HomeMy WebLinkAbout01/09/2003 - Regular Minutes City CouncilMayor
Ron Silvia
Mayor Pro Tempore
James Massey
City Manager
Tom Brymer
City Council
John Happ
Winnie Gamer
Scott Mears
Dennis Maloney
Anne Hazen
College Stalion, Embracing the Past,
Exploring th e Future
Minutes
College Station City Council
Workshop Meeting and Regular Meeting
Thursday, January 9, 2003 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chambers, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor Silvia, Mayor Pro Tem Massey, Council members
Happ, Garner, Mears, Maloney, Hazen
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney
Cargill, Jr., Director of Development Services Templin, Budget and Strategic Planning Director
Kersten, Director of Fiscal Services Cryan, City Planner Kee, Director of Public Works Smith,
Transportation Planner Fogle, City Engineer McCully, Development Manager Ruiz, Assistant to
the City Manager Alexander and Assistant City Secretary Casares
Mayor Silvia called the workshop session to order at 3:05 p.m.
Workshon Agenda Item No. 1-- Discussion of consent agenda Items listed for Regular
Council Meeting.
10.01 - Director of Development Services Kelly Templin explained that on December 19, 2002
staff presented a conditional use permit for Fire Station #5. Staff failed to provide an ordinance
for approval of the conditional use permit. Staff prepared the ordinance and has requested to
amend the minutes to reflect the approval of Ordinance No. 2600.
10.03 - Council member Maloney expressed concern regarding a bid of $75,000 for property that
has an assessed value of $198,700.00. Finance Director Charles Cryan explained the bid
process.
Workshop Aunda Item No. 2-- Presentation, discussion and qossible action on various
topics from representatives of the College Station Indeqendent School District.
Mayor Pro Tem Massey introduced the School District officials: Dr. Steve Johnson, Mr. Eddie
Coulson and Mike Ball. Mr. Coulson noted that their projections show A&M Consolidated High
School's enrollment could reach 2,500 students by 2007. The maximum capacity the school
district desires for the high school campus is 2,500. Currently there are fewer than 2,200
students at the high school. Growth projections are based on a 2.5 percent annual increase in
enrollment over the next five years. The district's student population has risen by 25 percent
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since 1993. Mr. Coulson noted if growth patterns stay on target, the district's five current
elementary schools could be occupied within two years. Dr. Johnson remarked the school
district is in the early stages of determining the need of a second high school.
Mr. Ball provided a brief overview on the schools current property value, tax rate and state
funding regarding student attendance.
Workshop Agenda Item No. 3-- Presentation, discussion and possible action regarding the
appointment of a Citizen Advisorv Committee for the 2003 Five-Year General Obli2ation
Capital Improvements Program.
Council member Mears and Garner presented a memo to the Council with sixteen proposed
names that would complete the members for the 2003 College Station Citizens Advisory
Committee.
No formal action was taken.
Council recessed at 4:13 p.m. for a short break and returned to the workshop meeting at 4:20
p.m.
Work_shop Agenda Item No. 4-- Presentation, discussion and possible action regarding the
2003 Brazos Vallev Transportation Summit.
Assistant City Manager Glenn Brown, Transportation Planner Ken Fogle and Assistant City
Engineer/Traffic Dale Picha presented a brief overview of the proposed 2003 Brazos Valley
Transportation Summit program.
Following comments by council, staff was directed to change Brazos Express to the Heart of
Texas Express Corridor, and invite the Regional County Judges as honorary guest. Also,
Council agreed to "pathways to progress" for the 2003 Brazos Valley Regional Transportation
Summit theme.
Workshop Agenda Item No. 5-- Discussion, review and possible action regarding the
followin2 meetings. Brazos County Health Department, Brazos Animal Shelter, Brazos
Valley Council of Governments, Bryan/Collej!e Station Economic Development
Corporation, Cemeterv Committee, College Station Business Development Corporation,
FaCade Improvement Program Advisory Committee, Historic Preservation Committee,
Intergovernmental Committee, Joint Relief Funding Review Committee, Librarv
Committee, Metropolitan Planning Or2anization, Parks and Recreation Board, Planning
and Zonin2 Commission, Sister City Association, TAMU Student Senate, Transportation
Committee, Wolf Pen Creek Oversi2ht Committee, and Zoning Board of Adiustments.
Council member Mears reported on the Sister Cities Association. The German delegation will
be visiting the community April 10-21, 2003.
Mayor Silvia remarked that the General Counsel of Spain would visit the Bryan-College Station
on February 14, 2003. He proposed a luncheon and a tour of the city.
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Council member Happ noted that the Tex-21 meeting would be held in Austin on February 7,
2003. Also, he presented a brief overview of the transportation committee meeting regarding
Brazos Transit District and Dean International Contract.
After a brief discussion, Council directed staff to move the Committee Reports to the end of the
regular agenda.
Workshop Agenda Item No. 6-- Council Calendars
City Council Workshop and Regular Meeting, 1/23/03
Transportation Committee, 1/7/03, 5:00 p.m.
Intergovernmental Committee, 1/15/03, 12:00 p.m.
AMCC Institute, 2/7-9, Austin
TML Legislative Briefing, 2/10, Austin
Council reviewed upcoming calendar of events.
Agenda Item No. 7-- Executive Session will immediately follow the workshop meeting in
the Administrative Conference Room.
At 5:22 p.m., Mayor Silvia announced that the City Council would convene into executive
session pursuant to Sections 551.071, 551.074 and 551.086 of the Open Meeting Act, to seek the
advice of our attorney with respect to pending and contemplated litigation, to consider the
appointment and evaluation of public officers and officers, and competitive matters.
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. 98-11815, Travis County - Texas-New Mexico Power Co. v. PUC (intervention)
9. Cause No. 97-12392, Travis County - Central Power & Light Co. v. PUC (intervention)
10. Cause No. 97-12405, Travis County - Bryan v. PUC (intervention)
11. Cause No. 97-12401, Travis County - TMPA v. PUC (intervention)
12. Cause No. 97-12402, Travis County - San Antonio v. PUC (intervention)
13. Cause No. GN002343, Travis County - San Antonio v. PUC (intervention)
14. Cause No. GN002513, Travis County - San Antonio v. PUC (intervention)
15. Cause No. GN000152, Travis County - TMPA v. PUC (intervention)
16. Cause No. GN200090; Travis County - Reliant Energy v. Big Country Electric Coop, et al.
17. Cause No. GN200100, Travis County - San Antonio, etc. v. Brazos Electric Power Coop, et al.
18. Cause No. GN200685, Travis County - TMPA v. PUC and City of Bryan (intervention)
19. Case No. 03-02-00462-CV, Court of Appeals -TMPA v. PUC (continued intervention)
20. Docket Nos. TX96-2-000, TX96-2-001, TX96-2-002, TX96-2-003, TX96-2-004, TX96-2-005,
TX96-2-006, FERC - College Station, applicant
21. Docket No. 25197, Public Utility Commission - College Station request to set rates.
22. Docket No. 25395, Public Utility Commission - College Station (intervention)
23. Docket No. 26950, Public Utility Commission - College Station (intervention)
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24. Docket No. 25002, Public Utility Commission - PUC application to set 2002 wholesale rates
25. PUC Project No. 25937 - PUC investigation into possible manipulation of ERCOT market
(respondent)
26. PUC Project No. 21927 - College Station request to maintain current certification
27. PUC Project No. 25591 - 2001 electric utility earnings reports (respondent)
28. Cause No. 52,434-361, Brazos County - College Station v. Wolf Pen Creek, Ltd., et al.
29. Cause No. 28,765, Grimes County - Trant v. Grimes County, College Station and Bryan
30. Case No. G-02-108, U.S. District Court - Lester v. College Station and Piersall.
31. Cause No. 02-0012920-CV-85, Brazos County - Municipal Drilling vs. College Station
32. Cause No. 02-001154-CV-85; Brazos County - Weisinger Water Well v. Municipal Drilling,
Evergreen National Indemnity Company and College Station
33. Cause No. 02-001291-CV-361, Brazos County - Piersall v. College Station and Feldman
34. Cause No. 02-000247-CV-272, Brazos County - Dean Ranch v. Bayliss, et al. v. College Station
and Contract Land Staff
35. Cause No. 02-002223-CV-361, Brazos County - DeSantiago v. College Station
36. Seek advice regarding City's legal rights regarding Cox Cable.
37. Discussion of legal issues on a contract with Dean International
Competitive Matters {Gov't Code Section 551.0861; possible action
The City Council may deliberate, vote, or take final action on a competitive matter in closed
session. The City Council must make a good faith determination, by majority vote of the City
Council, that the matter is a Competitive Matter. A"Competitive Matter" is a utility-related
matter that the City Council determines is related to the City of College Station's Electric Utility
Competitive Activity, including commercial information, which if disclosed would give
advantage to competitors or prospective competitors. The following is a general representation
of the subject(s) to be considered as a competitive matter.
l. Financial update of funds and balances in Public Utilities.
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:
l. Mayor and City Council Evaluation
Workshop Agenda Item No. 8-- Final action on Executive Session, if necessarv.
Council recessed from executive session at 6:30 p.m. No action was taken.
Regular Meeting: Item No. 9
Mayor Silvia called the regular meeting to order at 7:00 p.m. He led the audience in the pledge
of allegiance. Jeff Gardner from Worship Center Church provided the invocation.
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Item No. 9.1: Hear Visitors:
Page 5
Robert Barron, 2511Broadmoor in Bryan addressed the Council regarding the curbs along the
medians on Texas Avenue. He suggested painting the curbs yellow from University Drive to
Harvey Road to improve visibility at night.
Consent Agenda
10.1 Discussion and possible action on the minutes for City Council workshop and regular
meeting, December 19, 2002. Council approved the corrected minutes of December 19,
2002,to include Ordinance No. 2600, approving a conditional use permit for Fire Station
#5.
10.2 Approved by common consent Resolution No. 1-9-2003-10.02 approving a construction
contract for the University Drive Sidewalk Project.
10.3 Discussion and possible action on a resolution providing for the sale of property acquired
by the County of Brazos at a delinquent tax sale. Council member Maloney moved to
reject the bid of $75,000.00 and directed staff to take extra measures in advertising the
tax sale. Motion seconded by Council member Hazen, which carried unanimously, 7-0.
10.4 Approved by common consent the second reading of a franchise agreement with Mini
Dumpster for the collection, hauling, and disposal service for residential construction
debris solid waste in roll-off containers.
10.5 Approved by common consent the second reading of an ordinance amending the TXU
Gas franchise agreement allowing for an increase in franchise fees from 3% to 4% for
residential and commercial TXU Gas customer.
10.6 Discussion and possible action on a resolution supporting changes to the Constitution of
the State of Texas and related legislation authorizing the State to issue debt for building
of highways and roadways within the State. Council member Maloney moved to approve
Resolution No. 1-9-2003-10.6. Motion seconded by Council member Happ, which
carried unanimously, 7-0.
10.7 Approved by common consent an application for a license to encroach into a portion of a
public utility easement within Lot 3R, Block 1, Bridle Gate Estates, Phase 1 more
commonly known as 3805 Bridle Trail Court.
10.8 Approved by common consent the adoption of 2003 Council Meeting Calendar.
Regular Agenda
ReEular Agenda Item No. 11.1 Public hearing, discussion and possible action on a
conditional use permit for use only at the Victorv United Pentecostal Church located at
1808-H Brothers Boulevard.
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Director of Development Services Kelly Templin noted that the applicant requested a conditional
use permit to operate a church at 1808-H Brothers Boulevard. The property is currently zoned as
C-1 General Commercial and developed as a shopping center. The hours of operation for the
church would be during non-peak times for the shopping center.
Staff and the Planning and Zoning Commission recommended approval of this request.
Rev. Keith Castleberry, 1704 Treehouse Trail, addressed the request.
Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing.
Council member Happ moved to approve Ordinance No. 2601 approving a conditional use
permit for the use of Victory United Pentecostal Church located at 1808-H Brothers Boulevard.
Motion seconded by Council member Hazen, which carried unanimously, 7-0.
FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner
AGAINST: None
Regular Agenda Item No. 11.2 Public hearing, discussion and qossible action on a
rezonin from R-3 Townhouse and A-O Auicultural Open to PDD-H Planned
Development District - Housin2 for 16.316 acres of the Robert Stevenson Survev A-54
located 1/2 mile north of Greens Prairie Road, west of SH 6(02-225).
Director of Development Services Kelly Templin remarked that the applicant is requesting the
rezoning in order to establish a more innovative layout for townhouse development. The
applicant is proposing a number of improvements as consideration for the rezoning, including
common areas, pedestrian links and streetscape.
Staff and the Planning and Zoning Commission recommended approval of this request.
Wallace Phillips, the developer displayed conceptual drawings of the proposed project.
Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing.
Council member Garner moved to approve Ordinance No. 2602 rezoning 16.316 acres from R-3
Townhouse and A-O Agricultural Open to PDD-H Planned Development District-Housing.
Motion seconded by Mayor Pro Tem Massey, which carried unanimously, 7-0.
FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner
AGAINST: None
Regular Agenda Item No. 11.3 Presentation, discussion and possible action on a rezoning
from A-O Agricultural Open to G1 General Commercial for 0.86 acres at 4081 SH 6,
located between the Silk Stocking and Harlev Davidson.
Director of Development Services Kelly Templin noted the subject property has frontage on
Highway 6 and is bound on the north by A-O Development as commercial and on the south by
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undeveloped C-1. The City's Comprehensive Plan designates this area as regional retail;
therefore the request is in compliance with the plan. Staff and the Planning and Zoning
Commission recommended approval of this request.
Mayor Silvia opened the public hearing. No one spoke. Mayor Silvia closed the public hearing.
Council member Hazen moved to approve Ordinance No. 2603 rezoning 0.86 acres from A-O
Agricultural Open to C-1 General Commercial unanimously, 7-0. Motion seconded by Mayor
Pro Tem Massey, which carried unanimously, 7-0.
FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner
AGAINST: None
Regular Agenda Item No. 11.4 Presentation, discussion and uossible action on a
resolution for a proposed amendment to the College Station Code of Ordinances, Chapter
9, Section 8 M.2(b) to allow a reduction in the separation distance between curbing and
sidewalks on local, residential streets.
Assistant City Engineer Brett McCully informed the council that Section 8-M.2 (b) of the City's
subdivision regulations require a minimum six foot buffer/green space between the back of curb
and the inside edge of the sidewalk when the walk is not constructed immediately adjacent to the
curb. The ordinance amendment would allow a reduction in the minimum width of the
buffer/green space from six feet to four feet on local residential streets with right of way widths
50 feet wide. Mr. McCully noted that the amendment should be approved by ordinance, not by
resolution as stated on the coversheet.
Staff and the Planning and Zoning Commission recommended approval of this item.
Mayor Pro Tem Massey moved to approve Ordinance No. 2604 amending the College Station
Code of Ordinances to allow a reduction in the separation distance between curbing and
sidewalks of four feet on local, residential streets. Motion seconded by Council member Garner,
which carried unanimously, 7-0.
FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner
AGAINST: None
Re2ular Agenda Item No. 11.5 Presentation, discussion and nossible action on a
resolution authorizing the adoption of land development fee increases.
Development Manager Ruiz remarked that the proposed develop-related fee schedule was
developed to provide a reasonable rate of increase over current fee to get closer to full-cost
recovery of services. The new fee schedule proposes to change the existing $600 flat fee to 0.5%
of the total infrastructure costs with a minimum fee of $250.00. This sliding scale fee based on
the infrastructure costs ties the actual fee to the amount of inspections services needed. Staff
estimates the fees, as proposed, will recapture 35% of the City costs for development.
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Following further comments by council, Council member Mears moved to table this item.
Motion seconded by Council member Hazen, which carried unanimously, 7-0. Council directed
staff to consider cost recovery of services in intervals. In addition, staff was directed to show
how costs are changing and possibly converting any set fee to a sliding scale fee base. This item
will be discussed at a future workshop meeting.
FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner
AGAINST: None
Regular AEenda Item No. 11.6 Presentation, discussion and possible action rei!arding the
appointment of a Citizen Advisorv Committee for the 2003 Five-Year General Obligation
Caqital Improvements Program.
Director of Public Works Mark Smith remarked that at the Workshop Meeting Council members
Mears and Garner proposed sixteen names to complete the membership of the 2003 College
Station Citizens Advisory Committee.
Council member Garner announced the names as submitted:
Flora Huang Brookfiled
Anita M. Davidson
David F. Gardner
Mary Ellen Hogan
Laura Holmes
Gregory s. Huchingson
Edsel Jones
Charles E. Lamb
Mike Lane
Billy G. Lay
Carol Reynolds
Charles Rognon
David Scott
Shirley J. Volk
Joe Wallace
Ward Wells
Council member Maloney moved to appointment of citizens as presented to the 2003 CIP
Advisory Committee. Motion seconded by Mayor Pro Tem Massey, which carried unanimously,
7-0.
FOR: Silvia, Massey, Maloney, Happ, Hazen, Mears, Garner
AGAINST: None
Regular Agenda Item 12 The Citv Council mav convene the executive session following
the regular meeting to discuss matters posted on the executive session agenda for January
9, 2003.
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At 8:12 p.m., Mayor Silvia announced that the City Council would reconvene into executive
session pursuant to Sections 551.071, 551.074 and 551.086 of the Open Meeting Act, to seek the
advice of our attorney with respect to pending and contemplated litigation, to consider the
appointment and evaluation of public officers and officers, and competitive matters.
Regular Agenda Item No. 14 Final action on executive session, if necessary.
Council concluded its executive session at 10:20 p.m. They returned to open session. No action
was taken.
Regular Agenda Item No. 15 Adiourn.
Hearing no objections, the meeting adjourned at 10:21 p.m. on Thursday, January 9, 2003.
PASSED AND APPROVED this 23rd day of Januarv, 2003.
APPROVED:
Mayor on Silvia
ATTEST:
~
City Secretary Connie Hooks
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