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HomeMy WebLinkAbout03/13/2003 - 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 College Station, Embracing the Past, Exp[oring the Future MINUTES College Station City Council Workshop and Regular Meetings Thursday, March 13, 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 Ron Silvia, Mayor Pro Tem James Massey, Council members Anne Hazen, Dennis Maloney, Scott Mears, John Happ COUNCIL MEMBER ABSENT: Winnie Garner Mayor Silvia called the workshop meeting to order at 3:00 p.m. with Council member Garner absent. Workshop Agenda Item No. 1-- Discussion of consent a2enda items listed for Re2ular Council Meeting. No items were removed for discussion. Workshop Agenda Item No. 2-- Presentation, discussion and possible action on the Citv's FY 04 through FY 08 Financial Forecast. Budget and Strategic Planning Manager Jeff Kersten explained the financial forecast for the Debt Service Fund, Hotel/Motel Fund, Water Fund, Wastewater Fund, and Sanitation Fund. Staff made remarks about other factors that may impact the city's financial forecast, such as homeland security cost impacts to local government, decisions by the state legislature, sales tax, and different types of insurance. Comments made by Council related to continuation of the core services as a high priority and continued support of staff and service levels. No official action was taken. Workshop A2enda Item No. 3-- Presentation, discussion and possible action regarding effective communications through televising. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 3/13/03 Page 2 Assistant City Manager Glenn Brown presented this item and recapped options from past discussions. Budget and Strategic Planning Manager Jeff Kersten stated that the FY 04 budget included in- house televising equipment and staffing. Council agreed to keep this item in the proposed budget. It was pointed out that the new Public Communications and Marketing Manager should have experience with video productions and related skills. Workshop Agenda Item No. 4-- Presentation, discussion and possible action on a College Station Public Librarv Status Report. Assistant City Manager Glenn Brown and Communications Manager Charlie Shear presented a status report on the College Station Public Library. Council members expressed comments about receiving the Advisory Board's feedback on the status report. Other comments related to the priority of serving the citizens of the community. No official action was taken. Council took a short break at 4:30 p.m. and returned to the meeting at 4:40 p.m. Workshop Agenda Item No. 5-- Presentation, discussion and possible action on traffic issues and programs in Colleu Station. Dale Picha, the city's traffic engineer, discussed traffic issues and traffic programs in the City. He referred to several city council adopted plans that guide operations such as the Comprehensive Thoroughfare Plan, Bikeway and Pedestrian Master Plan, Land Use Plan, Greenways Master Plan, Sidewalk Master Plan and Design Standards. Questions were asked by council about monitoring the problem areas and traffic movement in particular areas of the City. Staff responded that problems are addressed in a reactive mode and discussed by ongoing meetings of the City's Transportation Committee. Council members asked staff to look into the connectivity problems that occur at the intersection of FM 2818/Longmire, FM 2818/Welsh, FM 2818/Rio Grande and Highway 30. Also council asked staff to look at connectivity issues to Veteran's Park from the Bypass and parking regulations along Valley View at FM 2818. Workshop Aunda Item No. 6-- Council Calendars Council Transportation Committee Mtg, 3/11, Adm. Conference Room, 6:00 p.m. City Council Workshop and Regular Meetings, 3/27, 4/10 Region X Mtg., 3/12, City of Smithville Intergovernmental Committee Meeting, 3/17, Noon, Brazos County, HTRI Business Appreciation Tour, 3/20, 10:00 a.m. - 12:00 p.m. Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Meeting 3/13/03 Page 3 Citizen Committee Banquet, 3/21, CS Conference Center, 6:30 -9:00 p.m. Intergovernmental Committee Meeting, 4/21, Noon, College Station Don't Mess with Texas Trash-off Day, 3/22 Health for All Luncheon, 3/28, 11:30 a.m.-1:00 p.m., Hilton Battle of the Bands, 3/29, 4:00 p.m.-8:00 p.m., Palace Theatre Intergovernmental Meeting w/CSISD, 4/25, 12:00 p.m. Brazos Valley Regional Transportation Summit, 5/2, George Bush Presidential Library and Conference Center Chamber of Commerce trip to Washington D.C., 5/4-8 Council concluded the workshop session at 5:35 p.m. Mayor Silvia announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.072, 551.074, 551.086, and 551.087 of the Open Meetings Act, to Seek the advice of the City Attorney, to consider the purchase of real property, the evaluation of a public officer, economic development negotiations, and competitive matters. 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: The City Council may consider pending and contemplated litigation subjects. The following subjects 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. 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) 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) Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 3/13/03 Page 4 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. 40. Discussion of legal obligations and rights regarding an encroachment to city property at 2305 Kendal Green. 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. For the purchase of real property, for the extension of Barron Road, located near Highway 6 across from Cypress Meadow Subdivision. 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: a. City Council Evaluation Competitive Matter {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 Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 3/13/03 Page 5 advantage to competitors or prospective competitors. The following is a general representation of the subject(s) to be considered as a competitive matter. a. Marketing Plans and Strategy for College Station Electric Utilities Economic Incentive Negotiations {Gov't Code Section 551.0871; 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: a. The proposed city conference center and associated privately developed hotel. Council recessed from the executive session at 6:54 p.m. and returned to the regular meeting. Mayor Silvia called the regular meeting to order at 7:01 p.m. with all council members present except Council member Garner. He led the audience in the pledge of allegiance. City Manager Tom Brymer provided the invocation. Mayor Silvia presented a proclamation for "Don't Mess with Texas Trash-Off Day" to Lori Tankserley Glenn and Joyce Nyes from Keep Texas Beautiful. Councilman Hazen moved to approve the request for absence from Winnie Garner. Motion seconded by Mayor Pro Tem Massey, which carried unanimously, 6-0. Sherman Click of 9202 Windy Court spoke to the Council regarding a provision in the Building Code on the requirement of a single cylinder deadbolt lock. He asked the City to consider an amendment to the Code that would allow for double cylinder deadbolt locks. Consent A eg nda 10.1 Approved by common consent the minutes for City Council Special meeting, February 7, 2003, workshop and regular meeting, October 24, 2002 and February 27, 2003. 10.2 Bid No. 03-47: Approved by common consent Resolution No. 3-13-2003-10.2 approving a construction contract for Electric System Improvements to Texas Electric Utility Construction in the amount of $151,510.19. 10.3 Bid No. 03-50: Approved by common consent on the purchase of street signs and materials for a total award of $84,381.20. 10.4 Contract 03-066: Approved by common consent Resolution No. 3-13-2003-10.4 approving a consultant contract for professional services necessary to achieve regulatory compliance with the Bioterrorism Response Act to be performed by Malcolm Pirnie, Inc. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 3/13/03 Page 6 10.5 Approved by common consent to obligate an additional $75,000 to Texas Municipal League Intergovernmental Risk Pool for the City's run off claims for workers compensation. 10.6 Approved by common consent the purchase of real properiy needed for Barron Road in the amount of $115,000 (plus closing costs) and authorizing the Mayor to execute the Real Estate Contract to effect the conveyance for the property. 10.7 Approved by common consent the interlocal agreement with the Brazos Valley Council of Governments for joint purchasing. 10.8 Approved by common consent on an extension and amendment to the Technical Services Agreement between the City of College Station and Crestline Hotels & Resorts, Inc. 10.9 Approved by common consent the first reading of a franchise agreement with Stericycle for the collection and disposal services for treated and untreated medical waste. 10.10 Approved by common consent Resolution No. 3-13-2003-10.10 supporting HB 1089, providing for authorization to charge a fee to provide facilities for disabled access. Council member Maloney moved to approve the consent agenda items as presented. Motion seconded by Council member Happ, which carried unanimously, 6-0. Regular Agenda Regular Agenda Item No. 11.1 Presentation, discussion and possible action receiving the Comprehensive Annual Financial Report for the fiscal vear endin2 September 30, 2002. Director of Fiscal Services Charles Cryan introduced Tom Wallis from Ingram, Wallis and Company who came forward to make a brief presentation about this year's financial audit. Staff recommended that Council accept the CAFR for fiscal year 2002 (including the audit letter signed by the external auditor). Mayor Silvia left the meeting at 7:16 p.m. Mayor Pro Tem Massey presided. Council member Hazen moved to accept the Comprehensive Annual Financial Report for fiscal year 2002. Motion seconded by Council member Happ, which carried by a vote of 6-0. Mayor Silvia returned to the meeting. FOR: Silvia, Massey, Maloney, Happ, Mears AGAINST: None ABSENT: Garner Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 3/13/03 Page 7 Reimlar Agenda Item No. 11.2 Public hearing, discussion and qossible action on an ordinance adopting the Unified Develonment Ordinance (UDO). Director of Development Services Kelly Templin introduced this item. This item was the second of two scheduled public hearings before the City Council on the UDO. The Planning & Zoning Commission (P&Z) unanimously recommended the adoption of the UDO on February 20, 2003. Staff recommended approval. Mayor Silvia opened the public hearing. Larry Haskins, 1700 George Bush Drive East, expressed comments about parking as a primary use in NG-2. Bo Miles, 341 Landsburg Lane, asked the city to consider removing the limitation of multi family units in Wolf Pen Creek. Mike Luther, 614 Welsh, displayed comments about the drainage issues in the Southside. Barbara Webb representing Clarke and Wyndham addressed several points regarding the Wolf Pen Creek Corridor: 1) modification of the proposed criteria to remove subjectivity, specifically in Section SA, 6-9 and 11; 2) DRB member composition to include TAC members to the Conference Center Oversight Committee, and 3) modification to the UDO so that previously passed specific land uses and building sizes are maintained within the district. Dock Burke, 502 West Dexter, CS discussed concerns about the infill development criteria in the UDO. Moe Mooti, 725A University Drive, discussed factors associated with NG-2 parking lot and the need to have parking available. Ali Kazerouni, 725B University Drive, also addressed the use of the "mud lot" parking lot in its current condition. Steve Arden, 311 Cecellia Loop, representing the business and land development forum, appreciated the efforts of the staff and endorsed the acceptance of the UDO. Glenn Schroeder, 1304 Autumnwood, CS, conveyed his support of the permitted use for parking in NG-2. Frank Hefrin from Stallworth Corporation addressed the Council about the use of parking in Northgate. Donald Jones, 804 Berry Creek, spoke against the elimination of the multi family use as a permitted use in the Wolf Pen Creek Corridor in the proposed UDO. Sherry Ellison, 2705 Brookway, spoke about the illumination lighting adjacent to residential areas. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 3/13/03 Page 8 Mayor Silvia closed the public hearing. Council comments were expressed on the issues raised by the audience. The suggestion was made to change the proposed ordinance to allow parking in the Northgate zoning districts as a conditional use. Another suggestion was made to increase the membership on the Design Review Board to seven members. Council recommended the drop off boxes and drive through facilities to be a conditional use instead of removing these types of facilities as stated in the proposed ordinance. Council member Happ moved to approve Ordinance No. 2617 adopting the Unified Development Ordinance with an effective date of June 13, 2003 as presented with P&Z recommendations made at their meetings of January 16 and February 6 and changing the parking in N-G 2 as a conditional use permit. Consideration of Article 8, Subdivision Regulations, will be brought forth at a future date. Council did not include in the motion the composition of the Design Review Board and the consideration of the drainage and storm water issues. Motion seconded by Council member Hazen. Motion carried unanimously, 6-0. FOR: Silvia, Massey, Hazen, Maloney, Happ, Mears AGAINST: None ABSENT: Garner Council recessed for a break. The council reconvened the meeting at 9:35 p.m. Regular Aeenda Item No. 11.3 --Public hearing, discussion and possible action on an ordinance adopting a Conditional Use Permit - Use Onlv for the expansion of a nightclub, Fox and Hound, located at 505 University Drive, Suite 307. Director of Development Services Kelly Templin explained this item. The applicant has proposed to expand the Night Club/Restaurant into the adjoining 1500 square foot space currently occupied by Rocky Mountains Subs. Staff recommended approval of the Conditional Use Permit. Clint Schroff of Clarke and Wyndam representing the applicant spoke in favor of the request. Mayor Silvia opened the public hearing. No one spoke. He closed the public hearing. Council member Mears moved approval of Ordinance No. 2618 adopting a conditional use permit for the expansion of a nightclub located at 505 University Drive, Suite 307. Motion seconded by Council member Maloney, which carried by a vote of, 4-2. FOR: Mears. Maloney, Hazen, Happ AGAINST: Silvia, Massey Providing Customer Service Excel[ence City of College Station College Station, Texas Council Meeting 3/13/03 Page 9 Regular Agenda Item No. 11.4 Public hearing, discussion and possible action on an ordinance for a Conditional Use Permit-Use and Site for the Seventh Day Adventist Church located at 1350 Earl Rudder Freewav. Director of Development Services Kelly Templin explained the item. The applicant proposed to develop a fellowship building, classroom building, and worship center in two phases on five acres on the Earl Rudder Freeway frontage road. Staff recommended approval of the conditional use permit and site plan with Staff Review Comments No. 3 Mayor Silvia opened the public hearing. No one spoke. He closed the public hearing. Council member Happ moved to approve Ordinance No. 2619 for the conditional use permit and site for the Seventh Day Adventist Church located at 1350 Early Rudder Freeway. With comments by staff as presented. Mayor Pro Tem Massey seconded the motion, which carried unanimously, 6-0. FOR: Silvia, Massey, Maloney, Happ, Mears, Hazen AGAINST: None ABSENT: Garner Reiular A2enda Item No. 11.5 Presentation, discussion and possible action on a resolution containing a written policv regarding utilitv extension outside the city limits. Director of Development Services Kelly Templin addressed this item. Staff representing Development Services, College Station Utilities and the City Manager's Office formulated the written policy. It stated that utilities would not be provided outside the city limits except in certain cases as approved by Council. These cases could be: • for other governmental agencies through an inter-local agreement; • for the purpose of economic development; or • for health and safety reasons This policy is in line with the Council's adopted Comprehensive Plan goals and objectives for utility development. Motion made by Council member Maloney to approve as presented. Motion seconded by Mayor Pro Tem Massey, which carried unanimously, 6-0. FOR: Silvia, Massey, Maloney, Mears, Hazen, Happ AGAINST: None ABSENT: Garner At 10:05 p.m. Mayor Silvia announced that the City Council would reconvene into executive session pursuant to Sections 551.071, 551.072, 551.074, 551.086, and 551.087 of the Open Meetings Act to consider the advice of our City attorney with respect to pending and contemplated litigation, to consider the purchase of real properiy, the evaluation of a public officer, competitive matters and to consider economic development negotiations. Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Meeting 3/13/03 Page 10 Regular Agenda Item No. 11.6 Presentation, discussion and possible action on the appointment of Municipal Court Judges. Council returned from the executive session at 10:35 p.m. Council member Maloney made a motion to appoint the following individuals as Associate Municipal Court Judges. Motion seconded by Council member Mears, which carried unanimously, 6-0. George Boyett, Thomas White, Lisa Hubacek, Mike Calliham, Chad Jones FOR: Silvia, Massey, Mears, Happ, Maloney, Hazen AGAINST: None ABSENT: Garner Re2ular A2enda Item No. 12 Discussion, review and possible action re2ardin2 the following meetings. Brazos Countv Health Department, Brazos Animal Shelter, Brazos Vallev Council of Governments, Brvan/College Station Economic Develoument Corporation, Capital Improvement Program Citizen Advisorv Committee, Cemeterv Committee, College Station Business Development Corporation, Facade Improvement Program Advisorv Committee, Historic Preservation Committee, Intergovernmental Committee, Joint Relief Funding Review Committee, Librarv Committee, Metroqolitan Plannin Organization, Parks and Recreation Board, Planning and Zoning Commission, Sister Citv Association, TAMU Student Senate, Transportation Committee, Wolf Pen Creek Oversight Committee, and Zoning Board of Adiustments. Scott Mears reported on the first meeting of the Capital Improvement Advisory Committee. Mayor Silvia stated that the MPO Committee is looking at additional applicants for the Executive Director of the Metropolitan Planning Organization. John Happ reported on the Transportation Committee meeting held and discussed the Highway 40 Thoroughfare. He also indicated that the process for the Transportation Summit is underway. He reported on his trip to Austin as a member of the Tex 21. He also visited Washington, DC to meet with the Texas legislators to initiate grassroots efforts on transportation issues. Dennis Maloney reported on the EDC Board Meeting. He talked about the overall concept of a world class facility as a one stop shop for the Economic Development Corporation, Convention and Visitors Bureau, Sports Foundation, and Chamber of Commerce. Dennis also reported on the Board of Health meeting. The Board appointed Charles Williams to fill the position of Brazos County Medical Authority. Reimlar Amda Item No. 13 Executive Session Mayor Silvia announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.072, 551.074, 551.086, and 551.087 of the Open Meetings Act, to seek the advice of the City Attorney, to consider the purchase of real property, the evaluation of a public officer, economic development negotiations, and competitive matters. Council returned to executive session at 11:04 p.m. on Thursday, March 13, 2003. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 3/13/03 Page 11 Re2ular Aunda Item No. 14 Final action on executive session, if necessary. Council concluded its executive session at 1:05 a.m. on Friday, March 14, 2003. They returned to open session. No action was taken. Re2ular Agenda Item No. 15 Adiourn. Mayor Pro Tem Massey moved to adjourn the meetings at 1:05 a.m. Council member Mears seconded the motion, which carried unanimously, 5-0 with Council member Hazen and Garner absent. PASSED AND APPROVED this 27th day of March, 2003. APPROVED: May r Ron Silvia ATTEST: City Secretary Connie Hooks Providing Customer Service Excellence City of College Station College Station, Texas