HomeMy WebLinkAbout07/11/2002 - Regular Minutes City Council (-41 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, July 11, 2002 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCILMEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Massey, Council
members Maloney, Hazen, Garner, Mears, Happ
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney
Cargill, Jr., City Secretary Hooks, Director of Public Works Smith, Director of Parks and
Recreation Beachy, Public Communications and Marketing Manager Cole, Community
Development Administrator Brumley, Budget and Strategic Planning Director Kersten,
Community Development Project Coordinator Balmain
Mayor Silvia called the workshop session to order at 3:10 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 the
Community Development Division's Fiscal Year 2002 -2003 Action Plan and proposed
Annual Budget.
Community Development Administrator Randy Brumley presented the 2002 -2003 Action Plan
and proposed annual budget. The Action Plan was compiled to meet the federal housing
objectives. 1) to benefit low and moderate - income persons, 2) aid in the elimination of slum a
and blight influences, and 3) meet a particular urgent need. These goals were met through a
cooperative effort with the County, City of Bryan and social service agencies. The Housing
Development Plan provided a structure and framework for guidance in addressing housing issues
for low /moderate income and special needs populations.
Mr. Brumley discussed the FY 02 -03 Proposed Budget. The grant monies received for FY 02 -03
were $1,814,000. He described the administration allocation of monies for CDBG $244,000
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
Council Meeting 7/11/02 Page 2
(20% of grant) and HOME programs $59,400 (10% of grant). Staff recommended $183,000 of
monies available for Public Service agencies and $793,000 for other activities such as
demolition, code enforcement, and public facilities. The budget also proposed $534,000 for
Eligible HOME activities such as Home -Buyer Assistance programs, CHDO programs, and New
construction programs.
Council held extensive discussion about issues regarding code enforcement. Staff was directed
to provide a report of the code enforcement activities.
Council expressed comments about the beneficial impact of the social service programs in
assisting recipients and breaking the cycle of poverty. Mr. Brumley responded that the Health
Clinic, Barbara Bush Parent Center, Teen Apprenticeship Program are examples of success. City
Manager Brymer also noted that the discussion of the city becoming involved in human services
has been held in the past. If council wanted resources shifted to accommodate more human
service needs, this would require a new policy. Council asked for a copy of the needs
assessment study and ongoing information about meeting the targets established by the agencies.
Gary Balmain, Project Coordinator spoke about the variety of needs assessment studies that are
ongoing related to the poverty cycle.
Mr. Brumley highlighted the newly created website of community development services and
programs and other forms of communication.
Staff was directed to provide Council with a "summary sheet" of information that list services
provided by the City of College Station. Also requested was a copy of reports maintained by
the Consolidated Health Clinic.
City Manager Brymer discussed the allocation of funds for public facilities.
Parks and Recreation Director Steve Beachy remarked that there is a needs assessment study
being performed this summer related to the Lincoln Center expansion. The monies were
allocated in this year's budget.
The Community Development budget will be considered on the August 8 agenda. No action
was taken.
Workshop Agenda Item No. 3 -- Presentation, discussion and possible action regarding an
update from the Arts Council.
Jimmy Loup, President of the Arts Council made introductory comments about the successes of
the Arts Council. He appreciated the City Council's support of the Arts Council.
David Romei, Executive Director of the Arts Council presented an annual report on art projects
and upcoming events in College Station. He emphasized the need to move the Arts Council
offices.
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
Council Meeting 7/11/02 Page 3
Jim Singleton from Jim Singleton Architects presented a preliminary schematic design of a
multi -use facility proposed to be located at Wolf Pen Creek near the Amphitheater.
Remarks by council members related to the color of the building facade to correspond with the
amphitheater and parking access for senior citizens. Comments also related to overall parking
design. Council consented to the idea of having a facility in this area. Mr. Romei indicated an
urgency for this project due to the lease at the current location expiring in March 2003.
No action was taken.
Council recessed at 5:00 p.m. for a short break and returned at 5:05 p.m. to continue the
workshop meeting.
Workshop Agenda Item No. 4 -- Presentation, discussion and possible action regarding
possible topics of discussion for the Intergovernmental Committee.
Fire Services Related Topics and other areas of common concerns
Mayor Pro Tem Massey stated that the Intergovernmental Committee has an upcoming meeting
and he requested potential topics of discussion for the committee members (James, Winnie, and
Anne) to carry forward to the committee.
Issues of concern that were raised by council included:
1. Joint Fire Station
2. Educating student population
3. External governmental issues related to Habitat for Humanity
4. Establish Goals that incorporate priorities for the Brazos Valley
5. Upcoming legislative session issues
6. Status report on Brazos Valley Groundwater Conservation District
No action was taken.
Workshop Agenda Item No. 5 -- 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, and
TEX -21 trip to Washington D.C.
Council member Hazen reported that she serves on a committee for the BVCOG for the rural
public health needs assessment study and the United Way social services needs assessment
study.
Mayor Silvia reported that the Metropolitan Planning Organization Policy Committee has
received the 2003 Unified Planning Work program. Comments were received by the public
lkire about the proposed rail route in the Bryan city limits.
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
Council Meeting 7/11/02 Page 4
Workshop Agenda Item No. 6 -- Agenda Request by Councilmembers
Consider an agenda item on Cell Telephone Towers /City Property (Massey)
Mayor Pro Tem Massey explained that the issue of wireless telecommunication facilities has
been the topic of discussion and deliberation by the Planning and Zoning Commission on more
than one occasion. The P &Z Commission asked staff to discuss the issue of wireless
telecommunication facilities with Council.
Council member Maloney moved to place this item on a future workshop agenda. It was noted
that the staff should contact experts on this issue, as well as gather information from other cities
for additional information to present to council. Council member Garner seconded the motion,
which carried unanimously, 7 -0.
Workshop Agenda Item No. 7 -- Council Calendars
Council Pictures, Council Chambers, 7/11, 2:00 p.m.
City Council Workshop and Regular Meetings, 7/22, 8/8, & 8/22
Joint UDO Meeting, Council Chambers, 7/12, 8:30 a.m. — 12:30 p.m.
Intergovernmental Meeting, 7/17, 12:00 p.m. — 2:00 p.m., Administrative Conference Room
AMCC Conference, El Paso, 7/25 -7/27
Citizen Committee Orientation, 7/30 Council Chambers, 6:00 p.m. — 9:00 p.m.
Transportation Summit, Irving, Texas, 8/14 -8/16
Workshop Agenda Item No. 8 -- Executive Session
"e►
Mayor Silvia announced in open session that the City Council would convene into executive
session pursuant to Sections 551.071 and 551.087 of the Open Meetings Act, to seek the advice
of the city attorney 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 privilege 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, et al v PUC (intervention)
7. Cause No. 98- 11817, Travis County-TMPA, et al 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)
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
Council Meeting 7/11/02 Page 5
11. Cause No. 49,367 -CCL2, Brazos County- Wilkerson v. College Station
12. Cause No. 52,424 -361, Brazos County- College Station v. Wolf Pen Creek, Ltd., et al.
13. Cause No. 28,765, Grimes County- Harold & Rosealice Trant v. Grimes County, City of
College Station and City of Bryan
14. Cause No. 54,313 -272, Brazos County- Bradford C. Bindock and Damon K. Bindock v.
Thomas J. Brown, James Richter, Lee Ann Carpenter and Bryan Schwartz
15. Cause No. GN200090; Travis County- Reliant Entergy, Inc. v Big County Electric
Cooperative, Inc., et al.
16. Cause No. GN200100, Travis County -City of San Antonio, etc. v Brazos Electric Power
Cooperation, et al.
17. Cause No. G -02 -108, U.S. District Count- Catherine Lester v. College Station and Sonja
Piersall
18. Docket Nos. TX96 -2 -000 & TX96 -2 -001, FERC - College Station, applicant
19. Docket No. 25197, Public Utility Commission- College Station request to set rates
20. Docket No. 25395, Public Utility Commission- College Station (intervention)
21. Seek advice regarding City's legal rights regarding Duncan and Associates contract
22. Seek advice regarding City's legal rights regarding Cox Cable Franchise
23. TXU -Lone Star Gas Distribution
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
to 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:
1. The proposed city conference center and associated privately developed hotel.
Workshop Agenda Item No. 9 -- Final action on Executive Session, if necessary.
No action was taken.
Mayor Silvia called the regular meeting to order at 7:00 p.m.
Regular Meeting: Item No. 10
Mayor Silvia led the audience in the pledge of allegiance. Pastor Bruce Wood of Aldersgate
Methodist Church provided the invocation.
Mayor Silvia presented the proclamation for National Aquatics Week to Josh Haverland and
employees of the Junior Lifeguard Program.
410
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
Council Meeting 7/11/02 Page 6
Item No. 10.1: Hear Visitors
40 Jason Schubert, 706B Wellesley Court presented information about an upcoming workshop
sponsored by Interfaith Volunteer Network, entitled "Discovering Our Heritage through
Families" on July 27.
Consent Agenda
11.1 Approved by common consent the minutes for City Council workshop and regular
meeting, June 27, 2002.
11.2 Bid No. 01 -78 -- Approved by common consent the renewal of an annual price agreement
for concrete water meter boxes. Recommended renewal with International Hughes
Supply for an annual estimated expenditure of $94,837.50.
11.3 Bid No. 02 -44 -- Approved by common consent the cancellation of bid award to US
Transformer and award Time and Material Bid No. 02 -44 Transportation/Internal
Inspection and Rebuild of one (1) Three Phase Electrical Substation Transformer to
Sunbelt Transformer for $545,738.
11.4 Bid No. 02 -86 -- Approved by common consent an annual agreement for the purchase of
Steel Electrical Distribution Poles awarded to lowest, responsible bidder meeting
specifications, Techline, Inc. in the amount of $111,195.
11.5 Approved by common consent Resolution No. 7 - 11 - 02 - 11.5 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 Barron Road right -of -way project; and establishing procedures for the acquisition
of a fee simple interest in property.
11.6 Approved by common consent Resolution No. 7 - 11 - 02 - 11.6 of the City of College
Station for assignment of lien to new property owners and approval of a Subordination of
Lien on a previous Rental Rehabilitation Program project (Las Casitas Apartments)
located at 411, 414, 416 and 418 Stasney Street. Council member Garner abstained from
this item.
11.7 Approved by common consent the approval of the first amendment to the Development
Agreement and fourth amendment to the Reciprocal Operating Agreement between the
City of College Station and TAC Realty Inc. Council member Garner abstained from
this item.
Council member Hazen moved to approve the consent items. Seconded by Council member
Mears which carried unanimously. Council member Garner abstained from Items No. 11.6 and
11.7.
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
Council Meeting 7/11/02 Page 7
°Irr Regular Agenda
Regular Agenda Item No. 12.1 -- Public hearing, discussion and possible action on an
ordinance amendment for a rezoning of approximately 17.22 acres located along Arnold
Road from A -O, Agricultural Open to R -1, Single Family Residential.
Senior Planner Lee Battle explained the rezoning request. The rezoning was in compliance with
the land use plan. Arnold Road was recently improved and extended through the adjacent
development, Sun Meadows, to the edge of the subject property. Staff and Planning and Zoning
Commission recommended approval.
Questions were raised about the condition of Arnold Road and access to the subject property.
Mayor Silvia opened the public hearing.
Greg Taggart of Municipal Development Group, 2551A Texas Avenue South stated that the
developer had planned seventy -three lots. He stated that the developer has met with the adjacent
property owner for a paved access point to tie both pieces of property.
Mayor Silvia closed the public hearing.
Council member Garner made a motion to approve Ordinance No. 2565 rezoning approximately
rr► 17.22 acres located along Arnold Road from A -O Agricultural Open to R -1 Single Family
Residential. (02 -109).
Motion seconded by Council member Hazen. Further comments were raised about the lack of a
second access into the subdivision. Motion carried unanimously, 7 -0.
FOR: Silvia, Massey, Maloney, Hazen, Happ, Garner, Mears
AGAINST: None
Rick Floyd, 1102 Austin, stated that the Planning and Zoning Commission did not discuss the
access issue during the discussion of this item. He noted that when the platting phase is placed
before the P &Z for consideration, the access issues will be addressed.
Regular Agenda Item No. 12.2 -- Public hearing, discussion and possible action on an
ordinance amendment for a rezoning of approximately 7.76 acres located at 1855 Arnold
Road from A -O, Agricultural Open to R -1, Single Family Residential.
Senior Planner Lee Battle explained the item. Staff and Planning and Zoning Commission
recommended approval.
Mayor Silvia opened the public hearing.
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
Council Meeting 7/11/02 Page 8
The applicant, Ali Safi, 1922 Woodsman Drive commented that Schaffer Road and Arnold Road
were designated as minor collector streets.
Mayor Silvia closed the public hearing.
Council member Garner moved approval of Ordinance No. 2566 rezoning approximately 7.76
acres located at 1855 Arnold Road from A -O Agricultural Open to R -1, Single Family
Residential. (01 -267). Motion seconded by Council member Maloney, which carried
unanimously, 7 -0.
FOR: Silvia, Massey, Maloney, Garner, Happ, Mears, Hazen
AGAINST: None
Regular Agenda Item No. 12.3 -- Public hearing, discussion and possible action on an
ordinance rezoning 19.5 acres from R -1 Single Family and R &D Research and
Development to R -2 Duplex for the Edelweiss Gartens Venture (REZ) located Northeast of
Wellborn Road and southeast of Graham Road. (002- 00500093)
Senior Planner Lee Battle described the item. Staff recommended approval. He described the
property located adjacent to the north as M -2 and is developed with a mix of light industrial uses.
The applicant has an approved master development plan for Edelweiss Gartens, which included a
mix of single family homes and townhouses. The applicant would have to amend the master
development plan at the time of platting.
The Land Use Plan showed single family development in the area currently zoned R -1 and
industrial for areas currently zoned R &D. The proposed rezoning to R -2 is a minor deviation
from the Land Use Plan.
Comments were made regarding buffering requirements between the industrial and residential.
The zoning ordinance required a masonry wall where duplexes will be adjacent to single family
homes and a 6 ft. wooden fence that is adjacent to non - residential uses.
Mayor Silvia opened the public hearing.
Steve Arden, 311 Cecilia Loop spoke about the buffering transition between the industrial use
and Highway 40. Originally, the master plan included R &D. However, the industrial
development has not occurred since the master plan approval. Similarly, the R -2 would provide
a similar buffer transition.
Mayor Silvia closed the public hearing.
Senior Planner Lee Battle cited requirements from the buffer ordinance. He stated that the
industrial zoned property is undeveloped, then the stated that the buffer would be a 15 ft. buffer
and six foot wooden fence. In the case where the industrial has developed and the duplex
property is being developed, the only buffer requirement is a 6 ft. wooden fence.
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
Council Meeting 7/11/02 Page 9
Council member Happ moved to approve the rezoning ordinance as presented. Motion seconded
by Council member Mears.
Council members discussed the concerns related to buffer between industrial and residential.
Comments were made about the developer having an option to apply for another zoning use.
Council member Happ moved to amend the motion to deny the request and send back to P &Z
without prejudice to determine appropriate buffers for this area including Highway 40. Motion
seconded by Council member Mears, which carried unanimously, 7 -0.
FOR: Silvia, Happ, Massey, Maloney, Mears, Hazen, Garner
AGAINST: None
Regular Agenda Item No. 12.4 -- Public hearing, discussion and possible action on an
ordinance amendment for a rezoning of approximately 5.005 acres located at 7103 Rock
Prairie Road for the Steamatic of Brazos Valley from A -O, Agricultural Open, to C -1,
General Commercial.
This item was removed by the applicant.
Regular Agenda Item No. 12.5 -- Public hearing, discussion and possible action on a
resolution that authorizes the application and acceptance of the FY 2002 Local Law
Enforcement Block Grant in the amount of $19,550.
Mrr Police Major Mason Newton stated that the resolution was presented for the purpose of receiving
$19,550 in grant funds for the purchase of equipment and technology for the Police Department.
Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing.
Mayor Pro Tem Massey moved approval of Resolution No. 7 -11- 2002 -12.5 authorizing staff to
submit the application and acceptance of the FY 2002 Local Law Enforcement Block Grant
monies in the amount of $19,550. Council member Garner seconded the motion, which carried
unanimously, 7 -0.
FOR: Silvia, Massey, Mears, Garner, Happ, Hazen, Maloney
AGAINST: None
Regular Agenda Item No. 12.6 -- Presentation, discussion and possible action regarding an
ordinance directing staff to begin the preparation of a service plan, setting out public
hearing dates and a date to consider an ordinance for the annexation of certain properties.
City Planner Jane Kee stated that this item directed staff to begin the annexation proceedings
necessary for Council to consider annexing certain properties within the City's ETJ in the 2002
calendar year. The ordinance sets the public hearing dates as required by the Local Government
Code and establishes a date for consideration of annexation ordinance.
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas
Council Meeting 7/11/02 Page 10
Mayor Pro Tem Massey moved approval of Ordinance No. 2567 to set the public hearing dates
and annexation ordinance adoption. The following dates were designated for public hearings:
September 26 and October 2 in the City Hall Council Chambers.
Motion seconded by Council member Maloney, which carried unanimously, 7 -0.
FOR: Silvia, Massey, Mears, Garner, Maloney, Happ, Hazen
AGAINST: None
Regular Agenda Item No. 12.7 -- Presentation, discussion and possible action on review of
appointments to boards and committees served by City Council members and to consider
the appointment of a representative to the Brazos County Health Department Board of
Directors.
Council reviewed the list of members that serve on various committees.
Council discussed the creation of a new council committee to focus on transportation issues
within the City of College Station. This committee was comprised of Dennis Maloney, John
Happ and Winnie Garner.
Scott Mears shall serve on the Wolf Pen Creek Oversight Committee to replace Dennis Maloney.
John Happ shall serve on the City /School Intergovernmental Committee to replace Dennis
Maloney.
No action was taken on the Brazos County Health Department Board of Directors. This item
was delayed for two weeks.
Regular Agenda Item No. 13 -- Executive Session
Executive session concluded prior to the regular meeting.
Regular Agenda Item No. 14 -- Final action on executive session, if necessary.
No action was taken.
Regular Agenda Item No. 15 -- Adjourn
Hearing no objections, the meeting adjourned at 9:10 p.m. on Thursday, July 11, 2002.
PASSED AND APPROVED this 22 day of August, 2002.
ATTEST: APPROVED:
ity Secretary Connie Hooks Mayo on Silvia
Providing Customer Service Excellence
Office of the City Secretary
College Station, Texas