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HomeMy WebLinkAbout05/08/2003 - Regular Minutes City Council e!J Mayor City Council Ron Silvia John Happ Mayor Pro Tempore Winnie Garner Near James Massey Scott Mears COLLEGE STATION City Manager Dennis Maloney Thomas E. Brymer Anne Hazen College Station, Embracing the Past, Exploring the Future MINUTES College Station City Council Workshop and Regular Meeting Thursday, May 8, 2003 at 3:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT:Mayor Silvia, Mayor Pro Tem Massey, Council members Hazen, Mears, Wareing, Maloney, Happ STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Director of Parks and Recreation Beachy, OTIS Director Burnside, Director of Development Services Templin Workshop Agenda Item No. 1: Discussion of consent agenda items listed for Regular Council Meeting. Discussion of condemnation affecting real property needed to install and maintain drainage improvements, public and pedestrian accessways, bicycle paths, and other public utilities associated with Bee Creek Channelization project. Laura Harris and Judy Downs from the Public Works Department answered questions from Councilmember Hazen about the widening and realignment of the Bee Creek channel. Workshop Agenda Item No. 2: Presentation, discussion and possible action regarding the revised W.A. Tarrow Park Corridor Master Plan. Director of Parks and Recreation Steve Beachy presented the master plan update that has been conducted over the past year. The Lincoln Center Advisory Committee, the Parks and Recreation Board, and The Planning and Zoning Commission approved the updated Master Plan. The plan established the following long term priorities: expansion of the multipurpose facility; additional parking; improvement of the play area; a new covered outdoor basketball court; and a water /playground area. Funds are already budgeted in the Community Development funds in the amount of $171,000 to begin design of Phase I. Assistant Director of Parks and Recreation Ric Ploeger commented that pending council consideration of this item, consideration of construction funds would be considered by Council in October, with possible completion of the project in late 04. No official action was taken. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 5/8/03 Page 2 Workshop Agenda Item No. 3: Presentation, discussion and possible action regarding the i so provision of effective technology and e- Government services. Olivia Burnside, Director of Information and Technology Services highlighted the implementation plan to include replacing the public safety system, updating the standard office package, replacing personal computing, and networking equipment as per policy. The plan also includes a revamp of the city's web site, online payment of utility bills and traffic citations. No official action was taken. Workshop Agenda Item No. 4: Presentation, discussion and possible action on the membership of the Design Review Board. Director of Development Services Kelly Templin explained this item. At the council meeting of March 13, 2003, Council discussed the membership of the DRB. Following the adoption of the Unified Development Ordinance at that meeting, Council wished to further consider the membership of the DRB with respect to the inclusion of stakeholders in design districts. Council discussed the composition of the membership. Of the seven, a minimum of two shall be stakeholders in the designated design districts Stakeholder definition: owns property, has a business venture, or resident No official action was taken. 4 10 Workshop Agenda Item No. 5: Presentation, discussion and possible action on the City engineering consultant's review of the wireless telecommunications ordinance. City Planner Lee Battle presented the consultant's review of the wireless telecommunications ordinance. The consultant recommended leaving the maximum height limit of wireless towers to 150 feet. The greater height would result in better coverage and serve as well as few towers. Staff recommended that the ordinance remain as it was adopted in the UDO with a maximum tower height of 150 feet. Consideration of this item was on the regular agenda. No official action was taken. Workshop Agenda Item No. 6: Council Calendars Chamber of Commerce trip to Washington D.C., 5/4 -8 Swearing In Ceremony, 5/7, 12:00 p.m., Council Chambers Children's Miracle Network & Chamber of Commerce Quarterly Membership Breakfast, 5/13, 6:45 -8:00 a.m., Hilton, Oakwood Room The Children's Museum Dedication, 5/15, 5:30 p.m., 111 East 27 Street Council Planning Retreat, 5/15 & 5/16 Veterans Park Dedication, 5/17 Joint Safety and Health Expo, 6/5, 10:00 a.m. -6:00 p.m. Wolf Pen Creek Trail Ceremony, 6/7 Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 5/8/03 Page 3 Workshop Agenda Item No. 7 -- Executive Session Mayor Silvia announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.072, 551.087 of the open meetings act to seek the advice of our attorney, to consider the purchase of real property, and to consider economic development negotiations. At 4:45 p.m. Council went into executive session. Consultation with Attorney {Gov't Code Section 551.0711; 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) tom, 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. Cause No. GN300714, Travis County — TMPA v. PUC and City of Bryan (intervention) 21. Case No. 03 -02- 00462 -CV, Court of Appeals —TMPA v. PUC (continued intervention) 22. Case No. 03 -02- 00701 -CV, Court of Appeals — TMPA v. PUC (continued intervention) 23. 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 24. Docket No. 25197, Public Utility Commission — College Station request to set rates. 25. Docket No. 25395, Public Utility Commission — College Station (intervention) 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) Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 5/8/03 Page 4 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- 002223 -CV -361, Brazos County — DeSantiago v. College Station 37. 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 38. Cause No. 03- 000617 -CV -272, Brazos County — TCA Holdings, et al. v. College Station 39. Discuss sewer problems at 5108 Bellerive Bend Real Estate {Gov't Code Section 551.072); 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. Bee Creek channelization drainage easement acquisition. b. Proposed sale of a portion of City Cemetery property located adjacent to Texas Avenue to TxDot for Texas Avenue widening. c. Easement acquisition for replacement easement of Highway 40 utility easements. Economic Development Negotiations {Gov't Code Section 551.087} 4 1 0 a. University Drive sewer project. Council returned to open session at 6:35 p.m. Regular Meeting Mayor Silvia opened the regular meeting at 7:05 p.m. He led the audience in the pledge of allegiance. Rev. Joe Dan Franklin provided the invocation. Motion made by Councilmember Hazen and motion seconded by Councilmember Mears to accept the absence requests for Councilmembers Massey and Maloney. Motion carried unanimously, 5 -0. Presentations: National Drinking Water Week/Water Utilities Awareness Week Employees of the Water Division came forward to accept the proclamation read by Mayor Silvia. Mayor Silvia along with Katie Elrod and Marsha Sanford presented Historic Home Plaque #70 to Mr. and Mrs. Carl Shafer. Mayor Silvia acknowledged the Fire Department for receiving the Texas Fire Chiefs Association Lone Star Achievement Award. No one spoke under Hear Visitors. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 5/8/03 Page 5 Consent Agenda 10.1: Approved by common consent the workshop and regular minutes for March 13, 2003. 10.2 - Renewal of Bid No. 02 -48: Approved by common consent the renewal of Bid #02 -48 for the purchase of crack sealant material and de -tack sealant from CRAFCO TEXAS, Inc. not to exceed $64,768. 10.3: Renewal of Bid No. 02 -54: Approved by common consent the first renewal of Bid #02 -54 for the purchase of cover stone trap rock from Vulcan Construction Materials, not to exceed $154,000. 10.4: Approved by common consent Change Order 1, not to exceed $50,000.00, for a professional service agreement with Joe Orr, Inc., for professional land surveyor services for the Parallel Water Transmission Pipeline Project located along FM 2818 from SH 21 to Villa Maria Street. 10.5: Approved by common consent Resolution No. 5 -8 -03 -10.5 for condemnation affecting real property needed to install and maintain drainage improvements, public and pedestrian access -ways, bicycle paths, and other public utilities associated with the Bee Creek Channelization project, and authorizing the mayor to execute the document. 10.6: Approved by common consent Resolution No. 5 -8 -03 -10.6 approving Notices of Sale, Preliminary Official Statements and related materials for the sale of "City of College Station, Texas General Obligation Bonds, Series 2003 ", "City of College Station, Texas Certificates of Obligation, Series 2003A ", and "City of College Station, Texas Utility System Revenue bonds, Series 2003A ", including selection of a date for opening bids. 10.7: Approved by common consent the sale of the City's interest in a strip of real property to the State of Texas for the widening of Texas Avenue in the amount of $50,406.00 and authorizing the Mayor to execute the Deed to effect the conveyance. 10.8: Approved by common consent Ordinance No. 2631 amending Chapter 10, "Traffic Code," Section 4E(3)(a) and 4E(3)(b) of the Code or Ordinances of the City of College Station prohibiting parking on certain streets. 10.9: Approved by common consent the purchase of a 2003 Pierce /Ford Contender rescue unit from Martin Apparatus Inc. in the amount of $107,334.00. Councilmember Happ moved to approve the consent agenda items. Motion seconded by Council member Hazen, which carried unanimously, 5 -0. Regular Agenda 11.1: Presentation, discussion and possible action on a resolution adopting the revised W.A.Tarrow Park Corridor Master Plan. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 5/8/03 Page 6 Director of Parks and Recreation Steve Beachy presented a brief summary of the proposed 4 00 resolution to adopt the revised W.A. Tarrow Park Corridor Master Plan. Discussion of this item was held at the workshop meeting. Council member Mears made a motion to approve Resolution No. 5 -8- 2003 -11.1 adopting the revised W.A. Tarrow Park Corridor Master Plan. Motion seconded by Council member Happ, which carried unanimously, 5 -0. FOR: Silvia, Mears, Hazen, Wareing, Happ AGAINST: None ABSENT: Maloney and Massey 11.2: Presentation, discussion and possible action on an ordinance adopting changes to the current wireless telecommunications ordinance. Council member Happ moved to take from the table. Motion seconded by Council member Hazen which carried unanimously 5 -0. Council member Hazen moved to approve Ordinance No. 2632 adopting changes to modify the current wireless telecommunications ordinance. Motion seconded by Councilmember Happ which carried unanimously, 5 -0. FOR: Silvia, Hazen, Happ, Wareing, Mears 410 AGAINST: None ABSENT: Maloney, Massey 11.3: Presentation, discussion and possible action on agreement with the Crowley Development Corporation to participate in the construction of a Texas Department of Transportation crossover at the intersection of Greens Prairie and future State Highway 40, aligning it with Decatur Drive. City Manager Brymer presented a summary of the participation agreement. Tim Crowley addressed the council and thanked the city staff for all their efforts in dealing with a challenging issue. Council member Mears made a motion to approve the agreement with Crowley Development corporation to participate in the construction of a Texas Department of Transportation crossover at the intersection of Greens Prairie Road and future SH 40. Motion seconded by Council member Hazen which carried unanimously, 5 -0. FOR: Silvia, Hazen, Mears, Wareing, Happ AGAINST: None ABSENT: Massey, Maloney Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 5/8/03 Page 7 12: Discussion, review and possible action regarding the following meetings: Brazos County Health Department, Brazos Animal Shelter, Brazos Valley Council of Governments, Bryan /College Station Economic Development Corporation, Capital Improvement Program Citizen Advisory Committee, Cemetery Committee, College Station Business Development Corporation, Facade Improvement Program Advisory Committee, Historic Preservation Committee, Intergovernmental Committee, Joint Relief Funding Review Committee, Library Committee, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU Student Senate, Transportation Committee, Wolf Pen Creek Oversight Committee, and Zoning Board of Adjustments. (See attached posted notices for subject matters) Council member Happ made positive comments about the Transportation Summit. He traveled to Washington, D.C. with the Chamber of Commerce to visit legislators about transportation, redistricting and other local economic issues, Council member Hazen made a report from the College Station Intergovernmental Committee with the CSISD officials. She noted that the City is going to create a safety group. Another issue discussed was the joint health insurance effort. Councilmember Mears reported that the German delegation had a great time visiting our community. Mayor Silvia reported that the Metropolitan Planning Organization met to conduct interviews for the Executive Director position. City Manager Brymer reported on the recent meeting of the Research Valley Partnership to consider an incentive proposal to work with technology areas within the TAMU Research Park. 13: Executive Session. Council completed the executive session at 6:35 p.m. prior to the regular meeting. Council member Happ made a motion to accept the settlement agreement with Mr. and Mrs. Trant and Grimes County. Motion seconded by Council member Mears which carried unanimously, 5 -0. FOR: Silvia, Hazen, Mears, Wareing, Happ AGAINST: None ABSENT: Massey, Maloney 15. Adjourn. Hearing no objections, the Council meeting was adjourned at 8:00 p.m. PASSED AND APPROVED this 24 day of July, 2003. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 5/8/03 Page 8 APPROVED: Mayor Ron Si via A " EST: City Secretary Connie Hooks 410 410 Providing Customer Service Excellence City of College Station College Station, Texas City of College Station Council Workshop Meeting MAY 8, 2003 ''` `/ Sign In Sheet COLLEGE STATION C i t y of C o l l e g e S t a t i o n 1. 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