in
the General Fund balance.
Juvenile Accountability Grant - $17,100 - To provide the appropriation in the
General Fund for the Juvenile Accountability Grant for "Decision Making" for
first Offenders. This grant was accepted by the City of College Station on
September 14, 2000. Funds for this appropriation are available in the General
Fund.
Police Motorcycle and Permit Coordinator Grant Carryover from FY O0 -
$53,302 - To provide the budget appropriation in the General Fund for equipment
purchases in the Police Department. This includes the equipment for the 2
motorcycles, and the computer equipment for the alarm permit program. This
project was approved in last year's budget, however the equipment was not
purchased due to delays in notification from the federal government on the grant
the equipment was contingent on. Funds for this appropriation are available in the
General Fund.
Melrose TIF - $254,400 - To provide the appropriation in the Melrose TIF Fund
for the obligation the City has under the development agreement with the Melrose
apartment complex. In December the Melrose TIF approved a budget of
$254,400. Funds for this appropriation are available in the Melrose TIF Fund.
Legal Position - To upgrade of a temporary/seasonal legal clerk position to a
regular three quarter time legal clerk position. This change is being made in order
to attract and retain a person in this position. The additional costs for this position
will be included in the FY 02 budget. This will add a regular three quarter time
benefited position to the budget, and eliminate the existing temporary seasonal
position. If approved, this change will increase the total number of regular full
and part time positions in the FY 00-01 budget from 715.5 to 716.25.
Increasing the Maximum Limit of Approval for Expenditures by the City
Manager from $15,000 to $50,000 - To amend the budget ordinance and give
the City Manager authority to approve expenditures up to $50,000. The current
limit is $15,000. This will streamline the approval process for many items that are
approved in the annual budget, and will allow the City Council to focus on the
longer-term policy issues of the City.
City Council Meetings 1/25/01 Page 10
Mayor Mcllhaney opened the public hearing. No one spoke. Mayor Mcllhaney closed
the public hearing.
Mayor Pro Tem Mariott made a motion to approve Ordinance No. 2489 amending the
budget by $1,388,533 in various funds. Motion seconded by Councilman Massey, which
carried by a vote of 7-0.
FOR: Mariott, Massey, Mcllhaney, Hazen, Garner, Maloney and Silvia
AGAINST: None
Agenda Item No. 11.4 -- Presentation~ discussion and possible action on
appointments for College Station representatives on the Joint Relief Fundin~
Review Committee nnd College Station Representatives on the B-CS Library
Committee.
Councilman Silvia made a motion to appoint David Decker to a three-year term for
membership on the Joint Relief Funding Review Committee. Motion seconded by Mayor
Pro Tem Mariott, which carried unanimously, 7-0.
FOR: Mcllhaney, Mariott, Massey, Garner, Silvia, Maloney, Hazen
AGAINST: None
Councilman Maloney made a motion to change the terms of membership on the Joint
Relief Funding Review Committee to calendar year, January through December.
Seconded by Councilman Silvia, which carded unanimously, 7=0.
FOR: McIlhaney, Mariott, Massey, Garner, Silvia, Maloney, Hazen
AGAINST: None
Councilman Silvia made a motion to appoint Shirley Watts and Charles Smith to
two-year terms on the B-CS Library Committee. Motion seconded by Mayor Pro Tem
Mariott, which carried unanimously, 7-0.
FOR: McIlhaney, Mariott, Massey, Garner, Silvia, Maloney, Hazen
AGAINST: None
Aeenda Item No. 12 - Executive Session.
At 9:06 p.m., Mayor McIlhaney announced that the City Council would convene into
executive session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, to
seek the advice of the city attorney with respect to pending and contemplated litigation
and to consider the appointment and evaluation of public officers. Refer to executive
session list previously mentioned.
City Council Meetings 1/25/01 Page 11
Agenda Item No. 13 -- Final action on executive sessions if necessary.
The council concluded its executive session at 9:48 p.m. They returned to open session.
Councilman Maloney made a motion to increase the City Secretary salary to $53,000
annually effective on anniversary date. Motion seconded by Councilman Silvia, which
carried by a vote of 7-0.
FOR: Maloney, Silvia, Mcllhaney, Mariott, Hazen, Garner and Massey
AGAINST: None
Agenda Item No. 14 - Adjourn
Hearing no objections, the workshop, regular and executive sessions were adjourned at
9:56 p.m.
PASSED AND APPROVED this 8a~day of February. 2001.
APPROVED:
ATTEST:
Ma'~/or Lynn Mcllhaney ]~
City Secretary Connie Hooks
City of College Station Council Workshop Meeting
JANUARY 25, 2001
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