HomeMy WebLinkAbout08/24/2000 - Regular Minutes City CouncilPage 1 of 10
Mayor
Lynn Mcllhaney
Mayor Pro Tempore
Larry Mariott
City Manager
Thomas E. Brymer
City Council
James Massey
Ron Silvia
Winnie Garner
Dennis Maloney
Anne Hazen
MINUTES
College Station City Council
Workshop and Regular Meetings
Thursday, August 24, 2000 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor McIlhaney, Mayor Pro Tem Mariott,
Councilmembers Silvia, Hazen, Maloney, Massey
COUNCIL MEMBER ABSENT' Councilman Garner
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, Assistant to the City
Manager Brandenburg, City Secretary Hooks, City Attorney Cargill, Jr., Budget and Strategic Planning
Manager Kersten, Staff Planner Jimmerson, Senior Planner Kuenzel, Police Lt. Scott Simpson, Finance
Director Cryan, Human Resources Director O' Connell
Mayor McIlhaney called the workshop meeting to order at 3:00 p.m.
Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular Council
Meeting.
Consent Agenda Item No. 12.1 - Minutes of August 10, 2000
Councilman Hazen removed the minutes to clarify the item related to the Health Center. She questioned
the validity of the motions taken during this item discussion at the August 10th regular meeting. She
was unclear at the time of the vote on the amended motion that reduced the funding level to $130,000.
She thought another opportunity should be available to members to vote on the main motion. She
wanted the opportunity to show her support in a vote to the Health Clinic. Mrs. Hazen urged the council
to appoint a parliamentarian. This staff person would give council advice on proper rules to follow
during its proceedings.
City Attorney Cargill, Jr. pointed out that the Council Relations Policy provided for the Mayor to decide
a ruling and if a council member did not agree with the ruling he may appeal to the entire council at that
time.
The majority of the council members felt that the vote taken on the Health Clinic funding level was
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clear. In essence, the amended motion was a substitute motion to reduce the funding level to
$130,000. Council members discussed the treatment of substitute motions. Mayor Mcllhaney stated
that the council has followed a policy that if the substitute motion passes, then the substitute vote stands
and the original motion is not considered.
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Consent Agenda Item No. 12.5 - Southside Decorative Poles and Historic Lighting
Councilman Maloney asked staff if the project was scheduled to move forward on the Historic East
Side. Staff responded that the council would have an opportunity to look at potential funding in the
Utility Fund during the budget process.
Workshop Agenda Item No. 2 - Presentation, discussion and possible action concerning the
feasibility report for a Community Performing Arts Center.
David Romei, Executive Director of the Arts Council began his discussion by reflecting on the existing
public art sculptures displayed throughout the community. Following those comments, Mr. Romei
presented a report on the results of the feasibility study conducted by Pelton, Marsh & Kensella for a
Community Performing Arts Center. Three options were recommended to the Arts Council Board and
a recommended timetable was discussed at the city staff level. Students from the architecture design
classes at A&M will build models to depict the three sites. A selected site is planned for March
2001.
Mr. Romei discussed the offer made by Don Adam of Adam Corporation for the location of a
performing arts center on property located on Highway 30 and 60. Accordingly, the Arts Council shall
continue to proceed with the process to look at viable options in association with this study that began
prior to this pending offer. He emphasized the importance of giving everyone an opportunity for
input.
Also present was Zoe Bailey, Vice President of the Arts Council.
No action was required.
Workshop Agenda Item No. 3 - Presentation, discussion and possible action regarding the venue
project tax to help fund the development of Veterans Park and Athletic Complex.
Finance Director Charles Cryan explained the statutes on venue taxes.
Parks and Recreation Board Chairman Chris Barzilla and Board Member John Crompton presented
several factors that the Board believes are viable reasons to use the venue project tax for the
development of Veterans Park and Athletic Complex. Three reasons were identified:
Urgency to move forward on the project due to demand for usage
Fairness in terms of balancing the use of hotel motel taxes
Savings in terms of construction at today's costs vs. future
construction costs.
Council members raised several issues related to the potential use of the venue tax.
additional information. Some items identified were:
1) Receive input from hotel/motel association
2) Survey other cities that utilize this tax
3) Explore other options available for funding
4) Explore financial debt issuance
5) Impact on ad valorem tax
6) Phased approach
7) Obtain feedback from user groups
8) Other financial issues that pertain to this project
They asked for
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Council directed staff to return with another report after the requested data has been compiled.
Council took a five-minute break.
Workshop Agenda Item No. 4 - Presentation, discussion and possible action on a marketing and
management study of the Convention and Visitors Bureau.
Council returned to the workshop meeting.
Project Manager Cal McNeil from the Chamber of Commerce presented a summary of the proposals
received on a market research and management study for tourism in Bryan-College Station. He
recommended the City and Chamber continue the project by hiring Randall Travel Marketing to perform
the study. It is estimated that College Station's share of the contract may cost between $40,000 and
$54,000. The timeline is approximately 14-16 weeks for completion.
Council directed staff to move forward.
Workshop Agenda Item No. 5 - Presentation, discussion and possible action on the East Bypass
area-planning project.
Senior Planner Lee Battle presented a status report on the East Bypass Area planning project. A public
hearing is scheduled for September 9th before the Planning and Zoning Commission and a final draft
will be brought forward to the City Council for public hearing and consideration on September 28.
No action was required.
Council appreciated Mr. Battle's efforts on this project and thanked him for bringing this information
forward.
Workshop Agenda Item No. 6- Committee Reports
Mayor Pro Tem Mariott stated that he and Tom Brymer are serving on a search committee for the
replacement of Robert Worley, former Executive Director of the EDC.
Councilman Massey reported that the Legislative Affairs Committee met with the City of Bryan
officials. It was a productive meeting. The committee also met with CSISD Board of Trustees. They
discussed future joint projects.
Councilman S ilvia stated that the Health Department met to discuss the budget. He reported that the
Brazos County Health Department returned the tobacco money to the Texas Department of Health
Tobacco and Prevention Control because it was impossible to establish beneficial programs within two
months. He noted that most county health departments responded in the same manner. This money will
be routed through the Brazos Valley Council of Governments for other uses.
City Manager Brymer stated that he is working on an item related to cooperative joint projects with
other entities for a future council meeting.
Workshop Agenda Item No. 7-- Council Calendars
Budget Meeting, 8/23, 3'00- 4:45 p.m.
Budget Meeting, 8/29, 3'00- 5:00 p.m.
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TML Region 10 Meeting, 8/31, Smithville
Brunch with the Mayor, 9/1, 11 '30 a.m.- 1 '00 p.m.
Citizen Committee Picnic, 9/11, 6'30 p.m.
Budget Meeting, 9/6, 3:00- 5:00 p.m.
Council Workshop and Regular Meetings, 9/14
State of the Cities Symposium, 9/21-9/22, Austin
Annual Texas Municipal League Conference, 11/13-11/18, Austin
National League of Cities, 12/5 - 12/9, Boston
Workshop Agenda Item No. 8 -- Hear Visitors (5:45 p.m.)
Mike Luther, 614 Welsh Avenue made reference to a letter he wrote to council dated August 17. The
letter included indicators to identify rental property for the development of a solid GIS database.
Ron Fulton, incoming President of the Hotel/Motel Association, addressed concerns about the proposed
venue tax.
Workshop Agenda Item No. 9 -- Executive Session
At 6:04 p.m., Mayor Mcllhaney announced that the College Station City Council would convene into
executive session pursuant to Sections 551.071, 551.072, and 551.086 of the Open Meetings Act to seek
the advice of the City Attorney with respect to pending and contemplated litigation, to discuss the
purchase of real estate, and discuss economic development negotiations.
Pending and Contemplated Litigation {Gov't Code Section 551.071};possible action
The City Council may consider pending and contemplated litigation subjects. The following subjects
may be discussed:
Cause No. 43,098-85, Brazos County-Bryan v. College Station
Cause No. 96-03168, Travis County- Bryan, et al. v. PUC (intervention)
Cause No. 97-02587, Travis County - Bryan, et al. v. PUC (intervention)
Cause No. 98-13391, Travis County - Bryan, et al. v. PUC (intervention)
Cause No. 96-06940, Travis County - Bryan, et al. v. PUC (intervention)
Cause No. 97-07000, Travis County- TMPA v. PUC (intervention)
Cause No. 98-11817, Travis County - TMPA v. PUC (intervention)
Cause No. 49,367-CCL2, Brazos County- Wilkerson v. College Station
Civil Action No. 01-98-01056-CV, Court of Appeals - Gold v. College Station
Docket Nos. TX96-2-000 and TX96-2-001, FERC- College Station, applicant
Cause No. 377-CC, Brazos County - College Station v. Annie Mae Hughes, et al.
Cause No. 50,813-85, Brazos County- College Station v. Phillips Swager Associates, Inc.; et al.
TXU Gas Distribution Rate Request
TXU Gas Pipeline Rate Request
Real Estate {Gov't Code Section 551.072}; possible action
a. Business Center Site Acquisition
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Economic Development Negotiations {Gov't Code Section 551.086}; possible action
a. Hotel Conference Center
b. Recruitment for Hotelier for College Station
Council returned from executive session to regular session at 7'05 p.m.
Regular Meeting
No action was taken.
Mayor McIlhaney called the regular meeting to order at 7:10 p.m. with all council members present
except Council member Garner. She led the audience in the pledge of allegiance. Rev. Gerald
Williams provided the invocation.
Mayor Pro Tem Mariott made a motion to accept the absence request from Council member Winnie
Garner. Motion seconded by Councilman Massey, which carried unanimously, 6-0.
Consent Agenda
12.1 Approved by common consent the minutes for workshop and regular meeting on
August 10, 2000.
12.2 Bid No. 98-78: Approved by common consent the renewal of annual contract for electric meters.
Awarded contract with Wesco Distribution, Inc. for an estimated annual expenditure in the amount of
$61,837. Funds available in electric inventory account fund and expensed as used.
12.3 Bid No. 00-98: Approved by common consent the purchase of two police motorcycles. Awarded
to lowest, responsible bidder meeting specifications, Russ-Welch Harley Davidson for the purchase
price amount of $27,396 and a total cost bid of $7,396. Funds available and budgeted in the Fleet
Replacement fund in the amount of $28,000.
12.4 Bid No. 00-104: Approved by common consent the purchase of decorative light poles and
fixtures. Awarded to lowest responsible bidder meeting specifications, Dealers Electric in the amount of
$25,055.78. Funds available and budgeted in Electric Fund.
12.5 Bid No. 00-107: Approved by common consent an annual agreement for various light poles and
fixtures. Awarded to each low bidder, Wesco for $162,084 and Techline, Inc. for $38,100.
12.6 Approved by common consent a resolution determining public necessity, giving notice of said
determination, and establishing procedures for acquisition of certain parties for the Bee Creek
Channelization project.
12.7 Approved by common consent a public hearing scheduled for September 14, 2000 for Budget
Amendment #2 in the 1999-2000 budget authorizing an increase in appropriations of $5,944,219 in
various funds.
12.8 Approved by common consent a real estate contract for purchase of and improvements on the
property at 101 George Bush Drive East. Contract is in the amount of $44,000. Funds available in
George Bush East widening project.
12.9 Approved by common consent a real estate contract for the purchase of and improvements on the
property at 105 George Bush Drive East. The contract is in the amount of $42,000. Funds available in
the George Bush East widening project.
12.10 Approved by common consent Change Order No. 1 in the amount of $30,000 to Mitchell &
Morgan, L.L.P. for additional design services on the Church Avenue Rehabilitation Project (Project No.
ST-0004) of improvements to Second Street. Funds available in the Northgate Parking Fund.
12.11 Approved by common consent the bank depository bids received by the City on July 21, 2000,
effective date October 1, 2000, and to remain effective for three fiscal years through September, 2003.
12.12 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 Fire Station #1 Litigation to Coats,
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Rose, Yale, Ryman & Lee PC for an estimated $50,000.00. Funds available in the Property Casualty
Fund.
12.13 Approved by common consent the renewal of four utility easements located on the Texas A&M
University System property.
12.14 Approved by common consent the approval of Amendment 2, in the amount of $431,900,
Professional Services Contract number 99-199 authorizing recommended additions to the Scope of
Services provided by Malcolm Pirnie, Inc., to include professional services for the engineering design
and construction management of the Westside Utilities Water Distribution Pipeline Project.
12.15 Approved by common consent the request to place off-premise signs on City property that will
announce the 2000 United Way Campaign. The request is for the allowance of temporary banners to be
placed at the water tower fence at Holleman and Texas Avenue and the water tower fence on University
Drive for the months of September and October.
Regular Agenda
Regular Agenda Item No. 13.1 -- Public hearing, discussion and possible action on an ordinance
rezoning approximately 5.08 acres located adjacent to the Raintree Subdivision from R-1 Single
Family Residential and A-O Agricultural/Open Space to R-1 Single Family Housing.
Senior Planner Sabine Kuenzel presented the staff report. She explained that the applicant prepared the
property for a single-family development on 5.08 acres that is part of a larger 14.23 acre tract. Seven
residential occupied lots abut the furore development.
Staff recommended denial of the R-1 Single Family Residential without prejudice in order to give the
applicant the opportunity to return with either an R-1B or single family PDD-H for the entire 14.23
acres.
Planning and Zoning Commission held a public hearing on August 3 and recommended approval of the
R-1 request by a vote of 5-2 with the condition that the floodway remain zoned A-O Agricultural Open.
Staff responded to questions by council members about the proposed lot sizes and floodway related
matters.
Mayor McIlhaney opened the public hearing.
Greg Taggart from Municipal Development Group urged council to rezone the property to R-1 Single
Family Residential.
The following audience members spoke in opposition to the request.
Sherry Ellison, 2711 Brookway
Arthur Bright, 7701 Sherman Ct.
Charles Hamilton, 7714 Appomattox
Carla Young, 2711 Red Hill
Boyce Sorell, 7704 Sherman Ct.
Amy Tremblay, 2715 Wilderness
Mayor McIlhaney closed the public hearing.
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Councilman Silvia made a motion to table this item until the council has reviewed the East Bypass
Neighborhood Plan. Motion seconded by Councilman Maloney, which carried 5-1.
Council members expressed comments about access to the development and matters related to drainage.
FOR: McIlhaney, Maloney, Massey, Silvia, Hazen
AGAINST' Mariott
ABSENT: Garner
Regular Agenda Item No. 13.2 -- Public hearing, discussion and possible action on an ordinance
rezoning approximately 6.202 acres in Steeplechase Phase 3 located at the intersection of
Wellborn and Navarro Roads from C-1 General Commercial;
C-N Neighborhood Business, R-2 Duplex Residential; and A-O Agricultural Open to C-1 General
Commercial and R-3, Townhouse.
Staff Planner Jessica Jimmerson presented the staff report. Staff recommended approval of the
rezoning with buffers as recommended by P&Z. P&Z recommended a 15 foot buffer area between the
R-3 and C-1 and between the adjacent C-O and C-1 with a 6 foot wooden fence having masonry
columns and substantial landscaping in the buffer area. Staff suggested applying the 25 foot R&D
buffer area requirements to satisfy the landscape guidelines.
Mayor McIlhaney opened the public hearing.
John Duncum, 16055 FM 2154 addressed the Council. He concurred with staff recommendations.
Mike McClure, 9262 Brookwater Circle, explained the traffic flow to the property.
The following audience members spoke in opposition to the rezoning.
Carl Vargo, 2902 Cortez Ct.
Benito Flores-Meath, 901 Val Verde
Mayor McIlhaney closed the public hearing.
Mayor Pro Tem Mariott made a motion to approve Ordinance No. 2464 with staff recommendations
and Planning and Zoning Commission recommendations to rezone two tracts of land totaling 6.202
acres, being situated in the Crawford Burnett Survey, Abstract 7, College Station, Brazos County, Texas
from C-1 General Commercial, C-N Neighborhood Business, R-2 Duplex Residential and A-O
Agricultural Open to C-1 General Commercial and R-3 Townhouse. Motion seconded by Councilman
Massey and carried unanimously, 6-0.
FOR: McIlhaney, Mariott, Massey, Silvia, Maloney, Hazen
ABSENT: Garner
Council recessed for five minutes.
Regular Agenda Item No. 13.3 -- Public hearing, discussion, and possible action on a
proposed ordinance that would grant TXU Gas Distribution a 4.43% increase in gas rates.
Council returned to the meeting.
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CIS Manager Charlie Shear explained that on January 14, 2000, TXU Gas filed a statement of intent
with the cities of College Station and Bryan to increase residential and commercial rates by 14.47%.
On January 27, 2000 the College Station City Council suspended the rate increase to allow for further
review. The Cities of College Station and Bryan hired consultants to review the rates and a
compromise was reached. The proposed ordinance provides for the compromise, which reflected an
equal percentage increase to all customer classes of 4.51% before consideration of a decrease in service
charges that led to an agreed system average increase of 4.43%.
Mayor McIlhaney opened the public hearing.
TXU Representative Don Fazzino came forward to express his support of the proposed
ordinance.
Mayor Pro Tem Mariott expressed dissatisfaction with the level of customer service outside the local
office. He explained the difficulty for customers to access the local office. It was suggested a letter
from the City expressing these concerns may be helpful for Mr. Fazzino to convey to the corporate
office.
Mayor McIlhaney closed the public hearing.
Councilman Silvia made a motion to approve Ordinance No. 2465 finding after reasonable
notice and hearing that TXU gas distribution rates and charges within the City should be
changed; determining just and reasonable rates; rejecting plan investment and cost of service automatic
adjustment clauses; approving adjustment factors for weather normalization, franchise fees, taxes and
other governmental impositions; providing for recovery of rate case expenses; preserving regulatory
rights of the city; ordering that this ordinance be served on TXU Gas Distribution; providing for repeal
of conflicting ordinances. Motion seconded by Mayor Pro Tem Mariott, which carried unanimously, 6-
0.
FOR: McIlhaney, Mariott, Massey, Silvia, Hazen, Maloney
ABSENT: Garner
Regular Agenda Item No. 13.4 --Public hearing, discussion and possible action on the City of
College Station 2000-2001 Proposed Budget.
Mayor McIlhaney opened the public hearing. No one spoke. She closed the public hearing.
No action was required on this item.
Regular Agenda Item No. 13.5 -- Discussion and possible action to call a public hearing on the
proposed ad valorem tax rate for fiscal year 2000-2001 at the current tax rate of $0.4293 per $100
valuation.
Mayor Pro Tem Mariott made a motion to schedule a public hearing on September 14, 2000 on the
proposed ad valorem tax rate at the current tax rate of $0.4293 per $100 valuation. Motion seconded by
Councilman Massey, which carried unanimously, 6-0.
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Regular Agenda Item No. 13.6 -- Discussion and possible action on an ordinance prohibiting the
leaving of animals in vehicles when the temperature is above 75 degrees.
Police Lt. Scott Simpson of Special Services described the ordinance. The proposed ordinance
allows action prior to the time than animal is in distress. This provision is in addition to
requirements cited in the Texas Penal Code.
Councilman Maloney made a motion to approve Ordinance No. 2466 to provide that no person shall
leave an animal confined in a motor vehicle or trailer without adequate ventilation, when the outside air
temperature is seventy-five degrees Fahrenheit, or above. Motion seconded by Mayor Pro Tern
Mariott, which carried unanimously, 6-0.
Regular Agenda Item No. 13.7 -- Discussion and possible action on appointment to
Construction Board of Adjustments/Building Standards Commission.
Mayor Pro Tem Mariott made a motion to appoint Larry Patton for a two-year term to the Construction
Board of Adjustments. Motion seconded by Councilman Silvia, which carried unanimously, 6-0.
Regular Agenda Item No. 14 -- Council Monitoring Report
Mayor Pro Tem Mariott monitored the council meeting and reported the meeting was productive and
followed procedures.
Regular Agenda Item No. 15 and 16 - Executive Session.
Council concluded its executive session prior to 7:00 p.m. No action was taken.
Hearing no objection, the meetings were adjourned at 9:21 p.m.
PASSED AND APPROVED this 14th day of September, 2000
APPROVED:
ATTEST:
City Secretary Connie Hooks
Mayor Lynn McIlhaney
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