HomeMy WebLinkAbout09/09/2003 - Regular Minutes City Council tve i
Mayor City Council
Ron Silvia James Massey
* * Mayor Pro Tempore John Happ
4 60
Anne Hazen Robert Wareing
1938 City Manager Scott Mears
9 Thomas E. Brymer Dennis Maloney
College Station, Embracing the Past,
Exploring the Future
Minutes
College Station City Council
Workshop and Regular Meetings
Tuesday, September 9, 2003 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Hazen, Council members
Massey, Happ, Mears, Maloney
COUNCIL MEMBERS ABSENT: Wareing
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney
Cargill Jr., City Secretary Hooks, Director of Public Works Smith, Director of Fiscal Services
Cryan, Budget and Strategic Planning Director Kersten, Director of Development Services
Templin, Assistant City Secretary Casares and Assistant to the City Manager Alexander.
Mayor Silvia called the meeting to order at 3:05 p.m.
Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular
Council Meeting.
11.12 — Discussion and possible action amending Ordinance No. 2659 providing for City Charter
amendments. Mayor Silvia pointed out that the signature line on the ordinance should state
Mayor not City Manager.
11.7 - Discussion and possible action on extending the bank depository agreement with First
American Bank for an additional year. Fiscal Services Director Charles Cryan described the cost
for the bank depository and other related services with First American Bank.
Workshop Agenda Item No. 2 -- Presentation, discussion and possible action to call a
public hearing for Wednesday, September 17, 2003 on an ad valorem tax rate of $0.4777
per $100 assessed valuation for fiscal year 2003 - 2004.
Budget and Strategic Planning Director Jeff Kersten noted the City Council previously acted on
the item at the August 19, 2003 budget workshop meeting: however an error in the newspaper
posting required this action be to re- advertised. A public hearing was scheduled for Wednesday,
September 17, 2003 at 7:00 p.m., and consideration of the tax rate was scheduled for Thursday,
September 25, 2003. The tax rate must be adopted by September 30, 2003.
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Council member Massey moved to call a public hearing on the tax rate of 0.4777 per $100
assessed valuation for Wednesday, September 17, 2003 at 7:00 p.m. in the Council Chambers at
the College Station City Hall, 1101 Texas Avenue; and direct staff to publish the Notice of
Public Hearing on the tax rate. Council member Mears seconded the motion, which carried by a
vote of 3 -1.
FOR Silvia, Mears, Massey
AGAINST: Hazen
ABSENT: Happ, Wareing, Maloney
Workshop Agenda Item No 3 -- Presentation, discussion and possible action on a draft
concept plan for the City Center and public information efforts related to the November 4,
2003 City of College Station General Obligation Bond Election.
Director of Development Services Kelly Templin presented an overview of a draft conceptual
plan for the City Center. The conceptual plan was intended to illustrate a municipal complex of
buildings, plazas, natural areas and Central Park linked together by trails, paths, public transit, a
road network and public art. The site was also intended to create a sense of identity for the City
and function as a destination for governmental functions and public recreation.
The first phase of the plan would include a new council chambers, meeting spaces and offices for
Parks and Recreation administrative function.
The City Center complex included developed properties including Central Park, The Police
Department Building, Complex, Public Works and the OTIS building. The long-term
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build out of the area have included other public entities.
Mr. Templin noted that the Dartmouth Street Extension Project has been designed and was ready
for the bid process.
Communication Director Becky Nugent presented the bond brochure and a calendar of upcoming
meetings pertaining to the November 4, 2003 election.
No formal action was taken.
Council member Maloney arrived at the workshop meeting at 3:20 p.m. and Council member
Happ arrived at the workshop meeting at 3:30 p.m.
Workshop Agenda Item No 4 -- Presentation, discussion and possible action on changes in
financial reporting as a result of Governmental Accounting Standards Board (GASB)
Statement No 34, Basic Financial Statements — and Management's Discussion and Analysis
for State and Local Governments, and other changes that are likely to affect governmental
financial reporting.
Fiscal Services Director Charles Cryan remarked that GASB was established as one of the
operating mechanisms of the Financial Accounting Foundation. GASB's mission was to
establish and improve standards of state and local governmental accounting and financial
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reporting. This resulted in useful information for users of financial reports to guide and educate
the public, including bond issuers and investors, auditors and other users of those financial
reports. Mr. Cryan summarized changes, and highlighted the important aspects of each change,
and illustrated how the changes will affect the City's financial statements as presented in the
CAFR.
Tom Wallis of Ingram, Wallis and Company described the Sarbanes -Oxley Act and continuing
changes that may affect the way municipal governments provide financial information in the
future.
No formal action was taken.
Council recessed at 4:55 p.m. for a short break and returned to the workshop meeting at 5:05
p.m.
Workshop Agenda Item No 5 -- Presentation, discussion and possible action regarding an
update from Dean International on the City of College Station's transportation agenda in
accordance with Dean International's scope of work under their contract with the City of
College Station.
David Dean and Stan Lynch of Dean International presented a status report on current projects
pertaining to TEA -21 Reauthorization Earmark, Third Annual Brazos Valley Regional Summit,
Texas High Speed Rail /Transportation Corporation, TEX -21 Legislative Session Update and the
Washington D.C. trip. Mr. Dean also presented a summary list of transportation related meetings
‘Nse from January-August 2003 and the supporting material endorsing the Texas High Speed
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Rail /Transportation Corporation.
Workshop Agenda Item No. 6 -- Discussion and possible action on future agenda items — A
Council Member may inquire about a subject for which notice has not been given. A
statement of specific factual information or the recitation of existing policy may be given.
Any deliberation shall be limited to a proposal to place the subject on an agenda for a
subsequent meeting.
This item was delayed until after the Regular meeting.
Workshop Agenda Item No 7 - Council Calendars
2003 Council Meeting dates
Council Planning Calendar as of September 5, 2003
September 8 Transportation Committee Meeting, 5:00 p.m. Admin. Conference Room
September 10 "Exploring College Station History" Lecture Series, 11:30 a.m., College Station
Conference Center
September 11 BVCOG 36 Annual Meeting, 6:30 p.m., The Brazos Center
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September 12 City of College Station /City of Bryan Joint Retreat, 8:00 a.m.
September 15 Intergovernmental Committee Meeting, 12:00 p.m., City of Bryan
September 16 Chamber of Commerce Board Meeting, 8:00 a.m. Chamber of Commerce
September 17 Research Valley Partnership Board of Directors Meeting, 3:00 p.m.
September 22 13 Annual Chamber of Commerce Golf Classic
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September 23 City Council Workshop and Regular Meetings
September 23 "Exploring College Station History" Lecture Series, 7:00 p.m., College Station
Conference Center
September 23 -25 Texas Association of Regional Councils Conference and Exhibition, Hilton
College Station & Conference Center
September 29 -30 & October 1, Trip to Washington D.C.
Workshop Agenda Item No 8 - Executive Session
At 5:48 p.m., Mayor Silvia announced in open session that the City Council would convene into
executive session pursuant to Sections 551.071, 551.072, 551.074 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, the evaluation of a public officer and to
consider economic development negotiations.
Cause No 43,098 -85, Brazos County - Bryan v. College Station
Cause No 96- 03168, Travis County - Bryan, et al. v. PUC (intervention)
Cause No. 97- 02587, Travis County - Bryan, et al. v. PUC (intervention)
Cause No 98- 13391, Travis County - Bryan, et al. v. PUC (intervention)
Cause No 96- 06940, Travis County - Bryan, et al. v. PUC (intervention)
Cause No 97- 07000, Travis County - TMPA v. PUC (intervention)
Cause No 98- 11817, Travis County - TMPA v. PUC (intervention)
Cause No 98- 11815, Travis County - Texas -New Mexico Power Co. v. PUC (intervention)
Cause No 97- 12392, Travis County - Central Power & Light Co. v. PUC (intervention)
Cause No 97- 12405, Travis County - Bryan v. PUC (intervention)
Cause No 97- 12401, Travis County - TMPA v. PUC (intervention)
Cause No 97- 12402, Travis County - San Antonio v. PUC (intervention)
Cause No 97- 10792, Travis County - TMPA v. PUC (intervention)
Cause No GN002343, Travis County - San Antonio v. PUC (intervention)
Cause No GN002513, Travis County - San Antonio v. PUC (intervention)
Cause No GN000152, Travis County - TMPA v. PUC (intervention)
Cause No GN200090; Travis County - Reliant Energy v. Big Country Electric Coop, et al.
Cause No GN200100, Travis County - San Antonio, etc. v. Brazos Electric Power Coop, et al.
Cause No GN200685, Travis County - TMPA v. PUC and City of Bryan (intervention)
Cause No GN300714, Travis County - TMPA v. PUC and City of Bryan (intervention)
Case No 03 -02- 00462 -CV, Court of Appeals -TMPA v. PUC (continued intervention)
Case No 03 -02 -00701 -CV, Court of Appeals - TMPA v. PUC (continued intervention)
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
Docket No 25197, Public Utility Commission - College Station request to set rates.
Docket No 25395, Public Utility Commission - College Station (intervention)
Docket No 26950, Public Utility Commission - College Station (intervention)
PUC Project No 25937 - PUC investigation into possible manipulation of ERCOT market (respondent)
PUC Project No 21927 - College Station request to maintain current certification
PUC Project No 25591 - 2001 electric utility earnings reports (respondent)
Cause No. 52,434 -361, Brazos County - College Station v. Wolf Pen Creek, Ltd., et al.
Case No. G -02 -108, U.S. District Court - Lester v. College Station and Piersall.
Cause No 02- 001154- CV -85; Brazos County - Municipal Drilling vs. College Station
Cause No 02- 001291 -CV -361, Brazos County - Piersall v. College Station and Feldman
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Cause No. 02- 002445 -CV -272, Brazos County — Evelyn L. Bruce v. College Station, C.D. Henderson,
‘00* Inc., and Scott Elliott, d/b /a Elliott Construction
Cause No 03- 000617 -CV -272, Brazos County — TCA Holdings, et al. v. College Station
Cause No 03 -CV- 129115, Fort Bend County — College Station v. Contract Land Staff, Inc.
TCEQ Docket No 2002 - 1147 -UCR; Applications of Brushy Water Supply and College Station
(Westside /Highway 60)
TCEQ Docket No 2003- 0544MWD, Application of Nantucket, Ltd.
TXU Lone Star Gas Rate Request.
Wellborn Special Utility District
McDougal Claim.
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:
1. Kapchinski Land Purchase
Personnel {Gov't Code Section 551.074 }; 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:
‘111, 1. City Council Evaluation
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:
1. Office Building/ Performing Arts Center/ Hotel Conference Center
Council members recessed from executive session at 6:45 p.m.
Regular Agenda
Mayor Silvia called the regular meeting to order at 7:00 p.m. Council members Mears provided
the invocation. Mayor Pro Tem Hazen moved to approve the absence request from Council
member Wareing. Council member Maloney seconded the motion, which carried unanimously,
6 -0.
Mayor Silvia presented the proclamation for Constitution Week to Helen Cluck and Jane Cohen,
Chapter Regent of the Daughters of the American Revolution.
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Mr. and Mrs. Davis, parents of city employee Don Davis, presented an American flag to the City
‘111re Council that was flown in Afghanistan for eleven days.
Regular Agenda Item No 10.1 - Hear Visitors
Mike Luther, Luther Street, addressed the City Council regarding the Southside /System A
Rehabilitation Project. Mr. Luther thanked city staff for their work on the project.
Christopher Foust, 1003 Walton Drive, addressed the City Council regarding sustainability.
Kenneth Bonnetti, 17155 Rock Prairie Road, addressed the council regarding a building permit
and the City Fire Code.
Consent Agenda
11.1 Approved by common consent the minutes for Special Council meeting, July 22, 2003
and Special Budget Workshop meeting, August 19, 2003.
11.2 Bid No 03 -90 — Approved by common consent an annual purchase agreement for
concrete meter boxes to Sims Plastics of Waco in the amount of $56,432.20.
11.3 Bid No 03 -104 — Discussion and possible action on a resolution approving a construction
contract for the Southside System A Rehabilitation Project to Brazos Valley Services in
the amount of $421,413.70. Maloney moved to approve Resolution No.09-09- 2003 -
11.03 approving a construction contract for the Southside System A Rehabilitation
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Project to Brazos Valley Services in the amount of $421,413.70. Council member
Massey seconded the motion, which carried unanimously, 6 -0.
FOR Silvia, Hazen, Massey Happ, Mears, Maloney
AGAINST: None
ABSENT: Wareing
11.4 Bid No 03 -105 — Approved by common consent an annual purchase agreement with
multiple vendors for various concrete and steel light poles for an annual estimated
expenditure of $331,020.00.
11.5 Bid No. 03 -109 — Approved by common consent the award of an annual price agreement
for crushed stone, Type A Grade 2 to Brazos Site Works in the amount not to exceed
$88,000.00.
11.6 Approved by common consent an exemption from competitive bidding for professional
legal services as allowed in LGC 252.022(a)(4) for professional services related to utility
litigation for Bickerstaff, Heath, Smiley, Pollan, Kever & McDaniel, L.L.P., for an
additional $100,000.00.
11.7 Approved by common consent extending the bank depository agreement with First
kik" American Bank for an additional year.
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11.8 Approved by common consent an Interlocal Agreement between the City of College
Station and Brazos County for Emergency Medical Services to County residents and set a
contract fee for which Brazos County will reimburse the City for Emergency Medical
Services provided, in the amount of $150,000.00 for fiscal year 2003 -2004.
11.9 Approved by common consent Change Order No 1 to a contract with Mitchell &
Morgan, L.L.P. for all items necessary to include the design of the City's Texas Avenue
Utility Relocation Project into the bid documents of the Texas Department of
Transportation Texas Avenue Widening Project, in the amount of $30,120.00.
11.10 Approved by common consent Ordinance No 2660 amending Chapter 11, "Utilities"
Section 2, "Water and Sewer 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.
11.11 Approved by common consent Resolution No 9 -9- 2003 -11.11 to increase Emergency
Medical Transport fees as set forth in Chapter 14, Section 1 and 3 of the Code of City
Ordinances of the City of College Station.
11.12 Approved by common consent Ordinance No 2661 providing for City Charter
amendments.
Regular Agenda Item No 12.1 -- Discussion and possible action on a resolution urging
citizens to vote at the City of College Station General Obligation Bond authorization
election called for November 4, 2003.
Fiscal Services Director Charles Cryan remarked that the proposed resolution urges the citizens
of the City of College Station, to exercise their right to vote on the various propositions in the
election called to authorize general obligation bonds.
Council member Maloney moved to approve Resolution No 9 -9- 2003 - 12.01 urging the citizens
of the City of College Station to exercise their right to vote on the various propositions in the
election called to authorize general obligation bonds. Council member Mears seconded the
motion, which carried unanimously, 6 -0.
FOR: Silvia, Hazen, Massey Happ, Mears, Maloney
AGAINST: None
ABSENT: Wareing
Agenda Item No 9 - Final action on Executive Session, if necessary.
City Attorney Harvey Cargill Jr., briefly described the Ercot and AEP agreements and
recommended approval. Council member Massey moved to approve the Ercot and AEP
agreements and authorize the Mayor to sign the agreements on behalf of the City of College
Station. Mayor Pro Tem Hazen seconded the motion, which carried unanimously, 6 -0.
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FOR: Silvia, Hazen, Massey Happ, Mears, Maloney
AGAINST: None
ABSENT. Wareing
Regular Agenda Item No. 12.2 -- Public hearing, discussion and possible action on an
ordinance amendment to the Unified Development Ordinance (UDO) to allow "Night
Clubs, Bars or Taverns" as a permitted uses in NG -1 Core Northgate and NG -2
Commercial Northgate.
Director of Development Services Kelly Templin noted that the proposed amendment to the Use
Table in Article 6 of the UDO would allow "Night Club or Tavern" as a permitted use in NG -1
and NG -2. Currently these uses are allowed in these districts only with a conditional use permit.
Mr. Templin explained that one of the stated goals of the revised Northgate Redevelopment
Implementation Plan was the redevelopment of Northgate as an "entertainment district." The
requirement for a conditional use permit for "Night Clubs, Bars or Taverns" has been described
as a hindrance to this goal and a barrier to redevelopment in Northgate. The Unified
Development Ordinance requires that a complete site plan accompany all applicants for
conditional use permit. Developers of affected uses have stated that the required investment in a
full site plan and architectural drawings, coupled with the uncertainty about the approval of a use
permit, effectively discourages land speculation and therefore the uses promulgated within the
Redevelopment Plan.
The Planning and Zoning Commission and staff recommended approval.
.
Mayor opened the public hearing. No one spoke. Mayor Silvia closed the public hearing.
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Council member Happ moved to approve Ordinance 2662 amending the Unified Development
Ordinance to allow "Night Clubs, Bars or Taverns" as a permitted uses in NG -1, Core Northgate
and NG2, Commercial Northgate zoning districts. Council member Maloney seconded the
motion, which carried unanimously, 6 -0.
The Planning and Zoning Commission and staff recommended approval.
FOR: Silvia, Hazen, Massey Happ, Mears, Maloney
AGAINST: None
ABSENT: Wareing
Regular Agenda Item No. 12.3 -- Public hearing, discussion and possible action on an
ordinance amendment to the Unified Development Ordinance (UDO) modifying the
dimensional standards in the Northgate District, Section 5.7 "Design District Dimensional
Standards."
Director of Development Services Templin remarked that the proposed modifications would
create a maximum setback from a right -of -way, delete the required front, side and rear setbacks
and the maximum height in Northgate would also be removed. A minimum height of 2 stories
and a minimum floor to area ratio (FAR) of 1 would also be added to NG -1 and NG -3 . The
modifications are being proposed in order to facilitate the urban atmosphere described in the
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recently adopted Northgate Redevelopment Plan. New development and redevelopment would
be constructed with a minimum of two stories and the structures will be built closer to the street.
The Planning and Zoning Commission and staff recommended approval.
Mayor Silvia opened the public hearing. No one spoke. Mayor closed the public hearing
Council member Maloney moved to approve Ordinance No 2663 amending the Unified
Development Ordinance modifying the dimensional standards in the Northgate Districts, Section
5/7 "Design. Mayor Pro Tem Hazen seconded the motion, which carried 6 -0.
FOR Silvia, Hazen, Massey Happ, Mears, Maloney
AGAINST: None
ABSENT: Wareing
Regular Agenda Item No. 12.4 -- Public hearing, discussion and possible action on an
ordinance amendment to the Unified Development Ordinance (UDO) modifying Section
7.4, regulations pertaining to permitted signs, handheld signs, attached signs, freestanding
signs, and signs for conditional and permitted uses.
Director of Development Services Kelly Templin noted that the proposed amendments would
regulate hand -held signs and make a number of clarifications to the language pertaining to Signs
in the Unified Development Ordinance. The proposed ordinance amendment will allow for only
on- premise hand held signs with time limitations. This amendment will still allow for this type
of signage but prohibit from the right-of-way and restrict them to private property. Mr. Temp lin
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reported that staff received direction from the Planning and Zoning Commission to make
corrections to the sign section of the Unified Development Ordinance. They are as follows:
• Section 7.4.0 summary of Permitted Signs:
- Add C -3 to the chart.
• Section 7.4.1.2 attached Signs
- Change to regulate attached signage based on building or lease space and not on
entire development site.
• Section 7.4.M.7.a and 7.4.M.b Freestanding Commercial Signs:
- Replace "major arterial street" with "major arterial street or higher"
• Section 7.4.T Signs for Conditional Uses:
- Add a provision allowing conditional uses in residential or agricultural zoning
districts to use Low Profile sign requirements.
- Add a provision allowing non - residential, permitted uses in residential or agricultural
zoning districts to use Low Profile sign requirements.
Mayor opened the public hearing. No one spoke. Mayor closed the public hearing.
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Council member Happ moved to approve Ordinance No. 2664 amending the Unified
Development Ordinance modifying Section 7.4 signs. Council member Maloney seconded the
motion, which carried unanimously, 6 -0.
FOR: Silvia, Hazen, Massey Happ, Mears, Maloney
AGAINST: None
ABSENT: Wareing
Council recessed at 8:04 p.m. for a short break and returned to the regular meeting at 8:15 p.m.
Regular Agenda Item No. 12.5 -- Discussion, review and possible action regarding the
following meetings: Brazos County Health Department, Brazos Animal Shelter, Brazos
Valley Council of Governments, 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, the Research
Valley Partnership, Transportation Committee, Wolf Pen Creek Oversight Committee and
Zoning board of Adjustments. (See attached posted notices for subject matters)
Council member Mears presented highlights of the Sister Cities Association meeting.
Council member Happ presented key points from the Transportation Committee Meeting.
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James Massey reminded the Council of the Joint Intergovernmental Retreat on Friday,
September 12, 2003.
Workshop Agenda Item No. 6 -- Discussion and possible action on future agenda items — A
Council Member may inquire about a subject for which notice has not been given. A
statement of specific factual information or the recitation of existing policy may be given.
Any deliberation shall be limited to a proposal to place the subject on an agenda for a
subsequent meeting.
No agenda items were submitted for future meetings.
Regular Agenda Item No. 13 -- The City Council may convene the executive session
following the regular meting to discuss matters posted on the executive session agenda for
September 9, 2003.
At 8:34 p.m., Mayor Silvia announced in open session that the City Council would reconvene
into executive session pursuant to Sections 551.071, 551.072, 551.074 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, the evaluation of a public officer and to
consider economic development negotiations.
kiime Regular Agenda Item No. 14 - -Final action on executive session, if necessary.
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Council returned to the regular meeting at 10:15 p.m. No action was taken.
Regular Agenda Item No. 15 -- Adjourn.
Hearing no objections, the meeting adjourned at 10:16 p.m. on Thrusday, September 9, 2003.
Passed and approved on this 23 day of October, 2003.
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APPROVED:
6W-z/__L4flt,
Mayor Ro Silvia
ATTEST:
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City Secretary Connie Hooks
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