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HomeMy WebLinkAbout12/15/2005 - Regular Minutes City CouncilCITE of COLLEGE STATION Mayor Council Members Ron Silvia Ben White Mayor Pro Tempore Ron Gay John Happ Susan Lancaster Interim City Manager Chris Scotti Glenn Brown Nancy Berry Minutes College Station City Council Workshop and Regular Meetings Thursday, December 15, 2005 at 2:00 and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor Pro Tem Happ, Council members White, Gay, Lancaster, Scotti, Berry COUNCIL MEMBER ABSENT: Mayor Silvia STAFF PRESENT: Interim City Manager Brown, City Attorney Cargill Jr., City Secretary Hooks, Assistant City Secretary Casares Mayor Pro Tem Happ called the meeting to order at 2:00 p.m. Workshop Agenda Item No. 1 -- Presentation, discussion, and possible action on items listed on the consent agenda. No items were removed for discussion at this time. Workshop Agenda Item No. 2 -- Presentation, discussion, and possible action on the Internal Auditor position approved in the FY 05-06 budget and the creation of an audit committee. Director of Finance and Strategic Planning Jeff Kersten noted that earlier this year the City Council adopted the Stewardship Enhancement Plan which included a recommendation for the addition of an internal audit function to aid management in fulfilling its oversight duties as effectively and efficiently as possible. Such function would assist management in preventing, detecting and deterring fraud by monitoring the design and proper functioning of internal control policies and procedures, evaluating fraud risks and controls, and recommending action to reduce or eliminate risks and improve controls. Also, included was a recommendation to form an audit committee that would be appointed by the City Council. Mr. Kersten pointed out that the City Charter provides that the City Council appoints the City Manager, City Attorney, City Secretary, and Municipal Judge. The charter would have to be amended in order for the City Council to appoint an Internal Auditor. City Council Meeting 12/15/05 Page 2 Mr. Tom Willis of Ingram, Willis & Company described the responsibility of the Internal Auditor and answered questions of the City Council. Council member Gay moved to approve the Internal Auditor position that was approved in the FY 2005-2006 budget, and adding the Charter amendment to the May 13, 2006 Election. Council member Lancaster seconded the motion and carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Council member Gay amended his motion to approve the creation of an audit committee. Council member Lancaster seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Workshop Agenda Item No. 1 -- Presentation, discussion, and possible action on items listed on the consent agenda. The City Council returned to Workshop Agenda Item No. 1. 13.7 — Presentation, possible action and discussion regarding approval of a contract with Young Contractors for the Rehabilitation of Rock Prairie Road, east of Greens Prairie Road, at a cost of $112,309.00. An exception to the competitive bidding process is being requested in order to preserve or protect the public health or safety of the City's residents. Acting Director of Public Works Charles McLemore noted that the project is being built to the City's specifications and the City does not have a formal traffic study. 13.8 — Presentation, possible action, and discussion regarding approval of a contract for the procurement and installation of an Electronic Citation system for the Police Department with Advanced Public Safety, Inc. for an amount not to exceed $132,055.81, for additional hardware and software purchases from CISV vendors not to exceed $103,396, for modifications to the Court software not to exceed $4,600 by PCSS and for project contingency funds of $17,948.19 for a project total of $258,000. Director of Office of Technology and Information Services Olivia Burnside explained that the system will eliminate the need for the records division to re-enter the information from a paper ticket and the need for Municipal Court staff to add additional information from the ticket. 13.14 - Presentation, possible action, and discussion on approving the budget of the Arts Council of Brazos Valley (ACBV); and presentation, possible action and discussion on a City Council Meeting 12/15/05 Page 3 funding agreement between the City of College Station and the Arts Council of Brazos Valley for FY 06 in the amount of $200,000 for the affiliates of the ACBV. Interim City Manager Glenn Brown described the budgeted funding source and the funding agreement between the City of College Station and the Arts Council of the Brazos Valley. 13.17 - Presentation, possible action, and discussion on a resolution selecting the law firm of Coats Rose and authorizing expenditures of up to $80,000 for legal services associated with the proposed Hotel Convention Center project. City Attorney Harvey Cargill noted that the City's Legal Staff has reviewed this firm's qualifications and has determined that they are qualified to provide these types of legal services. 13.18 - Presentation, possible action, and discussion regarding the adoption of a resolution revising the fees for the collection of vital records. City Secretary Connie Hooks illustrated the revision of fees for the collection of vital records. 13.20 — Presentation, possible action, and discussion on a Resolution approving a conveyance agreement to transfer ownership of 1202 Arizona, a single-family undeveloped property, to the local Habitat for Humanity affiliate. Council member Berry requested that this item be removed for a separate vote. Community Revitalization Coordinator Art Roach described the process of obtaining low to moderate income homes. 13.21 — Presentation, possible action, and discussion in consideration of an ordinance amending Chapter 10, "Traffic Code," Section 4E(3)(b) of the Code of Ordinances of the City of College Station allowing parking on a section of Dominik Drive. Interim City Manager Glenn Brown noted that the proposed amendment would allow parking on the north side of Dominik Drive, beginning one hundred and twenty feet north of the intersection of Dominik Drive, Glenhaven Drive and ending at the Dominik Drive cul-de-sac. 13.24 - Presentation, possible action, and discussion on an amendment to the Community Development Division's FY 2005-06 Action Plan and Budget to provide federal CDBG funds to local agencies serving Hurricane Katrina evacuees. Community Development Project Coordinator Debbie Eller clarified the amount of money that the City of College Station and City of Bryan would contribute to fund local agencies. City Council Meeting 12/15/05 Page 4 13.26 -Presentation, possible action, and discussion regarding repealing Ordinance #2793 on the implementation of the Rental Registration Program for duplex and single family rentals. Council member Lancaster requested to remove this item from the Consent Agenda for a separate vote. Workshop Agenda Item No. 3 -- Presentation, possible action, and discussion regarding a follow up report from the Senior Advisory Committee concerning recommendations for a Senior Center. Senior Service Coordinator Marci Rodgers remarked that on July 28, 2005 the Senior Advisory Committee requested permission from the City Council to seek support and input from the community for a future Senior Citizens Center. The Senior Advisory Committee conducted two public meetings in September and six additional meetings with interested groups in October and November. Information from the meetings was included in a report. The report recommended a facility between 15,000 and 22,000 square feet containing meeting rooms, kitchen, dining areas, exercise facilities, Educational Programs, transportation, health services, and walking space. Dr. Robert Meyer described the recommendations for a senior center. Joanne Yeager presented a brief history and study of a senior center. Ray Reed defined the urgency of a senior center. Joe LeCour illustrated the practical side of a senior center. Council member Berry directed staff to move forward with a fiscal impact analysis for the design of the proposed senior center. Council member Lancaster seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Council recessed for a short break at 3:16 p.m. and reconvened the workshop meeting at 3:30 p.m. Workshop Agenda Item No. 4 — Presentation, discussion and possible action regarding the City Center Project. Mayor Pro Tem Happ remarked that this item was tabled on May 26, 2005 until after the Council's strategic planning retreat in June. Council member Berry did not remove this item from the table. City Council Meeting 12/15/05 Page 5 Workshop Agenda Item No. 5 -- Presentation, possible action, discussion regarding a Request for Proposal for Legislative Consulting services for the City of College Station. Manager of Special Projects and Legislative Affairs Don Fazzino noted that the City of College Station has contracted with Dean International for the last five years. The current contract with Dean International expires on December 31, 2005. Staff was authorized by the City Council to seek proposals for a transportation consultant and to include the City of Bryan and Brazos County in the RFP process. The City of Bryan notified us that they are not interested, and the Brazos County has not committed to participate at this time. The scope of work includes assisting the City Council and City staff in the coordination and development of the City's state and federal legislative program. Their issues may include: public safety, law enforcement, business attraction and retention, infrastructure improvements, telecommunications, transportation, solid waste, environment, affordable housing, economic development, revenue enhancement, mandates, homeland security, and other issues. The Council Transportation Committee recommended broadening the RFP to include the full range of service that could be used by the City. Staff recommended proceeding with the RFP process. Council member Gay directed staff to move forward with the RFP process for legislative consulting services for the City of College Station as recommended by staff. Council member White seconded the motion, which carried by a vote of 4-2. FOR: White, Gay, Scotti, Berry AGAINST: Happ, Lancaster ABSENT: Silvia Workshop Agenda Item No. 6 -- 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. Council member Gay requested an agenda item regarding a juvenile curfew for the City of College Station. Council member Lancaster seconded the motion, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Council member White requested an agenda item regarding trash problems along the bypass within the City of College Station. Mayor Pro Tem Happ seconded the motion, which carried unanimously, 6-0. City Council Meeting 12/15/05 Page 6 FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Council member Scotti requested an agenda item regarding the relocation of City Hall. Council member White seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Workshop Agenda Item No. 7 — Council Calendars Agenda Planning Calendar Dec. 12-14 Attorney General Open Meetings Conference — Austin, TX. Dec. 12 Economic Outlook Luncheon — Hilton — 11:30 a.m. Dec. 12 Fraternal Partnership Committee Meeting — 5:30 p.m -Adm Conf Rm Dec. 13 Chamber of Commerce Meeting 8:00 a.m. Dec. 14 Joint Council/P&Z Meeting — 4:00 p.m. Council Chambers Dec. 15 Workshop and Regular Council Meeting, 2:00 pm and 7:00 pm Dec. 19 Intergovernmental Committee, Noon Adm Conf. Room CS City Hall Dec. 23 Holiday — Office Closed Dec. 26 Holiday — Office Closed Jan. 2 Holiday — Office Closed Jan. 12 Workshop and Regular Council Meeting 3:00 and 7:00 p.m. Jan. 16 Holiday — Office Closed City Secretary Connie Hooks presented an overview of the proposed 2006 City Council calendar. Workshop Agenda Item No. 8 -- 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, Wolf Pen Creek TIF Board, Zoning Board of Adjustments. Council member Gay presented highlights of the Chamber of Commerce Legislative Affairs Committee. Council member Scotti commented on the relocation of the Research Valley Partnership meeting. City Council Meeting 12/15/05 Page 7 Mayor Pro Tem Happ expressed comments from the Tex -21 Meeting. Workshop Agenda Item No. 9 -- Executive Session At 4:02 p.m., Mayor Pro Tem Happ 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 551.071} 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 e. 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 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. Gas Reliability Infrastructure Program (GRIP) 2004 k. Resolution ordering Atmos Energy to show just cause Economic Incentive Negotiations {Gov'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: 1. The proposed city convention center and associated privately developed hotel 2. Retail, restaurant, and office development — northwest corner of Highway 6 and Greens Prairie Road 3. Game Day Centers mixed use redevelopment — Church Avenue and Wellborn Road in Northgate 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 Council Meeting 12/15/05 Page 8 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 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: Council Self-evaluation Workshop Agenda Item No. 10 — Final Action on executive session, if necessary. Council returned from executive session at 6:59 p.m. No action was taken. Regular Meeting Mayor Pro Tem Happ called the regular meeting to order at 7:00 p.m. He led the audience in the pledge of allegiance. Pastor Kip R. Gilts from A&M United Methodist Church provided the invocation. Council member Gay moved to approve the absence request from Mayor Silvia. Council member Scotti seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None Mr. M.A. Sterling and the Brazos Valley Troup performed for the City Council and the Citizens of College Station. Mayor Ernie Wentrcek presented Mayor Pro Tem Happ the Brazos Boot award. Hear Visitors Ms. Karen Hall, 5918 East Highway 21, asked the City Council to clarify the power of Eminent Domain in the City of College Station City Charter. Mr. Hugh Sterns, 316 Suffolk, expressed concerns on the Unified Development Ordinance process. Consent Agenda 13.1 Approved by common consent an amendment to an Interlocal Agreement between the cities of Bryan and College Station providing for sharing the cost of an City Council Meeting 12/15/05 Page 9 agreement with TEEX for technical assistance in the development of uniform drainage design guidelines for College Station and Bryan. 13.2 Approved by common consent an amendment adding 122 days and $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. 13.3 Approved by common consent Change Order #2 to Professional Services Contract 03-139 with Mitchell and Morgan, LLP for engineering services for the Annexation Sewer Collection Project, increasing the contract by $3,200.00 for a revised contract amount of $213,945.00. 13.4 Approved by common consent Resolution No. 12-15-2005-13.04 awarding the bid and approving a construction contract (Contract No. 06-28) with Elliott Construction in the amount not to exceed $296,642.90 for construction of the Steeplechase Sewer Impact Fee Line Project, Phase 1. 13.5 Approved by common consent Resolution No. 12-15-2005-13.05 awarding the bid #06-21 and approving a construction contract (Contract No. 06-001) with Acklam Construction, Inc. in an amount of $362,741.00, for the construction of Steeplechase Park. 13.6 Approved by common consent a Pipeline Crossing Permit Agreement for the Steeplechase Sewer Impact Fee Project with Union Pacific Railroad. The permit is required to bore under the railroad bed and install the sewer line. 13.7 Approved by common consent a contract with Young Contractors for the Rehabilitation of Rock Prairie Road, east of Greens Prairie Road, at a cost of $112,309.00. An exception to the competitive bidding process is being requested in order to preserve or protect the public health or safety of the city's residents. 13.8 Approved by common consent a contract for the procurement and installation of an Electronic Citation system for the Police Department with Advanced Public Safety, Inc. for an amount not to exceed $132,055.81, for additional hardware and software purchases from CISV vendors not to exceed $103,396, for modifications to the Court software not to exceed $4,600 by PCSS and for project contingency funds of $17,948.19 for a project total of $258,000. 13.9 Approved by common consent renewal of Collection Agreements for delinquent accounts in Utilities, Municipal Ambulance Services and other miscellaneous revenue; and Municipal Court Fines/Fees for an estimated annual expenditure of $100,000.00 to American Municipal Services Company. 13.10 Approved by common consent a renewal agreement to Brenco Marketing Corp. for gasoline and diesel fuel with annual estimated expenditures totaling $1,267,340.00. City Council Meeting 12/15/05 Page 10 13.11 Approved by common consent a funding agreement between the City of College Station and Keep Brazos Beautiful for FY 06 in the amount of $45,000. 13.12 Approved by common consent the budget of the African American National Heritage Society (AANHS); and approved by common consent a funding agreement between the City of College Station and the African American National Heritage Society for FY 06 in the amount of $17,000. 13.13 Approved by common consent the budget of the Brazos Valley Museum of Natural History; and presentation, approved by common consent a funding agreement between the City of College Station and the Brazos Valley Museum of Natural History for FY 06 in the amount of $12,000. 13.14 Approved by common consent the budget of the Arts Council of Brazos Valley (ACBV); and approved by common consent a funding agreement between the City of College Station and the Arts Council of Brazos Valley for FY 06 in the amount of $200,000 for the affiliates of the ACBV. 13.15 Approved by common consent Resolution No. 12-15-2005-13.15 approving landscape maintenance contracts with Rainbow Gardens in the amount of $47,283.00 and Landscape USA in the amount of $23,170.00. 13.16 Approved by common consent Resolution No. 12-15-2005-13.16 awarding construction Contract No. 06-034 to W.W. Payton Corp. to construct two water wells in minor aquifers. The amount of the contract is $1,723,000. 13.17 Approved by common consent Resolution No. 12-15-2005-13.17 selecting the law firm of Coats Rose and authorizing expenditures of up to $80,000 for legal services associated with the proposed Hotel Convention Center project. 13.18 Approved by common consent the adoption of a resolution revising the fees for the collection of vital records. 13.19 Approved by common consent Needs Resolution No. 12-15-2005-13.19 for a Public Utility Easements for the Water Service Extension Project. The easements are along the west side of Hwy 6, South, south of Greens Prairie Road. 13.20 Approved by common consent Resolution No. 12-15-2005-13.20 conveyance agreement to transfer ownership of 1202 Arizona, a single-family undeveloped property, to the local Habitat for Humanity affiliate. Council member Berry abstained from this item. 13.21 Approved by common consent Ordinance No. 2854 amending Chapter 10, "Traffic Code," Section 4E(3)(b) of the Code of Ordinances of the City of College Station allowing parking on a section of Dominik Drive. City Council Meeting 12/15/05 Page 11 13.22 Approved by common consent a request for Oversize Participation (OP) for a water line improvement for the Quality Suites Hotel located at 3610 Hwy 6 South on Lots 5 through 10 in the Southwood Valley Subdivision Phase 4, being made per City Code of Ordinances, Chapter 9, Subdivision Regulations, Section 9, Responsibility for Payment for Installation Costs, 9-A Oversized Participation in the amount of $30,067.00. 13.23 Approved by common consent a request for Oversize Participation (OP) for a sanitary sewer improvement for the Ameri Suites Hotel on Lot 1 R, Block 1 of the Wheeler Subdivision Phase 2 being made per City Code of Ordinances, Chapter 9, Subdivision Regulations, Section 9, Responsibility for Payment for Installation Costs, 9-A Oversized Participation in the amount of $5,454.00. 13.24 Approved by common consent an amendment to the Community Development Division's FY 2005-06 Action Plan and Budget to provide federal CDBG funds to local agencies serving Hurricane Katrina evacuees. 13.25 Approved by common consent an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TxDOT) to paint the existing signal poles at the FM 2154 (Wellborn Road) and Rock Prairie Road intersection as part of the Texas Department of Transportation's project to widen FM 2154 between FM 2818 and SH 40. The estimated cost of the City's participation is $7,500. 13.26 Presentation, discussion and possible action regarding repealing Ordinance #2793 on the implementation of the Rental Registration Program for duplex and single family rentals. Council member Gay move to approve Ordinance No. 2855 repealing Ordinance No 2793 on the implementation of the Rental Registration Program for duplex and single family rentals. Council member Berry seconded the motion, which carried by a vote of 5-1. FOR: Happ, White, Gay, Scotti, Berry AGAINST: Lancaster ABSENT: Silvia Regular Agenda Regular Agenda Item No. 14.1 — Public hearing, presentation, discussion, of an ordinance abandoning a portion of Christine Lane. Director of Public Works Mark Smith commented that the property owner and developer requested the abandonment of a portion of Christine Lane that stretches along the North side of the O.D. Butler tract from Wellborn Road to the rear of the CSISD administration building. The roadway was not dedicated to the City by plat or deed but was considered a public street by use only. The proposed ordinance abandons the area for use as a roadway and retains a public utility easement. Neither adjacent property owners nor City Council Meeting 12/15/05 Page 12 utility companies object to the proposed abandonment of this section of roadway. The purpose of the abandonment would facilitate the proposed Woodlands development. Staff recommended approval of the proposed ordinance abandoning a portion of Christine Lane. Mayor Pro Tem Happ opened the public hearing. Chuck Ellison, 302 Holleman Drive East, Suite 76, offered to answer question of the City Council. Council member Gay moved to approve Ordinance No. 2856 abandoning a portion of Christine Lane. Council member White seconded the motion, which carried by a vote of 6-0. FOR: Happ, White, Gay, Scotti, Berry, Lancaster AGAINST: None ABSENT: Silvia Regular Agenda Item No. 14.2 — Public hearing, presentation, possible action, and discussion on two Comprehensive Plan Amendments for an area totaling 82.2 acres; Part A consists of 26.3 acres and is located at the intersection of Arrington Road at Greens Prairie Road to amend the Land Use Plan from a combination of Institutional and Regional Retail to exclusively Regional Retail; Part B consists of 55.9 acres located between Greens Prairie Road and Arrington Road to amend the Land Use Plan from Single-family Residential Medium Density to Regional Retail and from Single-family Residential Medium Density to Residential Attached. Senior Planner Trey Fletcher presented the Comprehensive Plan Amendments. This request is consistent with the current Comprehensive Plan policy which encourages regional retail to be centralized around major intersections within the community. Part A: The Planning and Zoning Commission and staff recommended approval of the request as submitted. Part B: The Planning and Zoning Commission and staff recommended approval of the request to amend the Land Use Plan from Single-family Residential to Regional Retail as submitted, but recommended denial of the request to amend the plan from Single-family Residential to Residential Attached as submitted. Mayor Pro Tem Happ opened the public hearing Part A. The following citizens spoke in favor of the amendments. Joe Schultz, 1707 Graham Road Jim Jett, 5004 Congressional Ct. City Council Meeting 12/15/05 Page 13 The following citizen spoke in favor of the amendments for Park B. Joe Schultz, 1707 Graham Road Jim Jett, 5004 Congressional Ct. Council member Berry moved to approve Ordinance No. 2857 amending the Comprehensive Plan for an area of 26.3 acres located at the intersection of Arrington Road at Greens Prairie road amending the Land Use Plan from a combination of Institutional and Regional retail to Exclusively Regional Retail. Council member Lancaster seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Council member Berry moved to approve Ordinance No. 2858 amending the Land Use Plan for an area of 55.9 acres located between Greens Prairie Road and Arrington Road from Single-family Residential Medium Density to Regional Retail, with staff recommendation. Council member Lancaster seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Regular Agenda Item No. 14.3 -- Public hearing, presentation, possible action, and discussion on a Comprehensive Plan Amendment to amend the Land Use Plan from Industrial/R&D to Residential Attached and Regional Retail for an area consisting of 22.62 acres and generally located north of Raymond Stotzer Parkway (FM 60) between Turkey Creek Road and FM 2818. (05-0500186) Senior Planner Trey Fletcher remarked that the property owner requested to amend the Land Use Plan prior to processing rezoning requests for R-4 Multi -Family and C-1 General Commercial. The Unified Development Ordinance requires that zoning map amendment must be in compliance with the Comprehensive Plan. The property owner proposed luxury multi -family and high end retail uses are planed. The Planning and Zoning Commission recommended approval of the amendment; however staff recommenced denial of the request as submitted, due to its conflict with the F&M Small Area Plan. Mayor Pro Tem Happ opened the public hearing. Greg Taggart, Municipal Development Group, spoke in favor of the Comprehensive Plan amendment. City Council Meeting 12/15/05 Page 14 Robert Aiello, Project Developer, spoke in favor of the Comprehensive Plan amendment. Mayor Pro Tem Happ closed the public hearing. Council member Berry moved to deny the Comprehensive Plan Amendment. Council member White seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Regular Agenda Item No. 14.4 --Public hearing, presentation, possible action, and discussion regarding an ordinance amending Chapter 9, "SUBDIVISIONS" OF THE CODE OF ORDINANCES OF THE CITY OF COLLEGE STATION, TEXAS, by amending certain sections of the parkland dedication ordinance; providing a severability clause; declaring a penalty; and providing an effective date. Director of Parks and Recreation Steve Beachy presented a brief overview of the history of the proposed amendment. He described the following proposed changes: Section 1: Defines process for "phased" subdivision development. Section 2: Provides administrative approval for small developments. Section 4: Provides methodology for the developer to construct a park Section 10: Provides warranty requirements for park improvements The Parks and Recreation Board, Planning and Zoning Commission and staff recommenced approval of the proposed amendment to the parkland dedication ordinance. Mayor Pro Tem Happ opened the public hearing. No one spoke. Mayor Pro Tem Happ closed the public hearing. Council member Gay moved to approve Ordinance 2859 amending Chapter 9, "Subdivisions" of the Code of Ordinances of the City of College Station, Texas by amending certain sections of the parkland dedication ordinance; providing a severability clause; declaring a penalty; and providing an effective date. Council member Lancaster seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia City Council Meeting 12/15/05 Page 15 Regular Agenda Item No. 14.5 —Presentation, possible action, and discussion on the 2005 Gainsharing Distribution. Director of Finance and Strategic Planning Jeff Kersten noted that Gainsharing is a program designed to share with the employees the successes of being efficient, highly productive, innovative and creative. Gainsharing is a component of the City's compensation system and is a tool to encourage employees to find ways to reduce cost and generate budget savings. The savings are shared throughout the city and the employees. The total savings for 2005 was $624,943. Two thirds of this total, $416,629, remains in the fund it was saved in. Approximately one third, $208,314, is available to Gainsharing distribution to employees. Staff recommended approval of the 2005 Gainsharing distribution to eligible employees. Council member Lancaster moved to approve 2005 Gainsharing distribution to eligible employees. Council member Berry seconded the motion, which carried unanimously, 6- 0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Workshop Agenda Item No. 14.6 — Presentation, possible action, and discussion regarding an interlocal agreement between the City of College Station and Brazos County regarding animal control services. Interim City Manager Glenn Brown remarked that Brazos County asked the cities of College Station and Bryan to provide animal control services within the County outside city limits. College Station would be responsible for the geographic area south of a line including University Drive in the west, proceeding to FM 158, and ending with State Highway 30 in the east. The City of Bryan would be responsible for the area north of that line. The County will pay the City an amount not to exceed $77,000 for the first year of services. Council member Gay moved to approve an interlocal agreement between the City of College Station and Brazos County regarding animal control services. Council member White seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None ABSENT: Silvia Workshop Agenda Item No. 14.7 — Presentation, possible action, and discussion regarding a Memorandum of Understanding among the City of College Station, LMZ City Council Meeting 12/15/05 Page 16 Ventures, LTD., and Presidian Destinations, LTD. for the hotel and convention center project. Director of Community and Economic Development Kim Foutz noted that the Memorandum of Understanding (MOU) outlines the responsibilities of the City, LMZ Ventures, LTD., (LMZ) and Presidian Destinations, LTD. regarding development and operation of the full service hotel and convention center. The following primary provisions and role in the Memorandum of Understanding include the following: ■ City, as owner of the convention center, is responsible for the financing, construction, and equipping of approximately 37,800-47,800 net leasable s.f. convention center with a cost not to exceed $25 million. The Convention Center will have a grand ballroom, junior ballroom, exhibit hall, and a break-out meeting space. ■ LMZ, as owner of the hotel, is responsible for the financing and construction of a full service hotel and optional residential condos with a minimum capital investment of $37,500,000. The hotel will include a 250 room -full service hotel and restaurant with a Marriott brand or brand acceptable to the City. ■ The contract provides for a nine month process to construction. ■ The contract establishes a per -square -foot sale price and an approximate size for the City -owned portion of the site. ■ Negotiation and execution of all necessary agreements including the Development, Project Management, Operating, Management, Pre -opening, and Real Estate Agreements ■ Presidian would manage the Hotel, Convention Center, Shared Facilities, and a jointly owned Parking Garage on behalf of the City pursuant to Management and Operating Agreements and Parking Garage Lease. ■ LMZ will serve as Project Manager pursuant to a Project Management Agreement. Services will include coordination and oversight of the planning, design, construction, and installation of the furniture, fixtures and equipment of the convention center. City has final design control. ■ The obligations of the City are contingent upon participation by the County in the Tax Increment Finance District. ■ LMZ will convey fee simple ownership of a portion of the 4 acre site to the City which is located on Church Avenue on the undeveloped "mud lot". Mr. Hub Kennedy expressed comments regarding the Hotel and Convention Center. Council member Scotti moved to approve a Memorandum of Understanding among the City of College Station, LMZ Ventures, LTD., and Presidian Destinations, LTD. for the hotel and convention center project. Council member Gay seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None City Council Meeting 12/15/05 Page 17 ABSENT: Silvia Regular Agenda Item No. 14.8 — Presentation, possible action, and discussion on appointments for College Station representatives on the Joint Relief Funding Review Committee, the B -CS Library Board, and the Wolf Pen Creek TIF Board. City Secretary presented an overview of the various board appointments. B -CS Library Advisory Board Council member Gay moved to re -appoint Larry Ringer and Mary Fran Troy to the B -CS Library Board. Council member Lancaster seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None Wolf Pen Creek TIF Board Council member Scotti moved to re -appoint Sharon Colson and Marsha Sanford to the Wolf Pen Creek TIF Board. Council member White seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None Joint Relief Funding Review Committee Council member White moved to re -appoint Mary Sherwood and Kevin Byrne to the Joint Relief Funding Review Committee. Council member Lancaster seconded the motion, which carried unanimously, 6-0. FOR: Happ, White, Gay, Lancaster, Scotti, Berry AGAINST: None Regular Agenda Item No. 15 — The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for December 15, 2005. Council completed executive session prior to the regular meeting. Regular Agenda Item No. 16 -- Final Action on executive session, if necessary. No action was taken. City Council Meeting 12/15/05 Page 18 Regular Agenda Item No 17 -- Adjourned. Hearing no objections, the meeting adjourned at 9:08 p.m. Thursday, December 15, 2005. PASSED AND APPROVED this 9th day of March, 2006. TTEST: City Secretary Connie ooks (Akritir CITY OF COLLEGE STATION Mayor Council Members Ron Silvia Ben White Mayor Pro Tempore Ron Gay John Happ Susan Lancaster Interim City Manager Chris Scotti Glenn Brown Nancy Berry College Station City Council Workshop Meeting Sign In Sheet Thursday, December 15, 2005 at 2:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas 11. 3. 12. 13. f-4 4,‘ 15. 5. 6. 1,•,) 16. grpt 17. 18. 19. 20. CrrY OF COLLEGE STATION Mayor Council Members Ron Silvia Ben White Mayor Pro Tempore Ron Gay John Happ Susan Lancaster Interim City Manager Chris Scotti Glenn Brown Nancy Berry College Station City Council Regular Meeting Sign In Sheet Thursday, December 15, 2005 at 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas 2. k/SR&A/ 14444- 11. Atb 12. 3. 4-4-zti4f 13. 15. 16. 17. 18. 19.