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HomeMy WebLinkAbout01/09/2003 - Regular Minutes City CouncilMayor Ron Silvia Mayor Pro Tempore James Massey City Manager Tom Brymer City Council John Happ Winnie Gamer Scott Mears Dennis Maloney Anne Hazen College Stalion, Embracing the Past, Exploring th e Future Minutes College Station City Council Workshop Meeting and Regular Meeting Thursday, January 9, 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 Happ, Garner, Mears, Maloney, Hazen STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., Director of Development Services Templin, Budget and Strategic Planning Director Kersten, Director of Fiscal Services Cryan, City Planner Kee, Director of Public Works Smith, Transportation Planner Fogle, City Engineer McCully, Development Manager Ruiz, Assistant to the City Manager Alexander and Assistant City Secretary Casares Mayor Silvia called the workshop session to order at 3:05 p.m. Workshon Agenda Item No. 1-- Discussion of consent agenda Items listed for Regular Council Meeting. 10.01 - Director of Development Services Kelly Templin explained that on December 19, 2002 staff presented a conditional use permit for Fire Station #5. Staff failed to provide an ordinance for approval of the conditional use permit. Staff prepared the ordinance and has requested to amend the minutes to reflect the approval of Ordinance No. 2600. 10.03 - Council member Maloney expressed concern regarding a bid of $75,000 for property that has an assessed value of $198,700.00. Finance Director Charles Cryan explained the bid process. Workshop Aunda Item No. 2-- Presentation, discussion and qossible action on various topics from representatives of the College Station Indeqendent School District. Mayor Pro Tem Massey introduced the School District officials: Dr. Steve Johnson, Mr. Eddie Coulson and Mike Ball. Mr. Coulson noted that their projections show A&M Consolidated High School's enrollment could reach 2,500 students by 2007. The maximum capacity the school district desires for the high school campus is 2,500. Currently there are fewer than 2,200 students at the high school. Growth projections are based on a 2.5 percent annual increase in enrollment over the next five years. The district's student population has risen by 25 percent Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Minutes 1/9/03 Page 2 since 1993. Mr. Coulson noted if growth patterns stay on target, the district's five current elementary schools could be occupied within two years. Dr. Johnson remarked the school district is in the early stages of determining the need of a second high school. Mr. Ball provided a brief overview on the schools current property value, tax rate and state funding regarding student attendance. Workshop Agenda Item No. 3-- Presentation, discussion and possible action regarding the appointment of a Citizen Advisorv Committee for the 2003 Five-Year General Obli2ation Capital Improvements Program. Council member Mears and Garner presented a memo to the Council with sixteen proposed names that would complete the members for the 2003 College Station Citizens Advisory Committee. No formal action was taken. Council recessed at 4:13 p.m. for a short break and returned to the workshop meeting at 4:20 p.m. Work_shop Agenda Item No. 4-- Presentation, discussion and possible action regarding the 2003 Brazos Vallev Transportation Summit. Assistant City Manager Glenn Brown, Transportation Planner Ken Fogle and Assistant City Engineer/Traffic Dale Picha presented a brief overview of the proposed 2003 Brazos Valley Transportation Summit program. Following comments by council, staff was directed to change Brazos Express to the Heart of Texas Express Corridor, and invite the Regional County Judges as honorary guest. Also, Council agreed to "pathways to progress" for the 2003 Brazos Valley Regional Transportation Summit theme. Workshop Agenda Item No. 5-- Discussion, review and possible action regarding the followin2 meetings. Brazos County Health Department, Brazos Animal Shelter, Brazos Valley Council of Governments, Bryan/Collej!e Station Economic Development Corporation, Cemeterv Committee, College Station Business Development Corporation, FaCade Improvement Program Advisory Committee, Historic Preservation Committee, Intergovernmental Committee, Joint Relief Funding Review Committee, Librarv Committee, Metropolitan Planning Or2anization, Parks and Recreation Board, Planning and Zonin2 Commission, Sister City Association, TAMU Student Senate, Transportation Committee, Wolf Pen Creek Oversi2ht Committee, and Zoning Board of Adiustments. Council member Mears reported on the Sister Cities Association. The German delegation will be visiting the community April 10-21, 2003. Mayor Silvia remarked that the General Counsel of Spain would visit the Bryan-College Station on February 14, 2003. He proposed a luncheon and a tour of the city. Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Minutes 1/9/03 Page 3 Council member Happ noted that the Tex-21 meeting would be held in Austin on February 7, 2003. Also, he presented a brief overview of the transportation committee meeting regarding Brazos Transit District and Dean International Contract. After a brief discussion, Council directed staff to move the Committee Reports to the end of the regular agenda. Workshop Agenda Item No. 6-- Council Calendars City Council Workshop and Regular Meeting, 1/23/03 Transportation Committee, 1/7/03, 5:00 p.m. Intergovernmental Committee, 1/15/03, 12:00 p.m. AMCC Institute, 2/7-9, Austin TML Legislative Briefing, 2/10, Austin Council reviewed upcoming calendar of events. Agenda Item No. 7-- Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. At 5:22 p.m., Mayor Silvia announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.074 and 551.086 of the Open Meeting Act, to seek the advice of our attorney with respect to pending and contemplated litigation, to consider the appointment and evaluation of public officers and officers, and competitive matters. 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. 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. GN002343, Travis County - San Antonio v. PUC (intervention) 14. Cause No. GN002513, Travis County - San Antonio v. PUC (intervention) 15. Cause No. GN000152, Travis County - TMPA v. PUC (intervention) 16. Cause No. GN200090; Travis County - Reliant Energy v. Big Country Electric Coop, et al. 17. Cause No. GN200100, Travis County - San Antonio, etc. v. Brazos Electric Power Coop, et al. 18. Cause No. GN200685, Travis County - TMPA v. PUC and City of Bryan (intervention) 19. Case No. 03-02-00462-CV, Court of Appeals -TMPA v. PUC (continued intervention) 20. 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 21. Docket No. 25197, Public Utility Commission - College Station request to set rates. 22. Docket No. 25395, Public Utility Commission - College Station (intervention) 23. Docket No. 26950, Public Utility Commission - College Station (intervention) Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 1/9/03 Page 4 24. Docket No. 25002, Public Utility Commission - PUC application to set 2002 wholesale rates 25. PUC Project No. 25937 - PUC investigation into possible manipulation of ERCOT market (respondent) 26. PUC Project No. 21927 - College Station request to maintain current certification 27. PUC Project No. 25591 - 2001 electric utility earnings reports (respondent) 28. Cause No. 52,434-361, Brazos County - College Station v. Wolf Pen Creek, Ltd., et al. 29. Cause No. 28,765, Grimes County - Trant v. Grimes County, College Station and Bryan 30. Case No. G-02-108, U.S. District Court - Lester v. College Station and Piersall. 31. Cause No. 02-0012920-CV-85, Brazos County - Municipal Drilling vs. College Station 32. Cause No. 02-001154-CV-85; Brazos County - Weisinger Water Well v. Municipal Drilling, Evergreen National Indemnity Company and College Station 33. Cause No. 02-001291-CV-361, Brazos County - Piersall v. College Station and Feldman 34. Cause No. 02-000247-CV-272, Brazos County - Dean Ranch v. Bayliss, et al. v. College Station and Contract Land Staff 35. Cause No. 02-002223-CV-361, Brazos County - DeSantiago v. College Station 36. Seek advice regarding City's legal rights regarding Cox Cable. 37. Discussion of legal issues on a contract with Dean International Competitive Matters {Gov't Code Section 551.0861; possible action The City Council may deliberate, vote, or take final action on a competitive matter in closed session. The City Council must make a good faith determination, by majority vote of the City Council, that the matter is a Competitive Matter. A"Competitive Matter" is a utility-related matter that the City Council determines is related to the City of College Station's Electric Utility Competitive Activity, including commercial information, which if disclosed would give advantage to competitors or prospective competitors. The following is a general representation of the subject(s) to be considered as a competitive matter. l. Financial update of funds and balances in Public Utilities. Personnel {Gov't Code Section 551.0741; 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: l. Mayor and City Council Evaluation Workshop Agenda Item No. 8-- Final action on Executive Session, if necessarv. Council recessed from executive session at 6:30 p.m. No action was taken. Regular Meeting: Item No. 9 Mayor Silvia called the regular meeting to order at 7:00 p.m. He led the audience in the pledge of allegiance. Jeff Gardner from Worship Center Church provided the invocation. Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 1/9/03 Item No. 9.1: Hear Visitors: Page 5 Robert Barron, 2511Broadmoor in Bryan addressed the Council regarding the curbs along the medians on Texas Avenue. He suggested painting the curbs yellow from University Drive to Harvey Road to improve visibility at night. Consent Agenda 10.1 Discussion and possible action on the minutes for City Council workshop and regular meeting, December 19, 2002. Council approved the corrected minutes of December 19, 2002,to include Ordinance No. 2600, approving a conditional use permit for Fire Station #5. 10.2 Approved by common consent Resolution No. 1-9-2003-10.02 approving a construction contract for the University Drive Sidewalk Project. 10.3 Discussion and possible action on a resolution providing for the sale of property acquired by the County of Brazos at a delinquent tax sale. Council member Maloney moved to reject the bid of $75,000.00 and directed staff to take extra measures in advertising the tax sale. Motion seconded by Council member Hazen, which carried unanimously, 7-0. 10.4 Approved by common consent the second 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. 10.5 Approved by common consent the second 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 customer. 10.6 Discussion and possible action on a resolution supporting changes to the Constitution of the State of Texas and related legislation authorizing the State to issue debt for building of highways and roadways within the State. Council member Maloney moved to approve Resolution No. 1-9-2003-10.6. Motion seconded by Council member Happ, which carried unanimously, 7-0. 10.7 Approved by common consent an application for a license to encroach into a portion of a public utility easement within Lot 3R, Block 1, Bridle Gate Estates, Phase 1 more commonly known as 3805 Bridle Trail Court. 10.8 Approved by common consent the adoption of 2003 Council Meeting Calendar. Regular Agenda ReEular Agenda Item No. 11.1 Public hearing, discussion and possible action on a conditional use permit for use only at the Victorv United Pentecostal Church located at 1808-H Brothers Boulevard. Providing Customer Service Excel[ence Ciry of College Station College Station, Texas Council Minutes 1/9/03 Page 6 Director of Development Services Kelly Templin noted that the applicant requested a conditional use permit to operate a church at 1808-H Brothers Boulevard. The property is currently zoned as C-1 General Commercial and developed as a shopping center. The hours of operation for the church would be during non-peak times for the shopping center. Staff and the Planning and Zoning Commission recommended approval of this request. Rev. Keith Castleberry, 1704 Treehouse Trail, addressed the request. Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing. Council member Happ moved to approve Ordinance No. 2601 approving a conditional use permit for the use of Victory United Pentecostal Church located at 1808-H Brothers Boulevard. Motion seconded by Council member Hazen, which carried unanimously, 7-0. FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner AGAINST: None Regular Agenda Item No. 11.2 Public hearing, discussion and qossible action on a rezonin from R-3 Townhouse and A-O Auicultural Open to PDD-H Planned Development District - Housin2 for 16.316 acres of the Robert Stevenson Survev A-54 located 1/2 mile north of Greens Prairie Road, west of SH 6(02-225). Director of Development Services Kelly Templin remarked that the applicant is requesting the rezoning in order to establish a more innovative layout for townhouse development. The applicant is proposing a number of improvements as consideration for the rezoning, including common areas, pedestrian links and streetscape. Staff and the Planning and Zoning Commission recommended approval of this request. Wallace Phillips, the developer displayed conceptual drawings of the proposed project. Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing. Council member Garner moved to approve Ordinance No. 2602 rezoning 16.316 acres from R-3 Townhouse and A-O Agricultural Open to PDD-H Planned Development District-Housing. Motion seconded by Mayor Pro Tem Massey, which carried unanimously, 7-0. FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner AGAINST: None Regular Agenda Item No. 11.3 Presentation, discussion and possible action on a rezoning from A-O Agricultural Open to G1 General Commercial for 0.86 acres at 4081 SH 6, located between the Silk Stocking and Harlev Davidson. Director of Development Services Kelly Templin noted the subject property has frontage on Highway 6 and is bound on the north by A-O Development as commercial and on the south by Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Minutes 1/9/03 Page 7 undeveloped C-1. The City's Comprehensive Plan designates this area as regional retail; therefore the request is in compliance with the plan. Staff and the Planning and Zoning Commission recommended approval of this request. Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing. Council member Hazen moved to approve Ordinance No. 2603 rezoning 0.86 acres from A-O Agricultural Open to C-1 General Commercial unanimously, 7-0. Motion seconded by Mayor Pro Tem Massey, which carried unanimously, 7-0. FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner AGAINST: None Regular Agenda Item No. 11.4 Presentation, discussion and uossible action on a resolution for a proposed amendment to the College Station Code of Ordinances, Chapter 9, Section 8 M.2(b) to allow a reduction in the separation distance between curbing and sidewalks on local, residential streets. Assistant City Engineer Brett McCully informed the council that Section 8-M.2 (b) of the City's subdivision regulations require a minimum six foot buffer/green space between the back of curb and the inside edge of the sidewalk when the walk is not constructed immediately adjacent to the curb. The ordinance amendment would allow a reduction in the minimum width of the buffer/green space from six feet to four feet on local residential streets with right of way widths 50 feet wide. Mr. McCully noted that the amendment should be approved by ordinance, not by resolution as stated on the coversheet. Staff and the Planning and Zoning Commission recommended approval of this item. Mayor Pro Tem Massey moved to approve Ordinance No. 2604 amending the College Station Code of Ordinances to allow a reduction in the separation distance between curbing and sidewalks of four feet on local, residential streets. Motion seconded by Council member Garner, which carried unanimously, 7-0. FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner AGAINST: None Re2ular Agenda Item No. 11.5 Presentation, discussion and nossible action on a resolution authorizing the adoption of land development fee increases. Development Manager Ruiz remarked that the proposed develop-related fee schedule was developed to provide a reasonable rate of increase over current fee to get closer to full-cost recovery of services. The new fee schedule proposes to change the existing $600 flat fee to 0.5% of the total infrastructure costs with a minimum fee of $250.00. This sliding scale fee based on the infrastructure costs ties the actual fee to the amount of inspections services needed. Staff estimates the fees, as proposed, will recapture 35% of the City costs for development. Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Minutes 1/9/03 Page 8 Following further comments by council, Council member Mears moved to table this item. Motion seconded by Council member Hazen, which carried unanimously, 7-0. Council directed staff to consider cost recovery of services in intervals. In addition, staff was directed to show how costs are changing and possibly converting any set fee to a sliding scale fee base. This item will be discussed at a future workshop meeting. FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner AGAINST: None Regular AEenda Item No. 11.6 Presentation, discussion and possible action rei!arding the appointment of a Citizen Advisorv Committee for the 2003 Five-Year General Obligation Caqital Improvements Program. Director of Public Works Mark Smith remarked that at the Workshop Meeting Council members Mears and Garner proposed sixteen names to complete the membership of the 2003 College Station Citizens Advisory Committee. Council member Garner announced the names as submitted: Flora Huang Brookfiled Anita M. Davidson David F. Gardner Mary Ellen Hogan Laura Holmes Gregory s. Huchingson Edsel Jones Charles E. Lamb Mike Lane Billy G. Lay Carol Reynolds Charles Rognon David Scott Shirley J. Volk Joe Wallace Ward Wells Council member Maloney moved to appointment of citizens as presented to the 2003 CIP Advisory Committee. Motion seconded by Mayor Pro Tem Massey, which carried unanimously, 7-0. FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner AGAINST: None Regular Agenda Item 12 The Citv Council mav convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for January 9, 2003. Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Minutes 1/9/03 Page 9 At 8:12 p.m., Mayor Silvia announced that the City Council would reconvene into executive session pursuant to Sections 551.071, 551.074 and 551.086 of the Open Meeting Act, to seek the advice of our attorney with respect to pending and contemplated litigation, to consider the appointment and evaluation of public officers and officers, and competitive matters. Regular Agenda Item No. 14 Final action on executive session, if necessary. Council concluded its executive session at 10:20 p.m. They returned to open session. No action was taken. Regular Agenda Item No. 15 Adiourn. Hearing no objections, the meeting adjourned at 10:21 p.m. on Thursday, January 9, 2003. PASSED AND APPROVED this 23rd day of Januarv, 2003. APPROVED: Mayor on Silvia ATTEST: ~ City Secretary Connie Hooks Providing Customer Service Excellence Ciry of College Station College Station, Texas