HomeMy WebLinkAbout11/21/2002 - Regular Minutes City Council C_I Mayor City Council
Ron Silvia John Happ
Mayor Pro Tempore Winnie Gamer
James Massey Scott Mears
COLLEGE STATION City Manager Dennis Maloney
Tom Brymer Anne Hazen
College Station, Embracing the Past,
Exploring the Future
MINUTES
College Station City Council
Workshop and Regular Meetings
Thursday, November 21, 2002
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCILMEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Massey,
Council members Garner, Hazen, Maloney, Happ, Mears
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, First
Assistant City Attorney Nemcik, City Secretary Hooks, College Station Utilities Director
410 Woody, Public Works Director Smith, Fiscal Services Director Cryan, OTIS Director
Burnside, Budget and Strategic Planning Director Kersten
Mayor Silvia called the workshop meeting to order at 3:00 p.m.
Workshop Item No. 1 - Discussion of consent agenda items listed for the Regular
Council Meeting.
College Station Utilities Director John Woody asked to clarify the council's motion made
at the October 10, 2002 meeting. Council authorized the use of double check valves and
changed the testing period to five years. Staff requested that the minutes of the October
10, 2002 be amended to include lawn irrigation check valves as part of the testing
process. Refer to the regular meeting minutes for action taken.
Workshop Item No. 2 - Presentation, discussion and possible action regarding the
recruiting video tape for the College Station Police Department.
Police Chief Edgar Feldman introduced Rhonda Seaton and Rodney Siegler, officers in
the Police Department. The new recruiting videotape was shown to the Council members
and the audience. Officers Seaton and Siegler answered questions from the Council
about their efforts in the recruiting process.
No official action was taken.
Council Meeting 11/21/2002 2
Workshop Item No. 3 - Presentation, discussion and possible action regarding the
appointment of members of a Citizen Advisory Committee for a new Capital
Improvements Program.
Public Works Director Mark Smith addressed this item. He reviewed the timeline for the
Capital Improvements Bond Project and the CIP Ad Hoc Committee responsibilities.
Councilmembers discussed the size of the committee and the appointment process for the
new CIP ad hoc committee. They determined that an application be completed by
interested citizens.
Mayor Pro Tem Massey made a motion to appoint Scott Mears as Chairman and Winnie
Garner as Vice Chairman of the Capital Improvement ad hoc committee. Motion
seconded by Council member Hazen, which carried unanimously, 7 -0.
FOR: Silvia, Massey, Mears, Hazen, Maloney, Garner, Happ
AGAINST: None
Council members Mears and Garner recommended revising the application form to
receive additional information from the applicant.
Council members took a short break. They returned at 4:40 p.m.
Workshop Item No. 4 - Presentation, discussion, and possible action on a draft
update of the City's Technology Plan as it relates to the Strategic Plan.
OTIS Director Olivia Burnside presented an update of the City's Technology Plan as it
related to the FY 02 -03 Council Strategic Plan. She answered questions from the
Council.
Council requested a summary that described the benefits of the projects to the
community.
No official action was taken.
Workshop Item No. 5 - Legislative workplan for the 78 State Legislative Session.
Mayor Pro Tem James Massey stated that the Intergovernmental Committee met to
discuss legislative items for the 78 State Legislative Session. On December 4 the
entities would meet with Representative Brown and Senator Ogden on various items
related to municipalities.
No official action was taken.
Workshop Item No. 6 - 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,
Council Meeting 11/21/2002 3
41100 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, the Transportation Committee, Bryan College Station Economic
Developmen Corporation.
Council member Maloney briefly mentioned that the EDC is forming a site selection
committee to look for another location for the Chamber/EDC. On another subject, the
EDC has unveiled its logo to promote the entire region as one community and allocated
$350,000 to advertise the area under one umbrella.
Council member Hazen reported on the recent meeting of the Health Department. She
spoke about bio- terrorism preparedness. Council expressed an interest to have Ken Bost,
Executive Director of the Health Department come to a future council meeting and
provide an update.
Mayor Pro Tem Massey made a motion to authorize the Mayor to make the
recommendation for appointment of Council member Maloney to the EDC Site Selection
Committee. Council member Hazen seconded the motion, which carried unanimously, 7-
0.
FOR: Silvia, Massey, Maloney, Hazen, Garner, Happ, Mears
410 AGAINST: None
Mayor Silvia reported on items from the Brazos Valley Council of Governments meeting.
County Commissioner Tony Jones will make a report to the Council about surface water
at a future council meeting.
James Massey provided a summary of the Intergovernmental Committee with the School
District related to the city's strategic plan in terms of growth. The School District will be
visiting with the city about the school's future facilities plans. Tom Brymer stated that
the Intergovernmental Committee met with the health insurance consultant to discuss
partnering with other entities on health insurance.
Workshop Item No. 7 - Council Calendars
Council members reviewed the council meeting calendar for December.
Mayor Silvia announced that the Council convened into Executive Session at 5:45 p.m.
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, to consider the appointment and evaluation of
public officials, and to consider economic development matters.
Consultation with Attorney {Gov't Code Section 551.0711; possible action
Council Meeting 11/21/2002 4
The City Council may seek advice from its attorney regarding a pending and
4 10 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:
1. Cause No. 43,098 -85, Brazos County -Bryan v. College Station
2. Cause No. 96- 03168, Travis County — Bryan, et al. v. PUC (intervention)
3. Cause No. 97- 02587, Travis County — Bryan, et al. v. PUC (intervention)
4. Cause No. 98- 13391, Travis County — Bryan, et al. v. PUC (intervention)
5. Cause No. 96- 06940, Travis County — Bryan, et al. v. PUC (intervention)
6. Cause No. 97- 07000, Travis County — TMPA v. PUC (intervention)
7. Cause No. 98- 11817, Travis County — TMPA v. PUC (intervention)
8. Cause No. GN002343, Travis County — San Antonio v. PUC (intervention)
9. Cause No. GN002513, Travis County — San Antonio v. PUC (intervention)
10. Cause No. GN000152, Travis County — TMPA v. PUC (intervention)
11. Cause No. 52,434 -361, Brazos County — College Station v. Wolf Pen Creek,
Ltd., et al.
12. Cause No. 28,765, Grimes County - Harold & Rosealice Trant v. Grimes
County, City of College Station and City of Bryan.
13. Cause No. GN200090; Travis County - Reliant Energy, Inc. v. Big Country
Electric Cooperative, Inc., et al.
14. Cause No. GN200100, Travis County - City of San Antonio, etc. v. Brazos
Electric Power Cooperation, et al.
15. Case No. G -02 -108, U.S. District Court — Catherine Lester v. College
Station and Sonja Piersall.
16. Docket Nos. TX96 -2 -000 & TX96 -2 -001, FERC — College Station, applicant
17. Docket No. 25197, Public Utility Commission — College Station request to
set rates.
18. Docket No. 25395, Public Utility Commission -- College Station (intervention)
19. Cause No. 02- 0012920- CV -85, Brazos County -- Municipal Drilling
Services vs. City of College Station
20. Cause No. 02- 001154- CV -85; Brazos County — Weisinger Water Well, Inc.
v. Municipal Drilling Services, Evergreen National Indemnity Company and
City of College Station
21. Cause No. 02- 001291 -CV -361, Brazos County — Sonja Piersall v. City of
College Station and Edgar Feldman
22. Seek advice regarding City's legal rights regarding Cox Cable.
23. Seek advice regarding City's legal right regarding the Wolf Pen Creek
Marquee Sign
40
Council Meeting 11/21/2002 5
Real Estate {Gov't Code Section 551.072 }; possible action
6 00 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:
Barron Road East right -of way acquisition.
Dartmouth Drive extension Phase Two Project
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.
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
Council recessed from executive session at 6:43 p.m.
Regular Meeting
Mayor Silvia called the regular meeting to order at 7:02 p.m. with all council members
present.
Mayor Silvia and Mayor Pro Tem Massey along with A &M Consolidated High School
Principal Crissy Hester, Ann Ganter and Mark Chaloupka presented certificates of
achievement to several A &M Consolidated High School Students recently honored in the
2003 National Merit Program.
Mayor Silvia presented Fiscal Services Director Charles Cryan with a recognition plaque
for Excellence in Financial Reporting for the FY 01 Comprehensive Annual Financial
Report. Fiscal Services Director Charles Cryan presented Phillip Guillen, the city's
Investment Officer, for receiving the award for financial reporting achievement by the
Government Finance Officers Association.
Council Meeting 11/21/2002 6
City Manager Tom Brymer recognized key employees instrumental in a successful
United Way Fundraising Campaign.
No one came forward to speak under Hear Visitors.
Consent Agenda
11.1 Discussion and possible action on the minutes for City Council workshop and
regular meeting, October 10, 2002.
City Manager Brymer explained that staff recommended council adopt the minutes of the
October 10, 2002 meeting with the clarification that the double check valve system to
lawn irrigation systems. Mayor Pro Tem Massey made a motion to approve the minutes
as amended. Motion seconded by Council member Happ, which carried unanimously 7 -0.
FOR: Silvia, Massey, Maloney, Garner, Mears, Happ, Hazen
AGAINST: None
11.2 Bid No. 03 -07: Approved by common consent the purchase of a roll off container
haul truck with Lone Star Truck Center in the amount $102,296.00.
11.3 Bid No. 03 -16: Discussion and possible action on the rejection of five (5) bids
received for the Wolf Pen Creek Marquee Sign Project, WP -0200.
Director of Public Works Mark Smith stated that the staff recommendation to council
was to reject the bids received on this project. Mr. Smith explained the scenario that the
low bidder made a math error in the bid and as a result this particular bidder was no
longer the low bid. In response to council's questions, the standard city policy is that the
city will correct the math errors and that the corrected number will be the standing bid.
Council member Maloney moved to deny the staff recommendation and grant the award
of contract (base bid plus alternate 1 for a contract amount of $106,100.81) to Mark
Dudley Construction as lowest bidder per city policy. Seconded by Mayor Pro Tem
Massey, which carried unanimously, 7 -0.
FOR: Silvia, Massey, Mears, Happ, Hazen, Maloney
AGAINST: None
11.4 Bid No. 03 -17: Approved by common consent the award of bid to Jefferson Pilot
Financial Insurance Company for employee life and accidental death (AD &D)
insurance.
11.5 Bid No. 03 -23: Approved by common consent the rejection of bids for Bid No.
03 -11 and the purchase of two (2) Brush Trucks from Houston Freightliner in the
amount of $168,696.00.
11.6 Bid No. 03 -26: Approved by common the rejection of bids for fence
improvements to the six (6) youth baseball fields located in Southwood Athletic
Park.
40
Council Meeting 11/21/2002 7
11.7 Discussion and possible action on a resolution of the City Council of the City of
College Station, Texas, authorizing and ratifying an amendment to Resolution No.
7 -1- 2002 -11.05 previously authorized by College Station City Council.
Council member Hazen moved approval of Resolution No. 11 - 2002 - 11.7 authorizing
an amendment to Resolution No. 7 -1- 2002 -11.05 related to Council member Happ
seconded the motion which carried unanimously, 7 -0.
FOR: Silvia, Massey, Garner, Hazen, Maloney, Mears, Happ
AGAINST: None
11.8 Approved by common consent the contract for services with the Brazos Valley
Convention and Visitors Bureau.
11.9 Approved by common consent Resolution No. 11 - 2002 - 11.9 of the City of
College Station, Texas, determining a public necessity to acquire a fee simple
interest in certain property; giving notice of an official determination to acquire a
portion of the property for the Dartmouth Drive Extension Phase II Project; and
establishing procedures for the acquisition of a fee simple interest in property.
11.10 Approved by common consent the purchase of real property needed for street
right -of -way and authorizing the Mayor to execute the Real Estate Contract to
effect the conveyance for the Longmire Drive Extension Project (from
Birmingham Drive to Graham Road). Council member Garner abstained.
11.11 Approved by common consent a Real Estate Contract between the City of College
pP Y
Station and Louise Marsh Reeves, individually and as Trustee of the Marsh
Reeves Trust, John Emory Marsh, Jr., Robert Emory Reeves, and Marsha Reeves
Duemke for greenway property generally located near the intersection of Greens
Prairie Road and Highway 6.
Mayor Pro Tem Massey moved to approve the real estate contract between the City of
College Station and Louis Marsh Reeves, individually, and as Trustee of the Marsh
Reeves Trust, John Emory Marsh, Jr., . Seconded by Council member Garner, which
carried by a vote of 5 -1 with one abstention.
FOR: Silvia, Massey, Garner, Mears, Happ
AGAINST: Hazen
ABSTAIN: Maloney
11.12 Approved by common consent the Preliminary Official Statement for the sale of
"City of College Station, Texas Certificates of Obligation, Series 2002A" and
"City of College Station, Texas Utility System Revenue Refunding Bonds, Series
2002" and selected underwriters for the issues.
11.13 Approved by common consent the renewal of the City's property insurance with
Texas Municipal League Intergovernmental Risk Pool for the third and final year.
411,
Council Meeting 11/21/2002 8
11.14 Approved by common consent the payment on the City's self - insurance retention
from its previous insurance (runoff claims) for property /casualty claims up to
$50,000 and for workers compensation claims up to $75,000.
11.15 Approved by common consent an Advance Funding Agreement with the Texas
Department of Transportation (TXDOT) for the adjustment and replacement of
ground boxes affected by the construction of sidewalks around the perimeter of
the main campus of Texas A &M University (TAMU) on George Bush Drive,
Wellborn Road, and University Drive.
11.16 Approved by common consent the approval and authorization for the Mayor to
execute the renewal of a utility easement located on the Texas A &M University
Systems property.
Consent Item No. 11.3 - Bid No. 3 -16: Discussion and possible action on the
rejection of five bids received for the Wolf Pen Creek on the rejection of five bids
received Wolf Pen Creek Marquee sign.
Director of Public Works Mark Smith stated that the staff recommendation to council
was to reject the bids received on this project. Mr. Smith explained the scenario that the
low bidder made a math error in the bid and as a result this particular bidder was no
longer the low bid. In response to council's questions, the standard city policy is that the
city will correct the math errors and that the corrected number will be the standing bid.
Council member Maloney moved to deny the staff recommendation and grant the award
of contract to Mark Dudley Construction as lowest bidder per city policy. Seconded by
Mayor Pro Tem Massey, which carried unanimously, 7 -0.
FOR: Silvia, Massey, Mears, Happ, Hazen, Maloney
AGAINST: None
Regular Item No. 12.1 - Presentation, discussion and possible action regarding the
appointment of members of a Citizen Advisory Committee for a new Capital
Improvements Program.
Director of Public Services Mark Smith made brief comments about the charge of the
committee and announced that the City is accepting applications from interested citizens
to serve on the ad hoc committee.
At the workshop meeting, the Council appointed Scott Mears as Chairman of the CIP
Committee and Winnie Garner as Vice Chairman.
Council decided to make appointments at the December 19, 2002 council meeting.
Regular Item No. 12.2 - Presentation, discussion and possible action on an ordinance
amending Chapter 10, Section 5 of the Code of Ordinances relating to "Junked
Vehicle Regulations."
Council Meeting 11/21/2002 9
C IO Fire Marshall Jon Mies explained this item. The ordinance mirrors the State Statute
covering junk vehicles and will enhance the enforceability of junk vehicle violations
within the city. This ordinance is related to Vision Statement No. 1 (Core Services) and
Strategy No. 3 (Proactive and effective code enforcement services).
Council member Hazen moved approval of Ordinance No. 2591 amending Chapter 10,
Section 5o of the Code of Ordinances relating to "Junked Motor Vehicles ". Motion
seconded by Council member Maloney, which carried unanimously, 7 -0.
FOR: Silvia, Massey, Maloney, Hazen, Mears, Happ, Garner
AGAINST: None
Regular Item No. 12.3 - Presentation, discussion, and possible action on an
ordinance amending Chapter 7, Section 1 of the Code of Ordinances relating to
"Stagnant Water, Trash, Grass, etc."
Fire Marshall Jon Mies explained this item. The amendment requires owners and
occupants to be notified of violations via regular mail service, and the appeal process to
the Zoning Board of Adjustment was removed. The compliance time was shortened from
ten days to seven days. The ordinance is related to Vision Statement No. 1 (Core
Services) and Strategy No. 3 (Proactive and effective code enforcement services).
Council member Happ moved approval of Ordinance No. 2592 amending Chapter 7,
Section 1 of the Code of Ordinances relating to "Stagnant Water, Trash, Grass, etc."
Council member Garner seconded the motion, which carried unanimously, 7 -0.
FOR: Silvia, Massey, Maloney, Happ, Garner, Mears, Hazen
AGAINST: None
Regular Item No. 12.4 - Presentation, discussion, and possible action regarding a
resolution to submit a grant application to the Texas Department of Transportation
for a Safe Routes to Schools Grant.
Greenways Program Manager Judy Downs explained the application for grant funds from
the Texas Department of Transportation for a Safe Routes to Schools program. Budgeted
monies available for the 20% match were $60,000 for signal modifications.
Assistant City Engineer Dale Picha described the project location at the A &M
Consolidated High School. Proposed improvements will be signal modifications, traffic
control devices, drainage, sidewalks, curbs, gutters and additional bike facilities. Total
project cost is estimated at $232,000.
This item was related to Vision Statement No. 2, Strategy No. 3, integration of the
community with a system of greenways and bikeways, and Vision Statement o. 3,
Strategy No. 3, generation of an intermodal transportation action plan.
Council Meeting 11/21/2002 10
Mayor Pro Tem Massey moved to approve Resolution No. 11 -21- 2002 -12.4 directing
staff to submit a grant application to the Texas Department of Transportation for a Safe
Routes to Schools Grant. Council member Maloney seconded the motion, which carried
unanimously, 7 -0.
FOR: Silvia, Massey, Maloney, Garner, Mears, Happ, Hazen
AGAINST: None
Regular Item No. 12.5 - Presentation, discussion and possible action appointing
additional members to the Council's Transportation Committee.
Mayor Pro Tem Massey moved to appoint Mayor Silvia and Council Member Hazen to
the Transportation Committee to expand the membership to five council members.
Motion seconded by Council member Mears, which carried unanimously, 7 -0.
FOR: Silvia, Massey, Maloney, Hazen, Mears, Happ, Garner
AGAINST: None
Mayor Silvia announced that the Council returned to executive session at 8:20 p.m.
Council concluded its executive session at 11:55 p.m. on Thursday, November 21, 2002.
They returned to the regular meeting. The following action was taken.
Council member Maloney made a motion to increase the City Manager's TMRS
retirement account by $6,000 effective November 1, 2002. Mayor Pro Tem Massey
seconded the motion, which carried unanimously, 7 -0.
Mayor Pro Tem Massey moved to adjourn the meeting at 12:01 a.m. on Friday,
November 22, 2002. Council member Happ seconded the motion. Motion carried
unanimously, 7 -0.
PASSED AND APPROVED this 23 day of January, 2003.
APPROVED:
Mayor on Silvia
ATTEST:
e inejatie
City Secretary Connie Hooks
Sign In
City Council Regular
November 21, 2002 - 7p.m.
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