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HomeMy WebLinkAbout04/23/2003 - Regular Minutes City CouncilCOLLEGE STATION College Station, Embracing the Past, Exploring the Future Mayor Ron Silvia Mayor Pro Tempore James Massey City Manager Thomas E. Brymer City Council John Happ Winnie Garner Scott Mears Dennis Maloney Anne Hazen MINUTES College Station City Council Workshop and Regular Meetings Thursday, April 24, 2003 at 3:00 p.m. and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Massey, Council members Maloney, Mears, Hazen, Garner COUNCIL MEMBER ABSENT: Council member Happ STAFF PRESENT: Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Assistant PARD Director Ploeger, Public Works Director Director Smith, Director of Development Services Templin, Assistant City Secretary Casares Mayor Silvia opened the meeting at 3:03 p.m. Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular Council Meeting. 10.4: Discussion and possible action on a resolution approving the First Supplement to Joint Solid Waste Management Agreement with the City of Bryan. On page 5 of the contract, Council member Maloney suggested replacing the following: "The Board shall meet annually or as often as it deems necessary" with "The Board shall meet annually and as often as it deems necessary." Workshop Agenda Item No. 2 -- Presentation. discussion and possible action regarding effective solid waste collection and disposal programs. Jim Smith, BVSWMA Director presented this item. Pete Caler, Sanitation Superintendent, and Samantha Best, Landfill Manager presented a summary of the solid waste collection and disposal programs. No official action was taken. Workshop Agenda Item No. 3 -- Presentation. discussion and possible action on a study of the mixed -use development concept and a review of the Citv's policies for encouraging such development. City Planner Lee Battle presented this item. He reported on the study of mixed -use development concept with a review of the city's policies for encouraging such development. The study identified three opportunities for mixed -use development likely to occur in the city: Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 4/24/03 Page 2 Historic Mixed -use: primarily in the Northgate area Single -use conversions: the development or redesign of shopping centers and retail strip centers into mixed -use developments that accommodate pedestrians, integrate compatible uses and transition into surrounding neighborhoods. Master planned developments: new development on larger undeveloped tracts of land. This issue was placed on the regular agenda for a public hearing and consideration. Workshop Agenda Item No. 4 -- Presentation. discussion and possible action on a ioint meeting with the Parks and Recreation Advisory Board for discussion on strategic planning. Council Vision Statements and Advisory Board goals. John Nichols, Glen Davis, Bill Davis, Glenn Schroeder, Don Allison, Larry Farnsworth were present from the Parks Board. . With a quorum present, Chairman Nichols began the Parks Meeting at 3:50 p.m. Chairman Nichols identified six topics of discussion for council to deliberate. He briefly mentioned that the revised Recreation, Park and Open Space Master plan would be brought forward to Council on June 12, 2003. Second, Chairman Nichols referred to the upcoming bond election with emphasis on the Phase II development of Veterans Park and Athletic Complex as a high priority of the Board. Third, discussion was held on the need for parkland in the Northgate area. Fourth, discussion was held on a potential policy statement for joint school /neighborhood park development. Next, discussion was held on the implementation of the Urban Forest Management Plan. Lastly, discussion was held on improving dialogue between the Parks Advisory Board and the Planning and Zoning Commission concerning parkland dedication issues. No official action was taken. The Parks Board meeting adjourned at 5:00 p.m. Council took a short break. Council returned to the meeting at 5:11 p.m. Workshop Agenda Item No. 5 -- Presentation. discussion and possible action on proposed amendments to the City of College Station Code of Ordinances. Chapter 4. Section 10. entitled "Tow Truck and Vehicle Storage Business Regulations ". Major Mason Newton of the College Station Police Department discussed the proposed amendment to the ordinance. The proposed amendments included the following changes: 1. Increasing the maximum fees that tow companies may charge the public for non - consent tow services; 2. Eliminating the requirement that each tow truck be inspected and permitted; 3. Includes a requirement that each vehicle storage facility used by tow companies included on the City's rotation list were to conform to the American with Disabilities Act. This item was scheduled for a public hearing and consideration on the regular agenda. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 4/24/03 Page 3 No official action was taken. Workshop Agenda Item No. 6. -- Council Calendars City Council Workshop and Regular Meetings, 5/8, 5/22 Making Cities Livable Conference, 4/13 -4/18, Santa Fe, New Mexico Intergovernmental Committee Meeting, 4/21, 12:00 p.m., CS Administrative Conference Room Intergovernmental Committee Meeting/ CSISD, 4/25 12:00 p.m. Earth Day Celebration /Arbor Day 4/26, 10:00 a.m. — 3:00 p.m. Brazos Valley Transportation Summit, 5/2, George Bush Presidential Library and Conference Ctr. Chamber of Commerce trip to Washington D.C., 5/4 -8 Council Planning Retreat, 5/15 & 5/16 Joint Safety and Health Expo, 6/5, 10:00 a.m. -6:00 p.m. Workshop Agenda Item No. 7 -- Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. Mayor Silvia announced in open session that the City Council would convene into executive session at 5:35 p.m. pursuant to Section 551.071 of the Open Meetings Act, to seek the advice of the city attorney. 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 2.Cause No. 96- 03168, Travis County — 3.Cause No. 97- 02587, Travis County — 4.Cause No. 98- 13391, Travis County — 5.Cause No. 96- 06940, Travis County — 6.Cause No. 97- 07000, Travis County — 7.Cause No. 98- 11817, Travis County — 8.Cause No. 98- 11815, Travis County — 9.Cause No. 97- 12392, Travis County — 10.Cause No. 97- 12405, Travis County — 11.Cause No. 97- 12401, Travis County — 12.Cause No. 97- 12402, Travis County — 13.Cause No. 97- 10792, Travis County — 14.Cause No. GN002343, Travis County 15.Cause No. GN002513, Travis County 16.Cause No. GN000152, Travis County 17.Cause No. GN200090; Travis County 18.Cause No. GN200100, Travis County 19.Cause No. GN200685, Travis County 20.Cause No. GN300714, Travis County — Bryan v. College Station Bryan, et al. v. PUC (intervention) Bryan, et al. v. PUC (intervention) Bryan, et al. v. PUC (intervention) Bryan, et al. v. PUC (intervention) TMPA v. PUC (intervention) TMPA v. PUC (intervention) Texas -New Mexico Power Co. v. PUC (intervention) Central Power & Light Co. v. PUC (intervention) Bryan v. PUC (intervention) TMPA v. PUC (intervention) San Antonio v. PUC (intervention) TMPA v. PUC (intervention) — San Antonio v. PUC (intervention) — San Antonio v. PUC (intervention) — TMPA v. PUC (intervention) — Reliant Energy v. Big Country Electric Coop, et al. — San Antonio, etc. v. Brazos Electric Power Coop, et al. — TMPA v. PUC and City of Bryan (intervention) — TMPA v. PUC and City of Bryan (intervention) Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 4/24/03 Page 4 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) 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 — 38.Cause No. 02- 002445 -CV -272, Brazos County — Inc., and Scott Elliott, d/b /a Elliott Construction 39.Cause No. 03- 000617 -CV -272, Brazos County — 40.Discuss City's rights and obligations concerning 41.Discuss sewer problems at 5108 Bellerive Bend 8. Final action on Executive Session, if necessary. Council concluded its executive session. TCA Holdings, et al. v. College Station City contracts. Regular Meeting At 7:03 p.m. Mayor Silvia opened the meeting with all council members present, except James Massey and John Happ. Mayor Silvia led the audience in the pledge of allegiance. Council member Hazen moved approval of the absence request from Council member John Happ. Motion seconded by Council member Garner, which carried unanimously, 5 -0. Presentations: Shirley Dannhauser, a member of the Historic Preservation Committee and Katie Elrod, staff liaison to the committee, spoke briefly about an upcoming event to recognize Historic Preservation Training and a new project called "PROJECT HOLD ". Proclamation for National Historic Preservation Week, May 5 -12, 2003 was read by Cathy Conlee, member of the Historic Preservation Committee. Julie O'Connell and several city employees acknowledged Public Service Recognition Week, May 5 -9, 2003. Jennifer Nations from Public Works accepted the proclamation read by Mayor Silvia to recognize April 26, 2003 as Earth Day. Providing Customer Service Excellence City of College Station College Station, Texas DeSantiago v. College Station Evelyn L. Bruce v. College Station, C.D. Henderson, Council Meeting 4/24/03 Page 5 April 24, 2003 Bike to School and Work Day proclamation was received by Brazos Valley Cyclist Representative Robert Rose. 9.1 Hear Visitors: No one spoke. Consent Agenda Approved by common consent the minutes for January 23, 2003. 10.2 Approved by common consent Resolution No. 04 -24 -03 -10.2 providing a grant to Crescent Pointe, Ltd. for economic development. 10.3 Approved by common consent Resolution No. 04 -24 -03 -10.3 a construction contract with L.D. Kemp Excavating, Inc. in the amount of $1,168,973.00 for the construction of fill sector 17 at the Rock Prairie Road Landfill. 10.4 Approved by common consent Resolution No. 04 -24 -03 -10.4 approving the First Supplement to Joint Solid Waste Management Agreement with the City of Bryan. 10.5 Approved by common consent Resolution No. 04 -24 -03 -10.5 authorizing publication of notice of the intention to issue certificates of obligation not to exceed $840,000. 10.6 Approved by common consent the nomination to the Board of Managers of the Brazos County Emergency Communications District. 10.7 Approved by common consent the ratification of purchase of 6" x 12" stone rip rap, in accordance with a LGC 252.022(a)(2) a procurement necessary to preserve the public health and safety of the municipality's residents, to TEXCON, Inc. in the amount of $14,375.02. 10.8 Approved by common consent Resolution No. 04 -24 -03 -10.8 authorizing the Mayor to sign a Standard Utility Agreement, Utility Joint Use Agreement and Statement Covering Contract Work and Affidavit as required to obtain a Texas Department of Transportation reimbursement for the relocation cost for a 24" water line to facilitate the construction of SH 40 just west of Highway 6 and Greens Prairie Road. 10.9 Approved by common consent the request for oversize participation in the amount of $29,600.00 for construction of an 18 -inch waterline northwest from the Harley Davidson property along the SH 6 north bound frontage road through the proposed Southside Plaza property, a distance of 543 feet. Council member Maloney moved to approve with the word change in Item No. 10.4 by common consent. Motion by Council member Hazen seconded the motion which carried unanimously, 5 -0. FOR: Silvia, Maloney, Mears, Garner, Hazen AGAINST: None ABSENT: Massey, Happ Regular Agenda 11.1 Public hearing. discussion and possible action on an ordinance rezoning Lots 1 and 2. Block 3 of the Pooh's Park Subdivision from WPC Wolf Pen Creek Development Corridor to C -1 General Commercial. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 4/24/03 Page 6 Kelly Templin, Director of Development Services described the subject property. Staff and Planning and Zoning Commission recommended approval. Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing. Council member Maloney moved to approve Ordinance 2627. Council member Garner seconded the motion, which carried unanimously, 5 -0. FOR: Silvia, Maloney, Mears, Garner, Hazen AGAINST: None ABSENT: Massey, Happ 11.2 Public hearing. discussion and possible action on an ordinance rezoning 38.5 acres from A -O Agricultural Open to R -1 Single Family for Estates at Spring Creek located at 2201 Barron Road. Kelly Templin, Director of Development Services described the subject property. Staff and Planning and Zoning Commission recommended approval. Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing. Council member Mears made a motion to approve Ordinance 2628 rezoning 38.5 acres from A -O Agricultural Open to R -1 Single Family. Motion seconded by Council member Garner, which carried unanimously, 5 -0. FOR: Silvia, Mears, Maloney, Garner, Hazen AGAINST: None ABSENT: Massey, Happ 11.3 Public hearing. discussion and possible action on an ordinance amending the City's Land Use Plan in areas currently labeled Mixed -Use. City Planner Lee Battle addressed this item. He recapped the discussion held at the workshop meeting. The Mixed Use study was initiated to analyze the feasibility and opportunity for mixed -use development in College Station and determined if any changes to the city's policies of land use plan are needed to help implement or encourage this development pattern. Mr. Battle described the properties affected by the mixed -use designation. James Massey returned to the meeting at 7:50 p.m. Comments were expressed about the area located adjacent to Stonebrook and it was recommended that the area remain Agricultural Open instead of proposed neighborhood commercial. Mayor Silvia opened the public hearing. Sherry Ellison, 2705 Brookway Drive, expressed objection to the proposed land use amendments. Her concern related to the area next to Academy. Mayor Silvia closed the public hearing. Council member Mears made a motion to approve Ordinance 2629 amending the Land Use Plan for all areas except the area at Stonebrook Drive. Seconded by Council member Garner, which carried unanimously, 6 -0. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 4/24/03 Page 7 Council member Garner moved to approve the area as presented by staff. Motion seconded by Council member Mears, which carried 3 -2 -1. FOR: Massey, Garner, Mears AGAINST: Maloney, Silvia ABSTAIN: Hazen ABSENT: Happ 11.4 Public hearing, discussion and possible action on an ordinance approving amendments to the City of College Station Code of Ordinances, Chapter 4, Section 10, entitled "Tow Truck and Vehicle Storage Business Regulations ". Police Major Mason Newton addressed this item. Mayor Silvia opened the public hearing. Jennifer Schwartz, 4994 Welcome Lane, Owner of JAGS Rescue and Recovery, expressed opinion that current charges for non - consent tows and rotation calls be increased to reflect a more feasible rate. She also submitted an updated fee schedule and requested that fees be increased. Barry Felkner,108 Sandauto, Bryan, TX, Operations Manager for Al Wrecker Service, contended that price gouging is occurring with wrecker services in the Brazos Valley. The City has been regulated with great success for the last 5 years. He feels that an increase is fair and needed. Gerald Anderson, 4469 Leonard Road, Bryan, TX Owner of Anderson Wrecker Service, suggested the rate be set at $150.00. He said that insurance has increased tremendously. He also asked to see a separate list between broken down cars and cars involved in accidents. Jim Schwartz, 4994 Welcome Lane, Manager Jags Rescue and Recovery, does not think that 2 hours on a scene is viable. Thinks there needs to be an additional fee for when you recover vehicles in extenuating circumstances. Additional wenching, extra man, and material cleanup fees should be included. Joey Slovacek, 5377 Raymond Stotzer, expressed comments that it is important to increase fees to cover the cost of doing business. Also said that someone to hold the towing companies accountable. Frank Kalinac, 9310 Chadwick, Co -Owner A -1 Towing, agreed with current rotation fee. She said that if the towing companies don't regulate themselves, then insurance companies will get involved. Agreed with a $100 flat rate. Jennifer Schwartz, 4994 Welcome Lane, Owner JAGS Rescue and Recovery, did not agree with the flat rate. She owns two trucks and emphasized that companies with more towing trucks were given an advantage to comply with $100 flat rate. She felt that $100.00 flat rate was not enough to charge the public. Mayor Silvia closed the public hearing. Major Mason Newton further discussed the rates. He discussed accident rate and non - accident rates. About 50% of calls are for accidents. He said that a flat fee is the best option. Council member Hazen said that the fees need to be reviewed in a more timely manner. Providing Customer Service Excellence City of College Station College Station, Texas Council Meeting 4/24/03 Page 8 Motion made by Council member Mears to approve Ordinance 2630 as presented with an annual review. Motion seconded by Council member Garner, which carried by a vote of 5 -1. FOR: Silvia, Mears, Massey, Hazen, Garner AGAINST: Maloney ABSENT: Happ At this time in the meeting, presentations were made to Council members Maloney, Garner, and Massey for their years of service on the College Station City Council. 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 Research Valley Partnership, 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 Massey reported on the May 19, 2003 Joint Meeting with Bryan, College Station, and County. Judge Langley discussed with the intergovernmental committee with the possibility of a federal courthouse locally. Council member Massey spoke about the discussions to get joint health care. Council member Maloney spoke about suggested bylaw changes for the Research Valley Partnership Board. Mayor Silvia provided a list of projects that were being discussed with the MPO. The Brazos Animal Shelter Board has received applications for the director position. 13. The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for April 24, 2003. Council concluded the executive session prior to the regular meeting. 14. Final action on executive session, if necessary. No action was taken. 15. Adjourn. Council member Garner moved to adjourn the meeting. Motion seconded by Council member Mears, which carried unanimously, 6 -0. PASSED AND APPROVED this 26` day of June, 2003. ATTEST: C..- City Secretary Connie Hooks APPROVED: 6;7., Mayor R(n Silvia Providing Customer Service Excellence City of College Station College Station, Texas