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HomeMy WebLinkAbout01/25/2001 - Regular Minutes City CouncilCollege Station, Embrtwlng the Past, Exploring the Ftmsre Mayor Lynn Mcllhaney Mayor Pro Tempore Larry Mariott City Manager Thomas E. Brymer City Council James Massey Ron Silvia Winnie Garner Dennis Maloney Anne Hazen MINUTES COLLEGE STATION CITY COUNCIL Workshop and Regular Meetings Thursday, January 25, 2001 at 3:00 p.m. and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCIL MEMBERS PRESENT: Mayor McIlhaney, Mayor Pro Tem Mariott, Councilmembers Massey, Maloney, Silvia, Hazen and Garner STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Director of Development Services Callaway, Director of Fiscal Services Cryan, Director Technology & Information Services Piwonka, Director of Public Services Smith, Assistant Director of Public Works/BVSWMA Director Smith, Project Coordinator Balmain, Director of Community Development Brumley, Budget and Strategic Planning Manager Kersten, Director of Public Utilities Woody, Staff Planner Jimmerson Mayor Mcllhaney called the workshop meeting to order at 3:09 p.m. Altenda Item No. 1 - Discussion Of consent agenda items listed for Reltular Council Meetimt. 10.09 Discussion and possible action on a Memorandum of Understanding with the Texas Transportation Institute to develop and implement Intelligent Transportation Systems in College Station. Mayor Mcllhaney reported that this item was removed by staff for placement on a future agenda. 10.11 Electric Transmission and Wheeling Costs. Electric Division Manager David Massey explained that the transition mechanism allowed the gradual increase in transmission rates over the past four years. Funds were budgeted in the Public Utilities Electric Division operating budget. No action was taken. City Council Meetings 1/25/01 Page 2 Anenda Item No. 2 - Presentntion~ discussion and possible action on proposed smokinn ordinnnce. City Attorney Harvey Cargill presented this item. He explained that the Joint Legislative Committee held meetings to discuss revising the City of College Station and City of Bryan current smoking ordinances. The proposed Ordinance revision presented at this meeting would provide more stringent guidelines for smoking in public places than the current ordinance. He further stated that items mandated by state law are not part of the proposed smoking ordinance. Mr. Cargill pointed out there are exceptions to the non- smoking ban in section B (2) a-d listed below. · Private social functions · Theatrical performances · Tobacco specialty shop · Bar or a bar area physically separate from a food establishment area This proposed smoking ordinance provides that public places are non-smoking listed in Section C l(a-i). However, a person in charge may designate a smoking area between the hours of 10:00 p.m. and 6:00 a.m. in restaurants and cafeterias with a seating capacity greater than fifty persons; provided, the smoking areas cannot be greater than fifty percent of the seating capacity and there shall be a four foot separation between the smoking and non-smoking areas. Restaurants and cafeterias of fifty or less shall not allow smoking. Mr. Cargill emphasized that all public places are non-smoking unless it is classified as a bar. Mr. Cargill referred to the section in the ordinance that addressed owner and operator responsibilities. At the direction of the Legislative Committee, this section read as follows: "A person commits an offense if he is the owner, operator, manager or an employee of an establishment and he intentionally permits or fails to make a reasonable effort to prevent smoking in a "no smoking" area." Council presented an overall viewpoint on this issue that conveyed their interest in preserving the safety, health, and welfare of its citizens by making changes to the current ordinance that are more restrictive and provide a better environment for restaurant patrons. Council felt that the "bar area" in a restaurant should not be an exception as mentioned above. Council directed staff to prepare a draft ordinance for the joint meeting on January 30 with the City of Bryan for consideration that deletes "bar area" from the ordinance, providing for no smoking in these areas as well. Council also discussed a time frame before enforcement occurs. No official action was taken. City Council Meetings 1/25/01 Page 3 A~enda Item No. 3 - Presentation~ discussion and possible action on Vision Statement #3. Strntenv #3~ Implementation Plan - Initiate Multi=Family Recycling. Jim Smith, Assistant Director of Public Works/BVSWMA presented a study that showed the technical and financial feasibility of implementing a multi-family recycling service in College Station. Mr. Smith noted that the City of College Station residents will see an increase of multi-family residents and therefore, increased demands for recycling options will occur. Mr. Smith explained the objectives, success factors, approaches and the solution analysis. Staff recommended a pilot program that will begin February 1, 2001 - February 1, 2002. Councilman Silvia made a motion to direct staffto proceed with the pilot project as presented. Motion seconded by Councilman Hazen, which carried by a vote of 7-0. FOR: Silvia, Hazen, Mcllhaney, Mariott, Garner, Maloney and Massey AGAINST: None Anenda Item No. 4 - Presentation~ discussion and possible action on the Information nnd Referral Services being provided by United Way's First Call for Help" DroRram. Kay Parker with the United Way agency presented information on a new program called First Call for Help. The program was established to provide a centralized directory to all types of services that are utilized by residents that need assistance. She commented that in July 2000, the Federal Communications Commission approved phone number 211 for non-emergency calls. Council asked questions about the public information campaign. No official action was taken. Anenda Item No. S - Council Calendars Angelou Economic & Technology Forecast, Austin, 1/23 Breakfast with the Mayor, Jr. High and High School Students, 1/26, 7:30 a.m. - 9:30 a.m., Conference Center TML Legislative Briefing, Austin, 2/5 Council Workshop and Regular Meetings, 2/8 and 2/22. Economic Development Conference, Dallas, 3/1 A~enda Item No. 6 = Hear Visitors. Council did not receive any public comments. Aeenda Item No. 7 - Executive Session At 4:55 p.m., Mayor Mcllhaney announced that the City Council would convene into executive session pursuant to Sections 551.071, 551.072, 551.074 and 551.086 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and City Council Meetings 1/25/01 Page 4 contemplated litigation, to discuss the purchase of real property, to consider the appointment and evaluation of public officers, and to consider economic development negotiations. 1. Cause No. 2. Cause No. 3. Cause No. 4. Cause No. 5. Cause No. 6. Cause No. 7. Cause No. 8. Cause No. 43,098-85, Brazos County - Bryan v. College Station 96-03168, Travis County - Bryan, et al. v. PUC (intervention 9%02587, Travis County- 98-13391, Travis County - 96-06940, Travis County - 9%07000, Travis County- Bryan, et al v. PUC (intervention) Bryan, et al. v. PUC (intervention Bryan, et al. v. PUC (intervention TMPA v. PUC (intervention 98-11817, Travis County - TMPA v. PUC (intervention GN002343, Travis County - San Antonio v. PUC (intervention) 9. Cause No. GN002513, Travis County-San Antonio v. PUC (intervention) 10. Cause No. 49,367-CCL2, Brazos County - Wilkerson v. College Station 11. Cause No. 50,943-CCL - Brazos County - College Station v. SSC Development, et al., Civil 12. Action No. 01-98-011056-CV, Court of Appeals Gold v. College Station 13. Docket Nos. TX96-2-000 and TX96-2-001, FERC - College Station, applicant 14. Cause No. 50,813-85, Brazos County - College Station v. Phillips Swager Associates, Inc.; et al. 15. Cause No. 51,822-CC 1, Brazos County - Felder v. College Station Competitive Matters {Gov't Code Section 551.086} I. Assessment and Evaluation of the City of College Station's ability to provide electric utilities service in the new market place. A review of its strengths weaknesses - threats to its ability to provide electric utility service. Real Estate {Gov't Code Section 551.072} 1. Community Park Land Acquisition Personnel {Gov't Code Section 551.074} 1. City Secretary Annual Evaluation Economic Incentive Negotiations {Gov't Code Section 551.072} 1. Viatel Incentives These minutes shall note that council did not receive any public comments. Council recessed from executive session at 7:00 p.m. and reconvened the executive session following the regular meeting agenda. Reeular Meetinn Mayor Mcllhaney opened the regular meeting at 7:10 p.m. All council members were present. She led the audience in the pledge of allegiance. Rev. A.C. Clark provided the invocation. City Council Meetings 1/25/01 Page 5 Consent Aeenda 10.1 Approved by common consent the minutes for City Council workshop and regular meeting on January 11,2001. 10.2 Bid No. 01-17 - Approved by common consent the purchase of four Thermal Imaging Cameras for the Fire Department. Awarded to lowest, responsible bidder meeting specifications, Rescue Concepts, Inc. in the amount of $64,900.00. Funds available and budgeted in the General Fund, Fire Suppression Division. 10.3 Bid No. 01-28 - Approved by common consent a resolution approving a construction contract for the Wolf Pen Creek Channel Improvements, Brush Clearing Operations. Awarded to lowest, responsible bidder meeting specifications, Terra Services, Inc. in the amount of $24,975.00. Funds available and budgeted in the Drainage Utility Fund. 10.4 Bid No. 01-29 - Approved by common consent the purchase of flow monitors for the Water/Wastewater Treatment Plant. Awarded to lowest, responsible bidder meeting specifications, Macauley Controls Co., in the amount of $50,515.00. Funds available and budgeted in the Sewer Fund. 10.5 Approved by common consent a real estate contract for the purchase of 205 George Bush Drive East and 1304 Foster. The contract is in the amount of $112,000. Funds available and budgeted in the George Bush East Widening Project. 10.6 Approved by common consent on a real estate contract for the purchase of a right- of-way easement and a utility easement for the Dartmouth Drive Extension Project for a total purchase price of $112,253.00. Funds available and budgeted in the Dartmouth Drive Extension Project. 10.7 Approved by common consent an Inteflocal Agreement for EMS First Responder Program between College Station, Bryan, and Brazos County Volunteer Fire Departments. 10.8 Approved by common consent an agreement with Fulbright and Jaworski L.L.P. to expend up to $50,000 for legal services associated with the hotel/conference center project in the Highway 30/60 corridor. Councilman Garner abstained. 10.9 Discussion and possible action on a Memorandum of Understanding (MOU) with the Texas Transportation Institute (TTI) to develop and implement Intelligent Transportation Systems (ITS) in College Station. Removed from agenda by staff. No action was taken. City Council Meetings 1/25/01 Page 6 10.10 Approved by common consent Change Order #1 to the Eastgate Utility Rehabilitation Project to Young Contractors, in the amount of$32,415.00 for the re-routing of private water services. 10.11 Approved by common consent the authorization to increase funds available for Electric Transmission wheeling and loss payments for Year 2000 from $900,000 to $1,415,000. Funds available and budgeted in the Public Utilities Electric Division operating budget. 10.12 Approved by common consent a resolution adopting a revised investment policy. Councilman Garner abstained. 10.13 Approved by common consent a resolution approving the reassignment of a professional services contract for Phase I design of Veterans Park and Athletic Complex from O'Malley Engineers to OW[alley Engineers, L.L.P. 10.14 Approved by common consent Ordinance No. 2486 amending Chapter 4, "Business Regulations", Section 7, "Ambulances", of the Code of City Ordinances. 10.15 Approved by common consent Ordinance No. 2487 amending Chapter 10 of the Code of Ordinances removing the daily maximum fee that can be charged at the Northgate Promenade Parking Lot. This amendment is required due to the equipment change on the lot from a master meter to individual space meters. Reeular Aeenda Agenda Item No. 11.1 - Public hearing~ discussion and possible action on an ordinance rezoning 11.5 acres out of the Horse Haven Estates Subdivision from A-O agricultural Open and R-I~ Sinele Family Residential to PDD-B~ Planned Development District - Business~ located on the north bound frontage road of Earl Rudder Freeway between Raintree Drive and Harvey Road. Staff Planner Jessica Jimmerson stated that the applicant requested to rezone this property to allow for a large retail center on the site. The Land Use Plan and the East Bypass Plan showed this are to be Mixed Use. The applicant began discussions with the City about this project prior to the kickoff of the East Bypass Study; however, the applicant did attempt to incorporate some of the suggestions of the study into the conceptual plan. Ms. Jimmerson explained two major differences between the East Bypass Plan and the aspects of this rezoning. First, the East Bypass Plan discourages big box commercial development. This development will be buffered by a four-acre floodplain that separates the existing residents. Secondly, the East Bypass Plan recommended that parking be placed at the side or in the rear of buildings. The applicant has stated that the subject property is not wide enough along the frontage road to allow for the building to be placed at the front of the property. To compensate for this as well as to address the concerns City Council Meetings 1/25/01 Page 7 over aesthetics in the East Bypass Plan, Academy proposed landscaping and streetscaping that is more than triple the current requirements in the ordinance. Staff concurred with the applicant's proposal. Planning and Zoning Commission and staff recommended approval. The following citizens spoke in opposition the rezoning. David Pfannstiel, 8710 Greenleaf Boyce Sorrell, 7704 Sherman Court Brenda Sorrell, 7704 Sherman Court Matthew Wendell, 2612 Sandelwood Court Sherry Ellison, 2705 Brookway Drive Jan Pfannstiel, 8710 Greenleaf The following citizens spoke in favor of the rezoning Bert Hermann, 2401 Earl Rudder Freeway, owner of property. Tim Dikes, architect for the project Mayor Mcllhaney closed the public hearing. Mayor Pro Tem Mariott made a motion to approve Ordinance No. 2488 with staff recommendations rezoning 11.5 acres from A-O, Agricultural Open and R-1 Single Family Residential to PDD-B, Planned Development District - Business. Motion seconded by Councilman Silvia, which carded by a vote of 7-0. FOR: Mariott, Silvia, Mcllhaney, Cramer, Hazen, Maloney and Massey AGAINST: None Agenda Item No. 11.2 -- Presentation~ discussion and possible action on an ordinnnce nmendinl~ Chapter 9, Collel~e Station City Code, limiting, reolnttin~ in subdivisions plntted prior to July 15~ 1970. Director of Development Services Jim Callaway presented this item. Mr. Callaway stated that the current moratorium on plat applications in the Eastgate and Southside areas would expire on February 15, 2001. The Planning and Zoning Commission tabled the rezoning previously initiated to place the Neighborhood Preservation Overlay into effect. The proposed ordinance amendment provides an alternate measure for addressing residential infill issues in older area and amends the subdivision regulations, limiting replats in residential subdivisions for which plat were filed for record prior to July 15, 1970. He explained the exceptions where plats can be considered: · Plats which do not create an additional lot or building plot - This allows correcting plats, plats to adjust a lot line, etc. City Council Meetings 1/25/01 Page 8 · Plat which do create an additional lot or building plot when the resulting lots provide a width which meets or exceeds the average lot width on the block - This is a "contextual standard" as recently discussed by our code consultant. · Plats in the Northgate Redevelopment area can be considered. These measures will not prevent infill development in older subdivisions, but will limit residential infill with density based on area lot widths. Unplatted property is not affected and could be platted and developed in accordance with current stands. This section, if adopted, will expire on January 1, 2002. Staff recommended approval of the ordinance. The following persons addressed ordinance amendment. Dock Burke, 502 West Dexter, Mike Luther, 1614 Welch Benito Flores-Meath 901 Val Verde the council with concerns regarding the proposed Councilman Maloney made a motion to table this item until the February 8, 2001 meeting. Motion seconded by Councilman Hazen, which carried by a vote of 7-0. FOR: Maloney, Hazen, Mcllhaney, Mariott, Garner, Silvia and Massey AGAINST: None Agenda Item No. 11.3 -- Public henring~ discussion and possible action on nn ordinnnee nmendinn the City of College Station 2000-2001 Budget by $1~388~552 in vnrlous funds; nnd authorizing nn increase in the maximum limit of approval for expenditures by the City Manager from $15~000 to $50~000. Budget and Strategic Planning Manager Jeff Kersten described the appropriations proposed in the ordinance amending the FY 01 Budget outlined below: · Gainsharing $243,882 - To provide the budget appropriation for the 2000 Galnsharing distribution approved by the City Council on November 9, 2000. Funds are available in the various operating fimds for this appropriation. Water Oversized Participation $357,368 - To provide the budget appropriation in the Water Fund and the Water Capital Project Fund for 2 Oversized Participation projects approved by the City Council The first project is the Castlegate Oversized Participation approved by the City Council on November 11, 2000. The second project is the Greensworld Oversized Participation approved by the City Council on December 14, 2000. Funds are available in the Water Fund working capital for this appropriation. Economic Development Incentive - Lane College Station Limited Partnership $282,500 - To provide the appropriation for an economic development incentive to Lane College Station Limited Partnership approved by the City Council on City Council Meetings 1/25/01 Page 9 December 14, 2000. This will provide the appropriation in the Electric Fund for this project. Funds are available in the Electric Fund for this appropriation. The Hotei/Motel Fund will repay the Electric Fund over a 5-year period. Dean International Agreement - $180,000 - To provide the appropriation in the General Fund for the Dean International contract approved by the City Council at the December 14, 2000 City Council Meeting. This agreement calls for Dean International to develop strategies to accomplish a transportation improvement plan for the City of College Station. Funds for this appropriation are available in the General Fund balance. Juvenile Accountability Grant - $17,100 - To provide the appropriation in the General Fund for the Juvenile Accountability Grant for "Decision Making" for first Offenders. This grant was accepted by the City of College Station on September 14, 2000. Funds for this appropriation are available in the General Fund. Police Motorcycle and Permit Coordinator Grant Carryover from FY O0 - $53,302 - To provide the budget appropriation in the General Fund for equipment purchases in the Police Department. This includes the equipment for the 2 motorcycles, and the computer equipment for the alarm permit program. This project was approved in last year's budget, however the equipment was not purchased due to delays in notification from the federal government on the grant the equipment was contingent on. Funds for this appropriation are available in the General Fund. Melrose TIF - $254,400 - To provide the appropriation in the Melrose TIF Fund for the obligation the City has under the development agreement with the Melrose apartment complex. In December the Melrose TIF approved a budget of $254,400. Funds for this appropriation are available in the Melrose TIF Fund. Legal Position - To upgrade of a temporary/seasonal legal clerk position to a regular three quarter time legal clerk position. This change is being made in order to attract and retain a person in this position. The additional costs for this position will be included in the FY 02 budget. This will add a regular three quarter time benefited position to the budget, and eliminate the existing temporary seasonal position. If approved, this change will increase the total number of regular full and part time positions in the FY 00-01 budget from 715.5 to 716.25. Increasing the Maximum Limit of Approval for Expenditures by the City Manager from $15,000 to $50,000 - To amend the budget ordinance and give the City Manager authority to approve expenditures up to $50,000. The current limit is $15,000. This will streamline the approval process for many items that are approved in the annual budget, and will allow the City Council to focus on the longer-term policy issues of the City. City Council Meetings 1/25/01 Page 10 Mayor Mcllhaney opened the public hearing. No one spoke. Mayor Mcllhaney closed the public hearing. Mayor Pro Tem Mariott made a motion to approve Ordinance No. 2489 amending the budget by $1,388,533 in various funds. Motion seconded by Councilman Massey, which carried by a vote of 7-0. FOR: Mariott, Massey, Mcllhaney, Hazen, Garner, Maloney and Silvia AGAINST: None Agenda Item No. 11.4 -- Presentation~ discussion and possible action on appointments for College Station representatives on the Joint Relief Fundin~ Review Committee nnd College Station Representatives on the B-CS Library Committee. Councilman Silvia made a motion to appoint David Decker to a three-year term for membership on the Joint Relief Funding Review Committee. Motion seconded by Mayor Pro Tem Mariott, which carried unanimously, 7-0. FOR: Mcllhaney, Mariott, Massey, Garner, Silvia, Maloney, Hazen AGAINST: None Councilman Maloney made a motion to change the terms of membership on the Joint Relief Funding Review Committee to calendar year, January through December. Seconded by Councilman Silvia, which carded unanimously, 7=0. FOR: McIlhaney, Mariott, Massey, Garner, Silvia, Maloney, Hazen AGAINST: None Councilman Silvia made a motion to appoint Shirley Watts and Charles Smith to two-year terms on the B-CS Library Committee. Motion seconded by Mayor Pro Tem Mariott, which carried unanimously, 7-0. FOR: McIlhaney, Mariott, Massey, Garner, Silvia, Maloney, Hazen AGAINST: None Aeenda Item No. 12 - Executive Session. At 9:06 p.m., Mayor McIlhaney announced that the City Council would convene into executive session pursuant to Sections 551.071 and 551.074 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation and to consider the appointment and evaluation of public officers. Refer to executive session list previously mentioned. City Council Meetings 1/25/01 Page 11 Agenda Item No. 13 -- Final action on executive sessions if necessary. The council concluded its executive session at 9:48 p.m. They returned to open session. Councilman Maloney made a motion to increase the City Secretary salary to $53,000 annually effective on anniversary date. Motion seconded by Councilman Silvia, which carried by a vote of 7-0. FOR: Maloney, Silvia, Mcllhaney, Mariott, Hazen, Garner and Massey AGAINST: None Agenda Item No. 14 - Adjourn Hearing no objections, the workshop, regular and executive sessions were adjourned at 9:56 p.m. PASSED AND APPROVED this 8a~day of February. 2001. APPROVED: ATTEST: Ma'~/or Lynn Mcllhaney ]~ City Secretary Connie Hooks City of College Station Council Workshop Meeting JANUARY 25, 2001 Sign In Sheet City of College Stetlo n 12. 13. 14. 15. 16. 17. 18. 19. 10. 20. City of College Station Council Regular Meeting JANUARY 25, 200/ Sign In Sheet City of College Stat Io n 11. City of College Station Council Regular Meeting .]ANITARY 25. 2001 Sign In Sheet City of College Stat I o n I ; 11. City of College Station Council Regular Meeting JANUARY 25~ 2001 Sign In Sheet CIty of College Statlo n 8. atO~ e 14. 15. 16. 17. 18. 19. 10. 20.