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HomeMy WebLinkAbout11/11/1999 - Regular Minutes City CouncilMayor 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, November 11, 1999 at 4:00 p.m. and 7:00 p.m. College Station City Hall COUNCILMEMBERS PRESENT:Mayor McIlhaney, Mayor Pro Tem Mariott, Council- Members Silvia, Garner, Maloney, Massey STAFF PRESENT: City Manager Brymer, Assistant to the City Manager Broussard, City Secretary Hooks, City Attorney Cargill, Jr., Public Relations and Marketing Manager Chapman, Fire Chief Giordano, OTIS Director Piwonka, Development Services Director Callaway, Building Official Simms Aeenda Item No. 1 - Discussion of consent agenda items listed for regular council meeting, Three items were removed for discussion. 11.3: Ordinance amendment dissolving the Electrical Examining Board. Building Official Lance Simms explained the purpose of the amendment and the current procedures. 11.6: Consulting Services for Marketing Communication Plan. Public Relations and Marketing Manager Chapman explained the goal of the project would give the city a focused direction to maximize its communication efforts to inform citizens of programs and activities. 11.9: Employment agreement with City Manager Tom Brymer. Changes were proposed to page 3, second paragraph. Typographical changes were made on page 2, Section 3. Action on this item will be taken at the regular meeting, consent agenda. A~,enda Item No. 2 - Presentation~ discussion and possible action on centralized customer service~ Council Strategic Issue No.18. OTIS Director Linda Piwonka presented several options to improve customer services by enhancing the manner that services are provided via the use of technology as well as providing enhanced call center services. Council provided feedback and decided not to pursue the implementation of this plan at this time. They felt the city is providing effective services due to Council Meetings 11/11/99 Page 2 the 94% rating in the customer survey. Ms. Piwonka stated that the city staff is always continually studying better ways to provide services. Aeenda Item No. 3 - Presentation~ discussion and possible action regarding a policy for city participation in upgrading private alleys and accepting them as public infrastructure. Public Works Director Mark Smith presented information regarding requests from citizens that the City of College Station participate in making repairs to private alleys that would bring them up to current city standards. He stated that public funds are not allocated toward improvements of private alleyways. Once the alleys are brought up to standard then the City would assume maintenance responsibility for the alleys. The areas within the city that are in poor condition are alleys that are 10 years or older. Mr. Smith discussed a recent request from the Chimney Hills Business Park Association. Council discussed the importance of developing a policy addressing these situations. Richard Smith, business owner in Chimney Hill Business Park presented pictures of the damaged alleyway at the business park and adjacent to the Chimney Hill town homes. He addressed their request for city participation. Shelby Lee, President of the Chimney Hill Homeowners Association commented that the association would contribute to the expense of repairs. Councilmembers emphasized the importance of receiving 100 percent participation by the business owners. Discussion was held on petition paving assessments. Councilman Massey acknowledged that he felt that the city should be responsible for damages to private driveways attributable to city vehicles. He expressed concerns that a City "private driveway repair policy' may diminish the incentive for the private sector to perform periodic maintenance on their facilities. He felt that such a policy may contribute to the expectation that the city would automatically participate in such repair costs. Additionally, he wanted to be assured that any repairs made to the driveway in question was done only after its relative need was known (i.e. are there other damaged driveways in the city that have a greater need.) Councilman Garner made a motion to direct staffto negotiate with the Chimney Hill business owners' and homeowner's association in addressing this situation to bring the alleyway up to city standards. This item will be brought back to council for final approval. Motion seconded by Councilman Massey. Mayor Pro Tem Mariott made an amended motion to direct staffto negotiate the best deal possible. Ifa deal is not acceptable to the staff, then the terms of the agreement should be brought back to council for discussion. Motion seconded by Councilman Silvia. He added that the council's goal is 100 percent. Staff.was also asked to bring back a funding source and inventory of alleyways in similar conditions. Council Meetings 11/11/99 Page 3 The vote on the amended motion carried unanimously, 7-0. Agenda Item No. 4 - Committee Reports Councilman Hazen reported on a meeting that she and Councilman Silvia attended regarding the use of state tobacco money. Both cities have been designated as possible recipients as part of the state's tobacco revenue disbursements to local entities. Agenda Item No. 5 - Agenda Request by Councilmembers Councilman Maloney asked to place electric rates on a future workshop meeting. Council concurred. Councilman Maloney inquired about the ordinance regarding notification to property owners on mowing of grass on private property when height exceeds ordinance requirements. City Manager Brymer mentioned that the bylaws of the College Station Business Development Corporation would be placed on the December workshop. Agenda Item No. 6 - Council Calendars Council reviewed the following events and meetings. Special Joint Meeting, P&Z, ZBA, 11/8 and 11/9 Utility Service Center, 5:00 p.m. Texas Municipal League Annual Conference, 1117-11/20 Dallas Legislative Committee Meeting, 11/10 Brazos Center, 7:00 - 9:00 p.m. Christmas Open House, 12/8, Teen Center, 4:00 - 6:00 p.m. Council Workshop and Regular Meetings, 12/9 Agenda Item No. 7 - Hear Visitors No one registered to speak. Agenda Item No. 8 - Executive Session Mayor McIlhaney announced that the College Station City Council would convene into executive session pursuant to Sections 551.071, 551.074, and 551.086 to seek the advice of the city attorney with respect to pending and contemplated litigation, to discuss the appointment and evaluation of public officers, and to consider economic development negotiations. Pending and Contemplated Litigation {Gov't Code 551.071 } 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) Council Meetings 11/11/99 Page 4 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 - Bryan, et al v. PUC (intervention) Cause No. 40,1420-85, Brazos Co. - Anderson & Esmond v. College Station and Connie Hooks Cause No. 49,367-CCL2, Brazos Co. - Wilkerson v. College Station Civil Action No. 01-98-01056 - CV, Court of Appeals - Gold v. College Station Civil Action No. H-97-2532, U.S. District Court- Lewis v. College Station Civil Action No. H-980847, U.S. District Court - Boriskie v. College Station Docket No. 96-2-000, FERC - College Station, applicant Cause No. 49,989-85 - John Lofferelli v. College Station Personnel {Gov't Code 551.074} Evaluation of Zoning Board of Adjustments Economic Development Negotiations {Gov't Code 551.086} Private Dormitory in Northgate Council returned from executive session to begin the regular meeting. Reeular Meetine Mayor McIlhaney called the meeting to order at 7:03 p.m. She led the audience in the pledge of allegiance. City Manager Tom Brymer provided the invocation. Members of the City's Purchasing Staff received the 1999 Excellence in Purchasing Award. Those staff members present were: Cheryl Tumey, Joan Finke, Cynthia Sculli, and James Polasek. Dr. Craig Carter of American Legion Post 159 accepted the proclamation for Veteran's Day read by Mayor McIlhaney. Consent Agenda 11.1 Approved by common consent the minutes for city council workshop and regular meeting, October 28, 1999. 11.2 Bid No. 00-12 Approved by common consent the purchase of a 50kW Diesel Generator, trailer mounted. Awarded to lowest, responsible bidder meeting specifications, Await Rentals for $24,603.31. Funds available and budgeted in Replacement Fund. 11.3 Approved by common consent Ordinance No. 2419 amending Chapter 3, Building Regulations of the Code of Ordinances of the City of College Station, Texas bY amending certain sections as set out in the ordinance, providing a severability clause, and declaring a penalty. Ordinance provided for the dissolution of the Electrical Examining Board. Council Meetings 11/11/99 Page 5 11.4 Approved by common consent the approval of exemptions listed below from competitive bidding as described more fully in LGC 252.022(1)(7), a procurement of items available from only one source. · City of Bryan (Utilities for Well #2, #3, #4, #5) · District Attorney (Narcotics Task Force) · City of Bryan (disposal of clean green yard waste) · City of Bryan (transportation expenses) · B.C. Appraisal District (property appraisal services) $660,000 16,670 32,000 50,000 97,000 11.5 Approved by common consent a request for oversize participation in the amount of $7,309 for extension of a 12 inch waterline from the intersection of Harvey Road and SH 158, northwest approximately 250 feet along Highway 158. Line to be constructed with Final Plat for the Super "B" subdivision. 11.6 Approved by common consent a contract for consulting services with Shapiro & Company for the marketing communications campaign and implementation plan. Approved by common consent a general fund contingency transfer in the amount of $19,200. Funds available and budgeted in Electric, Water, Wastewater, and Sanitation Fund. 11.7 Approved by common consent a resolution supporting the College Station Soccer Club's application for grant funds from United States Soccer Foundation. Funds used to install lighting on four soccer fields at Veterans Park and Athletic Complex. 11.8 Approved by common consent the contract with Texas A&M College of Architecture for development of an easement layer in the City's GIS. Contract not to exceed $28,000. Funds available and budgeted in FY 2000 budget. 11.9 Approved by common consent an employment agreement with Thomas E. Brymer for the position of City Manager for the City of College Station. Changes to the agreement were agreed upon during the workshop session. The contract included those changes. 11.10 Approved by common consent a resolution approving a service contract with Texas Engineering Experiment Station for Cultural Resources Inventory/Survey of Lick Creek Park, Veterans Park and Athletic Complex. Funds available from the 1998 bond funds. 12.1 Public hearing, discussion and possible action on rezoning request from A-P Administrative Professional to C-B Business Commercial for property located in the Henton Subdivision between Lincoln Avenue and University Drive- Development Services Director Jim Callaway presented the staff recommendations. Staff recommended approval of the rezoning with the condition that a buffer is established meeting the R&D buffer requirements wherever the newly created C-B and the adjacent R-4 meet and that no penetration occur for vehicular access. Planning and Zoning Commission recommended Council Meetings 11/11/99 Page 6 condition that the buffer not be required to run through the drainage basin but that the buffer be placed outside the parameters of the basin. Mayor Mcllhaney opened the public hearing. Chuck Ellison, attorney representing the developer agreed with the staff recommendations. Stephen Miller, 905 Munson expressed concern about the location of duplexes. Mayor Mcllhaney closed the public hearing. Motion made by Councilman Silvia to approve Ordinance No. 2420 rezoning a tract of land totaling 2.06 acres being 191.89 feet of lots 1 and 2 of the Henton Subdivision, in College Station, Brazos County, Texas from A-P Administrative Professional to C-B Business Commercial with the staff recommendation noted above. Motion seconded by Mayor Pro Tem Mariott, which carried unanimously, 7-0. 12.2 Public hearing~ discussion and possible action on an ordinance amending the Wolf Pen Creek Zoning District regulations. Jim Callaway stated that in June 1998, council adopted the revised Wolf Pen Creek Master Plan. An ordinance amendment implementing the land use portion of that revised plan was presented to P&Z and Council subsequent to that action. The amendment was adopted by the P&Z and denied by a 5-1 vote of council. A petition had forced a 3A vote at the Council level that required at least six members to vote in favor. In June of this year, P&Z directed staff to bring forth the amendment again. The P&Z held a hearing in August and tabled the amendment directing staff to rework the ordinance to clarify some of the language. On October 21, the P&Z held a hearing. At that hearing, Paul Clarke spoke in opposition stating that it would be unfair to add more regulation on this area before the infrastructure portions of the master plan are implemented. P&Z recommended approval of the ordinance amendment by a 4-3 vote. Proposed amendment defines large and small retail development, and further clarifies permitted uses, prohibits residential uses, role of design review board, and provides additional design criteria. The ordinance provided several housekeeping items: · Provides definitions of large retail development, small retail development and pedestrian character and provides additional design criteria to address the aesthetics of the exterior building and parking lot. Commission felt that aesthetics is a more critical issue than the specific use that might go in any given space. · Prohibits any one individual retail space over 20,000 square feet. Council Meetings 11/11/99 Page 7 Lists as permitted uses only those apartments built before July 1, 1998 Gives the Design Review Board more authority to decide minor changes to existing sites such as when an owner repaints a building or modifies signage. This change streamlines a part of the process. Mr. Callaway mentioned that staff had not received any comments in writing from developers or property owners. He added that the developers and property owners were involved in the process via the public hearings held at P&Z. Mayor McIlhaney opened the public hearing. Paul Clarke, developer and property owner criticized the ordinance amendment as written. He outlined several pages of recommended changes. Bart Munro, 6480 Waterway indicated that he has not received any notification of public meetings. He is a landowner in Wolf Pen Creek. Clint Schroff, 425 Chimney Hill Drive and property owner in Wolf Pen Creek expressed dissatisfaction with the process to date. Chris Pesek, 4634 W. Alabama property owner urged council to receive the developer's comments about the impact of this amendment on future development in WPC. Chuck Ellison, 2902 Camille urged council to vote against the ordinance amendment and refer this back to committee. Wayne Rife, 9255 Brookwater Circle and Chairman of the Planning and Zoning Commission stated the commission's opinions about the process to date. Hearing no one else, Mayor McIlhaney closed the public hearing. Councilman Hazen made a motion to table this item and return back to the Planning and Zoning Commission. Staffwas directed to work with the developers and property owners addressing their concerns. She withdrew her motion. Mayor Pro Tem Mariott made a motion to refer this item back to a subcommittee of the Planning and Zoning Commissioners to meet with the landowners and come up with an agreement that could be a win-win approach to Wolf Pen Creek development. Seconded by Councilman Hazen, which carried unanimously, 7-0. Council Meetings 11/11/99 Page 8 12.3 Discussion and possible action on a resolution casting 388 votes for Brazos County Appraisal District Board of Directors. Mayor Pro Tem Mariott made a motion to approve the resolution casting its 388 votes for Bob Joiner for the office of Brazos County Appraisal District Board of Directors. Motion seconded by Councilman Garner, which carried unanimously, 7-0. 12.4 Discussion and possible action on the 1999 Gainsharing Distribution Mayor Pro Tem Mariott made a motion to approve the staff recommendation to allocate from the budget a gainsharing distribution to 550.25 employees, $336,203. Motion seconded by Councilman Garner, which carried unanimously, 7-0. 12.5 Discussion and possible action on consulting services contract for compensation consultant to conduct a pay plan study. Councilman Maloney made a motion to approve the staff recommendation to contract with a consultant to conduct an audit of the city's current pay plan; to conduct a salary and benefits survey; and to assist in recommending an overall compensation strategy. Motion seconded by Mayor Pro Tem Mariott, which carried unanimously, 7-0. 13. Council Monitoring Report: Councilman Garner presented comments about the meetings. The council was prepared and the committee reports were useful. She suggested council ask questions of staff prior to the meeting, if possible. 14. Executive Session Mayor McIlhaney announced that the council-would reconvene into executive session pursuant to Sections 551.071, 551.074, and 551.086 of the Open Meetings Act to seek the advice of the city attorney with respect to pending and contemplated litigation matters, to consider the appointment and evaluation of public officers, and to consider economic development negotiations. Council returned to closed session at 8:45 p.m. Councilman Silvia was absent. 15. Action on executive session. Council returned to open session at 10:15 p.m. No action was taken. 16. Adjourn Hearing no objection, the meetings were adjourned at 10:15 p.m. Council Meetings 11/11/99 Page 9 PASSED AND APPROVED THIS__9t~ day of December, 1999. ~"~TEST: - ~\_~ ~y"S6cfetar~ Connie'Hooks APPROVED: ~Iay0/dLynn McIlhaney GUEST REGISTER WORKSHOP MEETING OF THE CITY COUNCIL THURSDAY, NOVEMBER 11, 1999 4:00 P.M. 5. 15. 6. 16. 7. 17. 8. 18. 9. 19. 10. 20. GUEST REGISTER REGULAR MEETING OF THE CITY COUNCIL THURSDAY, NOVEMBER 11, 1999 7:00 P.M.. 19. ;..,E / /,- ..... 20. ¢~ 2 GUEST REGISTER REGULAR MEETING OF THE CITY COUNCIL THURSDAY, NOVEMBER 11, 1999 7:00 P.M.. 4. 11. 12. 13. 14. 15. 16. 17. 18. 19. 10. 20.