HomeMy WebLinkAbout03/22/2005 - Regular Minutes City Council Grff111111114 Mayor City Council
Ron Silvia James Massey
Mayor Pro Tempore John Happ
Dennis Maloney Robert Wareing
City Manager Susan Lancaster
CITY OF COLLEGE STATION Thomas E. Brymer Nancy Berry
College Station, Traditional Values,
Progressive Thinking in the Research Valley
Minutes
College Station City Council
Workshop and Regular Meeting
Tuesday, March 22, 2005 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Maloney, Massey, Happ,
Wareing, Lancaster, Berry
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney
Cargill Jr., City Secretary Hooks, Assistant City Secretary Casares
Mayor Silvia called the meeting to order at 3:01 p.m.
Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular
Council Meeting.
No items were removed for discussion.
Workshop Agenda Item No. 2 -- Presentation, discussion and possible action on the annual
contract review and compliance report by the Research Valley Partnership.
Director of Community and Economic Development Kim Foutz described the performance and
status of economic development contracts with the Research Valley Partnership and/or the City
of College Station. Ms. Foutz introduced Mr. Bob Malaise from the Research Valley
Partnership.
Mr. Malaise presented a summary of the companies' contractual commitments, success and
shortfalls, and the overall performance of the Research Valley Partnership economic
development program for the 2004 year.
No formal action was taken.
Workshop Agenda Item No. 3 -- Presentation, discussion and possible action on a proposed
ordinance to regulate open containers and public consumption in the Northgate Central
Business District in order to address multiple public safety issues in the area.
Chief of Police Michael Clancey noted that the City of College Station performed an outstanding
job of developing the Northgate area to be an attractive meeting place for many within and from
Cow outside of our community. While Northgate is thriving, negative external problems have
accompanied that success. Such as:
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City Council Meeting 3/22/05 Page 2
• Increase in crowds and traffic
• Large quantities of alcohol being brought to the promenade
• Unregulated drinking
• Increased health and sanitation concerns
• Increased number of violations
The College Station Police Department's primary goal was to maintain public safety in the
Northgate area by: 1) discouraging unregulated consumption of alcohol, 2) addressing health
and sanitation issues, and 3) addressing increased pedestrian and vehicular traffic
Staff recommended pursuing passage of an ordinance which prohibits open containers and public
consumption of alcohol in the predefined central business district but allows for provisions
during special events. Additionally, enter into discussions with Northgate District Association
on possible funding options to establish a perimeter for special events.
City Attorney Harvey Cargill addressed questions of the City Council and described liability
issues.
Council member Happ arrived at 4:05 p.m.
Council discussed at length a variety of concerns, questions, and options.
No formal action was taken.
Cor
At 4:46 p.m. Council recessed the workshop meeting for a short break and reconvened at 5:10
p.m.
Workshop Agenda Item No. 4 -- 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.
Council member Lancaster requested a workshop item to consider opening the City Council
meeting with an invocation. Council member Wareing seconded the motion to place this item on
a future agenda. Motion carried unanimously, 7 -0.
Council member Happ requested a retreat agenda item pertaining to "hear visitors" on the City
Council agenda.
Council member Lancaster inquired about traffic calming on Munson Avenue.
Workshop Agenda Item No. 5 — Council Calendars
Agenda Planning Calendar
March 21 Jr. Leadership Brazos — Clayton Wms. Alumni Center -7pm
March 21 Intergovernmental Committee — noon — College Station Admin Conference Room
March 22 Workshop and Regular Council Meeting — 3:00 p.m.
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City Council Meeting 3/22/05 Page 3
March 23 — 24 4 Annual Brazos Valley Transportation Summit Annenberg Presidential
Conference Center
March 25 Holiday — Good Friday — Office Closed
March 30 BBB 35 Anniversary — Christopher's World Grille — 11:30 a.m. — 1:30 p.m.
April 5 Arctic Wolf Ice Center Appreciation — 5:00 p.m.
April 5 Transportation Committee — 5:00 p.m.
April 7 Homeland Security Awareness Luncheon — CS Conference Center 11:00 a.m. — 2:00
April 19 Chamber of Commerce Board Meeting — 8:00 a.m.
April 20 Research Valley Partnership — 3:00 p.m.
April 22 Citizens Committee Recognition Banquet — Hilton — 6:00
Workshop Agenda Item No. 6 -- Discussion, review and possible action regarding the
following meetings: Brazos County Health Department, 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, 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, Zoning Board of Adjustments
Council member Massey presented highlights of the Intergovernmental Committee meeting.
Mayor Pro Tem Maloney expressed comments of the Sister Cities Committee and Fraternal
Partnership meeting.
Council member Happ conveyed comments from the High Speed Rail Executive conference call
and the 4 Annual Transportation Summit.
Workshop Agenda Item No. 7 -- Executive Session
No executive session was held.
Consultation with Attorney (Gov't Code Section 551.071)
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:
TCEQ Docket No. 2002 - 1147 -UCR, Applications of Brushy Water Supply and College Station
(Westside/Highway 60)
TCEQ Docket No. 2003- 0544MWD, Application of Nantucket, Ltd.
TXU Lone Star Gas Rate Request.
Cause No. 03- 002098- CV -85, Brazos County, College Station v. Wellborn Special Utility District
Civil Action No. H -04 -4558, U.S. District Court, Southern District of Texas, Houston Division
College Station v. U.S. Dept. of Agriculture, etc., and Wellborn Special Utility District
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City Council Meeting 3/22/05 Page 4
TCEQ Docket No. 582 -04 -2840, Application of Wellborn Special Utility District
Civil Action No. H -04 -3876, U.S. District Court, Southern District of Texas, Houston Division
JK Development v. College Station
GUD No. 9530 — Gas Cost Prudence Review, Atmos Energy Corporation
GUD No. 9560— Gas Reliability Infrastructure Program (GRIP) rate increases, Atmos Energy Corporation
Real Estate (Gov't Code Section 551.072)
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:
Land acquisition at 2818 and Villa Maria
Acquisition of Southland, Block 1, Lot 20
Workshop Agenda Item No. 8 -- Final action on Executive Session, if necessary.
No executive session was held, therefore no action was taken.
Regular Meeting
Mayor Silvia called the regular meeting to order at 7:00 p.m. with all council members present.
He led the audience in the pledge of allegiance.
Mayor Silvia and City Manager Tom Brymer recognized Debbie Eller, Julie Caler and Susan
Manna for their United Way Awards.
Mayor Silvia and City Manager Tom Brymer recognized Jana Wood for the Voices for Children
Award.
Mayor Silvia and City Manager Tom Brymer recognized Eric Hurt for receiving the Certificate
of Completion from the Executive Fire Officer Program.
Mayor Silvia presented a proclamation for Sexual Assault Awareness Month to Laurie Kowaiski.
10. Hear Visitors
Nate Evans, a TAMU student spoke about the upcoming MSC Lecture Series.
Justin Whitworth, 705 Fairview, inquired about the removal of the Christmas nativity scene in
the City Secretary office during the Christmas of 2003, and the removal of prayer before each
City Council meeting in 2004.
Aaron Gray, 1401 Athens Drive, conveyed comments about the removal of prayer before City
Council meetings.
Casey Heimer, 4108 Windswept, expressed comments on conflicts of interest of the City Council
members serving on outside agency boards.
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City Council Meeting 3/22/05 Page 5
Consent Agenda
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11.1 Approved by common consent Resolution No. 3 -22- 2005 -11.01 of the City Council of
the City of College Station, Texas, approving a construction contract, Bid No. 0555,
Contract No. 05 -109, with Marek Brothers Construction, Inc., in the amount of
$86,706.00 for the replacement of the Thomas Park Jogging Track with a concrete walk
and rubber cushioning.
11.2 Bid #05 -58. Approved by common consent a bid award for various electrical distribution
materials maintained in inventory. Total annual estimated expenditures to KBS Electric
Distributors, Techline, Inc., Priester Supply Co. and Hughes Supply are $424,821.24.
11.3 Approved by common consent Amendment #1 to the contract for Municipal Advertising
with The Eagle amending the daily /Sunday rates and adding a provision for a total not to
exceed amount of $280,000.
11.4 Approved by common consent a real estate contract that will authorize the purchase of
real property needed for public utility easements and temporary construction easements
in order to develop the Water Transmission Line Project. The property is located at FM
2818 and Villa Maria, and the purchase price is $160,322.
11.5 Approved by common consent increasing the amount of Real Estate Contract 05 -133M
by $6,065.59 to bring the total amount of the acquisition of Southland, Block 1, Lot 20
for the greenways program to $66,265.59.
11.6 Approved by common consent Resolution No. 3 -22- 2005 -11.06 awarding Contract No.
05 -147 for the College Park/Breezy Heights Rehabilitation Project, for infrastructure
improvements, to Goodwin Lasiter, Inc. in the amount of $433,600.00.
11.7 Approved by common consent Resolution No. 3 -22- 2005 -11.07 by the City Council of
the City of College Station, Texas, directing publication of notice of intention to issue
certificates of obligation, series 2005 in an amount not to exceed $8,000,000; and
providing an effective date. Council member Wareing abstained from this item.
11.8 Approved by common consent an interlocal agreement (ILA) with the City of Bryan and
Brazos County accepting a Justice Assistance Grant (JAG).
11.9 Approved by common consent authorizing the Mayor to execute the renewal of a utility
easement located on the Texas A &M University System property.
Regular Agenda
Regular Agenda Item No. 12.01 -- Public hearing, discussion and possible action by the
City Council on the adoption of an ordinance to regulate open containers and public
consumption in the Northgate Central Business District in order to address multiple public
safety issues in the area.
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City Council Meeting 3/22/05 Page 6
Police Chief Michael Clancey presented an outline on the staff's development of the proposed
ordinance. He restated earlier comments made at the workshop meeting, 3/22/2005.
tor
Mayor Silvia opened the public hearing.
The following citizens addressed the city council:
Jessica Jimmerson, Executive Director of the Northgate District Association,
Ron Musser 200 Karten Lane
Jessie Wright, 301 Krenek Tap Road
Marcos Rosales, 2723 Jennifer Circle
Robert Forest, Westwood Main
Mayor Silvia closed the public hearing.
Mayor Pro Tem Maloney moved to approve an ordinance to prohibit open containers in the
Northgate Business District, except for the designated promenade area in which open containers
are allowed daily from 9:00 a.m. to 6:15 p.m. Prohibition extended to exclude all kegs, coolers
in the area as well as allowing an exception to the ordinance for special events. Motion failed
due to lack of a second.
Council member Wareing moved to approve Ordinance No. 2791, to streamline the special
event permit process. Before fencing is installed, staff will hold discussion with the Northgate
Merchants and if it is the staff recommendation to seek fencing around the parameter, the City of
College Station shall look into funding the fencing, not the Northgate Merchants. Council
member Massey seconded the motion, which carried unanimously, 7 -0.
FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry
AGAINST: None
Council recessed for a short break at 8:13 p.m. and reconvened the regular meeting at 8:23 p.m.
Regular Agenda Item No. 12.02 -- Public hearing, discussion and possible action on a
rezoning from A -O Agricultural Open to R -1 Single Family for a portion of Renee Lane
right -of -way, and for lots 4 and 5 of the Bald Prairie Subdivision, consisting of
approximately 7.7 acres located at the north end of Renee Lane.
Senior Planner Trey Fletcher explained that the rezoning request was for the future Phase 7 of
the Edelweiss Gartens Subdivision. The request would rezone two A -O Agricultural Open rural
tracts and a portion of the right -of -way for Renee Lane into R -1 Single Family residential
zoning. The rezoning of Renee Lane Right -of -Way was initiated by the Administrator and
included as part of this request; it does not presume approval of a right -of -way abandonment
request, which will be scheduled for consideration on a future council agenda. Mr. Fletcher
stated that Renee Lane will terminate at the zoning boundary with a cul -de -sac. The cul -de -sac
will be a couple of lots short at the end to give a more circuitous route to Mountain Breezeway.
L . Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing.
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City Council Meeting 3/22/05 Page 7
Council member Happ moved to approve Ordinance No. 2792 rezoning a portion of Renee
Lane right -of -way and Lots 4 & 5 of the Bald Prairie Subdivision, consisting of approximately
7.7 acres from A -0 Agricultural Open to R -1 Single Family. Council member Berry seconded
the motion, which carried unanimously, 7 -0.
FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry
AGAINST: None
Regular Agenda Item No. 12.03 -- Public hearing, discussion and possible action on a
Rezoning from A -P, Administrative Professional to R -4, Multi- family District for a 4.7 acre
tract generally located at 1000 Spring Loop.
Senior Planner Trey Fletcher noted that the rezoning was requested for multi- family residential
in -fill development along a vacant portion of Spring Loop, surrounded by existing multifamily
residential development. The requested R -4 zone allows a maximum of 20 dwelling units per
acre. A number of easements affect this property, including access easements to commercial
uses along University Drive. Due to the difference inland uses, these easements should be
removed and all access should be via Spring Loop.
The Planning and Zoning Commission and staff recommended approval of the rezoning with the
condition that access between the commercial uses fronting University Drive and the proposed
multi - family residential use be eliminated.
Mayor Silvia opened the public hearing.
Greg Taggart, Municipal Development Group, spoke in favor of the rezoning and addressed
questions and concerns of the City Council.
Mayor Silvia closed the public hearing.
Council member Massey moved to deny the rezoning of a 4.7 acre tract generally located at 1000
Spring Loop from A -P Administrative - Professional to R -4 Multi- Family District. Mayor Pro
Tem Maloney seconded the motion which carried unanimously, 7 -0.
FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry
AGAINST: None
Regular Agenda Item No. 12.04 -- Public hearing, discussion and possible action by City
Council on adoption of an ordinance requiring a rental registration program for duplex
and single family rentals.
Fire Marshall Eric Hurt remarked that the Neighborhood Issues Ad Hoc Task Force made
recommendations to the City Council, in the final report, suggesting a rental registration program
be implemented in the City of College Station for single family and duplex rental units. Staff has
researched rental registration programs and received Council's direction to draft an ordinance for
a rental registration program for the City of College Station. The rental registration program will
allow for immediate code enforcement capabilities. It would provide a database of owners of
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City Council Meeting 3/22/05 Page 8
rental properties to assist Fire and Police crews with ability to make expeditious contact with the
property owner during emergency response.
Staff recommended approval of the rental registration ordinance with an effective date of
October 1, 2005.
Mayor Silvia opened the public hearing. No one spoke. Mayor closed the public hearing.
Mayor Pro Tem Maloney moved to approve Ordinance No. 2793 implementing a rental
registration program for duplex and single family rentals. The motion also included an initial
rental registration fee of Twenty -five Dollars ($25.00) for each single family or duplex property
that is registered and Fifteen Dollars ($15.00) for each subsequent year. Council member
Massey seconded the motion, which carried by a vote of 4 -2 -1.
FOR: Silvia, Maloney, Massey, Berry
AGAINST: Lancaster, Wareing
ABSTAINED: Happ
Regular Agenda Item No. 12.05 -- Presentation, discussion and possible action on a
resolution authorizing the Fire Chief to coordinate with the Office of Domestic
Preparedness of the Department of Homeland Security in cooperation with the U.S. Fire
Administration in application for a matching funds grants under the Assistance to
Firefighters Grant Program for the purpose of initiating a full spectrum, mandatory,
firefighter wellness and fitness program for 96 uniformed employees.
Assistant Fire Chief Jon Mies remarked that this is the fifth year of funding for the Assistance to
Firefighters Grant Program The City of College Station Fire Department was successful in
obtaining grants under this program for the past four years. The combined value of these grants
has exceeded $420,000. The proposed grant was a full spectrum mandatory wellness and fitness
program for 96 uniformed employees. Chief Mies described the program components and
benefits to the City of College Station.
Council member Berry moved to approve Resolution No. 3 -22- 2005 -12.05 authorizing the fire
Chief to coordinate with the Office of Domestic Preparedness of the Department of Homeland
Security in cooperation with the U.S. Fire Administration in application for a matching funds
grants under the Assistance to Firefighters Grant program for the purpose of initiating a full
spectrum, mandatory, firefighter wellness and fitness program for 96 uniformed employees.
Council member Wareing seconded the motion, which carried unanimously, 7 -0.
FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry
AGAINST: None
Regular Agenda Item No. 12.06 — Presentation, discussion and possible action on revision
#7 to the Economic Development Incentive Guidelines, Section I.
Director of Community and Economic Development Kim Foutz remarked that Revision No. 7 of
the Economic Development Incentive Guidelines was adopted by the Research Valley
Partnership. Discussions were held on Section III, Qualifying Statements and the RVP ruled
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City Council Meeting 3/22/05 Page 9
does not completely define what constitutes competition in the local market. The current
guidelines read as follows:
"Community incentives will not be offered to businesses that would create product
competition within Brazos County where Brazos County is the primary sales territory ".
The proposed new language would adopt the State of Texas definition for "primary jobs" as the
criteria to offer incentives as it relates to competition in the local business community. In
addition, it raises the threshold by changing "the majority" (State of Texas definition) to 70% of
the products and services that are exported from the local market.
There were no proposed changes to Section II of the guidelines which addressed non -
industrial/non- manufacturing incentives.
The guideline changes were approved by the City of Bryan City Council and Brazos County
Commissioners.
Council member Massey moved to approve Revision No. 7 to the Economic Development
Incentive Guidelines, Section 1 as presented. Council member Lancaster seconded the motion,
which carried unanimously, 7 -0.
FOR: Silvia, Maloney, Massey, Happ, Wareing, Lancaster, Berry
AGAINST: None
Regular Agenda Item No. 13 — The City Council may convene the executive session
following the regular meeting to discuss matters posted on the executive session agenda for
March 22, 2005.
An executive session was not held.
Regular Agenda Item No. 14 — Final action on executive session, if necessary
No action was taken.
Regular Agenda Item No. 15 — Adjourn.
Hearing no objections, the meeting adjourned at 9:50 p.m. on Thursday, March 22, 2005.
PASSED AND APPROVED this 23 day of June, 2005.
ATTEST: APPROVED:
A =WA
ity ecretary Connie Hooks Mayor Ron Silvia
Traditional Values, Progressive Thinking
In the Research Valley
Grffi 144 Mayor City Council
Ron Silvia James Massey
Mayor Pro Tempore John Happ
Dennis Maloney Robert Wareing
City Manager Susan Lancaster
CITY OF COLLEGE STATION Thomas E. Brymer Nancy Berry
College Station, Traditional Values,
Progressive Thinking in the Research Valley
College Station City Council
Regular Meeting
Sign In Sheet
Thursday, March 22, 2005 at 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
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. Mayor City Council
Ron Silvia James Massey
Mayor Pro Tempore John Happ
• Dennis Maloney
City Manager Robert Wareing
Susan Lancaster
CITY OF COLLEGE STATION Thomas E. Brymer Nancy Berry
College Station, Traditional Values,
Progressive Thinking in the Research Valley
College Station City Council
Regular Meeting
Sign In Sheet
Thursday, March 22, 2005 at 7:00 p.m.
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College Station, Texas
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Traditional Values, Progressive Thinking
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Mayor City Council
(kw (frffill11411 Ron Silvia James Massey
Mayor Pro Tempore John Happ
Dennis Maloney Robert Wareing
City Manager Susan Lancaster
CITY OF COLLEGE STATION Thomas E. Brymer Nancy Berry
College Station, Traditional Values,
Progressive Thinking in the Research Valley
College Station City Council
Regular Meeting
Sign In Sheet
Thursday, March 22, 2005 at 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
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In the Research Valley
Mayor City Council
Ron Silvia James Massey
( " Mayor Pro Tempore John Happ
Dennis Maloney Robert Wareing
City Manager Susan Lancaster
CITY OF COLLEGE STATION Thomas E. Brymer Nancy Berry
College Station, Traditional Values,
Progressive Thinking in the Research Valley
College Station City Council
Workshop Meeting
Sign In Sheet
Thursday, March 22, 2005 at 3:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
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