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HomeMy WebLinkAbout01/23/2003 - Regular Minutes City CouncilMayor City Council Ron Silvia John Happ Mayor Pro Tempore Winnie Garner James Massey Scott Mears City Manager Dennis Maloney Thomas E. Brymer Anne Hazen CoUege SYrSiox, Embracing the Past, Exploring the Future MINUTES College Station City Council Workshop and Regular Meetings Thursday, January 23, 2003 at 3:00 p.m. and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Massey, Council members Garner, Happ, Hazen, Maloney, Mears _ STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Public Works Director Smith, Director of Development Services Templin Mayor Silvia called the workshop session to order at 3:04 p.m. with all council members present. Workshoa Aaenda Item No. 1-- Discussion of consent aEenda items listed for Re2ular Council Meetin2. No items were removed for discussion. Workshon Agenda Item No. 2-- Presentation, discussion and possible action reeardint! a status report on Brazos G Regional Water Planning Area activities, surface water issues. Brazos County Commissioner Tony Jones gave a status report on the Brazos G Regional Water Planning Area activities and surface water issues. Council members expressed support of the surface water activities and by common consensus agreed to consider a resolution to acknowledge their support. Also noted was Council's intent to have a joint resolution with the City of Bryan and Brazos County to enhance the support. Workshoq Asenda Item No. 3-- Presentation, discussion and uossible action on a Telecommunication Facility(s) Policv and urocedure for locating on Citv nropertv. Assistant City Manager Glenn Brown described the proposed policy and procedures. Some of the criteria listed below were explained: ❑ Compliance with all applicable local, state, and federal laws ❑ Placement totally at City's discretion ❑ Considered on a case-by-case basis ❑ Factors on determining dollar amounts of lease Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 1/23/03 Page 2 Council agreed with the terms established in the policy. Assistant City Manager Brown stated that the policy will be brought forward to the City Council on February 13. Council took a short break. Workshop Agenda Item No. 4-- Presentation, discussion and possible action relating to a future Charter Amendment Election in 2003. City Secretary Hooks and City Attorney Harvey Cargill, Jr., presented several provisions in the current City Charter that Council may consider for a Charter election in the fall. Council discussed the following areas: 1 Council consensus to propose terms of elected officials from 2 years to 3 years 2. Council consensus of term limits from three consecutive terms to two consecutive terms for a total of six consecutive years, to be staggered among the Council member places. 3. Council members engaged in a lengthy discussion regarding State Election Code age and residency requirements, issues of relative maturity and responsibility, the possibility of excluding the age 18-20 population, and methods of public input on the matter. The majority of the council consented to changing the age limit from 18-21. This item will be discussed during future consideration of all charter amendments 4. The majority of the Council did not favor the suggestion of the Mayor appointing the Mayor Pro Tem position with approval by the City Council stated in the Charter. The current process will remain that provides the City Council make the appointment. 5. Delete the term requirement for City Secretary, City Judge and City Attorney Council did not favor the suggestion of a new section that the Mayor appoints board and committee members. Council directed staff to add the selection process of board and committees on the next council retreat agenda. 6. Council discussed at length the conflict of interest provisions in the City Charter, particularly Section 131, as well as in Title 5, Chapter 171 of the Texas Statutes Local Government Code. Council directed City Attorney Cargill and City Secretary Hooks to draft a charter amendment which would preserve the rights of citizens without compromising ethics as it relates to Chapter 171 of the Local Government Code. Council members may discuss additional charter changes at the annual retreat. Staff will begin the revisions discussed today and return with the proposed language during the summer for a Charter election in November. Workshop Agenda Item No. 5-- Council Calendars Economic Outlook Conference, 1/28 Intergovernmental Meeting with CSISD, 1/31 Council Transportation Committee Meeting, 2/4 Hewlett Packard Business Appreciation Tour, 2/5 AMCC Institute, 2/7-9, Austin City Council Workshop and Regular Meetings, 2/13, 2/27 Citizen Committee Banquet, 3/21, CS Conference Center, 6:30 p.m.-9:00 p.m. Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Meeting 1/23/03 Page 3 Brazos Valley Transportation Summit, 5/2, George Bush Presidential Library and Conference Center Sister Cities, Spain, 2/14 and Germany, 4/10-21 Mayor Silvia noted that a Tex-21 meeting with the Texas Department of Transportation will be held on February 7, and a legislative vote meeting will be held on February 10. As requested by Mayor Silvia, Council agreed to extend a lunch invitation to the Bryan/College Station legislative delegation during the AMCC Institute conference in Austin. City Attorney Cargill asked Council to impress on the legislative delegation their support of Texas Municipal League priority bill #8 which would allow a quorum of a municipal governing body to meet with federal lawmakers, representatives of federal agencies, individual state legislators without first posting a public notice of the meeting. City Manager Brymer announced that the Making Cities Livable conference in Santa Fe will occur in April and will be added to the calendar. Workshop Item No. 6-- Executive Session will immediatelv follow the workshop meeting in the Administrative Conference Room. At 6:08 p.m. Mayor Silvia announced in open session that the City Council would convene into executive session pursuant to Sections 551.071, 551.072 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 and to consider economic development negotiations. Consultation with Attornev {Gov't Code Section 551.071 possible action The City Council may seek advice from its attorney regarding a pending and contemplated litigation subject or settlement offer or attorney-client privileged information. Litigation is an ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs to be discussed with the City Council. Upon occasion the City Council may need information from its attorney as to the status of a pending or contemplated litigation subject or settlement offer or 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: l. 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. 98-11815, Travis County - Texas-New Mexico Power Co. v. PUC (intervention) 9. Cause No. 97-12392, Travis County - Central Power & Light Co. v. PUC (intervention) 10. Cause No. 97-12405, Travis County - Bryan v. PUC (intervention) 11. Cause No. 97-12401, Travis County - TMPA v. PUC (intervention) 12. Cause No. 97-12402, Travis County - San Antonio v. PUC (intervention) 13. Cause No. 97-10792, Travis County - TMPA v. PUC (intervention) 14. Cause No. GN002343, Travis County - San Antonio v. PUC (intervention) Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Meeting 1/23/03 Page 4 15. Cause No. GN002513, Travis County - San Antonio v. PUC (intervention) 16. Cause No. GN000152, Travis County - TMPA v. PUC (intervention) 17. Cause No. GN200090; Travis County - Reliant Energy v. Big Country Electric Coop, et al. 18. Cause No. GN200100, Travis County - San Antonio, etc. v. Brazos Electric Power Coop, et al. 19. Cause No. GN200685, Travis County - TMPA v. PUC and City of Bryan (intervention) 20. Case No. 03-02-00462-CV, Court of Appeals -TMPA v. PUC (continued intervention) 21. Docket Nos. TX96-2-000, TX96-2-001, TX96-2-002, TX96-2-003, TX96-2-004, TX96-2-005, TX96-2-006, TX96-2-007, FERC - College Station, applicant 22. Docket No. 25197, Public Utility Commission - College Station request to set rates. 23. Docket No. 25395, Public Utility Commission - College Station (intervention) 24. Docket No. 26950, Public Utility Commission - College Station (intervention) 25. Docket No. 25002, Public Utility Commission - PUC application to set 2002 wholesale rates 26. Docket No. 26950, Public Utility Commission - College Station (intervention) 27. PUC Project No. 25937 - PUC investigation into possible manipulation of ERCOT market (respondent) 28. PUC Project No. 21927 - College Station request to maintain current certification 29. PUC Project No. 25591 - 2001 electric utility earnings reports (respondent) 30. Cause No. 52,434-361, Brazos County - College Station v. Wolf Pen Creek, Ltd., et al. 31. Cause No. 28,765, Grimes County - Trant v. Grimes County, College Station and Bryan 32. Case No. G-02-108, U.S. District Court - Lester v. College Station and Piersall. 33. Cause No. 02-001292-CV-85, Brazos County - Municipal Drilling vs. College Station 34. Cause No. 02-001154-CV-85; Brazos County - Weisinger Water Well v. Municipal Drilling, Evergreen National Indemnity Company and College Station 35. Cause No. 02-001291-CV-361, Brazos County - Piersall v. College Station and Feldman 36. Cause No. 02-000247-CV-272, Brazos County - Dean Ranch v. Bayliss, et al. v. College Station and Contract Land Staff 37. Cause No. 02-002223-CV-361, Brazos County - DeSantiago v. College Station 38. 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 39. Seek advice regarding City's legal rights regarding Cox Cable. Real Estate {Gov't Code Section 551.0721; possible action The City Council may deliberate the purchase, exchange, lease or value of real property if deliberation in an open meeting would have a detrimental effect on the position of the City in negotiations with a third person. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. Condemnation of real property, Preston tract, for water transmission and distribution projects and public utility projects. Workshop Agenda Item No. 7-- Final action on Executive Session, if necessarv. Council recessed from executive session at 6:56 p.m. No action was taken. Regular Meeting Mayor Silvia opened the meeting at 7:02 p.m. with all council members present. He led the audience in the pledge of allegiance. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 1/23/03 Page 5 Mayor Silvia recognized employees from the College Station Public Utilities Department for their efforts to ensure that the Brazos Valley Rehab Center Christmas Tree had a Community Christmas Tree this year. Mayor Silvia and the Council recognized employees of the Aquatic Division for their excellence in programming and providing customer service. Vera Solis, Aquatics Supervisor acknowledged their efforts and announced that the group received the Cindy Hallaran Award by the Texas Public Pools Association. Mayor Silvia presented Neil Donovan of the Boys and Girls Club and members of the Keystone Club with recognition for their work at the Lincoln Center. The group will be presenting a Diversity Extravaganza on April 18 as their participation in a nation wide project. No one spoke under Hear Visitors. Consent A eg nda 9.1 Approved by common consent the minutes for City Council workshop and regular meeting, January 9, 2003, and workshop and regular meeting, November 21, 2002. 9.2 Bid No. 02-36 - Approved by common consent the purchase of 8,000 tons of bedding rock to be used at the Rock Prairie Road Landfill for the amount of $215,600 annually. 9.3 Bid No. 03-39 - Approved by common consent the award of contract to the following vendors for PVC Pipe and Fittings. Group I: PVC Fittings from Dealers Electrical Supply for $7,630.30, Group II: PVC Pipe from Ward Electric Supply for $75,855.00 Group III: Conduit from Dealers Electrical Supply for $9,950.00 9.4 Approved by common consent Ordinance No. 2605 amending Chapter 11, "Utilities" Section 4, "Electric Services", of the Code of Ordinances of the City of College Station, Texas by amending certain sections as set out in Exhibit A providing a severability clause; and providing an effective date. 9.5 Approved by common consent Resolution No. 1-23-03-9.5 for a Juvenile Accountability Grant resolution to approve application for "Decision Making" for first offenders. 9.6 Approved by common consent Resolution No. 1-23-03-9.6 that authorized the condemnation of real property, Preston tract, needed for water transmission and distribution projects as well as other public utility projects. 9.7 Approved by common consent the Bylaws for Tax Increment Reinvestment Zone # 15 Board of Directors. 9.8 Approved by common consent Ordinance No. 2606 amending the TXiJ Gas franchise agreement allowing for an increase in franchise fees from 3% to 4% for residential and commercial TXLJ Gas customers. Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Meeting 1/23/03 Page 6 9.9 Approved by common consent Ordinance No. 2607 accepting the third and final reading of a franchise agreement with Mini Dumpster for the collection, hauling, and disposal service for residential construction debris solid waste in roll-off Re ular A enda Reimlar A2enda Item No. 10.1 Public hearing, discussion and possible action on an ordinance rezonin2 Pebble Creek Phase 9-B located at 5301 St Andrews Drive from A-O Open A2ricultural to R-1 Sin2le-Familv Residential. Kelly Templin, Director of Development Services, described the subject tract and explained the request. Planning and Zoning Commission and staff recommended approval. Mayor Silvia opened the public hearing. No one spoke. He closed the public hearing. Council member Maloney moved to approve Ordinance No. 2608 rezoning Pebble Creek Phase 9B located at 5301 St. Andrews Drive from A-O Agricultural Open to R-1 Single Family Residential. Seconded by Mayor Pro Tem Massey, which carried unanimously, 7-0. FOR: Silvia, Massey, Maloney, Garner, Mears, Hazen, Happ AGAINST: None Re2ular ALrenda Item No. 10.2 Presentation, discussion and uossible action on a resolution aanrovin a construction contract for the Anderson Street Sidewalk Proiect Bid No. 03-24 Director of Public Works Mark Smith addressed this item. Staff recommended the award of contract to low bidder, R.M Dudley Construction. Mayor Silvia opened the public hearing. William Bassichus of 1501 Wolf Run spoke in opposition to the sidewalk area on Anderson Street adjacent to the Wolf Pen neighborhood. David Woodcock, 1511 Wolf Run, spokesperson for Wolfpen Village Homeowners Association opposed the installation of sidewalk adjacent to Wolfpen Village, from Park Place to George Bush. Matt Harrelson, representative for G Creek Construction, indicated that his firm was low bidder with the base bid and alternates. His company did not receive the addendums on the project. Mark Smith answered questions about the bid process and the staff's explanation for recommending the sidewalk locations. Council member Mears made a motion to not award the contract and instruct staff to rebid the project by removing the section on the east side of sidewalk between Park Place and George Bush. Seconded by Council member Happ. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 1/23/03 Page 7 Council member Happ made an alternate motion to reject the bids and directed staff to study the concept of sidewalks along Anderson and return to the City Council before a new proposal is released. Mayor Pro Tem Massey seconded the motion, which carried unanimously, 7-0. FOR: Silvia, Massey, Maloney, Hazen, Happ, Mears, Garner AGAINST: None Reeular Aaenda Item No. 11 Discussion, review and qossible action regardini! the following meetings. Brazos Countv Health Department. Brazos Animal Shelter. Brazos Vallev Council of Governments, Cemeterv Committee CIP Advisorv Committee. Co11eEe Station Business Development Coruoration. Economic Development Corporation, Faeade Improvement Program Advisorv Committee. Historic Preservation Committee. Intergovernmental Committee Joint Relief Fundine Review Committee, Librarv Committee, Planning and Zonini! Commission. Parks and Recreation Board, Sister Citv Association. TAMU Student Senate. Transuortation Committee Wolf Pen Creek Oversight Committee. Wolf Pen Creek Design Review Board. Zonint! Board of Adiustments Mayor Pro Tem Massey highlighted topics deliberated at the recent Intergovernmental Committee meeting with CSISD school officials. Staff presented an update on the Capital Projects, Planning Projects, Parks Projects, HoteUConference Project, and strategic planning process. Mr. Massey said that the Intergovernmental Committee with Bryan and the County will continue to monitor the legislative process. He also said that the committee is meeting with the health insurance consultant. Another topic discussed was the University Drive project. Council members met with the TAMU Student Senate on their responsibilities as citizens of the community. Council member Happ mentioned the support from Congressman John Carter on the High Speed Rail project. Council member Maloney also mentioned that he met with Congressman John Carter to discuss the High Speed Rail project. Mr. Maloney reported on the Economic Development Corporation meeting that included the announcement of the new logo for the community, "Research Valley" and the silouhette images approved by the Board. Council member Maloney reported on the discussion held at the Cemetery Committee. Due to the upcoming construction along Business 6, the entrance to the Cemetery will probably change to the back of the cemetery. Reaular Agenda Item No. 12 The Citv Council mav convene the executive session followin2 the reaular meetine to discuss matters aosted on the executive session a2enda for Januarv 23, 2003 Council concluded the executive session prior to the regular meeting. Reiular Avnda Item No.13 Final action on executive session if necessarv No action was taken. Providing Customer Service Excel[ence City of College Station College Station, Texas Council Meeting 1/23/03 Regular A2enda Item No.14 - Adiourn. Page 8 Council member Maloney made a motion to adjourn the meetings at 8:30 p.m. Motion seconded by Mayor Pro Tem Massey. PASSED AND APPROVED this v?qday of April, 2003. ATTEST: City Secretary Connie Hooks APPROVED: 1 \ Mayor on Silvia Providing Customer Service Excellence City of College Station College Station, Texas