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Home My WebLink About02/13/2003 - 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 Station, Embracing the Past, Exploring th e Future Minutes College Station City Council Workshop Meeting and Regular Meeting Thursday, February 13, 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 Massey, Council members Happ, Maloney, Hazen, Mears, Garner STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Director of Development Services Templin, Budget and Strategic Planning Director Kersten, Director of Fiscal Services Cryan, Director of Public Works Smith, Senior Planner Battle, Transportation Planner Fogle, Director of Economic Development Foutz, Assistant to the City Manager Alexander, Assistant City Secretary Casares Mayor Silvia called the workshop session to order at 3:01 p.m. Workshoq Agenda Item No. 1-- Discussion of consent a2enda items listed for Re2ular Council Meetin2. Consent Agenda Item No. 9.3 Assistant City Manager Glenn Brown clarified the lease revenues located in the fund associated with the affected department on which the telecommunication facility resides. Council members agreed to change the wording to reflect public property placed in the appropriate fund as opposed to city department and annual reporting requirement placed in the policy. Consent Agenda Item No. 9.6 City Attorney Cargill Jr. remarked that this issue would be discussed in executive session. Workshop Agenda Item No. 2-- Presentation, tour and discussion of various Canital Improvements Proiects. At 3:18 p.m., Council members left City Hall for a tour of various Capital Improvements Projects. The tour featured proposed traffic signal locations, the George Bush Extension, Fire Station #1 Rehabilitation, Wolf Pen Creek Trails, Dartmouth Extension, Municipal Court Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 2/13/03 Page 2 Building, Elevated Storage Tank and the George Bush Widening Project. Council returned to City Hall at 5:05 p.m. Workshon A2enda Item No. 3-- Presentation, discussion and nossible action reearding sidewalks on Anderson Street. Director of Public Works Mark Smith provided information regarding discussions with the Wolf Pen Village HOA and safety issues related to a section of sidewalk located on the East side of Anderson Street between Park Place and George Bush Drive. Mr. Smith noted that staff recommends that the section of sidewalk be included in the Anderson Street Sidewalk Project. Following comments by council, staff was directed to include the section of sidewalk from Park Place to George Bush in the Anderson Street Sidewalk Project. Workshon A2enda Item No. 4-- Aunda Request Bv Council members. a. Presentation, discussion and possible action on Council member Dennis Maloney's request for two items to be added to future Council Agendas: a) update on Southside infrastructure study and b) discussion of the City of College Station 65th birthday celebration. Council directed staff to schedule these items on a future council agenda. Workshop Agenda Item No. 5-- Council Calendars AMCC Institute, 2/7-9, Austin TML Briefing, 2/ 10, Austin Sister Cities, Spain, 2/14 and Germany, 4/10-21 Intergovernmental Committee Meeting, 2/17, Noon, Bryan City Hall Bryan/College Station County Day at State Capitol, 2/26, Austin City Council Workshop and Regular Meetings, 2/27, 3/13 Intergovernmental Committee Meeting, 3/17, Noon, Brazos County, Citizen Committee Banquet, 3/21, CS Conference Center, 6:30 -9:00 p.m. Intergovernmental Committee Meeting, 4/21, Noon College Station Brazos Valley Regional Transportation Summitt, 5/2, George Bush Presidential Library and Conference Center Chamber of Commerce trip to Washington D.C., 5/4-8 Aunda Item No. 6--Executive Session will immediatelv follow the workshop meetini! in the Administrative Conference Room. At 5:44 p.m., Mayor Silvia announced in open session that the City Council would convene into executive session pursuant to Sections 551.071, 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, the evaluation of a Public Officer and to consider economic development negotiations. 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) Providing Customer Service Excellence City of College Station College Siation, Texas Council Minutes 2/13/03 Page 3 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) 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. 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. The proposed city conference center and associated privately developed hotel. Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 2/13/03 Page 4 Personnel {Gov't Code Section 551 074}ipossible 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: 1. City Secretary Annual Evaluation Workshon Agenda Item No. 7-- Final action on Executive Session, if necessarv. Council recessed from executive session at 7:00 p.m. No action was taken. Regular Meetin: Item No. 8 Mayor Silvia called the regular meeting to order at 7:03 p.m. He led the audience in the pledge of allegiance. City Manager Tom Brymer provided the invocation. Mayor Silvia presented the proclamation for National Engineers Week to Bob Mosley and Joe Schultz. Item No. 8.1: Hear Visitors: Michael Flipping, 1199 Haywood Drive, College Station, addressed the council regarding sewer rates for private dorms. He suggested three methods in setting rates. He proposed amending Ordinance 2422 setting new rates or grant a variance to bill his facility as commercial rather than multi-family. Consent A2enda 9.1 Approved by common consent the purchase of one (1) Motor Grader to be used by the Brazos Valley Solid Waste Management Agency in the amount of $128,160. 9.2 Approved by common consent Resolution No. 2-13-2003-9.2 ordering a general municipal election to be held on May 3, 2003 for the purpose of election Council Places 1, 3 and 5. This resolution also provides for a joint election to be held between the City of College Station and the College Station Independent School District. 9.3 Discussion and possible action on a Telecommunication Facilities policy and procedures for locating on City property. Mayor Pro Tem Massey moved to approve with changes to reflect public property placed in the appropriate fund as opposed to city department and annual reporting requirement sited in the policy. Motion seconded by Council member Happ, which carried unanimously 7-0. 9.4 Approved by common consent a contract with Geac Computers, Inc. for a software upgrade of the public safety computer aided dispatch (CAD) system and the Police records management system and associated services and training. Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 2/13/03 Page 5 9.5 Approved by common consent funds available for Electric Transmission wheeling and congestion charges for Year 2003. Total amount requested is $2,000,000. 9.6 Approved by common consent an exemption from competitive bidding for professional legal services as allowed in LGC 252.022(a)(4) for expenses related to Cox Communications cable television franchise renewal for Varnum, Riddering, Schmidt, and Howlett LPP for an estimated additional $100,000. 9.7 Approved by common consent calling a Public hearing for February 27, 2003 for Budget Amendment # 1 to the City of College Station 2002-2003 Budget authorizing an increase in appropriations of $641,354 in various funds. 9.8 Approved by common consent Resolution No. 2-13-2003-9.8 urging the Texas Congressional delegation to support providing funding for president Bush's $3.5 billion First Responder Initiative during the 108th session of Congress. Re2ular Agenda Regular Agenda Item No. 10.1 Public hearin, discussion and possible action on an ordinance to rezone for Associate Park subdivision, located at 1501 Associates Avenue rezoning from C-1 General Commercial to C-2 Commercial Industrial. Director of Development Services Kelly Templin noted the applicant is requesting the rezoning in order to develop the property as an office warehouse complex. He explained that Associates Avenue is located near the intersection of Highway 30 and the East Bypass, and is not classified on the Thoroughfare Plan. The C-2 type of business usually generates less traffic than C-1 General Commercial uses. The Land Use Plan and 30/60 Study support the rezoning, as does the existing natural buffer, access and location of the subject property. There was discussion regarding the floodplain area. The Planning and Zoning Commission and staff recommend approval of the rezoning. Mayor Silvia opened the public hearing. The following citizens addressed the Council regarding the rezoning. Bo Miles, 341 Landsburg Sherry Ellison, 2705 Brookway Drive Mayor Silvia closed the public hearing. Council member Happ moved approval of Ordinance No. 2610 rezoning 5.96 acres from C-1 General Commercial to C-2 Commercial Industrial located at 1501 Associates Avenue. Council member Mears seconded the motion, which carried by a vote of 7-0. FOR: Silvia, Massey, Happ, Garner, Mears, Maloney, Hazen AGAINST: None Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 2/13/03 Page 6 Regular Agenda Item No. 10.2 Public hearin2, discussion and possible action on ordinance for a Conditional Use Permit (Use Onlv) for the Brazos Communitv Church located at 700 Universitv Drive East, Suites #108 and #110. Director of Development Services Kelly Templin explained that the Brazos Community Church is requesting a re-approval of a Conditional Use Permit to continue the use of suite # 110, and to expand the facility into the neighboring suite #108 at the University Village Shopping Center. The church was granted a Conditional Use Permit for the use of suite #110 of the University Village Shopping Center on February 6, 2000 with a time limit of three years. The applicant contends that the church operation hours will be different than the existing tenants and thus, plenty of parking will be available. The Planning and Zoning Commission recommend approval of the Conditional Use Permit without a time limit. Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing Council member Garner moved approval of Ordinance No. 2611 approving a Conditional Use Permit for the Brazos Community Church. Council member Mears seconded the motion, which carried by a vote of 7-0. Mears FOR: Silvia, Massey, Happ, Garner, Mears, Maloney, Hazen AGAINST: None Re2ular Agenda Item No. 10.3 Public hearinE, discussion and possible action on an amendment to the Zoning Ordinances re2ardini! the regulation of wireless telecommunications facilities. Senior Planner Lee Battle presented an overview of the amendments to the zoning Ordinance regarding regulation of wireless telecommunications facilities. The proposed amendment modifies the Zoning Ordinance in three general areas: 1) Stealth facilities, 2) Application requirements, and 3) Siting requirements. The proposed ordinance amendment 1) removes A-O as an allowed zoning district, 2) requires a conditional use permit in M-2 districts and 3) reduces the maximum height to 100 feet. The amendment also adds that telecommunication facilities may be located on City-owned premises. Staff and the Planning and Zoning Commission recommend approval. Mayor Silvia opened the public hearing. The following citizens addressed the City Council regarding the proposed regulations. Mike Luther, 614 Welsh Avenue Chad Fry, 906 Wingfoot Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 2/13/03 Vance Swaggerty, 3007 Aztec Mayor Silvia closed the public hearing. Page 7 Council member Maloney recommended returning this item to the Planning and Zoning Commission for further review. Motion seconded by Mayor Pro Tem Massey. Council member Maloney modified his motion to return this item to the Planning and Zoning Commission for a proper hearing. Motion seconded by Mayor Pro Tem Massey. Following further comments by council and Rick Floyd, Chairman of the Planning and Zoning Commission, Council member Maloney moved to table this item. Motion seconded by Council member Mears, which carried by a vote of 7-0. FOR: Silvia, Massey, Happ, Garner, Mears, Maloney, Hazen AGAINST: None Regular Agenda Item No. 10.4 - Public hearing, discussion and uossible action on an ordinance to amend the citv's thorouWare nlan in the area bound bv Barron Road. State Hi2hwav 6, and the uroposed State Highwav 40. Director of Development Services Kelly Templin presented Regular Agenda Items 10.4 and 10.5 together. He described the propose amendments to the Thoroughfare Plan regarding the Crowley tract located on the northwest quadrant of the SH 6/Greens Prairie Road interchange and the Seaback tract located west of and adjacent to the Crowley tract. Mayor Silvia opened the public hearing. The following citizen addressed the City Council. Sherry Ellison, 2705 Brookway Drive Mayor Silvia closed the public hearing. Council member Happ moved approval of Ordinance No. 2612 amending the city's Thoroughfare Plan in the area bound by Barron Road, State Highway 6, and the proposed State Highway 40. Council member Maloney seconded the motion, which carried by a vote of 7-0. FOR: Silvia, Massey, Happ, Garner, Mears, Maloney, Hazen AGAINST: None Providing Customer Service Excel[ence City of College Station College Station, Texas Council Minutes 2/13/03 Page 8 Regular A2enda Item No. 10.5 - Public hearing, discussion and possible action on a resolution amendinE the Citv's Land Use Plan in the area bound bv Barron Road, State Highwav 6 and the proposed State Hishwav 40. Mayor opened the public hearing. No one spoke. Mayor closed the public hearing. Council member Maloney moved approval of Resolution No. 2-13-2003-10.05 amending the city's Land Use Plan in the area bound by Barron Road, State Highway 6, and the proposed State Highway 40. Mayor Pro Tem Massey seconded the motion, which carried by a vote of 7-0. FOR: Silvia, Massey, Happ, Garner, Mears, Maloney, Hazen AGAINST: None Regular AEenda Item No. 10.6 - Discussion and nossible action regarding a contract for transportation consultin2 service between Dean International, Inc. and the Citv of College Station. City Manager Tom Brymer described the proposed contract with Dean International, Inc for calendar 2003 for various transportation-consulting services. The contract amount is $240,000 plus an expense not to exceed 15% of the annual contract amount. The scope of services for this contract is comprised of three areas: • Assistance in pursuing a proactive transportation public policy agenda through intergovernmental relations. • Assistance in developing, organizing, and holding the second annual Brazos Valley Transportation Summit. • Assistance facilitation in securing funding for three surface transportation projects. Staff recommends approval of the proposed contract with Dean International, Inc. Mayor Pro Tem Massey moved approval of a contract with Dean International, Inc. Council member Garner seconded the motion, which carried by a vote of 7-0. FOR: Silvia, Massey, Happ, Garner, Mears, Maloney, Hazen AGAINST: None Council recessed at 8:50 p.m. for a short break and returned to the regular meeting at 9:00 p.m. Regular Agenda Item No. 10.7 - Presentation, discussion and aossible action on a proposed amendment to Chapter 10, Section 4 of the Colleae Station Code of Ordinances (Administrative Adiudication of Parking Violations) and to revise the related fine and fee schedule (Schedule A) and providing an effective date. Fiscal Services Director Charles Cryan remarked that the amendment allows for the administrative adjudication of certain parking violations in accordance with Chapter 682 of the Providing Customer Service Excellence Ciry of College Station College Station, Texas Council Minutes 2/13/03 Page 9 State Transportation Statue. The amendment proposes three changes to the current administrative adjudication process. The proposed changes are: 1. Subsequent to Council's approval on November 15, 2001, the Attorney general of the State of Texas issued on opinion that clarified the statue allowing decriminalization of certain parking offenses. That Ag's opinion necessitates the repeal of the $25 approval fee currently included in our ordinance. 2. That same Ag's opinion also clarified what types of parking offenses can be included and adjudicated under a civil process. In order to be in compliance with State Statutes, it is necessary to revise Schedule A by removing certain parking offenses from the list of those eligible to be adjudicated using a civil process. 3. Under the current ordinance, reduced fines are not authorized. In order to streamline the collection of outstanding parking fines, staff requests that Council authorize the City Manager or his designee to offer reduced fines on a limited basis. Council member Maloney moved approval of Ordinance No. 2613 approving amendment to Chapter 10, Section 4 of the College Station Code of Ordinances. Council member Garner seconded the motion, which carried by a vote of 6-1. FOR: Silvia, Massey, Happ, Garner, Mears, Maloney, AGAINST: Hazen Regular Agenda Item No. 10.8 Presentation, discussion and possible action on fillinLy the expirin2 terms of three Director nositions for the Tax Increment Reinvestment Zone (TIRZ) #15 Board, as provided for under Chapter 311 of the Tax Code Also, discussion and uossible action on the anpointment of a Chairman to the Tax Increment Reinvestment Zone #15 Board of Directors for 2003. Director of Economic Development Kim Foutz informed the council that the terms of the three Directors of the Tax Increment Reinvestment Zone #15 Board would expire on March 14, 2002. On March 14, 2002, the City Council appointed Joel Ross, Stan Maliska, and Terry Pruitt to serve the initial one-year term. Those Board members are eligible for re-appointment for a two- year term. In addition to filling the expiring terms state statue also requires the Council appoint a chairman to this board. Council member Happ moved to reappoint Joel Ross, Stan Maliska and Terry Pruitt to the Directors position of the Tax Increment Reinvestment Zone #15 for a two-year term. Mayor ProTem Massey seconded the motion, which carried by a vote of 6-0. FOR: Silvia, Massey, Happ, Mears, Maloney, Hazen AGAINST: None ABSTAINED: Garner Council member Happ moved to appoint Joel Ross as Chairman of the Tax Increment Reinvestment Zone #15. Mayor Pro Tem Massey seconded the motion, which carried by a vote of 6-0. Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 2/13/03 Page 10 FOR: Silvia, Massey, Happ, Mears, Maloney, Hazen AGAINST: None ABSTAINED: Garner Regular Agenda Item No. 10.9 Discussion and qossible action on the appointment of a member to the Brazos Vallev Solid Waste Mannement Auncv's (BVSWMA) Policv Advisorv Board. Mayar Silvia noted that he served as Chairman on the BVSWMA Board with Bryan Mayor Jay Don Watson and Bryan Council member Mitch Morehead as members. In 2003, Bryan Mayor Jay Don Watson will serve as Chairman of the BVSWMA Board. One Council member from College Station would serve as a voting member of the Board during each year that Bryan's Mayor presides as Chairman. Mayor Pro Tem Massey moved to appoint Council member Maloney to serve as a voting member to the Brazos Valley Solid Waste Management Agency Policy Advisory Board. Council member Garner seconded the motion, which carried by a vote of 7-0. FOR: Silvia, Massey, Happ, Garner, Mears, Maloney, Hazen AGAINST: None Re2ular Aunda Item No. 12 Council member Maloney reported on the Brazos County Board of Health Department current proj ects. Council member Happ informed the Council on the current transportation engagements. He also reported on the Cemetery Committee plans to purchase a new Cemetery. Also, he requested that the back entrance to the Cemetery be placed on a future workshop agenda. Council member Mears made comments regarding his trip to Washington D.C. pertaining to transportation issues. Mayor Silvia made comments concerning the Brazos Animal Shelter kennels upgrades and evaluations of the Animal Shelters employees. Mayor Pro Tem Massey presented an update on the current topics of the Intergovernmental Committee agenda. Council member Garner briefed the council on the Planning and Zoning Committee meeting agenda items. Providing Customer Service Excellence City of College Station College Station, Texas Council Minutes 2/13/03 Page 11 Regular A2enda Item No. 13 The Citv Council mav convene the executive session followin2 the re2ular meetin2 to discuss matters posted on the executive session agenda for 9/26/02. At 9:46 p.m., Mayor Silvia announced that the Council would reconvene into executive session pursuant to Sections 551.071, 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, the evaluation of a Public Officer and to consider economic development negotiations. Reaular Aaenda Item No. 14 Final action on executive session, if necessarv Council concluded its executive session at 10:54 p.m. They returned to open session. Council member Maloney moved to increase the City Secretary salary to $57,000 per year effective February 2003. Council member Garner seconded the motion, which carried by a vote of 7-0. FOR: Silvia, Massey, Happ, Garner, Mears, Maloney, Hazen AGAINST: None Regular Agenda Item No. 15 - Adiourn. Hearing no objections, the meeting adjourned at 10:55 p.m. on Thursday, February 13, 2003. PASSED AND APPROVED this 22"d day of Mav, 2003. APPROVED: . Ma on Silvia ATTEST: &4u~- City Secretary Connie Hooks Providing Customer Service Ezcellence City of College Station College Station, Texas