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HomeMy WebLinkAbout12/19/2002 - Regular Minutes City Council Mayor Ron Silvia City Council John Happ Mayor Pro Tempore Winnie Garner James Massey Scott Mears *sr City Manager Dennis Maloney COLLEGE STATION Thomas E. Brymer Anne Hazen College Station, Embracing the Past, Exploring the Future MINUTES College Station City Council Workshop and Regular Meeting Thursday, December 19, 2002 City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Massey, Council members Hazen, Maloney, Garner, Mears, Happ STAFF PRESENT: Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Assistant City Secretary Casares, Director of Development Services Templin, Public Works Director Smith Mayor Silvia opened the workshop meeting at 3:02 p.m. with all council members present. Workshop Agenda Item No.1 -- Discussion of consent agenda items listed for Regular Council Meeting. No items were removed for discussion. Mayor Silvia deferred discussion to Agenda Item No. 3 at this time. Workshop Agenda Item No. 3 -- Presentation, discussion and possible action regarding the appointment of a Citizen Advisory Committee for the 2003 5 -year General Obligation Capital Improvements Program. Director of Public Works Mark Smith introduced this item. Council members discussed the appropriate size of the committee membership and the process for selection of members. Scott Mears serves as Chairman and Winnie Garner serves as Vice Chairman of the Committee. Council member Mears indicated that a budget will be established by the City Manager for use by this committee for copying expenses, food expenses, etc. Following a lengthy discussion on the selection process, council members suggested the following citizens be named to the ad hoc Citizen Advisory Committee for the 2003 five -year capital improvement program. Mears and Garner will review the remaining applications and bring forth the recommendations at their January 9th meeting. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 12/19/02 Page 2 Council member Happ requested Council member Mears to appoint two citizens on his behalf. Due to an out of town business engagement, Council member Happ left the meeting at 3:30 p.m. CIP Committee Hays Glover, Thomas Longbrake, Edwin Coulson, Angie Alaniz, John Walter, Harry Raisor, Larry Ringer, Charles McCandless, Paul Kullman, Bill Eisele, Ken Reynolds, Sherry Ellison, Richard Van Duyne, Edward Uvacek, Jr. Official appointment of these citizens was decided during the regular meeting. Council member Mears reported that he and Council member Garner met with staff and discussed a time schedule and a budget for the CIP Committee meetings. The meetings will be held on Tuesdays from 6 -9 p.m. at a location to be decided. These meetings will begin in February. Workshop Agenda Item No. 2 -- Presentation, discussion and possible action on proposed land development fee increases. Director of Development Services Kelly Templin and Development Manager Natalie Ruiz presented a list of proposed increases for land development applications. It was noted that these fees will be placed on a future council agenda for consideration. Council expressed to staff the desire to review these fees on an annual basis. No official action was taken. Workshop Agenda Item No. 4 -- Discussion, review and possible action regarding the following meetings. Planning and Zoning Commission, Parks and Recreation Board, Wolf Pen Creek Oversight Committee, Zoning Board of Adjustments, Metropolitan Planning Organization, Brazos County Health Department, Brazos Animal Shelter, Brazos Valley Council of Governments, College Station Business Development Corporation, Historic Preservation Committee, Joint Relief Funding Review Committee, Library Committee, Facade Improvement Program Advisory Committee, Intergovernmental Committee, Sister City Association, TAMU Student Senate, Bryan /College Station Economic Development Corporation, Cemetery Committee and the Transportation Committee. (See attached posted notices for subject matters) Council member Maloney reported on recent activities of the Bryan/College Station Economic Development Corporation. Economic incentives in the amount of $18,000 by the EDC would be given toward new jet services by American Eagle and Continental Express at the Easterwood Airport. The impetus of this action was to prove to these airlines that the market is here to handle more flights via jets. Maloney also conveyed issues associated with the EDC Marketing plan. Council members suggested that the College Station representatives, Wallace Phillips and Joe Horlen, be present for discussion with the council at a future council meeting for an update of the EDC activities. ‘ Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 12/19/02 Page 3 Council member Garner reported on the recent meeting of the Transportation Committee. The committee discussed the proposed Greens Prairie Road and Highway 40 reconfiguration project. The Council concurred that there is a need to reconfigure the intersection, but indicated a concern for the safety at the intersection. Council asked that plans to acquire the necessary right - of -way for a grade separation at the intersection be considered. Another topic was the agenda for the upcoming Transportation Summit. Council member Garner also reported information from the Transportation committee meeting regarding the contract with Dean International for consulting services in 2003. Three key areas were discussed at the committee meeting and have been brought forward at this time as a recommendation to the Council. These areas included intergovernmental relations, the Brazos Valley Transportation Summit, and surface projects. Council concurred with all of the transportation committee's recommendations, except the recommendation on how the process to negotiate the contract with Dean International was to be handled. The Council agreed to discuss this point further at a future meeting. No vote was taken. Discussion was held about the role of the Transportation Committee and the staff in the rewrite of the Dean International contract. Mayor Silvia made remarks about a potential Sister City partnership with a city in Spain. Further discussions will be held with representatives of the Sister City Association. Workshop Agenda Item No. 5 -- Council Calendars City Council Workshop and Regular Meetings, 1/9, 1/23 %r. AMCC Institute, 2/7 -9/03, Austin Quarterly Meeting with TxDot officials, 2/7/03, Austin TML Legislative Briefing, 2/10/03, Austin Workshop Agenda Item No. 6 -- Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. Mayor Silvia announced that the Council moved into executive session at 5:22 p.m. pursuant to Sections 551.071, 551.074, and 551.087 of the Open Meetings Act to seek the advice of the City Attorney, to consider the appointment and evaluation of public officer(s) and economic development negotiations. Consultation with Attorney {Gov't Code Section 551.0711; 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. Cause No. 43,098 -85, Brazos County — Bryan v. College Station Cause No. 96- 03168, Travis County — Bryan, et al. v. PUC (intervention) Cause No. 97- 02587, Travis County — Bryan, et al. v. PUC (intervention) Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 12/19/02 Page 4 Cause No. 98- 13391, Travis County - Bryan, et al. v. PUC (intervention) Cause No. 96- 06940, Travis County - Bryan, et al. v. PUC (intervention) Cause No. 97- 07000, Travis County - TMPA v. PUC (intervention) Cause No. 98- 11817, Travis County - TMPA v. PUC (intervention) Cause No. 98- 11815, Travis County - Texas -New Mexico Power Co. v. PUC (intervention) Cause No. 97- 12392, Travis County - Central Power & Light Co. v. PUC (intervention) Cause No. 97- 12405, Travis County - Bryan v. PUC (intervention) Cause No. 97- 12401, Travis County - TMPA v. PUC (intervention) Cause No. 97- 12402, Travis County - San Antonio v. PUC (intervention) Cause No. GN002343, Travis County - San Antonio v. PUC (intervention) Cause No. GN002513, Travis County - San Antonio v. PUC (intervention) Cause No. GN000152, Travis County - TMPA v. PUC (intervention) Cause No. GN200090; Travis County - Reliant Energy v. Big Country Electric Coop, et al. Cause No. GN200100, Travis County - San Antonio, etc. v. Brazos Electric Power Coop, et al. Cause No. GN200685, Travis County - TMPA v. PUC and City of Bryan (intervention) Case No. 03 -02- 00462 -CV, Court of Appeals -TMPA v. PUC (continued intervention) Docket Nos. TX96 -2 -000, TX96 -2 -001, TX96 -2 -002, TX96 -2 -003, TX96 -2 -004, TX96 -2 -005, TX96 -2 -006, FERC - College Station, applicant Docket No. 25197, Public Utility Commission - College Station request to set rates. Docket No. 25395, Public Utility Commission - College Station (intervention) Docket No. 26950, Public Utility Commission - College Station (intervention) Docket No. 25002, Public Utility Commission - PUC application to set 2002 wholesale rates PUC Project No. 25937 - PUC investigation into possible manipulation of ERCOT market (respondent) PUC Project No. 21927 - College Station request to maintain current certification PUC Project No. 25591- 2001 electric utility earnings reports (respondent) Cause No. 52,434 -361, Brazos County - College Station v. Wolf Pen Creek, Ltd., et al. Cause No. 28,765, Grimes County - Trant v. Grimes County, College Station and Bryan Case No. G -02 -108, U.S. District Court - Lester v. College Station and Piersall. Cause No. 02- 0012920- CV -85, Brazos County - Municipal Drilling vs. College Station Cause No. 02-001154-CV-85; Brazos County - Weisinger Water Well v. Municipal Drilling, Evergreen National Indemnity Company and College Station Cause No. 02- 001291 -CV -361, Brazos County - Piersall v. College Station and Feldman Cause No. 02- 000247 -CV -272, Brazos County - Dean Ranch v. Bayliss, et al. v. College Station and Contract Land Staff Cause No. 02- 002223 -CV -361, Brazos County - DeSantiago v. College Station Cause No. 02- 002445 -CV -272, Brazos County - Evelyn L. Bruce v. College Station, C.D. Henderson, Inc., and Scott Elliott, d/b /a Elliott Construction Seek advice regarding City's legal rights regarding Cox Cable. Discussion of legal rights and obligations concerning city's contracts. Discussion and possible settlement with TXU Gas for unpaid franchise fees. 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: Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 12/19/02 Page 5 The proposed city conference center and associated privately developed hotel. Skov 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: Municipal Court Judge Evaluation City Attorney Evaluation Mayor Silvia announced that the Council recessed from executive session at 6:55 p.m. No action was taken at this time. Refer to the conclusion of the regular meeting for any action taken. Regular Meeting Mayor Silvia opened the regular meeting at 7:00 p.m. He led the audience in the pledge of allegiance. Mayor Pro Tem Massey provided the invocation. Mayor Silvia presented an award of commendation to P. David Romei, Executive Director of the Arts Council. Mayor Silvia presented an award to Michele Boriskie for receiving the Risk Manager Associate of the Year Award by the Texas Chapter of the Public Risk Management Association. Mayor Silvia presented a recognition certificate to Peggy Calliham for receiving the Bryan College Station Convention and Visitors Bureau Hometown Hero Award. 8.1: Hear Visitors. Mayor Silvia opened the floor for public comment. No one spoke. Council member Hazen made a motion to excuse John Happ from the regular meeting. Motion seconded by Council member Maloney which carried unanimously, 6 -0. Consent Agenda 9.1 Contract No. 02 -185: Approved by common consent a service agreement with the Brazos Valley Softball Umpires Association to provide officiating services for City athletic leagues and programs. 9.2 Bid No. 03 -32: Approved by common consent Resolution No. 12 -19- 2002 -9.2 for the Short Form Construction Contract for fence improvements to six (6) youth baseball fields located in Southwood Athletic Park 9.3 Approved by common consent an interlocal agreement between the City of College Station and the College Station Independent School District (CSISD), calling for financial participation by the City of College Station in the installation of rubberized surfacing on the one - fifth mile jogging /walking track at South Knoll Elementary School. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 12/19/02 Page 6 9.4 Approved by common consent authorizing the Mayor to sign right -of -way easements from Texas A &M University to the City of College Station for a water transmission pipeline and a water distribution pipeline crossing the University Campus. 9.5 Approved by common consent Resolution No. 12 -19- 2002 -9.6 approving a construction contract for the Tarrow Street South Rehabilitation Project. 9.6 Approved by common consent the first reading of a franchise agreement with Mini Dumpster for the collection, hauling, and disposal service for residential construction debris solid waste in roll -off containers. 9.7 Approved by common consent a settlement agreement with TXU Gas to for underpaid franchise fees. 9.8 Approved by common consent the first reading of an ordinance amending the TXU Gas franchise agreement allowing for an increase in franchise fees from 3% to 4% for residential and commercial TXU Gas customers. 9.9 Approved by common consent Resolution No. 12 -19- 2002 -9.10 to adopt the annual reports for Tax Increment Reinvestment Zones #1, #4 and #15 and to submit such reports to the taxing entities, State Comptroller's office, and Attorney General's office. Regular Agenda Regular Agenda Item No. 10.1: Public hearing, discussion and possible action on a Conditional Use Permit (use only) for the COCS Fire Station No. 5 (CUP) proposed to be located at 601 Greens Prairie Road. (02 -238) Director of Development Services Kelly Templin explained that the conditional use for a Fire Station will provide a necessary public safety service to the area residences and services and it is in compliance with the Comprehensive Plan. Staff and the Planning and Zoning Commission recommended approval of the use permit. The condition use will allow Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing. Mayor Pro Tem Massey made a motion to approve Ordinance No. 2600 authorizing a conditional use permit for the City of College Station Fire Station No. 5 to be located at 601 Greens Prairie Road. Motion seconded by Council member Garner, which carried unanimously, 6 -0. FOR: Silvia, Massey, Maloney, Hazen, Mears, Garner AGAINST: None ABSENT: Happ Regular Agenda Item No. 10.2: Public hearing, discussion and possible action on an ordinance amendment to Section 7.21 of the Zoning Ordinance, Wolf Pen Creek Development Corridor, pertaining to the Design Review Board. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 12/19/02 Page 7 Mayor Pro Tem Massey made a motion to approve Ordinance No. 2599 to add a landscape architect to the membership of the Wolf Pen Creek Design Review Board. The membership shall expand from eight members to nine. Motion seconded by Council member Garner, which carried unanimously, 6 -0. FOR: Silvia, Massey, Mears, Maloney, Garner, Hazen AGAINST: None ABSENT: Happ Regular Agenda Item No. 10.3: Presentation, discussion and possible action on appointment of a registered architect to the Wolf Pen Creek Design Review Board. Council member Maloney moved to appoint Phillip Tabb to the Wolf Pen Creek Design Review Board. Motion seconded by Council member Garner, which carried unanimously, 6 -0. FOR: Silvia, Massey, Mears, Maloney, Garner, Hazen AGAINST: None ABSENT: Happ Regular Agenda Item No. 10.4: Presentation, discussion and possible action regarding the appointment of a Citizens Advisory Committee for the 2003 five -year General Obligation Capital Improvements Program. Director of Public Services Mark Smith explained that at the Council's 3:00 p.m. workshop meeting, the City Council proposed 14 individuals to serve on the ad hoc Capital Improvement Program Committee in 2003 at its workshop meeting. liter Hays Glover, Thomas Longbrake, Edwin Coulson, Angie Alaniz, John Walter, Harry Raisor, Larry Ringer, Charles McCandless, Paul Kullman, Bill Eisele, Ken Reynolds, Sherry Ellison, Richard Van Duyne, Edward Uvacek, Jr. Council also invited various liaisons from the different council appointed committees to attend the CIP Committee meetings. Meetings are scheduled to begin February 17 and continue each Tuesday evening for approximately 8 -10 weeks. Council member Hazen moved to accept the slate of nominees as presented. Council member Maloney seconded the motion, which carried unanimously, 6 -0. Mayor Silvia noted that Scott Mears will serve as Chairman and Winnie Garner shall serve as Co -Chair of the 2003 CIP Committee. Additional appointments were scheduled for the Council's next meeting, January 9. Regular Agenda Item No. 10.5: Presentation, discussion and possible action regarding the City of College Station's appointment of one director to the Brazos Valley Groundwater Conservation District, with the approval of the Brazos County Commissioner's Court. Assistant City Manager Glenn Brown explained that the purpose of this item was for the appointment of a representative to the Groundwater Conservation District Board. Recently, the 4 114w Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 12/19/02 Page 8 voters approved the Groundwater Conservation District; therefore, this board is being permanently established. The makeup of the board will consist of eight individuals, four from rr Brazos and Robertson counties, representing industry, municipalities, agriculture and rural water interests. Staff recommended the appointment of John Woody to serve as the College Station representative with the approval of the Brazos County Commissioners Court. . Council member Maloney made a motion to appoint John Woody for a four -year term subject to the approval of the Brazos County Commissioners Court. Motion seconded by Mayor Pro Tem Massey, which carried unanimously, 6 -0. FOR: Silvia, Massey, Maloney, Mears, Hazen, and Garner AGAINST: None ABSENT: Happ Regular Agenda Item No. 10.6: Presentation, discussion and possible action on appointments for College Station representatives on the B -CS Library Committee. City Secretary Connie Hooks explained that the purpose of this item was to make appointments to the Library Committee for two positions that expire December 31, 2002. Mayor Pro Tem Massey made a motion to reappoint Charles Smith to the Library Committee for a two -year term. Seconded by Council member Mears, which carried unanimously, 6 -0. FOR: Silvia, Massey, Maloney, Mears, Hazen, Garner AGAINST: None ABSENT: Happ Council member Garner moved to reappoint Shirley Watts to the Library Committee for a two - year term. Seconded by Council member Maloney, which carried unanimously, 6 -0. FOR: Silvia, Massey, Maloney, Mears, Hazen, Garner AGAINST: None ABSENT: Happ Regular Agenda Item No. 11: Executive Session At 8:00 p.m., Mayor Silvia announced that the Council moved 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, to consider the appointment and evaluation of public officer(s) and economic development negotiations. Regular Agenda Item No. 12: Final action on executive session, if necessary. Council member Happ returned to the meeting. Council concluded the executive session at 9:06 p.m. and returned to the regular meeting. The following action was taken: Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 12/19/02 Page 9 Council member Hazen made a motion to increase the salary of Municipal Court Judge Ed Spillane salary to $67,650 effective January 1, 2003. Seconded by Mayor Pro Tem Massey and rr carried unanimously, 7 -0. FOR: Silvia, Massey, Maloney, Garner, Mears, Hazen, and Happ AGAINST: None Council member Hazen made a motion to increase the base salary of City Attorney Harvey Cargill, Jr., to $107,000 retroactive to September, 2002. Motion seconded by Council member Maloney and carried unanimously. 7 -0. FOR: Silvia, Massey, Maloney, Garner, Mears, Hazen, Happ AGAINST: None Regular Agenda Item No. 13 -- Adjourn. Hearing no other business, the meetings adjourned at 9:11 p.m. on Thursday, December 19, 2002. PASSED AND APPROVED this 9th day of January, 2003. %kw APPROVED: Mayor on Silvia ATTEST: e t_yr jj2 .3jew_ City Secretary Connie Hooks Providing Customer Service Excellence City of College Station College Station, Texas �•, City of College Station Council Regular Meeting December 19, 2002 \, Sign In Sheet COLLEGE STATION C i t y of College S t a t i o n 1. ) 11. 2. 12. 3. 13. 4. 14. 5. 15. Sore 6. 16. 7. 17. 8. 18. 9. 19. 10. 20. 1