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HomeMy WebLinkAbout02/23/2006 - Regular Minutes City Council Mayor Council Members N '' Ron Silvia Ben White Mayor Pro Tempore Ron Gay John Happ Susan Lancaster Interim City Manager Chris Scotti CITY OF COLLEGE STATION Glenn Brown Nancy Berry Minutes College Station City Council Workshop and Regular Meetings Thursday, February 23, 2006 at 3:00 and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor Silvia, Council members, Happ, White, Gay, Lancaster, Scotti, Berry STAFF PRESENT: Interim City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Assistant City Secretary Casares Mayor Silvia called the meeting to order at 3:00 p.m. Workshop Agenda Item No. 1 -- Presentation, discussion, and possible action on items ftr listed on the consent agenda. 10.2 — Presentation, possible action, and discussion on approving an annual agreement for the purchase of Tires, bid No. 06 -46, awarding a contract to Grays Wholesale tires from an amount of $55,178.10. Purchasing Services Manager Cheryl Turney described the statutory provision that allows the City Council to consider a local business, if the business is within the municipality and bid is within 5% of the low bidder. After a brief discussion, Council directed staff to prepare a resolution establishing a policy purchasing products locally. 10.6 — Presentation, possible action, and discussion regarding a resolution designating the Request for Competitive Sealed Proposal as an alternative delivery method for the Fire Station No. 3 Relocation Project (Project No. GG- 0401). Assistant Director of Public Works Charles McLemore illustrated the alternative delivery method for the Fire Station No. 3 Relocation Project. 10.13 — Presentation, possible action, and discussion regarding the approval of a resolution replacing Resolution No. 05- 25 -88 -12 which established the Bryan/College Station Joint Relief Funding Review Committee. City Council Meeting 2/23/06 Page 2 Council member Lancaster requested to remove this item from the consent agenda for discussion of Workshop Agenda Item No. 3. 10.14 — Presentation, possible action, and discussion on a resolution creating the college Station Outside Agency Funding Review Committee. Council member Lancaster requested to remove this item from the consent agenda for discussion of Workshop Agenda Item No. 3. 10.15 — Presentation, possible action and discussion regarding the approval of a Resolution accepting from the Governors Division of Emergency Management (GDEM) the 2004 State Homeland Security Sub - recipient Grant funds in the amount of $51,918.70 and naming a city staff member as manager of those grant funds. Fire Chief Alley noted that the grant funds are utilized for purchase of equipment to enhance our response capabilities to terrorist threats or catastrophic events. Workshop Agenda Item No. 2 -- Presentation, possible action, and discussion on a proposed timeline for the FY 07 Outside Agency funding process. Director of Finance and Strategic Planning Jeff Kersten remarked that the resolution would establish a Citizen Committee to review all Outside Agency funding applications that are not eligible for Community Development Block Grants. Staff recommended that the Committee consist of seven citizens. Mr. Kersten presented an overview of the 2007 proposed timeline. Staff recommended adoption of the resolution establishing the College Station Outside Agency Funding Review Committee. Council member Lancaster moved to table this item until the public had the opportunity to respond in a public hearing. Mayor Silvia seconded the motion, which failed by a vote of 3 -4. For: White, Lancaster, Silvia Against: Happ, Gay, Scotti, Berry Barry Biggar, Executive Director of the Brazos Valley Convention Bureau made comments regarding the timeline for the 2007 Outside Agency funding process. Council member Gay made a motion to move forward with the creation of the Outside Agency Funding Review Committee. The Committee shall exclude from their review those organizations who receive a majority of their funds from the Hotel/Motel tax, General Fund and/or have Council members serving on the Board of Directors. Council member White seconded the motion. City Council Meeting 2/23/06 Page 3 [ Council member Berry amended the motion to inform all of the outside agencies that have �r contracts with the City of College Station that a public hearing will be held at a future council meeting. Council member White seconded the motion. Following further discussion, the vote failed 0 -7. FOR: None AGAINST: Silvia, Happ, White, Gay, Lancaster, Scotti, Berry Council member Gay called for the vote to stop the debate. Council member Berry seconded the motion, which carried by a vote of 6 -1. FOR: Silvia, White, Gay, Scotti, Berry, Lancaster AGAINST: Happ Council member Gay repeated the main motion to move forward with the creation of the Citizens Committee and exempt from the Citizen Committee review, the organizations who receive majority of their funds from the Hotel /Motel tax fund, General fund, or have designated Council members to serve on the Board of Directors. Council White seconded the motion. Council member Gay amended his motion to remove the Hotel/Motel and general fund language from the motion. He moved to approve the time line as submitted by staff. Council member Happ seconded the motion. Council member Lancaster moved to amend the amended motion to inform all of the outside agencies that have contracts with the City of College Station of the new timeline. Motion failed for a lack of a second. Council member Gay repeated his amended motion to remove the Hotel/Motel fund and General fund language portion from his original motion. He moved to approve the time line submitted by staff. Council member Happ seconded the motion. FOR: Silvia, Happ, White, Gay, Scotti, Berry AGAINST: Lancaster Workshop Agenda Item No. 3 — Presentation, discussion, and possible action on future agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. This item was postponed until after the regular meeting. Workshop Agenda Item No. 4 — Council Calendars ( Feb 17 CS Fire Department Annual Employee Banquet, Pebble Creek, 6:30 — 9:00 pm City Council Meeting 2/23/06 Page 4 Feb 20 IGC Meeting — Noon — City of Bryan Feb 23 Council Portraits 1:45 p.m. — Council Chambers Feb 23 Workshop and Regular Council Meeting — 3:00 p.m. Feb 23 Community Impact Award Luncheon Briarcrest Country Club 11:45 - 1pm Feb 24 20 Anniversary of the MSC Leland T & Jesse W. Jordan Institute for International Awareness, Annenberg Presidential Conference Center, 5:30 pm to 7:00 pm Feb 27 TxDot Informational Meeting — BVCOG Offices — 9:00 a.m. — noon Feb 27 Reception for City Manager Candidates — Hilton — 7:00 -9:00 p.m. Feb 28 City Manager Candidate Interviews, CS Conference Center 7:30 am 5:00 pm Feb 28 5 Annual Growth & Development in Brazos County, Briarcrest Country Club 11:30am- 2:OOpm Mar 2 Groundbreaking at Veterans Park & Athletic Complex (Phase II Project) - 5:30 pm to 6:30 pm Mar 4 2006 Clara Mounce Roast, Pebble Creek Country Club, 11:00 am to 2:00 pm Mar 9 Workshop and Regular Meeting of City Council 3:00 pm This item was postponed until after the regular meeting. Workshop Agenda Item No. 5 — Discussion, review and possible action regarding the following meetings: Brazos County Health Dept., Brazos Animal Shelter, Brazos Valley Council of Governments, Cemetery Committee, City Center, Design Review Board, Facade Improvement Program Advisory Committee, Fraternal Partnership, Historic Preservation Committee, Intergovernmental Committee and School District, Joint Relief Funding Review Committee, Library Committee, Making Cities Livable Conference, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Sister City Association, TAMU Student Senate, The Research Valley Partnership, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board, Zoning Board of Adjustments, (see attached posted notices for subject matters). This item was postponed until after the regular meeting. Workshop Agenda Item No. 6 — Executive Session At 4:34 p.m., Mayor Silvia announced in open session 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 our attorney with respect to pending and contemplated litigation, 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 a. TCEQ Docket No. 2002 - 1147 -UCR, Applications of Brushy Water Supply and College Station (Westside/Highway 60) b. TCEQ Docket No. 2003- 0544MWD, Application of Nantucket, Ltd. c. TXU Lone Star Gas Rate Request. d. Cause No. 03- 002098- CV -85, Brazos County, College Station v. Wellborn Special Utility District City Council Meeting 2/23/06 Page 5 / e. Civil Action No. H -04 -4558, U.S. District Court, Southern District of Texas, Houston �r Division College Station v. U.S. Dept. of Agriculture, etc., &Wellborn Special Utility District f. Civil Action No. H -04 -3876, U.S. District Court, Southern District of Texas, Houston Division, JK Development v. College Station g. GUD No. 9530 — Gas Cost Prudence Review, Atmos Energy Corporation h. GUD No. 9560 — Gas Reliability Infrastructure Program (GRIP) rate increases, Atmos Energy Corporation i. Cause No. GN- 502012, Travis County, TMPA v. PUC (College Station filed Intervention 7/6/05) j. Legal Review and Advice Regarding M.O.U. and Related Documents for City Conference Center and Hotel k. Claim regarding Autumn Chase plat Real Estate {Gov't Code Section 551.0721; 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: a. Aggie Field of Honor Economic Incentive Negotiations {Gov't Code Section 551.0871; 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 negotiations may deliberate on an offer of financial or other incentives for a business prospect. After executive session discussion, any final action or vote taken will be in public. The following subject(s) may be discussed: a. The proposed city convention center and associated privately developed hotel Personnel {Gov't Code Section 551.0741; 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: a. City Manager Workshop Agenda Item No. 7 —. Final Action on executive session, if necessary. Council returned from executive session at 6:55 p.m. No action was taken. Regular Meeting Mayor Silvia called the regular meeting to order at 7:03 p.m. He led the audience in the pledge of allegiance. Council member Gay provided the invocation. Mayor Silvia presented the following awards. Regional Athletes of the Year: Shannon Earnest, Jack Burley Fire Chief Alley presented the College Station Fire Department Make a Difference C re Award to Council member Nancy Berry and Chris Scotti for their dedication to the College Station Fire Department. City Council Meeting 2/23/06 Page 6 Hear Visitors Michael Pishner, 508 Southwest Parkway, conveyed comments on a multi - family development within the City of College Station. Consent Agenda 10.1 Discussion, possible action and discussion on approval of minutes for Workshop and Regular Meeting of December 15, 2005. Council member Berry removed this item from the agenda. 10.2 Presentation, possible action and discussion on approving an annual agreement for the purchase of tires, bid #06 -46, awarding a contract to Grays Wholesale Tires for an amount of $55,178.10. Council member Scotti removed this item from the agenda. 10.3 Approved by common consent the renewal of Bid #05 -41, Contract #05 -019 for Electric System Right -of -Way Clearing and Tree Trimming Contract award to Asplundh Tree Expert Company in the amount of $425,400.00 for the second year. 10.4 Approved by common consent a real estate contract to purchase a public utility easement needed for the construction of the Brazos Transmission Tie Line Project, in the amount of $59,310. 10.5 Approved by common consent Resolution No. 2 -23- 2006 -10.05 designating the Request for Competitive Sealed Proposal as an alternative delivery method for the Police Station Additions Project (Project No. GG- 0402). 10.6 Approved by common consent Resolution No. 2 -23- 2006 -10.06 designating the Request for Competitive Sealed Proposal as an alternative delivery method for the Fire Station No. 3 Relocation Project (Project No. GG- 0401). 10.7 Approved by common consent awarding the purchase of crushed stone material for the Camelot Drainage Improvement Project, from Superior Crushed Stone LC, in an amount not to exceed $58,050.00. 10.8 Approved by common consent Resolution No. 2 -23- 2006 -10.08 approving a construction contract (Contract #06 -094) with Dudley Construction, Ltd. in the amount of $371, 577.01 for sanitary sewer rehabilitation. 10.9 Approved by common consent an amendment extending the completion date to March 31, 2006 and adding $5,600 to a contract between the City and TEEX for technical assistance in the development of uniform drainage design guidelines for College Station and Bryan. City Council Meeting 2/23/06 Page 7 Cir 10.10 Approved by common consent an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) to construct pedestrian improvements at the FM 2818 and Welsh Avenue intersection in an amount not to exceed $800,000. 10.11 Approved by common consent an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) to construct signals at, and improve the intersection of, FM 2818 and F &B Road in an amount not to exceed $241,300. 10.12 Approved by common consent an exception to Policy to allow Smiling Mallard Development to construct sewer lines necessary to connect the Indian Lakes patio homes to the City sewer system. 10.13 Approved by common consent Resolution No. 2 -23- 2006 -10.13 replacing Resolution No. 05- 25 -88 -12 which established the Bryan/College Station Joint Relief Funding Review Committee. 10.14 Presentation, possible action, and discussion on a resolution creating the College Station Outside Agency Funding Review Committee. Staff presented a revised resolution for City Council consideration. Council member Gay moved to approve Resolution No 2 -23- 2006 -10.14 as presented by staff. Council member Berry seconded the motion which carried by a vote of 6 -1. FOR: Silvia, Happ, White, Gay, Scotti, Berry AGAINST: Lancaster 10.15 Approved by common consent Resolution No. 2 -23- 2006 -10.15 accepting from the Governors Division of Emergency Management (GDEM) the 2004 State Homeland Security Sub - recipient Grant funds in the amount of $ 51,918.70 and naming a City staff member as manager of those grant funds. Regular Agenda Item No. 11.1 — Public hearing, presentation, possible action, and discussion for the approval of an ordinance amending the Comprehensive Plan by amending the Land Use Plan for 28.01 acres of Tract 2.11 of the Robert Stevenson Survey, A -54, generally located southwest of the intersection of Decatur Drive and Alexandria Avenue. The proposed land use plan classifications include a change from Residential Attached to a combination of Retail Regional, Office, and Single - Family Residential, Medium Density. Director of Development Services Joey Dunn noted that this is an owner- imitated amendment to the Land Use Plan for approximately 28.01 acres of land currently designated as Residential Attached, located at the future intersection of Decatur Drive and Arrington Road. The original application proposed twenty acres of Retail Regional and 8 acres of Single - Family Residential, Medium. At the January 19, 2006 Planning City Council Meeting 2/23/06 Page 8 and Zoning Commission meeting, the applicant brought forth an alternative request for err, approximately seven acres of Retail Regional, approximately thirteen acres of Office, and eight acres for Single Family Residential Medium Density. This item was tabled to give staff time to consider the applicant's alternative proposal. On February 2, 2005, the Planning and Zoning Commission removed this item from the table. Staff maintained that the area identified as Greenways on the Comprehensive Plan serves as an important distance buffer and transition between residential uses north of Arrington Road and large -scale commercial uses at the Greens Prairie/Highway 6 intersection. Staff believed that more retail property in this area is unnecessary, given the large amount of vacant property designated as Retail Regional. The Planning and Zoning Commission recommended an alternative plan for Single - Family Residential, Medium Density, Office, and Retail Regional land uses. Staff recommended Single Family Residential Medium Density for the entire track. Mayor Silvia opened the public hearing. The following citizens addressed the City Council regarding the proposed amendment. Chuck Ellison, 2902 Camille Kelly Templin, 511 University Drive, IPS Group r Mayor Silvia closed the public hearing. Mayor Pro Tem Happ moved to approve Ordinance No. 2874 Alternative Two as recommended by the Planning and Zoning Commission. Alternative Two included 7.957 acres Single - Family Medium density with no buffer, 7.197 acres Retail Regional with no buffer against Office, and 12.837 acres of Office with 10 ft. fence against the Single - Family Residential. Council member White seconded the motion, which carried unanimously, 7 -0. FOR: Silvia, Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None Regular Agenda Item No. 11.2 - Public hearing, presentation, possible action, and discussion on a Conditional Use Permit for the WPC Condos to establish a multi- family use with residential uses on the first floor in the Wolf Pen Creek Design District consisting of 7.61 acres located at 305 Holleman Dr E, generally located on the north side of Holleman between George Bush Drive East and Dartmouth Drive. Senior Planner Trey Fletcher remarked that the purpose of the request for a Conditional Use Permit was to establish a multi - family development with residential use on the first floor rather than retail uses. City Council Meeting 2/23/06 Page 9 L Staff recommended denial of the request as presented. The Planning and Zoning Commission voted to recommend approval of the request with the following conditions: 1. A more detailed site plan should be brought back to the Planning and Zoning Commission for review before it is considered by the Design Review Board. 2. The more detailed site plan should reflect public pedestrian access from Holleman through the complex connecting to the public trails along Wolf Pen Creek. 3. The more detailed site plan should specifically reflect overflow visitor parking space within the project. Mayor Silvia opened the public hearing. The following citizens spoke in favor of the proposed Conditional Use Permit. Chuck Ellison, 2902 Camille Jane Kee, 511 University Drive, IPS Group Veronica Morgan, 511 University Drive, Suite 204, Mitchell and Morgan Engineers Jim Stewart, 1001 Krenek Tap Road Bart Munroe, 7553 River Ridge Dr. Michael Pishner, 508 Southwest Parkway, spoke in opposition of the proposed Conditional Use Permit. Mayor Silvia closed the public hearing. Council member Gay moved to approve Ordinance No. 2875 approving a conditional use permit with the conditions outlined by the Planning and Zoning Commission. He also moved to change the approval process of the conditions to the Planning and Zoning Commission and the Design Review Board, with no further consideration by the City Council. Council member White seconded the motion which carried unanimously, 7 -0. FOR: Silvia, Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None Council recessed for a short break at 9:21 p.m. and reconvened at 9:33 p.m. Regular Agenda Item No. 11.3 — Bid Number 06 -47. Presentation, possible action and discussion regarding a resolution awarding the bid and approving a construction contract (Contract No. 06 -089) with JaCody, Inc., in the amount of $5,532,260.00, for the construction of Phase II of the Veterans Park and Athletic Complex, Project Number PK0501 and a resolution declaring intention to reimburse certain expenditures with proceeds from debt. City Council Meeting 2/23/06 Page 10 L Assistant Director of Parks and Recreation Eric Ploeger remarked that these monies facilitate construction of Phase II of the Veterans Park and Athletic Complex. Phase II included additional soccer fields with lighting, three additional softball fields with lighting, a softball concession - restroom building, maintenance facility enlargement, a soccer restroom building, a large pavilion with seating capacity for 500 people, a one - mile walking trail, utilities, parking, and drinking fountains. The Resolution Declaring Intention to Reimburse Certain Expenditures with Proceeds from Debt is necessary for this bid award because the $6,925,000 bonds have not been issued for the Veterans Park Phase II project. These bonds are scheduled to be issued later this year. Staff recommended approval of the resolution declaring intention to reimburse certain expenditures with proceeds from debt and award of the construction contract to JaCody, Inc. Mayor Pro Tem Happ moved to approve Resolution No. 2 -23- 2006- 11.03a awarding the bid and approving a construction contract with JaCody, Inc. in the amount of $5,532,260.00 for the construction of Phase II of the Veterans Park and Athletic Complex. Also he approved Resolution No. 3 -23- 2006- 11.03b declaring intention to reimburse certain expenditures with proceeds from debt. Council member Berry seconded the motion. err FOR: Silvia, Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None Regular Agenda Item No. 11.4 -- Presentation, possible action and discussion regarding the racial profile report required annually by Senate Bill 1074, of the Texas 77th legislative session. Police Chief Michael Clancey presented a brief overview of the racial profile report required annually by Senate Bill 1074, of the Texas 77 legislative session. Council member Berry moved to accept the racial profile report. Council member Lancaster seconded the motion, which carried unanimously, 7 -0. FOR: Silvia, Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None Workshop Agenda Item No. 3 — Presentation, discussion, and possible action on future agenda items: A Council Member may inquire about a subject for which notice has not been given. A statement of specific factual information or the recitation of existing policy may be given. Any deliberation shall be limited to a proposal to place the subject on an agenda for a subsequent meeting. No items were requested for a future agenda. City Council Meeting 2/23/06 Page 11 Workshop Agenda Item No. 4 — Council Calendars The City Council reviewed upcoming events and meetings. Workshop Agenda Item No. 5 — Discussion, review and possible action regarding the following meetings: Brazos County Health Dept., Brazos Animal Shelter Brazos Valley Council of Governments, Cemetery Committee, City Center, Design Review Board, Facade Improvement Program Advisory Committee, Fraternal Partnership, Historic Preservation Committee, Intergovernmental Committee and School District, Joint Relief Funding Review Committee, Library Committee, Making Cities Livable Conference, Metropolitan Planning Organization, Parks and Recreation Board, Planning and Zoning Commission, Sister City Association TAMU Student Senate, The Research Valley Partnership, Transportation Committee, Wolf Pen Creek Oversight Committee, Wolf Pen Creek TIF Board Zoning Board of Adjustments Council member Berry presented highlights of the Brazos County Health Department meeting. Council member Scotti conveyed comments from the Research Valley Partnership and Research Valley Partnership Air Service Marketing committee meetings. toe Council member Lancaster conveyed positive comments from her attendance at Aggieland Saturday. Mayor Pro Tem Happ presented an overview of the Intergovernmental Committee, Transportation Committee, and State Legislative meetings. Council member White presented an overview of the National League of Cities Conference and Congress of Cities that he and Mayor Silvia attended in December. Mayor Silvia presented a brief summary of the AMCC Conference held in Corpus Christi. Interim City Manager Glenn Brown presented comments from the Animal Shelter Board Meeting. Regular Agenda Item No. 12 -- The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for February 23, 2006. At 10:11 p.m., Mayor Silvia announced in open session that the City Council would reconvene into executive session pursuant to Sections 551.072, 551.074, and 551.087 of the Open Meetings Act, to seek the advice of our attorney with respect to pending and contemplated litigation, to consider the purchase of real property, the evaluation of a L . public officer, and economic development negotiations. City Council Meeting 2/23/06 Page 12 Regular Agenda Item 13 - -Final action on executive session, if necessary. Council returned to the council chambers. No action was taken. Regular Agenda Item No 14 -- Adjourn. Councilmember White made a motion to adjourn. Seconded by Councilmember Berry. Hearing no objections, the meeting adjourned at 10:50 p.m. Thursday, February 23, 2006. APPROVED: . Mayor Ro Silvia ,TEST: City Secretary Connie Hooks L L Mayor Council Members Ron Silvia Ben White Mayor Pro Tempore Ron Gay 4# .1414 John Happ Susan Lancaster Interim City Manager Chris Scotti CITY OF COLLEGE STATION Glenn Brown Nancy Berry College Station City Council Regular Meeting Sign In Sheet Thursday, February 23, 2006 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas 1 -1:;)Av tP v) 11. < t-re-rttes 2. 0,1:4/, it 12. 46 / (hr 3. k_,\A c ,( 13. kg l l N tui Zi1 4. ! � 1. a ,♦• 14. 1 G eV, 5. WI p 0 15. P r✓l SieG-d 6. . _ LA 16. 7. t ' Llo r% 17. 8. ��. �`�r./ 18. 9. ./ �'`' _f 19. C re