HomeMy WebLinkAbout03/13/2003 - Regular Minutes City CouncilMayor
City Council
Ron Silvia
John Happ
Mayor Pro Tempore
Winnie Garner
James Massey
Scott Mears
City Manager
Dennis Maloney
Thomas E. Brymer
Anne Hazen
College Station, Embracing the Past,
Exp[oring the Future
MINUTES
College Station City Council
Workshop and Regular Meetings
Thursday, March 13, 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 Ron Silvia, Mayor Pro Tem James Massey,
Council members Anne Hazen, Dennis Maloney, Scott Mears, John Happ
COUNCIL MEMBER ABSENT: Winnie Garner
Mayor Silvia called the workshop meeting to order at 3:00 p.m. with Council member Garner
absent.
Workshop Agenda Item No. 1-- Discussion of consent a2enda items listed for Re2ular
Council Meeting.
No items were removed for discussion.
Workshop Agenda Item No. 2-- Presentation, discussion and possible action on the Citv's
FY 04 through FY 08 Financial Forecast.
Budget and Strategic Planning Manager Jeff Kersten explained the financial forecast for the Debt
Service Fund, Hotel/Motel Fund, Water Fund, Wastewater Fund, and Sanitation Fund.
Staff made remarks about other factors that may impact the city's financial forecast, such as
homeland security cost impacts to local government, decisions by the state legislature, sales tax,
and different types of insurance.
Comments made by Council related to continuation of the core services as a high priority and
continued support of staff and service levels.
No official action was taken.
Workshop A2enda Item No. 3-- Presentation, discussion and possible action regarding
effective communications through televising.
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Council Meeting 3/13/03 Page 2
Assistant City Manager Glenn Brown presented this item and recapped options from past
discussions.
Budget and Strategic Planning Manager Jeff Kersten stated that the FY 04 budget included in-
house televising equipment and staffing. Council agreed to keep this item in the proposed
budget.
It was pointed out that the new Public Communications and Marketing Manager should have
experience with video productions and related skills.
Workshop Agenda Item No. 4-- Presentation, discussion and possible action on a College
Station Public Librarv Status Report.
Assistant City Manager Glenn Brown and Communications Manager Charlie Shear presented a
status report on the College Station Public Library.
Council members expressed comments about receiving the Advisory Board's feedback on the
status report. Other comments related to the priority of serving the citizens of the community.
No official action was taken.
Council took a short break at 4:30 p.m. and returned to the meeting at 4:40 p.m.
Workshop Agenda Item No. 5-- Presentation, discussion and possible action on traffic
issues and programs in Colleu Station.
Dale Picha, the city's traffic engineer, discussed traffic issues and traffic programs in the City.
He referred to several city council adopted plans that guide operations such as the
Comprehensive Thoroughfare Plan, Bikeway and Pedestrian Master Plan, Land Use Plan,
Greenways Master Plan, Sidewalk Master Plan and Design Standards.
Questions were asked by council about monitoring the problem areas and traffic movement in
particular areas of the City. Staff responded that problems are addressed in a reactive mode and
discussed by ongoing meetings of the City's Transportation Committee.
Council members asked staff to look into the connectivity problems that occur at the intersection
of FM 2818/Longmire, FM 2818/Welsh, FM 2818/Rio Grande and Highway 30. Also council
asked staff to look at connectivity issues to Veteran's Park from the Bypass and parking
regulations along Valley View at FM 2818.
Workshop Aunda Item No. 6-- Council Calendars
Council Transportation Committee Mtg, 3/11, Adm. Conference Room, 6:00 p.m.
City Council Workshop and Regular Meetings, 3/27, 4/10
Region X Mtg., 3/12, City of Smithville
Intergovernmental Committee Meeting, 3/17, Noon, Brazos County,
HTRI Business Appreciation Tour, 3/20, 10:00 a.m. - 12:00 p.m.
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Council Meeting 3/13/03 Page 3
Citizen Committee Banquet, 3/21, CS Conference Center, 6:30 -9:00 p.m.
Intergovernmental Committee Meeting, 4/21, Noon, College Station
Don't Mess with Texas Trash-off Day, 3/22
Health for All Luncheon, 3/28, 11:30 a.m.-1:00 p.m., Hilton
Battle of the Bands, 3/29, 4:00 p.m.-8:00 p.m., Palace Theatre
Intergovernmental Meeting w/CSISD, 4/25, 12:00 p.m.
Brazos Valley Regional Transportation Summit, 5/2, George Bush Presidential Library and
Conference Center
Chamber of Commerce trip to Washington D.C., 5/4-8
Council concluded the workshop session at 5:35 p.m.
Mayor Silvia announced that the City Council would convene into executive session pursuant to
Sections 551.071, 551.072, 551.074, 551.086, 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 a
public officer, economic development negotiations, and competitive matters.
Consultation with Attornev ~Gov't Code Section 551.071 possible action
The City Council may seek advice from its attorney regarding a pending and contemplated
litigation subject or settlement offer or attorney-client privileged information. Litigation is an
ongoing process and questions may arise as to a litigation tactic or settlement offer, which needs
to be discussed with the City Council. Upon occasion the City Council may need information
from its attorney as to the status of a pending or contemplated litigation subject or settlement
offer or 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:
The City Council may consider pending and contemplated litigation subjects. The following subjects
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. 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. 97-10792, Travis County - TMPA v. PUC (intervention)
14. Cause No. GN002343, Travis County - San Antonio v. PUC (intervention)
15. Cause No. GN002513, Travis County - San Antonio v. PUC (intervention)
16. Cause No. GN000152, Travis County - TMPA v. PUC (intervention)
17. Cause No. GN200090; Travis County - Reliant Energy v. Big Country Electric Coop, et al.
18. Cause No. GN200100, Travis County - San Antonio, etc. v. Brazos Electric Power Coop, et al.
19. Cause No. GN200685, Travis County - TMPA v. PUC and City of Bryan (intervention)
20. Case No. 03-02-00462-CV, Court of Appeals -TMPA v. PUC (continued intervention)
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Council Meeting 3/13/03
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21. Docket Nos. TX96-2-000, TX96-2-001, TX96-2-002, TX96-2-003, TX96-2-004, TX96-2-005,
TX96-2-006, TX96-2-007, FERC - College Station, applicant
22. Docket No. 25197, Public Utility Commission - College Station request to set rates.
23. Docket No. 25395, Public Utility Commission - College Station (intervention)
24. Docket No. 26950, Public Utility Commission - College Station (intervention)
25. Docket No. 25002, Public Utility Commission - PUC application to set 2002 wholesale rates
26. Docket No. 26950, Public Utility Commission - College Station (intervention)
27. PUC Project No. 25937 - PUC investigation into possible manipulation of ERCOT market
(respondent)
28. PUC Project No. 21927 - College Station request to maintain current certification
29. PUC Project No. 25591 - 2001 electric utility earnings reports (respondent)
30. Cause No. 52,434-361, Brazos County - College Station v. Wolf Pen Creek, Ltd., et al.
31. Cause No. 28,765, Grimes County - Trant v. Grimes County, College Station and Bryan
32. Case No. G-02-108, U.S. District Court - Lester v. College Station and Piersall.
33. Cause No. 02-001292-CV-85, Brazos County - Municipal Drilling vs. College Station
34. Cause No. 02-001154-CV-85; Brazos County - Weisinger Water Well v. Municipal Drilling,
Evergreen National Indemnity Company and College Station
35. Cause No. 02-001291-CV-361, Brazos County - Piersall v. College Station and Feldman
36. Cause No. 02-000247-CV-272, Brazos County - Dean Ranch v. Bayliss, et al. v. College Station
and Contract Land Staff
37. Cause No. 02-002223-CV-361, Brazos County - DeSantiago v. College Station
38. Cause No. 02-002445-CV-272, Brazos County - Evelyn L. Bruce v. College Station, C.D.
Henderson, Inc., and Scott Elliott, d/b/a Elliott Construction
39. Seek advice regarding City's legal rights regarding Cox Cable.
40. Discussion of legal obligations and rights regarding an encroachment to city property at 2305
Kendal Green.
Real Estate {Gov't Code Section 551.0721; 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:
a. For the purchase of real property, for the extension of Barron Road, located near Highway 6
across from Cypress Meadow Subdivision.
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:
a. City Council Evaluation
Competitive Matter {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
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City of College Station
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Council Meeting 3/13/03
Page 5
advantage to competitors or prospective competitors. The following is a general representation
of the subject(s) to be considered as a competitive matter.
a. Marketing Plans and Strategy for College Station Electric Utilities
Economic Incentive Negotiations {Gov't Code Section 551.0871; 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:
a. The proposed city conference center and associated privately developed hotel.
Council recessed from the executive session at 6:54 p.m. and returned to the regular meeting.
Mayor Silvia called the regular meeting to order at 7:01 p.m. with all council members present
except Council member Garner. He led the audience in the pledge of allegiance. City Manager
Tom Brymer provided the invocation.
Mayor Silvia presented a proclamation for "Don't Mess with Texas Trash-Off Day" to Lori
Tankserley Glenn and Joyce Nyes from Keep Texas Beautiful.
Councilman Hazen moved to approve the request for absence from Winnie Garner. Motion
seconded by Mayor Pro Tem Massey, which carried unanimously, 6-0.
Sherman Click of 9202 Windy Court spoke to the Council regarding a provision in the Building
Code on the requirement of a single cylinder deadbolt lock. He asked the City to consider an
amendment to the Code that would allow for double cylinder deadbolt locks.
Consent A eg nda
10.1 Approved by common consent the minutes for City Council Special meeting, February 7,
2003, workshop and regular meeting, October 24, 2002 and February 27, 2003.
10.2 Bid No. 03-47: Approved by common consent Resolution No. 3-13-2003-10.2
approving a construction contract for Electric System Improvements to Texas Electric
Utility Construction in the amount of $151,510.19.
10.3 Bid No. 03-50: Approved by common consent on the purchase of street signs and
materials for a total award of $84,381.20.
10.4 Contract 03-066: Approved by common consent Resolution No. 3-13-2003-10.4
approving a consultant contract for professional services necessary to achieve regulatory
compliance with the Bioterrorism Response Act to be performed by Malcolm Pirnie, Inc.
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Council Meeting 3/13/03
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10.5 Approved by common consent to obligate an additional $75,000 to Texas Municipal
League Intergovernmental Risk Pool for the City's run off claims for workers
compensation.
10.6 Approved by common consent the purchase of real properiy needed for Barron Road in
the amount of $115,000 (plus closing costs) and authorizing the Mayor to execute the
Real Estate Contract to effect the conveyance for the property.
10.7 Approved by common consent the interlocal agreement with the Brazos Valley Council
of Governments for joint purchasing.
10.8 Approved by common consent on an extension and amendment to the Technical Services
Agreement between the City of College Station and Crestline Hotels & Resorts, Inc.
10.9 Approved by common consent the first reading of a franchise agreement with Stericycle
for the collection and disposal services for treated and untreated medical waste.
10.10 Approved by common consent Resolution No. 3-13-2003-10.10 supporting HB 1089,
providing for authorization to charge a fee to provide facilities for disabled access.
Council member Maloney moved to approve the consent agenda items as presented. Motion
seconded by Council member Happ, which carried unanimously, 6-0.
Regular Agenda
Regular Agenda Item No. 11.1 Presentation, discussion and possible action receiving the
Comprehensive Annual Financial Report for the fiscal vear endin2 September 30, 2002.
Director of Fiscal Services Charles Cryan introduced Tom Wallis from Ingram, Wallis and
Company who came forward to make a brief presentation about this year's financial audit. Staff
recommended that Council accept the CAFR for fiscal year 2002 (including the audit letter
signed by the external auditor).
Mayor Silvia left the meeting at 7:16 p.m. Mayor Pro Tem Massey presided.
Council member Hazen moved to accept the Comprehensive Annual Financial Report for fiscal
year 2002. Motion seconded by Council member Happ, which carried by a vote of 6-0. Mayor
Silvia returned to the meeting.
FOR: Silvia, Massey, Maloney, Happ, Mears
AGAINST: None
ABSENT: Garner
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Council Meeting 3/13/03 Page 7
Reimlar Agenda Item No. 11.2 Public hearing, discussion and qossible action on an
ordinance adopting the Unified Develonment Ordinance (UDO).
Director of Development Services Kelly Templin introduced this item. This item was the second
of two scheduled public hearings before the City Council on the UDO. The Planning & Zoning
Commission (P&Z) unanimously recommended the adoption of the UDO on February 20, 2003.
Staff recommended approval.
Mayor Silvia opened the public hearing.
Larry Haskins, 1700 George Bush Drive East, expressed comments about parking as a primary
use in NG-2.
Bo Miles, 341 Landsburg Lane, asked the city to consider removing the limitation of multi
family units in Wolf Pen Creek.
Mike Luther, 614 Welsh, displayed comments about the drainage issues in the Southside.
Barbara Webb representing Clarke and Wyndham addressed several points regarding the Wolf
Pen Creek Corridor: 1) modification of the proposed criteria to remove subjectivity, specifically
in Section SA, 6-9 and 11; 2) DRB member composition to include TAC members to the
Conference Center Oversight Committee, and 3) modification to the UDO so that previously
passed specific land uses and building sizes are maintained within the district.
Dock Burke, 502 West Dexter, CS discussed concerns about the infill development criteria in the
UDO.
Moe Mooti, 725A University Drive, discussed factors associated with NG-2 parking lot and the
need to have parking available.
Ali Kazerouni, 725B University Drive, also addressed the use of the "mud lot" parking lot in its
current condition.
Steve Arden, 311 Cecellia Loop, representing the business and land development forum,
appreciated the efforts of the staff and endorsed the acceptance of the UDO.
Glenn Schroeder, 1304 Autumnwood, CS, conveyed his support of the permitted use for parking
in NG-2.
Frank Hefrin from Stallworth Corporation addressed the Council about the use of parking in
Northgate.
Donald Jones, 804 Berry Creek, spoke against the elimination of the multi family use as a
permitted use in the Wolf Pen Creek Corridor in the proposed UDO.
Sherry Ellison, 2705 Brookway, spoke about the illumination lighting adjacent to residential
areas.
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Council Meeting 3/13/03 Page 8
Mayor Silvia closed the public hearing.
Council comments were expressed on the issues raised by the audience.
The suggestion was made to change the proposed ordinance to allow parking in the Northgate
zoning districts as a conditional use. Another suggestion was made to increase the membership
on the Design Review Board to seven members.
Council recommended the drop off boxes and drive through facilities to be a conditional use
instead of removing these types of facilities as stated in the proposed ordinance.
Council member Happ moved to approve Ordinance No. 2617 adopting the Unified
Development Ordinance with an effective date of June 13, 2003 as presented with P&Z
recommendations made at their meetings of January 16 and February 6 and changing the
parking in N-G 2 as a conditional use permit.
Consideration of Article 8, Subdivision Regulations, will be brought forth at a future date.
Council did not include in the motion the composition of the Design Review Board and the
consideration of the drainage and storm water issues.
Motion seconded by Council member Hazen. Motion carried unanimously, 6-0.
FOR: Silvia, Massey, Hazen, Maloney, Happ, Mears
AGAINST: None
ABSENT: Garner
Council recessed for a break. The council reconvened the meeting at 9:35 p.m.
Regular Aeenda Item No. 11.3 --Public hearing, discussion and possible action on an
ordinance adopting a Conditional Use Permit - Use Onlv for the expansion of a nightclub,
Fox and Hound, located at 505 University Drive, Suite 307.
Director of Development Services Kelly Templin explained this item. The applicant has
proposed to expand the Night Club/Restaurant into the adjoining 1500 square foot space
currently occupied by Rocky Mountains Subs. Staff recommended approval of the Conditional
Use Permit.
Clint Schroff of Clarke and Wyndam representing the applicant spoke in favor of the request.
Mayor Silvia opened the public hearing. No one spoke. He closed the public hearing.
Council member Mears moved approval of Ordinance No. 2618 adopting a conditional use
permit for the expansion of a nightclub located at 505 University Drive, Suite 307. Motion
seconded by Council member Maloney, which carried by a vote of, 4-2.
FOR: Mears. Maloney, Hazen, Happ
AGAINST: Silvia, Massey
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Regular Agenda Item No. 11.4 Public hearing, discussion and possible action on an
ordinance for a Conditional Use Permit-Use and Site for the Seventh Day Adventist
Church located at 1350 Earl Rudder Freewav.
Director of Development Services Kelly Templin explained the item. The applicant proposed to
develop a fellowship building, classroom building, and worship center in two phases on five
acres on the Earl Rudder Freeway frontage road. Staff recommended approval of the conditional
use permit and site plan with Staff Review Comments No. 3
Mayor Silvia opened the public hearing. No one spoke. He closed the public hearing.
Council member Happ moved to approve Ordinance No. 2619 for the conditional use permit
and site for the Seventh Day Adventist Church located at 1350 Early Rudder Freeway. With
comments by staff as presented. Mayor Pro Tem Massey seconded the motion, which carried
unanimously, 6-0.
FOR: Silvia, Massey, Maloney, Happ, Mears, Hazen
AGAINST: None
ABSENT: Garner
Reiular A2enda Item No. 11.5 Presentation, discussion and possible action on a
resolution containing a written policv regarding utilitv extension outside the city limits.
Director of Development Services Kelly Templin addressed this item.
Staff representing Development Services, College Station Utilities and the City Manager's Office
formulated the written policy. It stated that utilities would not be provided outside the city limits
except in certain cases as approved by Council. These cases could be:
• for other governmental agencies through an inter-local agreement;
• for the purpose of economic development; or
• for health and safety reasons
This policy is in line with the Council's adopted Comprehensive Plan goals and objectives for
utility development.
Motion made by Council member Maloney to approve as presented. Motion seconded by Mayor
Pro Tem Massey, which carried unanimously, 6-0.
FOR: Silvia, Massey, Maloney, Mears, Hazen, Happ
AGAINST: None
ABSENT: Garner
At 10:05 p.m. Mayor Silvia announced that the City Council would reconvene into executive
session pursuant to Sections 551.071, 551.072, 551.074, 551.086, and 551.087 of the Open
Meetings Act to consider the advice of our City attorney with respect to pending and
contemplated litigation, to consider the purchase of real properiy, the evaluation of a public
officer, competitive matters and to consider economic development negotiations.
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Council Meeting 3/13/03 Page 10
Regular Agenda Item No. 11.6 Presentation, discussion and possible action on the
appointment of Municipal Court Judges.
Council returned from the executive session at 10:35 p.m. Council member Maloney made a
motion to appoint the following individuals as Associate Municipal Court Judges. Motion
seconded by Council member Mears, which carried unanimously, 6-0.
George Boyett, Thomas White, Lisa Hubacek, Mike Calliham, Chad Jones
FOR: Silvia, Massey, Mears, Happ, Maloney, Hazen
AGAINST: None
ABSENT: Garner
Re2ular A2enda Item No. 12 Discussion, review and possible action re2ardin2 the
following meetings. Brazos Countv Health Department, Brazos Animal Shelter, Brazos
Vallev Council of Governments, Brvan/College Station Economic Develoument
Corporation, Capital Improvement Program Citizen Advisorv Committee, Cemeterv
Committee, College Station Business Development Corporation, Facade Improvement
Program Advisorv Committee, Historic Preservation Committee, Intergovernmental
Committee, Joint Relief Funding Review Committee, Librarv Committee, Metroqolitan
Plannin Organization, Parks and Recreation Board, Planning and Zoning Commission,
Sister Citv Association, TAMU Student Senate, Transportation Committee, Wolf Pen
Creek Oversight Committee, and Zoning Board of Adiustments.
Scott Mears reported on the first meeting of the Capital Improvement Advisory Committee.
Mayor Silvia stated that the MPO Committee is looking at additional applicants for the
Executive Director of the Metropolitan Planning Organization.
John Happ reported on the Transportation Committee meeting held and discussed the Highway
40 Thoroughfare. He also indicated that the process for the Transportation Summit is underway.
He reported on his trip to Austin as a member of the Tex 21. He also visited Washington, DC to
meet with the Texas legislators to initiate grassroots efforts on transportation issues.
Dennis Maloney reported on the EDC Board Meeting. He talked about the overall concept of a
world class facility as a one stop shop for the Economic Development Corporation, Convention
and Visitors Bureau, Sports Foundation, and Chamber of Commerce. Dennis also reported on
the Board of Health meeting. The Board appointed Charles Williams to fill the position of
Brazos County Medical Authority.
Reimlar Amda Item No. 13 Executive Session
Mayor Silvia announced that the City Council would convene into executive session pursuant to
Sections 551.071, 551.072, 551.074, 551.086, 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 a public
officer, economic development negotiations, and competitive matters. Council returned to
executive session at 11:04 p.m. on Thursday, March 13, 2003.
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Council Meeting 3/13/03 Page 11
Re2ular Aunda Item No. 14 Final action on executive session, if necessary.
Council concluded its executive session at 1:05 a.m. on Friday, March 14, 2003. They returned
to open session. No action was taken.
Re2ular Agenda Item No. 15 Adiourn.
Mayor Pro Tem Massey moved to adjourn the meetings at 1:05 a.m. Council member Mears
seconded the motion, which carried unanimously, 5-0 with Council member Hazen and Garner
absent.
PASSED AND APPROVED this 27th day of March, 2003.
APPROVED:
May r Ron Silvia
ATTEST:
City Secretary Connie Hooks
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