HomeMy WebLinkAbout04/28/2005 - Regular Minutes City Council Mayor City Council
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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 Volley
Minutes
College Station City Council
Workshop and Regular Meeting
Thursday, April 28, 2005 at 4:00 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 4:00 p.m.
Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular Council Meeting.
11.3 — Contract 05 -194. Presentation, discussion, and possible action on a resolution awarding the design
contract for the Wolf Pen Creek Amphitheater Multi- purpose Building to Patterson Architects for an amount
not to exceed $62,000.00.
Council Member John Happ had a question about the location of the building. Assistant Director of Parks and
Recreation, Ric Ploeger answered by stating that the building would be located adjacent to the existing
parking lot just to the left of the main entrance. He also stated that the intent would be a building that will
blend in with the existing architecture, but that they would meet with the Design Review Board before any
planning is done to get direction from them.
11.4 — Presentation, discussion, and possible action on an Advance Funding Agreement (AFA) with the Texas
Department of Transportation (TxDOT) to construct, as part of the Texas Avenue widening project, a
permanent median on George Bush Drive between Texas Avenue and Rosemary Lane in an amount not to
exceed $34,289.60.
Council Member Maloney wanted to make mention that the yellow stakes would be pulled up and replaced by
a median.
Workshop Agenda Item No. 2 — Presentation, discussion and possible action relating to receiving the
annual audit reports and Comprehensive Annual Financial Report (CAFR) for the fiscal year ended
September 30, 2004.
Finance and Strategic Planning Director Jeff Kersten remarked that this is the 2" year of GASB 34 reporting
model combining Governmental Activities and Business Types activities. He presented highlights of the Net
Assets: $521,454,690. Mr. Kersten introduced Mr. Tom Wallis of Ingram, Wallis and Associates.
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Council Meeting 4 -28 -2005 Page 2
Mr. Wallis of Ingram, Wallis and Associates presented the results of the fiscal year 2004 audit and the 2004
CAFR.
Council member Berry moved to approve the audit report. Seconded by Council member Lancaster. Motion
carried unanimously, 7 -0.
FOR: Silvia, Happ, Massey, Wareing, Lancaster, Maloney, and Berry
AGAINST: None
Workshop Agenda Item No. 3 — Presentation, discussion and possible action regarding the City Center
Committee Quarterly Report and follow -up recommendations regarding the approved City Center
Concept.
This item was postponed due to the absence of the Architect, Nestor Bottino. Council Member Nancy Berry
suggested that if this item were not able to be addressed at the next Council Meeting, that perhaps there could
be a Special Meeting set to cover this item before the outgoing Council Members leave office.
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 Berry requested a Workshop agenda item regarding the recommendations of the Blue
c Ribbon Committee. Council member Happ seconded the motion. Council Member Wareing suggested that
this item should be addressed after the new Council is in office. Council Member Maloney suggested that
staff invite Scott Schafer and other members of the Planning and Zoning Commission to the meeting.
Council approved the request unanimously, 7 -0.
City Manager Tom Brymer stated that Consent Agenda Item No. 11.8, the consideration of the resolution to
approve an application for educational program for First Offenders Program will not have grant funding
available, thus no need to present before Council for approval.
Workshop Agenda Item No. 5 — Council Calendars
April 22 Citizens Committee Recognition Banquet — Hilton — 6:00 p.m.
April 23 Don't Mess With Texas Trash Off — 8:00 a.m. — 1:00 p.m. Post Oak Mall Parking Lot
April 23 Discovering the World with Peter Sis (Children's Museum and Bush Library and Museum hosts)
11:00 a.m. — 1:00 p.m. at George Bush Library and Museum
April 27 Reception honoring novelist Ernest J. Gaines — P. David Romei Arts Center — 5:30 p.m. — 7:00 p.m.
April 28 Workshop and Regular Meeting — 3:00 p.m. — Council Chambers
April 29 Arbor Day Celebration — Henderson Park — 10 a.m. — noon
April 29 David Giordano Retirement Reception 3:00 — 4:30 p.m. Council Chambers
May 2 Neighborhood Partnership Seminar Supper — CS Conference Center 6:00 — 8:00 p.m.
May 3 Last Day for Early Voting
May 5 An Evening at Grand Central Station for Locomotives on Parade — 7:00 — 9:00 p.m.
May 7 Election
May 9 — 12 Legislative Trip to Washington D.C.
May 12 Workshop and Regular Meeting 2:00 p.m.
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May 16 Intergovernmental Meeting — Brazos County — noon
May 17 Chamber of Commerce — 8:30 a.m.
c May 18 Research Valley Partnership — 3:00 p.m.
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, 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,
Zoning Board of Adjustments
Council member Massey conveyed comments from the Intergovernmental Committee.
Council member Lancaster presented highlights of the monthly meeting of the Brazos County Health
Department.
Council member Wareing presented information from the Research Valley Partnership meeting.
Mayor Pro Tem Maloney noted that Mayor Silvia received his 7 Certificate of Recognition from the TML
Institute of Education.
cro Mayor Pro Tem Maloney stated that the Fraternal Partnership was visited by Miguel Sanchez Miguel from
Ciudad Real. Mr. Miguel met with the Research Valley Partnership, TAMU and the Chamber of Commerce.
Council member Happ said that the Transportation Committee Meeting would be postponed until after the
election.
Mayor Silvia stated that the Animal Shelter was trying to schedule a meeting toward the end of April.
Workshop Agenda Item No. 7 — Executive Session
At 5:03 p.m., Mayor Silvia announced in open session that the City Council would convene into executive
session pursuant to Sections 551.071 and 551.072 of the Open Meetings Act, to seek the advice of the city
attorney with respect to pending and contemplated litigation and consider the purchase of real property.
Consultation with Attorney (Gov't Code Section 551.071); possible 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 an 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)
‘rnipi'CEQ Docket No. 2003- 0544MWD, Application of Nantucket, Ltd.
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Council Meeting 4 -28 -2005 Page 4
TXU Lone Star Gas Rate Request.
Cause No. 03- 002098- CV -85, Brazos County, College Station v. Wellborn Special Utility District
ivil Action No. H -04 -4558, U.S. District Court, Southern District of Texas, Houston Division
via'College Station v. U.S. Dept. of Agriculture, etc., and Wellborn Special Utility District
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 }; 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:
Aggie Field of Honor
Land acquisition on Wellborn Road for proposed cemetery
Council returned to open session. No action was taken.
Regular Agenda
Mayor Silvia called the regular meeting to order at 7:05 p.m. with all council members present. He led the
audience in the Pledge of Allegiance followed by a moment of silence.
p resentations: Texas A &M University Student Government — Jeff Murray, Student Liaison received the
Mayor's Award for their contributions on issues in the community
Public Service Recognition — Julie O'Connell and City Manager Tom Brymer presented
Howard Stough and Frank Vincent, employees of the City, received the SOAR Award.
Jeff Kersten and Phillip Guillen received the Certificate of Achievement for Excellence in Financial Reporting
for 22 °a year.
Mayor Silvia recognized the following individuals with proclamations:
Building Safety Week Proclamation — Lance Simms
National Tourism Week Proclamation — Ron Fulton and Shannon Overby
Historic Preservation Proclamation — Marsh Sanford
Bike to Work Day — Robert Rhodes, owner of Cycles, Etc.
Don't Mess with Texas Proclamation
City Manager Brymer introduced newly appointed Fire Chief Robert B. Alley.
Hear Visitors
Russell Bradley, Bryan City Councilmember presented Council member Massey with a proclamation for all his
fforts as Councilmember.
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Council Meeting 4 -28 -2005 Page 5
Marilyn Hooton addressed the City Council regarding issues of the City Center.
( Nobles addressed the City Council regarding medians on Texas Avenue.
Jody Googler of Aggieland Soccer thanked the Council for the lights at the soccer fields.
Robert Rows, 400 Nagle, expressed positive comments on the sell of alcohol in the Northgate Promenade area.
Consent Agenda
11.1 Approved by common consent minutes for Workshop and Regular Meeting of December 21, 2004
and Workshop and Regular Meeting of January 13, 2005.
11.2 Approved by common consent Resolution No. 4 -28- 2005 -11.02 approving a construction contract
(Contract No. 05 -166) with CDS Enterprises Inc., d/b /a Texcon General Contractors in the amount
of $164,463.12, for the extension of the 18" water line along the eastern right -of -way of State
Highway 6.
11.3 Contract 05 -194. Approved by common consent Resolution No. 4 -28- 2005 -11.03 awarding the
design contract for the Wolf Pen Creek Amphitheater Multi- purpose Building to Patterson Architects
for an amount not to exceed $62,000.00.
11.4 Approved by common consent an Advance Funding Agreement (AFA) with the Texas Department
of Transportation (TxDOT) to construct, as part of the Texas Avenue widening project, a permanent
L median on George Bush Drive between Texas Avenue and Rosemary Lane in an amount not to
exceed $34,289.60.
11.5 Approved by common consent Resolution No. 4 -28- 2005 -11.05 awarding a professional services
contract for the design of Fire Station #3 to Brown Reynolds Watford Architects, Inc. in an amount
not to exceed $92,000.00.
11.6 Approved by common consent Resolution No. 4 -28- 2005 -11.06 awarding a professional services
contract for the design of the Church Avenue Rehabilitation Phase II Project to Mitchell & Morgan,
L.L.P. in an amount not to exceed $85,000.00.
11.7 Approved by common consent Resolution No. 4 -28- 2005 -11.07 authorizing the payment of
$72,000.00 to the Steele Creek Mitigation Bank for 4.8 Mitigation Credits as required by the United
States Army Corps of Engineers (USACE) Section 404 Nationwide Permit No. 14 Application No.
200200723 for the Wolf Pen Creek Upper Trails System Project.
11.8 Presentation, discussion and possible action on a Juvenile Accountability Grant Resolution to
approve application for educational program for First Offenders Program. This item was removed
from the Consent Agenda by staff.
11.9 Approved by common consent Resolution No. 4 -28- 2005 -11.09 approving the Click It or Ticket
Selective Traffic Enforcement Program grant contract for fiscal year 2005.
L
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Council Member Lancaster moved to approve Consent Agenda Items 11.01 — 11.07 and 11.09. 11.08 were
deleted from the consent agenda. Council Member Wareing seconded the motion, which carried
unanimously, 7 -0.
Regular Agenda Item No. 12.1 — Public hearing, presentation, discussion, and possible action on an
ordinance rezoning a portion of the Kolbe property proposed to be incorporated into Horse Haven
Estates, 0.87 acres generally located to the southeast of Horse Haven Lane, from A -O Agricultural Open
to R -1 Single Family Residential.
Director of Planning and Development Services Joey Dunn remarked that the applicant proposed a rezoning
change to incorporate this property into the single family lots that are currently being platted for Horse Haven
Estates. The surrounding properties are zoned R -1 Single Family Residential and A -O Agricultural Open.
The Planning and Zoning Commission and staff recommended approval of the rezoning.
Mayor Pro Tem Maloney opened the public hearing. He closed the public hearing
Council member Happ moved to approve Ordinance No. 2801 rezoning a portion of Kolbe property proposed
to be incorporated into Horse Haven Estates, 0.87 acres generally to the southeast of Horse Have Lane from
A -O Agricultural Open to R -1 Single Family Residential. Motion seconded by Council member Massey
approved by a vote of 6 -0 with Mayor Silvia absent.
Regular Agenda Item No. 12.2 — Public hearing, discussion and possible action on an ordinance vacating
and abandoning the northern 0.583 acre portion of ROW for Renee Lane in College Station, Texas.
'Director of Public Works Mark Smith noted that the portion of Renee Lane to be abandoned is 423.30 ft. in
length and 60 ft. in width. Renee Lane currently ends to the north in this subject vicinity. The development of
future phases of Edelweiss Gartens Subdivision proposes to provide a street connection back through the
subdivision to Victoria Avenue for increased connectivity. There are no public utilities within the subject ROW
to be abandoned.
During the application process residents were contacted. Some opposition was expressed.
Staff recommended approval of the application for abandonment.
Mayor Pro Tem Maloney opened the public hearing. The following persons spoke to the Council in support of
the application.
Steve Arden, 311 Celia Loop
Greg Branson,
Mayor Pro Tem Maloney closed the public hearing.
Council member Berry moved to approve Ordinance No. 2802 vacating and abandoning the northern 0.583
acre portion of ROW for Renee Lane. Motion seconded by Council member Massey which carried by a vote of
[ 6 -0, Mayor Silvia absent.
`.r'OR: Wareing, Maloney, Happ, Massey, Berry, Lancaster
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Council Meeting 4 -28 -2005 Page 7
AGAINST: None
ABSENT: Silvia
Regular Agenda Item No. 12.3 — Presentation, discussion, and possible action to approve an ordinance by
the City Council of the City of College Station, Texas issuing $7,595,000 City of College Station
Certificates of Obligation, Series 2005.
Presentation made during Item No. 12.5.
Regular Agenda Item No. 12.4 — Presentation, discussion, and possible action to approve an ordinance by
the City Council of the City of College Station, Texas issuing $5,710 „000 City of College Station General
Obligation Bonds, Series 2005.
Presentation made during Item No. 12.5.
Regular Agenda Item No. 12.5 — Presentation, discussion, and possible action to approve an ordinance by
the City Council of the City of College Station, Texas issuing $8,035,000 City of College Station Utility
Revenue Bonds, Series 2005.
Fiscal Services Director Jeff Kersten introduced Drew Masterson, Financial Advisor with First Southwest
Company to make presentation. All three Regular Agenda Items, 12.3, 12.4, and 12.5 were presented together.
Council Member Robert Wareing abstained from the vote.
"ouncil member Massey made a motion to approve Ordinance No. 2798 issuing $7,595,000 City of College
tation Certificates of Obligation, Series 2005; Ordinance No. 2799 issuing $5,710,000 City of College Station
General Obligation Bonds, Series 2005; Ordinance No. 2800 issuing $8,035,000 City of College Station Utility
Revenue Bonds, Series 2005.
Councilmember Lancaster seconded the motion which passed unanimously, 6 -0 -1.
FOR: Silvia, Maloney, Massey, Happ, Berry, Lancaster
AGAINST: None
ABSTAINED: Wareing
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 April 28, 2005.
No executive session was held.
Regular Agenda Item No. 14 — Final action on executive session, if necessary.
No action from executive session.
Regular Agenda Item No. 15 - Adjourn
Nearing no objections, the meeting adjourned at 8:53 p.m.
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Council Meeting 4 -28 -2005 Page 8
L'ASSED AND APPROVED this 22 day of August, 2005.
APPROVED:
e/SP ,an,___ S o L i t eir ; 400_
Mayor Ron Silvia
ATTEST•
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City Secretary Connie Hooks
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Traditional Values, Progressive Thinking
In the Research Valley
Mayor City Council
Ron Silvia James Massey
Mayor Pro Tempore John Happ
("4144 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, April 28, 2005 at 4:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
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Traditional Values, Progressive Thinking
In the Research Valley