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HomeMy WebLinkAbout03/14/2002 - Regular Minutes City Council Mayor City Council Lynn Mcllhaney James Massey Mayor Pro Tempore Ron Silvia Larry Mariott Winnie Garner City Manager Dennis Maloney COLLEGE STATION Thomas E. Brymer Anne Hazen MINUTES College Station City Council Workshop and Regular Meetings Thursday, March 14, 2002 at 3:00 p.m. and 7:00 p.m. City Hall Council Chambers, 1101 Texas Avenue College Station, Texas COUNCILMEMBERS PRESENT: Mayor Mcllhaney, Mayor Pro Tem Mariott, Councilmembers Silvia, Hazen, Garner, Maloney COUNCILMEMBER ABSENT: Councilmember Massey STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., City Secretary Hooks, Economic Development Director Foutz, Fiscal Services Director Cryan, Public Communications and Marketing Manager Cole, Fire Chief Giordano Mayor Mcllhaney opened the workshop meeting at 3:06 p.m. with Councilmembers Massey and Maloney absent. Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular Council Meeting. Staff pulled Consent Agenda Item No. 11. 6. This item will be scheduled for a future agenda. Workshop Agenda Item No. 2 -- Presentation, discussion, and possible action regarding an update from representatives of the Bryan /College Station Economic Development Corporation on their action plan for the upcoming year. Ron Blatchley, College Station's representative on the Economic Development Board came forward to introduce Roland Mower, President and CEO. Councilmembers commended Ron Blatchley for his work on the EDC Board. Mr. Mower discussed the major components of the EDC business action plan. This plan was designed to promote and facilitate activities that enhance the economic base of Brazos County through attraction, creation, expansion and retention of business and industry, focusing on value added to local resources and manufacturing. Mr. Mower also discussed the EDC's focus to allocate resources on retention, expansion, creation and recruitment of primary employers, communications, public relations and marketing, administration and compliance. Mr. Mower responded to Councilmember Garner's question about the tourism efforts. He stated that the tourism area is not a major focus at this time. Council Meetings 03/14/02 Page 2 Councilmembers suggested Mr. Mower visit with EDC officials throughout the region. Councilmembers thanked him for his efforts. Workshop Agenda Item No. 3 -- Presentation, discussion and possible action and review of Articles of Incorporation and By -Laws for a stand alone convention and visitors bureau, on recommendations to appoint initial executive committee members, and discussion regarding process for selecting an executive director of the CVB. Fiscal Services Director Charles Cryan highlighted the strategic plan for the Brazos Valley CVB. He discussed the committee membership for the Executive Committee. Mayor Pro Tem Mariott moved approval of the bylaws and articles of incorporation for the Brazos Valley CVB. Seconded by Councilmember Hazen, which carried 5 -0. FOR: Mcllhaney, Mariott, Silvia, Hazen, Garner AGAINST: None ABSENT: Massey and Maloney Councilmembers deferred appointments to a future council meeting. Workshop Agenda Item No. 4 -- Presentation, discussion and possible action regarding a public safety education campaign to increase citizens' awareness of and compliance with local traffic laws. (Vision Statement #2, Strategy #3, Implementation Plan "c ") Kelly Cole, Public Relations and Communications Marketing Manager presented a public safety education campaign to increase citizens' awareness of and compliance with local traffic laws. Councilmembers directed staff to pursue this education campaign jointly with the City of Bryan. Workshop Agenda Item No. 5 -- Presentation, discussion and possible action relating to receiving the Comprehensive Annual Financial Report for the fiscal year ending September 30, 2001. The city's auditors Jim Ingram and Tom Wallis presented a satisfactory Comprehensive Annual Financial Report for 2001. They emphasized to the Council the city's strong financial status. Mayor Pro Tem Mariott moved to accept the 2001 Comprehensive Annual Financial Report as presented. Motion seconded by Councilmember Silvia, which carried 5 -0. FOR: McIlhaney, Mariott, Silvia, Hazen, Garner AGAINST: None ABSENT: Massey and Maloney Workshop Agenda Item No. 6 -- Council Calendars Welcome Reception for New Director of Development Services, 3/14 Ribbon Cutting Ceremony at Marriott Courtyard, 3/21 Grand Re- Opening of Fire Station #2, 3/26 Council Workshop and Regular Meetings, 3/28, 4/11 & 4/25 Regional Transportation Summit, 4/26, Hilton Workshop Agenda Item No. 8 -- Executive Session will immediately follow the workshop meeting in the Administrative Conference Room. Council Meetings 03/14/02 Page 3 At 4:25 p.m. Mayor Mcllhaney announced that the City Council would convene into executive 6 10 session pursuant to Sections 551.071, 551.072, 551.074 and 551.087 of the Open Meetings Act to seek the advice of the city attorney, to consider the purchase of real property, the evaluation of public officer, and to consider economic development negotiations. Councilmember Maloney arrived to the meeting. Consultation with Attorney {Gov't Code Section 551.0711; 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 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: 1. Cause No. 43,098 -85, Brazos County-Bryan v. College Station 2. Cause No. 96- 03168, Travis County — Bryan, et al. v. PUC (intervention) 3. Cause No. 97- 02587, Travis County — Bryan, et al. v. PUC (intervention) 4. Cause No. 98- 13391, Travis County — Bryan, et al. v. PUC (intervention) 5. Cause No. 96- 06940, Travis County — Bryan, et al. v. PUC (intervention) 6. Cause No. 97- 07000, Travis County — TMPA v. PUC (intervention) 7. Cause No. 98- 11817, Travis County — TMPA v. PUC (intervention) 8. Cause No. GN002343, Travis County — San Antonio v. PUC (intervention) 9. Cause No. GN002513, Travis County — San Antonio v. PUC (intervention) 10. Cause No. GN000152, Travis County — TMPA v. PUC (intervention) 11. Cause No. 49,367 -CCL2, Brazos County — Wilkerson v. College Station 12. Cause No. 50,943 -CCL, Brazos County — College Station v. SCC Development, et al (civil) 13. Cause No. 52,434 -361, Brazos County — College Station v. Wolf Pen Creek, Ltd., et al. 14. Cause No. 28,765, Grimes County - Harold & Rosealice Trant v. Grimes County, City of College Station and City of Bryan. 15. Cause No. 54,313 -272; Brazos County - Bradford C. Bindock and Damon K. Bindock v. Thomas J. Brown, James Richter, Lee Ann Carpenter and Bryan Schwartz 16. Cause No. GN200090; Travis County - Reliant Energy, Inc. v. Big Country Electric Cooperative, Inc., et al. 17. Cause No. GN200100, Travis County - City of San Antonio, etc. v. Brazos Electric Power Cooperation, et al. 18. Cause No. G -02 -108, U.S. District Count — Catherine Lester v. College Station and Sonja Piersall. 19. Docket Nos. TX96 -2 -000 & TX96 -2 -001, FERC — College Station, applicant 20. Docket No. 25197, Public Utility Commission — College Station request to set rates. 21. Docket No. 25395, Public Utility Commission — College Station (intervention) Economic Incentive Negotiations jGov't Code Section 551.087 }; possible action CO 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 Council Meetings 03/14/02 Page 4 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. Hotel /Conference Center 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: 1. Land Acquisition of 36.9 acres for City Business Park from J.E. Marsh Personnel {Gov't Code Section 551.074 }; 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: 1. Tax Increment Reinvestment Zone #15 Board Councilmembers returned to the workshop meeting at 5:40 p.m. They recessed from the executive session. Workshop Agenda Item No. 7 -- Hear Visitors O.J. Beard, a resident of Bald Prairie Subdivision discussed concerns about his permit to build a residence on his property in the Bald Prairie Subdivision. Mayor McIlhaney suggested Mr. Beard meet with the City Manager to discuss his circumstances. Councilmembers recessed the workshop meeting at 5:52 p.m. to attend a ribbon cutting ceremony at HEB. Workshop Agenda Item No. 9 -- Final action on Executive Session, if necessary. Councilmembers took action at the end of the regular meeting. Regular Meeting Mayor McIlhaney opened the regular meeting at 7:10 p.m. Mayor McIlhaney led the audience in the pledge of allegiance. Mayor Pro Tem Mariott made a motion to approve the absence request from Councilmember Massey. Councilmember Silvia seconded the motion, which carried 6 -0. Council Meetings 03/14/02 Page 5 Consent Agenda 11.1 Approved by common consent the minutes for City Council workshop and regular meeting, February 28, 2002. 11.2 Bid No. 02 -46 - Approved by common consent the purchase of various electrical distribution materials. Awarded to lowest, responsible bidder for an annual estimated expenditure by vendor as follows: Central Electric for $1,768.50; KBS Electrical for $116,257.62; Priester Mell & Nicholson for $5,021.25; Priester Supply for $106,411.50; Techline for $61,214.25; and Temple/Utilco for $73,493.75. The total annual estimated expenditure for 11.3 Bid Number 02 -47 - Approved by common consent Resolution No. 3 -14- 02.11.3 approving a construction contract for expansion of the north entry to the Lincoln Center. The restrooms will also be brought to current American with Disabilities Act (ADA) standards. Awarded to lowest, responsible bidder meeting specifications, JaCody, Inc. in the amount of $80,680. This includes Alternate One that adds windows to the west side of the new entry. Funds available and budgeted for in Community Development Block Grant funds allocated for public facilities in FY 2001 and FY 2002. 11.4 Bid # 02 -48 - Approved by common consent the purchase of crack sealant material and de -tack sealant in the amount of $64,768.75. Funds available and budgeted in the Street Maintenance Fund. 11.5 Bid # 02 -54 - Approved by common consent the purchase of cover stone trap rock from Vulcan Construction Materials, in the amount of $154,000 and to rescind Bid #02 -36. Funds available and budgeted in the Street Maintenance Fund. 11.6 Consider purchase from lowest responsible bidder for replacement of self - contained breathing apparatus (SCBA) for the College Station Fire Department. Removed by staff to be placed on a future agenda. 11.7 Approved purchase of professional services contract for the First and Maple Street Rehabilitation Project (Project No. ST -0201) to McClure Engineering, Inc. in an amount not to exceed $105,000.00. Funds available and budgeted in the Community Development Block Grant and Utility Revenue Bond Funds. 11.8 Approved by common consent Change Order #1 in the amount of $459,000.00 to the HDR Engineering, Inc., BVSWMA Landfill Siting Contract. Funds available in the BVSWMA Fund Balance. 11.9 Approved by common consent an Interlocal Agreement between the City of College Station and the College Station Independent School District (CSISD), which includes a charitable gift agreement with the Rock Prairie Parent Teacher Organization (PTO). This agreement will provide concrete and rubber surfacing for the entire jogging/walking trail Council Meetings 03/14/02 Page 6 4 111# at Jack and Dorothy Miller Park. This neighborhood park is adjacent to Rock Prairie Elementary School. 11.10 Approved by common consent Ordinance No. 2549 to adopt the third and final reading of a franchise agreement with Texas Environmental Services for the collection and disposal services for treated and untreated medical waste. 11.11 Approved by common consent Resolution No. 3 - 14 - 02 - 11.11 and related interlocal agreement approving the submission of a grant request to the Criminal Justice Division of the Governor's Office for annual funding of the Brazos Valley Narcotics Task Force. 11.12 Approved by common consent Resolution No. 3 - 02.11.12 determining a public necessity to acquire temporary construction easements; giving notice of an official determination to acquire temporary construction easements for the Longmire Extension project; and establish procedures for the acquisition of temporary construction easements. Councilmember Garner abstained. 11.13 Approved by common consent of two (2) Optional Relocation Program Rehousing Agreements between the City of College Station and their respective eligible housing assistance applicants. Budget allowance include a combined maximum of $123,500 in construction costs for these two (2) projects, plus the costs of demolition and necessary temporary relocation expenses. Regular Agenda Regular Agenda Item No. 12.1 -- Public Hearing, discussion and possible action on an ordinance establishing Tax Increment Reinvestment Zone Number 15. Councilmember Garner abstained from discussion and consideration on this item. Economic Development Director Kim Foutz stated that the purpose of the Tax Increment Reinvestment Zone was to provide tax increment financing for a new conference center. The TIF area is 192 acres in the Highway 30/60 corridor. The results of the TIF will be a signature development in an underutilized area, which will spur regional growth. The development would expand tourism in the community and create overflow hotel room nights for other hotels in the community. Ms. Foutz described the steps that have occurred to establish the TIF ordinance. She referred to four feasibility studies that were performed on the development of a conference center in the city. These four studies were: 1) 1997 Coopers and Lybrand feasibility report, 2) March 2000 Price Waterhouse Coopers feasibility report, 3) 2001 Crestline Hotels and Resorts operations evaluation, and 4) 2002 Crestline Hotels and Resorts overflow room nights evaluation. She emphasized that the preliminary finance plan includes a projected cost of $18,000,000 with funding sources from TIF revenues, hotel /motel tax revenues from project, and interfund loan. She showed displays of the hotel and conference center development. Council Meetings 03/14/02 Page 7 Following the conclusion of her presentation, Mayor Mcllhaney opened the public hearing. Dick Birdwell, 3 Forest Drive, stated that he is not aware of a financial analysis on the operating cost of the conference center. He noted that the analysis did not address a $965,000 transfer and interest during construction. He requested a copy of the 2001 analysis. He also urged council to have a financial feasibility study on this project before consideration of the TIF. Bill Batchelor, 8103 Raintree, expressed his opposition to the TIF District. Jere Blackwelder, 1815 Bee Creek, spoke in favor of the project. He stated that the project is viable and that the College Station Business Development Board is supportive of the project. A.D. Patton, 8411 Spring Creek, inquired about the risks involved in participating publicly in this large capital project. He urged council to table this matter and to submit it to public referendum. Benito Flores Meath, 901 Val Verde, urged council to proceed with a public referendum. He also mentioned the risks and the lack of a feasibility study for this particular project. Mayor Mcllhaney closed the public hearing. Mayor Pro Tem Mariott moved approval of Ordinance No. 2550 creating Tax Increment • Reinvestment Zone No. 15. Seconded by Councilmember Maloney, which carried 5 -0 -1. FOR: McIlhaney, Mariott, Silvia, Hazen, Maloney AGAINST: None ABSTAIN: Garner ABSENT: Massey Regular Agenda Item No. 12.2 -- Presentation, discussion and possible action on appointment of six members to the Tax Increment Reinvestment Zone Board for Reinvestment Zone Number 15 as provided for under Chapter 311, Tax Code. Councilmember Garner abstained from discussion and consideration of this item. Economic Development Director Kim Foutz presented a list of potential members to the TIF Board. Mayor Pro Tem Mariott made a motion to appoint the following individuals to the TIF Board. Two year term John Hamilton, William Atkinson, James Wolfe One year term Stan Maliska, Terry Pruitt, Pat Stacy Joel Ross (corrected January 23, 2003) The motion was seconded by Councilmember Silvia, which carried 5 -0 -1. FOR: McIlhaney, Mariott, Silvia, Hazen, Maloney 110 AGAINST: None ABSTAIN: Garner ABSENT: Massey Council Meetings 03/14/02 Page 8 Agenda Item No. 12.3 -- Presentation, discussion and possible action to approve an "Ordinance authorizing the issuance and sale of City of College Station, Texas, general obligation improvement bonds, Series 2002, in the aggregate principal amount of $6,445,000; prescribing the form of said bonds; providing for the security for and payment of said bonds; awarding the sale thereof; approving the official statement; enacting other provisions relating to the subiect, including immediate effectiveness." Drew Masterson, the city's financial advisor from First Southwest Company presented the bids received and recommendation for bid awards to bonding companies. He presented positive information about the city's bond rating and financial status. Councilmember Maloney moved approval of Ordinance No. 2551 to authorize the issuance and sale of City of College Station, general obligation improvement bonds, Series 2002 in the amount of $6,445,000. Seconded by Councilmember Garner, which carried unanimously, 6 -0. FOR: McIlhaney, Mariott, Maloney, Garner, Silvia, Hazen AGAINST: None ABSENT: Massey Regular Agenda Item No. 12.4 -- Discussion and possible action to approve an "Ordinance authorizing the issuance and sale of $18,215,000 City of College Station, Texas, utility system revenue bonds, Series 2002; awarding the sale of the bonds; approving the official 4 60 statement; and all other matters related thereto, including immediate effectiveness ". Councilmember Garner moved approval of Ordinance No. 2552 to authorize the issuance and sale of $18,215,000 City of College Station, utility system revenue bonds, Series 2002. Seconded by Councilmember Silvia, which carried unanimously, 6 -0. FOR: McIlhaney, Mariott, Silvia, Hazen, Garner, Maloney AGAINST: None ABSENT: Massey Regular Agenda Item No. 12.5 -- Presentation, discussion and possible action to approve an "Ordinance providing for the issuance of $14,480,000 City of College Station, Texas Certificates of Obligation, Series 2002; and ordaining other matters relating to the subiect, including immediate effectiveness." Councilmember Garner moved approval of Ordinance No. 2553 authorizing the issuance of $14,480,000 City of College Station Certificates of Obligation, Series 2002 as presented. Seconded by Mayor Pro Tem Mariott, which carried unanimously, 6 -0. FOR: McIlhaney, Mariott, Silvia, Hazen, Garner, Maloney AGAINST: None ABSENT: Massey 410 Council Meetings 03/14/02 Page 9 4 1. Regular Agenda Item No. 13 -- Executive Session Mayor McIlhaney announced that the city council would return to executive session pursuant to Sections 551.071, 551.072, 551.074, and 551.087 of the Open Meetings Act, to seek the advice of the city attorney, to consider the purchase of real property, the evaluation of public officer, and economic development negotiations. Council returned to executive session at 8:20 p.m. Refer to list identified in the workshop meeting minutes. Regular Agenda Item No. 14 -- Final action on executive session, if necessary. Council concluded its executive session at 9:32 p.m. They returned to the regular meeting at 9:35 p.m. on Thursday, March 14, 2002. Councilmember Silvia made a motion to authorize staff to pay $375,000 to John Marsh for 36.9 acres in the Business Park. Seconded by Mayor Pro tem Mariott, which carried 4 -1. FOR: McIlhaney, Mariott, Silvia, Maloney AGAINST: Hazen ABSENT: Massey and Garner Regular Agenda Item No. 15 -- Adjourn 4 0 Hearing no objections, Council concluded the regular meeting at 9:40 p.m. PASSED AND APPROVED this 28` day of March, 2002. APPROVED: Mayo' Lynn McIlhaney TTEST: (.....tit City Secretary Connie Hooks 0 IIIIIP City of College Station ,` \ / Regular Council Meeting —March 14, 2002 Sign In Sheet 1. ),,r, )34A-eicii-e__Jq ii. Y%------ l ivt-V-- y - 2. 61(14 g q) 12. n . iii ap--- 13. 3. J , . 4. {WI�T•gII/lk 14. 5. I�V�S��{�� VI 15. � }eve I 3-6d4v614 6 . 16. 7. /1 7/ /// if 17. 8. V __ii_eid 18. 9. g CA/ 'TV [ ,---- b. A-'ei ) 19. / 10. / �� 20. ®*-j 40,