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HomeMy WebLinkAbout11/20/2006 - Regular Minutes City Council vr Mayor Ron Silvia Mayor Pro Tempore Ben White City Manager Glenn Brown Council Members John Happ Ron Gay Lynn McIlhaney Chris Scotti David Ruesink CITY OF COLLEGE STATION Minutes City Council Workshop and Regular Meetings Monday, November 20, 2006, 3:00 p.m. and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor Pro Tern White, Council members Happ, McIlhaney, Scotti, Ruesink COUNCIL MEMBER ABSENT: Mayor Silvia and Council member Gay STAFF PRESENT: City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Assistant City Secretary Casares, Management Team Mayor Pro Tern White called the workshop meeting to order at 3:00 p.m. Workshop Al!:enda Item No.1 -- Presentation, possible action, and discussion on items listed on the consent al!:enda. No items were removed for discussion. Workshop Al!:enda Item No. 3 - Presentation, possible action, and discussion rel!:ardinl!: possible Alternative Revenue Sources for the City of Collel!:e Station. Deputy City Manager Terry L. Childers presented an overview of the alternative revenue source objectives, transportation user fees, new and updated fees proposal, and alternative revenue sources. Chief Financial Officer Jeff Kersten described the College Station Revenue Model. Council member Scotti arrived at 3:12 p.m. Council member Scotti inquired about public input pertaining to the evaluation of current and new fees. Council member McIlhaney asked questions related to Police escort services. Council Meeting I 1/20/06 Page 2 Council directed staff to move forward to develop a program that includes revenues from alternative sources. Workshop Al!:enda Item No.2 -- Presentation, possible action, and discussion on the tax ceilinl!: for seniors and the disabled. Financial Officer Jeff Kersten presented an executive summary of the proposed tax ceiling for seniors and the disabled. He described the financial impact and three options for enacting a senior and disabled person's tax ceiling. Mr. Kersten pointed out that enacting the senior and disabled tax ceiling is at the option of the taxing unit unless a petition from voters is received. Once the tax ceiling is enacted it cannot be rescinded. Council member McIlhaney expressed numerous concerns regarding the proposed tax ceiling and suggested increasing the homestead exemption. She also recommended examining additional services/resources through the Community Development Department to assist the seniors and the disable. Council member Scotti inquired about working with the citizens of the City of College Station to gather their input. Council member Ruesink suggested adopting a resolution to place this item on an upcoming uniform election ballot. No action was taken. Council recessed for a short break at 4:21 p.m. and reconvened the workshop meeting at 4:32 p.m. Workshop Al!:enda Item No. 4 -- Presentation, possible action and discussion rel!:ardinl!: possible implementation of Red Lil!:ht Camera Svstem for the City of Collel!:e Station. Deputy City Manager Terry L. Childers illustrated the Red Light Photo Enforcement Program objectives, public safety, implementation process, program performance and the support from Texas Police Departments. Council member Scotti questioned the public perception and suggested a grace period or issuance of warning tickets for first time offenders. Council member Ruesink recommended public education and encouraged the implementation of the Red Light Camera System for the City of College Station. Council members directed staff to move forward with the implementation of the Red Light Camera System with extensive public education. Council Meeting 11/20/06 Page 3 Workshop Al!:enda Item No.5 -- Presentation, possible action and discussion rel!:ardinl!: business continuity planninl!: for the citv. Acting Director of Planning and Development Services Lance Simms provided a brief overview of the Comprehensive Plan and reviewed the completed and remaining tasks. No formal action was taken. Workshop Al!:enda Item No.6 -- Presentation, possible action, and discussion on future al!:enda items: A Council Member mav inquire about a subiect for which notice has not been I!:iven. A statement of specific factual information or the recitation of existinl!: policv mav be I!:iven. Anv deliberation shall be limited to a proposal to place the subiect on an al!:enda for a subsequent meetinl!:. No items were submitted. Nov. 21 Nov. 23-24 Nov. 27 Workshop Al!:enda Item No.7 -- Council Calendars Nov. 21 Council Transportation Committee 4:30 pm Administrative Conference Room Quarterly Membership Breakfast "Taste ofthe Brazos Valley" - 6:30 am City Offices Closed for Thanksgiving Holiday Cemetery Master Plan Development Meeting Public hearing, 7:00 pm Council Chambers State of the Research Valley Luncheon - Annenberg Presidential Conference Center - Presidential Dining 10 II C Dec.1 Christmas in the Park, 5:45 pm Central Park Dec. 4 Citizens Congress, Hilton 6:00 pm Dec. 6 - 9 NLC 83rd Congress of Cities Conference - Reno, NV. Dec. 14 Council Workshop and Regular Meeting - 3:00 p.m. Dec. 18 Intergovernmental Committee Meeting - Noon - City of College Station Dec. 19 Council Transportation Committee 4:30 p.m. Administrative Conference Dec. 25 City Offices Closed Dec. 26 City Offices Closed Feb 12-Mar 12 Filing Period for Place on Ballot for City Council Election Nov. 29 Council reviewed their upcoming events. Workshop Al!:enda Item No.8 -- Discussion, review and possible action rel!:ardinl!: the followinl!: meetinl!:s: Brazos County Health Dept.. Brazos Vallev Council of Governments, Cemeterv Committee, City Center, CSISD/Citv Joint Meetinl!:, Desil!:n Review Board, Fraternal Partnership, Historic Preservation Committee, Interfaith Dialol!:ue Association, Interl!:overnmental Committee and School District, Joint Relief Fundinl!: Review Committee, Librarv Committee, Makinl!: Cities Livable Conference, Metropolitan Planninl!: Orl!:anization, Outside Al!:encv Fundinl!: Review, Parks and Recreation Board, Planninl!: and Zoninl!: Commission, Sister City Association, T AMU Student Senate, Research Vallev Partnership, Rel!:ional Council Meeting I 1/20/06 Page 4 Transportation Committee for Council of Governments, Transportation Committee, Wolf Pen Creek Oversil!:ht Committee, Wolf Pen Creek TIF Board, Zoninl!: Board of Adiustments. Council member Scotti conveyed comments from the recent meeting of the Research Valley Partnership Board of Directors. Council member Happ presented a brief report of the Intergovernmental Committee meeting. Workshop Al!:enda Item No 9 -- Executive Session will immediatelv follow the workshop meetinl!: in the Administrative Conference Room. At 5:21 p.m., Mayor Pro Tern White announced in open session that the City Council would convene into executive session pursuant to Sections 551.071, and 551.087 of the Open Meetings Act, to seek the advice of our attorney with respect to pending and contemplated litigation and economic development negotiations. Consultation with Attornev iGov't Code Section 551.07U: Dossible 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: a. TCEQ Docket No. 2002-1I47-UCR, Applications of Brushy Water Supply and College Station (WestsideIHighway 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 e. College Station v. U.S. Dept. of Agriculture, etc., and 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. Cause No. 06-000703-CV-85, Patricia Moore, et al. v. Ross Stores, Inc., City of College Station, et al. k. Possible settlement water CCN with Wellborn I. Possible settlement of sewer CCN issue m. Legal aspects of Lease Agreements for No.4 Water Well and possible purchase of or lease of another water site from City of Bryan Council Meeting I 1/20/06 Page 5 n. C.C.N. Issue for Sewer & Water regarding possible overlaps by City of College Station and City of Bryan o. Cause No. 484-CC; City of College Station v. Canyon Creek Partners, Ltd., et al; in the County Court at Law No.2 of Brazos County, Texas Economic Incentive Negotiations fGov'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 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. Data Center b. Large Sporting Outlet Workshop Al!:enda Item No. 10 -- Final Action on executive session, ifnecessarv. At 6:24 p.m., Council returned to the workshop meeting following the conclusion of executive session. No action was taken. Workshop Al!:enda Item No. 11 - Adiourn. The workshop session concluded at 6:25 p.m. Rel!:ular Al!:enda Item No. 12 - Pledl!:e of AlIel!:iance, Invocation, Consideration absence requests. Mayor Pro Tern White called the meeting to order at 7:00 p.m. He led the audience in the Pledge of Allegiance. Council member Scotti provided the invocation. Council member Scotti moved to approve the absence requests from Mayor Silvia and Council member Gay. Council member Ruesink seconded the motion, which carried by a vote of 5-0. Hear Visitors Mayor Pro Tern White opened the floor for hear visitors section of the agenda. Council did not receive any public comments. Consent Al!:enda Council member Happ moved to approve consent agenda items, 13.1 - 13.13 as presented. Council member Scotti seconded the motion, which carried unanimously, 5-0. FOR: White, Happ, McIlhaney, Scotti, Ruesink AGAINST: None ABSENT: Silvia, Gay 1----.- ..-. .....---.. Council Meeting I 1/20/06 Page 6 13.1 Approved by common consent the 2006 Gainsharing Distribution to city employees. 13.2 Approved by common consent Resolution No. 11-20-2006-13.02 establishing a joint Bryan/College Station Youth Commission. A RESOLUTION OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING THE ESTABLISHMENT OF A BRYAN/COLLEGE STATION YOUTH COMMISSION; PROVIDING AN OPPORTUNITY FOR YOUTH OF BOTH THE CITY OF COLLEGE STATION AND THE CITY OF BRYAN, TEXAS, TO WORK TOGETHER TO PROVIDE INPUT AND FEEDBACK TO BOTH CITY COUNCILS ON ISSUES AFFECTING YOUTH; AND ESTABLISHING AN EFFECTIVE DATE. 13.3 Approved by common consent a budget of the Memorial for all Veterans of the Brazos Valley; and presentation, possible action and discussion on a funding agreement between the City of College Station and the Memorial for all Veterans of the Brazos Valley for FY07 in the amount of$50,000. 13.4 Approved by common consent the authorization of expenditures for the Brazos County Appraisal District in the amount of $185,2 I 7 pursuant to the Property Tax Code 6.06D. 13.5 Approved by common consent Resolution No. 11-20-2006-13.05 determining the public necessity to acquire easement interests for the Church A venue Phase II Project. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (I) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR CONDEMNATION, EXCLUSIVE PERMANENT PUBLIC ACCESS, PUBLIC UTILITY, AND LANDSCAPING EASEMENTS AND RELATED TEMPORARY CONSTRUCTION EASEMENTS IN CERTAIN PROPERTY FOR THE CHURCH AVENUE PHASE II PROJECT: (2) DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH EASEMENTS THROUGH PURCHASE OR CONDEMNATION; AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF THE EASEMENT INTERESTS IN THE PROPERTY. 13.6 Approved by common consent Resolution No. 11-20-2006-13.06 for Public Access Easements for the College Main Sidewalks Project. The easements are along the east and west side of College Main between Cross and Cherry Streets. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, RELATING TO: (I) THE AUTHORITY OF THE CITY TO INITIATE, COMPLETE, AND ACQUIRE, BY PURCHASE OR Council Meeting I 1/20/06 Page 7 CONDEMNATION, EXCLUSIVE PERMANENT PUBLIC ACCESS EASEMENTS IN CERTAIN PROPERTY FOR THE COLLEGE MAIN SIDEWALKS PROJECT: (2) DECLARATION THAT PUBLIC NECESSITY EXISTS FOR THE CITY TO ACQUIRE SUCH EASEMENTS, THROUGH PURCHASE OR CONDEMNATION AND (3) ESTABLISHING PROCEDURES FOR THE ACQUISITION OF THE EASEMENT INTERESTS IN THE PROPERTY. 13.7 Approved by common consent Resolution No. 11-20-2006-13.07 awarding Bid No 06-138 to Gulf States Inc for construction of Spring Creek Substation in the amount of$3,642,800. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEGE STATION, TEXAS, APPROVING A CONSTRUCTION CONTRACT FOR THE SPRING CREEK SUBSTATION PROJECT AND AUTHORIZING THE EXPENDITURE OF FUNDS. 13.8 Approved by common consent Change Order to Contract #05-019 for Electric System Right-of-Way Clearing and Tree Trimming Contract with Asplundh Tree Expert Company in the amount of$75,1 14.75. 13.9 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 for $384,900.00 for the third year. 13. I 0 Approved by common consent the first reading of an ordinance granting a non- exclusive medical waste hauling franchise agreement to Tejas Medical Waste. 13. I I Approved by common consent the ratification of the Historic Preservation Committee's Rules of Procedure. 13.12 Approved by common consent an amendment to the Update and Support Agreement with Azteca Systems, Inc. approved by Council on December 9,1999 which amends the covered products. 13.13 Approved by common consent minutes for the November 9, 2006 Council Workshop and Regular Meeting. Rel!:ular Al!:enda Item No. 14.1 - Public hearinl!:, presentation, possible action, and discussion on an ordinance rezoninl!: approximatelv 94 acres, located on the south side of Bird Pond Road north-east of Rock Prairie Road, from A-O Al!:ricuItural Open to A-OR Rural Residential. Planning Administrator Molly Hitchcock presented an overview of the proposed ordinance rezoning 94 acres located on the south side of Bird Pond Road north-east of Rock Prairie Road, from A-O Agricultural Open to A-OR Rural Residential. Ms. r' Council Meeting 11/20/06 Page 8 Hitchcock noted that the Planning and Zoning Commission recommended approval of the rezoning, with the request that the City Council consider safety improvements to Bird Pond Road as soon as possible. Staff also recommended approval. Mayor Pro Tern White opened the public hearing. No one spoke. Mayor Pro Tern White closed the public hearing. Council member Happ moved to approve Ordinance No. 2936 rezoning 94 acres from A-O Agricultural Open to A-OR Rural Residential. Council member McIlhaney seconded the motion, which carried unanimously, 5-0. FOR: White, Happ, McIlhaney, Scotti, Ruesink AGAINST: None ABSENT. Silvia, Gay AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE 94.373 Acre Tract, Thomas Caruthers League, A-9 from A-O Agricultural Open to A-OR Rural Residential. Rel!:ular Al!:enda Item No. 14.2 - Public hearinl!:, presentation, possible action, and consideration of an ordinance authorizinl!: a Conditional Use Permit for Winestvles Wine & Gifts located at 1741 University Drive East. Planning Administrator Molly Hitchcock presented a brief summary of the proposed ordinance authorizing a Conditional Use Permit for Winestyles Wine & Gifts. The Planning and Zoning Commission recommended approval with the condition that landscaping or a structural barrier be placed between the outdoor seating area and the parking lot. Staff also recommended approval. Mayor Pro Tern White opened the public hearing. Darrin Allen, 1216 Roanoke Ct, answered questions of the City Council. Mayor Pro Tern White closed the public hearing. Council member Scotti moved to approve Ordinance No. 2937 approving a Conditional Use Permit for Winestyles Wine and Gifts with the condition that landscaping or a Council Meeting 11/20/06 Page 9 structural barrier be placed between the outdoor seating area and the parking lot. Council member McIlhaney seconded the motion, which carried unanimously, 5-0. FOR: White, Happ, McIlhaney, Scotti, Ruesink AGAINST: None ABSENT. Silvia, Gay AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE", SECTION 3.13, "DEVELOPMENT REVIEW PROCEDURES, CONDITIONAL USE PERMIT", OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT AFFECTING CERTAIN PROPERTIES AS DESCRIBED BELOW; DECLARING A PENALTY, AND PROVIDING AN EFFECTIVE DATE. The conditional use permit is hereby granted for a nightclub as provided for in Chapter 12, "Unified Development Ordinance", Section 3.13, "Development Review Procedures, Conditional Use Permit", of the Code of Ordinances of the City of College Station. The property is located at 1741 University Drive is granted a conditional use permit for a night club with an outdoor seating area and entertainment attractions such as live and recorded indoor music. Rel!:ular Al!:enda Item No. 14.3 - Public hearinl!:, presentation, possible action, and discussion on an ordinance rezoninl!: approximately 44 acres, located at 1300 Harvey Mitchell Parkway south, from A-O Al!:ricultural Open and R-l Sinl!:le-Family Residential to a combination of A-O Al!:ricultural Open and R-4 Multi-Family. Planning Administrator Molly Hitchcock presented a brief staff report. The Planning and Zoning Commission and staff recommended approval of the rezoning. Mayor Pro Tern White opened the public hearing. Donald J. Hammond, 6107 Cape Coral, Austin, Texas, Developer, answered questions of the City Council. Mayor Pro Tern White closed the public hearing. Council member Scotti moved to approve Ordinance No. 2938 rezoning approximately 44 acres from A-O Agricultural Open and R-I Single Family Residential to a combination of A-O Agricultural Open and R-4 Multi-Family. Council member Ruesink seconded the motion, which carried unanimously, 5-0. AN ORDINANCE AMENDING CHAPTER 12, "UNIFIED DEVELOPMENT ORDINANCE," SECTION 4.2, "OFFICIAL ZONING MAP," OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, BY CHANGING THE ZONING DISTRICT BOUNDARIES AFFECTING CERTAIN PROPERTIES AS Council Meeting I 1/20/06 Page 10 DESCRIBED BELOW; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Rezone 27.737 acres from A-O Agricultural Open to R-4 Multi Family Residential, Crawford Burnett Survey, A-7. 43.633 acres from A-O Agricultural Open and R-I Single Family Residential to A-O Agricultural Open, Crawford Burnett Survey, A-7. FOR: White, Happ, McIlhaney, Scotti, Ruesink AGAINST: None ABSENT. Silvia, Gay Rel!:ular Al!:enda Item No. 14.4 - Public hearinl!:, presentation, possible action and discussion of an ordinance amendinl!: City of Collel!:e Station Code of Ordinances Chapter 13: Flood Hazard Protection, Section 5G: Special Provisions for Floodways. Director of Public Works Mark Smith described the proposed ordinance amending the City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection, Section 5G: Special Provisions for Floodways. Staff recommended approval of the proposed ordinance. Mayor Pro Tern White opened the public hearing. No one spoke. Mayor Pro Tern White closed the public hearing. Council member Happ moved to approve Ordinance No. 2939 amending the City of College Station Code of Ordinances Chapter 13: Flood Hazard Protection, Section 5G: Special Provisions for Floodways. Council member Ruesink seconded the motion, which carried unanimously, 5-0. FOR: White, Happ, McIlhaney, Scotti, Ruesink AGAINST: None ABSENT. Silvia, Gay AN ORDINANCE AMENDING CHAPTER 13, "FLOOD HAZARD PROTECTION," SECTION 5, "SPECIAL PROVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS BY AMENDING CERTAIN SECTIONS AS SET OUT BELOW; PROVIDING A SEVERABILITY CLAUSE; DECLARING A PENALTY; AND PROVIDING AN EFFECTIVE DATE. Chapter 13, "Flood Hazard Protection," Section 5, "Special Provisions" Subsection G, "Special Provisions for Floodways," of the Code of Ordinances of the City of College Station, Texas is hereby amended by adding (d) to paragraph (2) to read as follows: Council Meeting I 1/20/06 Page II (d) Proposed street and public utility encroachments shall be exempt from the requirement of a variance provided that the proposal is accompanied by a complete engineering report fully demonstrating that the encroachments shall not result in any increase in water surface elevation or flood hazard upstream, within, or downstream of the encroachment location. The engineering report shall conform to the requirements of the Drainage Policy and Design Standards and shall bear the dated seal and signature of a registered professional engineer. Rel!:ular Al!:enda Item No. 14.5 - Presentation, possible action and discussion on the tax ceilinl!: for seniors and the disabled. Financial Officer Jeff Kersten presented an executive summary of the proposed tax ceiling for seniors and the disabled. He described the financial impact and three options for enacting a senior and disabled person's tax ceiling. Mr. Kersten pointed out that enacting the senior and disabled tax ceiling is at the option of the taxing unit unless a petition from voters is received. Once the tax ceiling is enacted it cannot be rescinded. No formal action was taken. Rel!:ular Al!:enda Item No. 15 - The City Council may convene the executive session followinl!: the rel!:ular meetinl!: to discuss matters posted on the executive session al!:enda for November 20, 2006. Council concluded the execution session prior to the regular meeting. Rel!:ular Al!:enda Item No. 16 - Final action on executive session, if necessarv. No action was taken. Rel!:ular Al!:enda Item No. 17 - Adiourn. Hearing no objections, the meeting adjourned at 7:38 p.m. on Monday, November 20, 2006. PASSED and APPROVED on 11th day of January, 2007. APPROVED: ~J j~h'-- Mayor 0 ilvia Mayor Council Members Ron Silvia John Happ Mayor Pro Tempore Ron Gay Ben White Lynn Mcllhaney City Manager Chris Scotti CITY OF COLLEGE STATION Glenn Brown David Ruesink College Station City Council Regular Meeting Sign In Sheet Monday, November 20, 2006 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas 1. bpsvAcil ! An,r4 A 11. 2. /S „—fi., - / n-,,Ire4 12. L.,- ij rot c Q( - r 2 110 //k4494 3. Lenz 13. 4. G9. � !'�c,7�5✓- 004 14. 5! \Ve i∎ 15. 6. Hrse pcljel 16. 7. Cc- 17. 8. CLa AAP c6 C ,x.11' 18. 9. ( r►kd 19. y 751 20.