HomeMy WebLinkAbout04/10/2003 - Regular Minutes City Council Mayor City Council
Ron Silvia
A James Massey
Mayor Pro Tempore John Happ
Anne Hazen Robert Wareing
City Manager Scott Mears
COLLEGE STATION Thomas E. Brymer Dennis Maloney
College Station, Embracing the Past,
Exploring the Future
MINUTES
COLLEGE STATION CITY COUNCIL
Workshop and Regular Meetings
Thursday, April 10, 2003 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chambers
COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Massey, Council
members Maloney, Hazen, Garner, Happ, Mears
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Engineer
Mosley, Assistant to the City Manager Alexander, City Attorney Cargill, City Secretary Hooks,
Assistant City Secretary Casares, Public Relations Assistant Jett, Fiscal Services Director Cryan,
Parks and Recreation Director Beachy, Human Resources Director O'Connell, OTIS Director
Burnside, Budget and Strategic Planning Director Kersten
Mayor Pro Tem Massey opened the workshop meeting at 3:00 p.m.
Agenda Item 1 -- Discussion of consent agenda items listed for Regular Council Meeting.
No items were removed for discussion.
Agenda Item No. 2 -- Presentation, discussion, and possible action regarding the proposed
update to the Comprehensive Plan in the area bound by the proposed State Highway 40,
State Highway 6, FM 2154 and Peach Creek.
Trey Fletcher stated that the primary changes proposed as amendments included the addition of
several collector thoroughfares to improve connectivity, mobility, and access in south College
Station. Additionally, the changes were based on public feedback from residents of Woodlake
and Nantucket subdivisions.
Ken Fogle, Transportation Planner described the changes by showing detailed maps of the
proposed minor and major collector routes.
No official action was taken.
Council Meetings 4/10/2003 Page 2
Agenda Item No. 3 - -- Presentation, discussion, and possible action regarding drainage and
utility studies and improvements that are underway in the Southside neighborhoods.
Public Works Director Mark Smith presented this item. Council approved a request from
Council member Maloney at its meeting on February 13 that Council is updated on the progress
of studies for water, sewer, and alleyway infrastructure in the Soothsaid area. he city contracted
with Freese and Nichols Inc. to perform this infrastructure study. These drainage projects will be
funded from drainage utility funds.
Mr. Smith stated that the drainage needs of the Southside area have been examined and plans for
improvement are underway. Presently, design work was underway to construct a drainage flume
located in the alleyways that exist behind the houses on Welsh and carry water to Park Place
where it will be picked up by an existing system. Another section would be a concrete flume
located from Luther to Park Place. The sewer line will also be replaced in the alleyway. This
project would be the first project to address drainage issues in the Southside area funded by
Community Development Block Grant Funds. The issues involving the drainage problems
generated the most complaints. City staff will continue to make determination of additional
improvements based on the studies and plan for capital projects in future budgets. The first
project shall begin in the summer of 2003.
No official action was taken.
Council members took a short break.
Agenda Item No. 4 -- Presentation, discussion and possible action on appointments to the
Board of Directors of the College Station Business Development Corporation.
Council returned at 5:10 p.m.
Director of Economic Development Kim Foutz explained the membership status of the 4B
Board.
Council discussed the role of the CS Business Development Corporation. Comments were also
made about the relationship between the CS Board and the B -CS Economic Development
Corporation.
The consensus of the council was to defer the appointment of the 4B Corporation until
discussion can be held at the upcoming council retreat. A subcommittee of the council was
selected to review the bylaws of the Board. These members were Council members Mears,
Hazen and Maloney.
Agenda Item No. 5 -- Presentation, discussion and possible action on plans for celebrating
the 65 birthday of the City of College Station. This item was discussed at the conclusion
of the regular meeting.
Council Meetings 4/10/2003 Page 3
Council agreed with the ideas presented by the Parks Department to begin planning the
celebration event. These ideas included a one -day community event, with a series of celebration
activities at the Wolf Pen Creek Amphitheater.
Staff was directed to prepare a budget and present to Council for future consideration.
Agenda Item No. 6 -- Council Calendars
Bryan- College Station Day at the State Capitol, 4/9
City Council Workshop and Regular Meetings, 4/24, 5/8, 5/22
Making Cities Livable Conference, 4/13 -4/18, Santa Fe, New Mexico
Chamber of Commerce Board Meeting, 4/15, 8:00 a.m.
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/Wolf Pen Creek Trail Dedication, 4/26, 2:00 p.m.
Brazos Valley Regional Transportation Summit, 5/2, George Bush Presidential Library and
Conference Center
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.
Agenda Item No. 7 -- Executive Session will immediately follow the workshop meeting in
the Administrative Conference Room.
Mayor Silvia announced 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, to consider the purchase of real property, the evaluation of a public officer,
and economic development negotiations.
Consultation with Attorney {Gov't Code Section 551.0711: possible action
The City Council may seek advice from its attorney regarding a pending and contemplated
litigation subject or settlement offer or attorney - client privileged information. Litigation is an
ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs
to be discussed with the City Council. Upon occasion the City Council may need information
from its attorney as to the status of a pending or contemplated litigation subject or settlement
offer or attorney - client privileged information. After executive session discussion, any final
action or vote taken will be in public. The following subject(s) may be discussed:
The City Council may consider pending and contemplated litigation subjects. The following
subjects may be discussed: -
1. Cause No. 43,098 -85, Brazos County — Bryan v. College Station
2. Cause No. 96- 03168, Travis County — Bryan, et al. v. PUC (intervention)
3. Cause No. 97- 02587, Travis County — Bryan, et al. v. PUC (intervention)
4. Cause No. 98- 13391, Travis County — Bryan, et al. v. PUC (intervention)
5. Cause No. 96- 06940, Travis County — Bryan, et al. v. PUC (intervention)
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)
Council Meetings 4/10/2003 Page 4
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,
etal.
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. Discuss City's rights and obligations concerning City contracts.
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. Mesa Marble & Stone Inc.
2. For the purchase of real property, for a utility line easement along FM 2818 between SH 21
and Villa Maria Road in Bryan, Texas.
Economic Incentive Negotiations {Gov't Code Section 551.087 }; 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
Council Meetings 4/10/2003 Page 5
negotiations may deliberate on an offer of financial or other incentives for a business prospect.
ice, 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.
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:
1. City Council Evaluation
2. City Manager Evaluation
3. City Attorney Evaluation
4. City Secretary Evaluation
8. Final action on Executive Session, if necessary.
Regular Meeting
Mayor Silvia opened the regular meeting at 7:05 p.m. with all council members present. He led
the audience in the pledge of allegiance. Council member Mears provided the invocation.
Mayor Silvia presented the Barbership Quartet a proclamation for Barbershop Harmony Month
41Iw of April, 2003.
Jacob Addie received the proclamation for National Student Employment Week, April 14 -28,
2003.
Lori Yarbrough representing the Brazos County Rape Crisis Center accepted the proclamation
for Sexual Assault Awareness Month, April 2003.
Barbara Schumacher and Peggy Sloan received the proclamation for Administrative
Professionals Week, April 21 -25, 2003.
Randy Brumley and Debbie Eller accepted the proclamation for National Community
Development Week, April 21, 27, 2003.
9. Hear Visitors: Martha Camp, 1809 Sabine Court presented remarks about the no smoking
ordinance as it applies to Wolf Pen bowling center.
10. Consent Agenda
10.1: Approved by common consent the minutes for City Council workshop and regular
meeting, March 27, 2003.
Council Meetings 4/10/2003 Page 6
10.2: Bid No. 03 -57 — Approved by common consent Resolution No. 4 - 2003 - 10.2 approving
a construction contract for street light installations on Longmire Drive with H &B Construction in
the amount of $71,979.80.
10.3: Approved by common consent authorization for the Mayor to send a letter to Congressman
John Carter specifying the City of College Station's priorities for earmark projects related to the
Reauthorization of TEA -21.
10.4: Approved by common consent a change order to the contract with the Arts Council of the
Brazos Valley in the amount of $210,000.
10.5: Approved by common consent the approval of an interlocal agreement between the City of
College Station and College Station Independent School District for joint purchases.
10.6: Approved by common consent Resolution No. 4 - 2003 - 10.6 approving a professional
service contract with CSC Engineering and Environmental Consultants, Inc. in the amount of
$267,000.00 for engineering related services at the Rock Prairie Road Landfill.
10.7: Approved by common consent Resolution No. 4 - 2003 - 10.7 approving a construction
contract for the Copperfield Parkway extension with C.D.S. Enterprises, Inc. dba Texcon
General Contractors in the amount of $1,908,486.10.
10.8: Approved by common consent Resolution No.4 - 2003 - 10.8 appointing election
4 0 officials to serve in the May 3, 2003 City of College Station and CSISD general election.
10.9: Approved by common consent Resolution No. 4 - 2003 - 10.9 authorizing the Fire Chief
to coordinate with the Federal Emergency Management Agency, United States Fire
Administration in application for a matching grant under the Assistance to Firefighters Grant
Program.
10.10: Approved by common consent awarding a professional services contract for design of
Fire Station 5 to Brown Reynolds Watford Architects, Inc. in the amount not to exceed
$120,000.00.
10.11: Approved by common consent Resolution No. 4 - 2003 - 10.11 authorizing an
amendment to the Resolution Determining Need Number 7 -22- 2002 -11.11 by modifying the
description of several properties, authorizing the acquisition of additional properties and deleting
the description of several properties; giving notice of an official determination to acquire an
exclusive public utility easement interest in property for the Water Transmission Project; and
establish procedures for the acquisition of an exclusive public utility easement interest in
property.
10.12: Discussion of an ordinance amending Chapter 10, "Traffic Code," Section 3 of the Code
of Ordinances of the City of College Station relating to speed zones on College Station streets.
Council member John Happ removed this item.
Council Meetings 4/10/2003 Page 7
Dale Picha, the City's Traffic Engineer remarked that these roadways were recently annexed into
4 110 the City and with the adoption of this ordinance, the speed zones for these roads will change. No
reductions in speed zones occurred with this ordinance.
Council member Happ moved approval of Ordinance No. 2621 as presented. Motion seconded
by Council member Hazen which carried unanimously, 7 -0.
10.13: Approved by common consent Ordinance No. 2622 adopting the third and final reading
of a franchise agreement with Stericycle, Inc. for the collection and disposal services for treated
and untreated medical waste.
10.14: Approved by common consent to ratify Change Order 1 to Professional Services contract
01 -121 with The Wallace Group, Inc. for engineering and consulting services for the Highway
30/60 Phase I infrastructure, increasing the contract by $12,378.75.
Councilmember Hazen moved to approve the consent items with the exception of Item No.
10.12. Motion seconded by Council member Happ which carried unanimously, 7 -0.
Regular Agenda
11.1: Public hearing, discussion and possible action on an ordinance amending the city's
comprehensive plan in the area bound by the proposed State Highway 40, State Highway 6,
FM 2154, and Peach Creek.
The City's Transportation Planner Ken Fogle presented an update of the city's thoroughfare plan
with proposed changes recommended by staff and Planning and Zoning Commission. He
indicated that a number of focus group meetings were held particularly with residents of
Woodlake and Nantucket. He highlighted the goals and objectives of the Plan. And, as a result
extensive changes to the thoroughfare plan were based on comments received from the public,
the Planning and Zoning Commission subcommittee, and property owners in the study area.
Residents of the Woodlake neighborhood were opposed to the proposed minor collector
connecting to Woodlake Drive south of Greens Prairie Road. Staff recommended that this link
was important to provide a secondary access point in the case of an emergency as well as to
provide connectivity to the neighboring areas. Planning and Zoning Commission recommended
this connection to Woodlake be removed. Staff recommended that this connection be retained.
Residents of Nantucket were opposed to the extension of Harper's Ferry Drive west of Arrington
Road because this extension would increase the amount of cut - through traffic through the
Nantucket subdivision. On the current thoroughfare plan, Harper's Ferry was shown to connect
to Castlegate Drive at Greens Prairie Road. Staff revised the alignment of Harpers' Ferry from
the current thoroughfare plan to remove the direct connection and make the route between
Nantucket and Castlegate to minimize the amount of cut - through traffic. Planning and Zoning
Commission recommended relocating this connect about 2000 feet south of Harper's Ferry
Drive. Staff recommended that this collector be aligned with Harper's Ferry Road to maximize
4 10 safety, as well as to improve connectivity and traffic operations.
Council Meetings 4/10/2003 Page 8
4 11.0 Mr. Fogle answered questions of the council about staff recommendations and P &Z
recommendations.
Mayor Silvia opened the public hearing. The following individuals spoke to the Council on this
issue.
Residents of Nantucket and Woodlake spoke on this issue.
Bill Harris, 1207 Mariners Cove
Janie Harris, 1207 Mariners Cove
Paul Leming, 1615 Harpers Ferry
Terry Larsen, 4610 Midsummer Lane
Penny Holmes, 4707 Scrimshaw
Chris Kling, 1511 Wayfarer Lane
Evelyn Covington Smith, 2253 Arrington Road.
Benito Flores Meath, 901 Val Verde Drive
Glenn Rierson, 16805 Calumet Trail
Kathleen Gose, 16388 Woodlake Drive
Sara Jane Jordan, 16400 Woodlake Drive
Adam Klaus, 16820 Woodlake Drive
Patricia Chalupsky, 1403 Harpers Ferry
Norma Guinasso, 1112 Marstellar
Marque' Mathis, 16454 Woodlake Drive
Neil Briers, 3207 Innsbruck
ML Schehin, PO Box 293, Wellborn
Cary Tschirhart, 903 Foster
Mayor Silvia closed the public hearing.
Following the audience input, Council member Maloney made a motion to approve Ordinance
No. 2623 accepting the Comprehensive Plan with the assumption that the emergency access will
be sufficient by Fire Department for Woodlake residents, that another road be provided further
north to connect from Castlegate to Arrington Road, and the alignment at the East Bypass be
removed.
Seconded by Mayor Pro Tem Massey. Motion carried by a vote by 6 -1.
FOR: Silvia, Mears, Massey, Maloney, Hazen, Garner
AGAINST: Happ
11.2: Public hearing, discussion and possible action on an ordinance approving a
Conditional Use Permit — Use & Site for the A &M United Methodist Church Education
and Fellowship building located at 200 College Main.
Council Meetings 4/10/2003 Page 9
Kelly Templin, Director of Development Services, addressed the Council on the request for a
Conditional Use Permit for a 34,300 sq. ft. building for the A &M United Methodist Church. He
described the uses for the facility. Planning and Zoning Commission recommended approval.
Council discussed the subject property and its proximity to nearby restaurants/bars.
Mayor Silvia opened the public hearing.
Robert Forest, owner of Sarges' at 109 College Main and owner of 301 and 303 College Main
spoke about the request. He recommended this item be referred back to P &Z and look at the
Northgate district to provide for compatibility of churches and entertainment businesses to be
located near one another without as many restrictions, possibly changing or eliminating the
distance requirement from churches, schools, etc. and other structures.
Veronica Morgan from Mitchell and Morgan, 511 University Drive East, came forward to
support the request and answer any questions on behalf of the applicant.
Council member Maloney moved to adopt Ordinance No. 2624 approving the conditional use
permit for the A &M United Methodist Church Education and Fellowship building located at 200
College Main. Council member Hazen seconded the motion which carried unanimously, 7 -0.
FOR: Silvia, Maloney, Massey, Hazen, Mears, Happ, Garner
AGAINST: None
11.3: Public hearing, discussion and possible action on an ordinance rezoning the Brazos
Valley Carpet Outlet, Lot 9, Block 1 of the Rock Prairie West Business Park, 2.4 acres
located adjacent to Old Wellborn Road, from A -O, Agricultural Open, to C -2 Commercial
Industrial.
Kelly Templin described the rezoning request. Planning and Zoning Commission recommended
approval.
Mayor Pro Tem Massey opened the public hearing.
Chuck Moreau, 1834 Harris Drive, asked council's support of the ordinance amendment.
Mayor Pro Tem Massey closed the public hearing.
Council member Maloney moved approval of Ordinance No. 2625 rezoning the Brazos Valley
Carpet Outlet, Lot 9, Block 1 of the Rock Prairie West Business Park, 2.4 acres located adjacent
to Old Wellborn Road, from A -O, Agricultural Open, to C -2 Commercial Industrial. Council
member Happ seconded the motion, which carried unanimously, 6 -0.
FOR: Maloney, Massey, Hazen, Happ, Mears, Garner
AGAINST: None
ABSENT: Silvia
Council Meetings 4/10/2003 Page 10
11.4: Presentation, discussion and possible action on an ordinance 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.
OTIS Director Olivia Burnside presented an explanation of the proposed ordinance amendment.
The ordinance amendment authorizes a change to the wastewater rates by establishing a rate for
residential units that do not have kitchen facilities. Staff recommended approval with an
effective date of May 1.
Councilmember Mears moved approval of Ordinance No. 2626 amending Chapter 11, Section
2, Water and Sewer Services by amending certain sections, providing a severability clause, and
providing an effective date of May 1. Motion seconded by Council member Garner, which
carried unanimously, 7 -0.
11.5: Presentation, discussion and possible action on appointments to the Board of
Directors of the College Station Business Development Corporation.
This item was removed from the agenda and will be placed on a future regular agenda.
12. Discussion, review and possible action regarding the following meetings: Brazos County
Health Department, Brazos Animal Shelter, Brazos Valley Council of Governments,
Bryan /College Station Economic Development Corporation, Capital Improvement
t ive 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.
Mayor Silvia reported on the MPO Board of Directors meeting held April 2. Council members
requested a copy of the transportation project list adopted by the Board.
Council members Mears reported that the Capital Improvements Committee held its final
meeting and will be bringing forth a final report to the City Council at an upcoming meeting. He
presented a ranking of all projects reviewed by the Committee.
Discussion was held on Workshop Agenda Item No. 5. Refer to workshop minutes.
Council also reviewed the council calendars.
13. Executive session.
At 10:55 p.m., Mayor Silvia announced that the Council would reconvene into executive session
pursuant to Sections 551.071 of the Open Meetings Act, to seek the advice of the city attorney.
Council Meetings 4/10/2003 Page 11
NI by 14. Final action on executive session, if necessary.
Council returned to the regular meeting. No action was taken.
15. Adjourn.
Hearing no objections the meeting adjourned at 12:15 a.m. on Friday, April 11, 2003.
PASSED AND APPROVED THIS 26 day of June, 2003.
APPROVED:
May on Silvia
ATTEST:
City Secretary Connie Hooks
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