HomeMy WebLinkAbout04/24/2003 - Regular Minutes City Council CAI Mayor City Council
Ron Silvia John Happ
Mayor Pro Tempore Winnie Garner
Noisy 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 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
Stir 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 City'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:
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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 joint 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.
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r 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.
to After executive session discussion, any final action or vote taken will be in public. The following
subject(s) may be discussed:
The City Council may consider pending and contemplated litigation subjects. The following subjects
may be discussed:
1.Cause No. 43,098 -85, Brazos County — Bryan v. College Station
2.Cause No. 96- 03168, Travis County — Bryan, et al. v. PUC (intervention)
3.Cause No. 97- 02587, Travis County — Bryan, et al. v. PUC (intervention)
4.Cause No. 98- 13391, Travis County — Bryan, et al. v. PUC (intervention)
5.Cause No. 96- 06940, Travis County — Bryan, et al. v. PUC (intervention)
6.Cause No. 97- 07000, Travis County — TMPA v. PUC (intervention)
7.Cause No. 98- 11817, Travis County — TMPA v. PUC (intervention)
8.Cause No. 98- 11815, Travis County — Texas -New Mexico Power Co. v. PUC (intervention)
9.Cause No. 97- 12392, Travis County — Central Power & Light Co. v. PUC (intervention)
10.Cause No. 97- 12405, Travis County — Bryan v. PUC (intervention)
11.Cause No. 97- 12401, Travis County — TMPA v. PUC (intervention)
12.Cause No. 97- 12402, Travis County — San Antonio v. PUC (intervention)
13.Cause No. 97- 10792, Travis County — TMPA v. PUC (intervention)
14.Cause No. GN002343, Travis County — San Antonio v. PUC (intervention)
15.Cause No. GN002513, Travis County — San Antonio v. PUC (intervention)
16.Cause No. GN000152, Travis County — TMPA v. PUC (intervention)
17.Cause No. GN200090; Travis County — Reliant Energy v. Big Country Electric Coop, et al.
18.Cause No. GN200100, Travis County — San Antonio, etc. v. Brazos Electric Power Coop, et al.
19.Cause No. GN200685, Travis County — TMPA v. PUC and City of Bryan (intervention)
20.Cause No. GN300714, Travis County — TMPA v. PUC and City of Bryan (intervention)
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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 — 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.Cause No. 03- 000617 -CV -272, Brazos County — TCA Holdings, et al. v. College Station
40.Discuss City's rights and obligations concerning City contracts.
41.Discuss sewer problems at 5108 Bellerive Bend
8. Final action on Executive Session, if necessary.
Council concluded its executive session.
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.
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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.
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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.
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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.
4
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.
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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.
4 09 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.
APPROVED:
/ • A ll�
Mayor Ron Silvia
ATTEST:
C., :-
City Secretary Connie Hooks
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