HomeMy WebLinkAbout10/09/2003 - Regular Minutes City CouncilCollege Station, Embracing the Past,
Exploring the Future
Mayor
Ron Silvia
Mayor Pro Tempore
Anne Hazen
City Manager
Thomas E. Brymer
City Council
James Massey
John Happ
Robert Wareing
Scott Mears
Dennis Maloney
Minutes
College Station City Council
Workshop Meeting and Regular Meeting
Thursday, October 9, 2003 at 3:00 p.m. and 7:00 p.m.
City Hall Council Chamber, 1101 Texas Avenue
College Station, Texas
COUNCIL MEMBERS PRESENT: Mayor Pro Tem Hazen, Council members Massey,
Maloney, Wareing, Mears, Happ
COUNCIL MEMBERS ABSENT: Mayor Silvia
STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney
Cargill, Jr., City Secretary Hooks, Assistant City Secretary Casares, Fiscal Services Director
Cryan, Director of Budget and Strategic Planning Kersten, Director of Public Works Smith,
Director of Development Services Templin, Director of Office Technical and Information
Services Burnside, Public Communications and Marketing Nugent
Mayor Pro Tem Hazen called the workshop meeting to order at 3:00 p.m.
Workshop Agenda Item No. 1 -- Discussion of consent agenda items listed for Regular
Council Meeting
12.6 — RFP 03 -42 — Discussion and possible action on collection Agreement (s) for delinquent
accounts for Utilities, Municipal Ambulance service, Municipal Court Fines /Fees, and other
miscellaneous revenue.
Purchasing Services Manager Cheryl Turney described the difference between the two
agreements with American Municipal Service Corporation.
12.9 — Discussion and possible action regarding City of College Station ordinance restricting the
duration of carnivals, sideshows, menageries, and special events.
Assistant City Manager Glenn Brown explained that staff has communicated with Post Oak Mall
Assistant General Manager, Matthew Holligan regarding their request to allow carnivals,
sideshows, menageries and special events to operate the greater of 150 hours or 15 days per
calendar year. Currently, the ordinance states the greater of 120 hours or 10 days of operation
per calendar year.
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Workshop Agenda Item No. 2 -- Presentation, discussion and possible action regarding the
agcc uisition of certain properties for the Bee Creek Channelization Project.
Director of Public Works Mark Smith noted that the Bee Creek Channelization project was
designed to reduce flood damage by increasing the capacity of Bee Creek main channel from
Texas Avenue upstream to Southwest Parkway and Bee Creek Tributary B from its confluence
with Bee Creek Main Channel upstream to Harvey Mitchell Parkway. The Federal Emergency
Management Agency (FEMA) has issued a Conditional Letter of Map revision and an Individual
404 permit has been issued by the USAGE. Ten parcels of property are needed for the widening
of the channel for a consistent width. Staff recommended obtaining properties outright rather
than normal drainage easements. No formal action was taken.
Workshop Agenda Item No. 5 -- Presentation, discussion and possible action regarding the
status of the joint health insurance proposal.
Human Resources Director Julie O'Connell noted that city staff has spent the past month with
other local entities on the matter of a joint health insurance proposal. Thirty -one proposals were
received. Ms. O'Connell described the review of proposal process and the meeting dates
discussing the proposal with the three entities.
No formal action was taken.
Workshop Agenda Item No. 3 -- Presentation, discussion and possible action on revising
the format for City Council agenda coversheets.
Budget and Strategic Planning Director Jeff Kersten remarked that the purpose of revising the
coversheet format was to provide a more concise explanation of the item and to further
streamline the agenda preparation process. Mr. Kersten described and reviewed the proposed
coversheets.
After a brief discussion, the consensus of the City Council was to have staff decide the
appropriate coversheet that is workable throughout the City.
Workshop Agenda Item No. 4 -- Presentation, discussion and possible action on the
quarterly evaluation of City Council appointed boards and commissions and preparation
for City Council mid -year retreat.
City Manager Tom Brymer remarked that at the City Council strategic planning retreat, the
Council directed staff to schedule regular opportunities for Council discussion of the scope and
responsibilities of the various boards and commissions operating and reporting to the Council.
The City Council also directed staff to hold a mid -year City Council retreat.
After a brief discussion, Council suggested January 2004 for a mid -year retreat. Also, Council
suggested the following items for discussion at the mid -year retreat:
• Discussion of redevelopment areas and city initiated rezoning — primarily areas that are
used for multi - family now
• Economic Development Plan
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• Public art at City Facilities
• Policy pertaining to free standing billboards
• Discussion of user fee policy — Including Development Services Fees, and Cemetery Fees
• Roberts rules of order
• Space and lots for Habitat for Humanity
• Discussion of Spring Creek Business Park
• Development of a collector road from Wellborn Road to South College Avenue along
north city limits. (Northgate area)
City Manager Brymer remarked that this agenda item will allow for a workshop discussion of
evaluation of any or all of the City's boards and commissions.
Council member Happ suggested the chairman of the boards and commissions give a brief report
at the mid council retreat.
Workshop Agenda Item No. 6 — Presentation, discussion and possible action on the
appointment of a City of College Station liaison to the Texas A &M University Student
Senate.
After a brief discussion, the City Council will rotate in attending the Texas A &M University
Student Senate. Also, council directed the City Secretary Connie Hooks to provide the City
Council with a Student Senate Meeting rotating schedule.
Workshop Agenda Item No. 7 — Discussion and possible action on future agenda items.
Council member Happ requested a future agenda item on sustainability.
City Manager Brymer noted that staff is working on a tour of current city projects and Habitat
for Humanity projects.
Workshop Agenda Item No. 8 -- Council Calendars
2003 Council Meeting dates
Council Planning Calendar as of October 9, 2003
October 7 Transportation Committee Meeting, 5:00 p.m. City Hall
October 9 City Council Workshop and Regular Meeting
October 15 "Exploring College Station History" featuring former Mayor Gary Halter, 11:30
a.m., CS Conference Center
October 15 Research Valley Partnership Board of Directors Meeting, 3:00 p.m.
October 16 2003 Youth Career Fair, Reed Arena
October 18 City of College Station 65 Birthday Tree Planting
October 19 City of College Station 65 Birthday Main Event VIP Reception, 1:00 p.m., P.
David Romei Arts Center
Council reviewed the upcoming calendar events.
Workshop Agenda Item No. 9 -- Executive Session
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At 4:28 p.m. Mayor Pro tem Hazen announced in open session that the City Council would
convene into executive session pursuant to Sections 551.071, 551.072 and 551.087 of the Open
Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated
litigation, to consider the purchase of real property, and economic development negotiations.
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. Cause No. GN300714, Travis County — TMPA v. PUC and City of Bryan (intervention)
21. Case No. 03 -02- 00462 -CV, Court of Appeals —TMPA v. PUC (continued intervention)
22. Case No. 03 -02- 00701 -CV, Court of Appeals — TMPA v. PUC (continued intervention)
23. 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
24. Docket No. 25197, Public Utility Commission — College Station request to set rates.
25. Docket No. 25395, Public Utility Commission — College Station (intervention)
26. Docket No. 26950, Public Utility Commission — College Station (intervention)
27. PUC Project No. 21927 — College Station request to maintain current certification
28. Cause No. 52,434 -361, Brazos County — College Station v. Wolf Pen Creek, Ltd., et al.
29. Case No. G -02 -108, U.S. District Court — Lester v. College Station and Piersall.
30. Causes No. 02- 001154- CV -85; Brazos County — Municipal Drilling vs. College Station
31. Cause No. 02-001291-CV-361, Brazos County — Piersall v. College Station and Feldman
32. 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
33. Cause No. 03- 000617 -CV -272, Brazos County — TCA Holdings, et al. v. College Station
34. Cause No. 03- CV- 129115, Fort Bend County — College Station v. Contract Land Staff,
Inc.
35. TCEQ Docket No. 2002 - 1147 -UCR; Applications of Brushy Water Supply and College
Station (Westside /Highway 60)
36. TCEQ Docket No. 2003- 0544MWD; Application of Nantucket, Ltd.
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37. TXU Lone Star Gas Rate Request.
38. Wellborn Special Utility District, Cease and Desist
39. McDougal Claim.
40. Marble -Craft Litigation Settlement — Lease Issues
1. Office Building/ Performing Arts Center/ Hotel- Conference Center
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Economic Incentive Negotiations { Gov't Code Section 551.087 }; possible action
The City Council may deliberate on commercial or financial information that the City Council
has received from a business prospect that the City Council seeks to have locate, stay or expand
in or near the city with which the City Council in conducting economic development
negotiations may deliberate on an offer of financial or other incentives for a business prospect.
After executive session discussion, any final action or vote taken will be in public. The
following subject(s) may be discussed:
2. Proposal for development of lots 1 -11, lot 22 and block 11, Old City Hall - Boyett Addition,
generally located at the northeast corner of Church Avenue and Wellborn Road
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. Property for future cemetery, parks and other public uses located southeast of the Wellborn
community and northwest of the Millican Community in Brazos County.
2. SH 40/ Greens Prairie Road intersection realignment right -of -way acquisition
3. Property for Bee Channelization project -- 0.042 acre tract -- Part of Lot 9, Block 1 -- Camelot
Addition Section 3
4. Rock Prairie waterline easement acquisition -- 20 -foot easement in the Thomas Caruthers
League
Workshop Agenda Item No. 10 - Final action on Executive Session, if necessary.
Council returned from executive session at 6:29 p.m. Council member Massey approved a
settlement agreement with Mesa Marble. Council member Happ seconded the motion.
Approved 6 -0.
FOR: Hazen, Massey, Happ, Wareing, Mears, Maloney
AGAINST: None
ABSENT: Silvia
Regular Agenda
Mayor Pro Tem Hazen called the regular meeting to order at 7:03 p.m. She led the audience in
the pledge of allegiance. Deacon Ted Baker from St. Thomas Aquinas Catholic Church provided
the invocation. Council member Maloney moved to approve the absence request from Mayor
Silvia. Council member Massey seconded the motion, which carried unanimously, 6 -0.
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FOR: Hazen, Massey, Happ, Wareing, Mears, Maloney
AGAINST: None
ABSENT: Silvia
Mayor Pro Tem Hazen presented the proclamation for the City of College Station 65 Birthday
to the Historic Preservation Committee Members and Parks and Recreation Director Steve
Beachy.
Mayor Pro Tem Hazen presented the proclamation for Fire Prevention Week to Public Education
Officer Cindy Giedraitis and Assistant Fire Chief - Operations Eric Hurt of the College Station
Fire Department.
Mayor Pro Tem Hazen presented the proclamation for Lights on after School to Lance Jackson
and Neal Donovan of Lincoln Center.
11.1 Hear Visitors
Frank Da Conturbia, 2011 Langford, addressed the Council regarding Bee Creek Combined
Channel Improvements. Mr. Da Conturbia expressed safety issues regarding the hike and bike
trails being close to the homes in the area.
Christopher Foust, 1003 Walton Drive, addressed the Council regarding sustainability in College
Station.
Monica W. Cook, 2013 Langford, addressed the Council regarding the Bee Creek Combined
Channel Improvements. Ms. Cook requested no public access between the creek and the homes
along Langford.
Nancy Spoede, 1709 Glade Street, expressed concerns with a hike and bike trail being close to
the back of the homes along the channel.
Ray Torres, 2009 Langford, spoke in opposition to the Bee Creek Channel Improvements
project.
Consent Agenda
12.1 Approved by common consent minutes for the workshop and regular meeting of August
28, 2003 and special meeting of September 25, 2003.
12.2 Bid No. 01 -97 — Approved by common consent the renewal agreement with National
Tree Expert Company for electric system tree trimming contract, an estimated annual
expenditure of $268,624.00.
12.3 Bid No. 03 -110 — Approved by common consent the award of an annual price agreement
for various street materials to Young Contractors, in the amount not to exceed $340,950.
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12.4 Bid No. 03 -114 — Approved by common consent the purchase of three (3) electrical
substation breakers for a total expenditure of $64,935.00.
12.5 Contract No. 03-138 — Approved by common consent Resolution No. 10 -9- 2003 -12.05
approving a professional services contract with Freese & Nichols, Inc. to provide survey,
design and construction document preparation services for the Water Service Extension
Project in the amount of $407,000.00. Council member Happ abstained from this item.
12.6 RFP 03 -42 — Approved by common consent the Collection Agreement (s) for delinquent
accounts for Utilities, Municipal Ambulance Service, Municipal Court Fines /Fees, and
other miscellaneous revenue.
12.7 Approved by common consent the renewal of an annual agreement with Clean Harbors
Environmental Services for the collection and disposal of Household and Hazardous
Waste Collection and Disposal Services for an annual estimated expenditure of
$ 125,908.80.
12.8 Approved by common consent on ratifying Change Order #2 to the L.D. Kemp
Excavating, Inc., BVSWMA Landfill Cell Construction Contract in the amount of
$30,266.85.
12.9 Approved by common consent Ordinance No.2670 restricting the duration of carnivals,
sideshows, menageries, and special events.
12.10 Approved by common consent an oversize participation request for increased cost for the
construction of a 10 and 12 -inch diameter sanitary sewer line within Edelweiss Gartens
Phase 5 in the amount of $33,159.50.
12.11 Approved by common consent Resolution No. 10 -9- 2003 -12.11 appointing election
officials to serve in the November 4, 2003 City of College Station general obligation
bond election and charter amendment election.
12.12 Approved by common consent Resolution No. 10 -9- 2003 - 12.12 -A and Resolution No.
10 -9- 2003 - 12.12 -B of the City of College Station, Texas, determining a public necessity
to acquire certain easements; giving notice of an official determination to acquire
property for the Rock Prairie Road Water Line Project; and establish procedures for the
acquisition of easements.
12.13 Approved by common consent oversize participation (OP) request for increased cost for
the construction of Decatur Drive within Shenandoah Subdivision Phase 9 in the amount
of $13,313.00.
12.14 Approved by common consent oversize participation (OP) request for increased cost for
the construction of a 12 -inch diameter water line along Decatur Drive in Shenandoah
Subdivision Phase 9 in the amount of $15,086.75.
12.15 Approved by common consent Resolution No. 10 -9- 2003 -12.15 for the Comprehensive
Selective Traffic Enforcement Program grant contract for fiscal year 2004.
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12.16 Approved by common consent oversize participation request for increased cost for the
construction of Victoria Avenue within Westfield Village Phase 6 in the amount of
$10,367.00.
12.17 Approved by common consent oversize participation (OP) request for increased cost for
the construction of a 12 -inch diameter water line along Victoria Avenue Westfield
Village Phase 9 in the amount of $7,780.00.
12.18 Contract No. 03 -218 — Approved by common consent Resolution No. 10 -9- 2003 -12.18
approving professional services contract in the amount of $150,000.00 with Pledger
Kalkmey, Inc. to design new roadways water, sewer and storm drain infrastructure in the
30/60 area.
12.19 Approved by common consent Resolution No. 10 -9- 2003 -12.19 of the City of College
Station, Texas, determining public necessity, giving notice of said determination and
establishing procedures for the acquisition of certain properties for the Bee Creek
Channelization Project.
Regular Agenda
g_ egular Agenda Item No. 13.1 -- Public hearing, discussion and possible action on a
rezoning for 15.016 acres, generally located 2,025 feet to the south of Graham Road along
the east side of Wellborn Road, from A -O Agricultural Open to R -1 Single - Familv
Residential.
Director of Development Services Kelly Templin noted that the applicant requested the rezoning
to develop the property as a residential subdivision. He described the subject property location
and the property is in compliance with the Land Use Plan.
The Planning and Zoning Commission and staff recommended approval.
Mayor Pro Tem Hazen opened the public hearing. No one spoke. Mayor Pro Tem Hazen closed
the public hearing.
Council member Wareing moved to approve Ordinance No.2671 rezoning 15.016 acres,
generally located 2,025 feet to the south of Graham Road along the east side of Wellborn Road,
from A -O Agricultural Open to R -1 Single- Family Residential. Motion seconded by Council
member Mears, which carried unanimously, 6 -0.
FOR: Hazen, Massey, Happ, Wareing, Mears, Maloney
AGAINST: None
ABSENT: Silvia
Regular Agenda Item No. 13.2 -- Public hearing, discussion and possible action on a
rezoning from A -O Agricultural Open and R -1 Single- Family Residential to A -P
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Administrative Professional and R -1 for the Henry Kapchinski property, 20.82 acres
located at the southern corner of North Forest Parkway and the Earl Rudder Freeway
frontage road.
Director of Development Services Kelly Templin remarked that the applicant requested the
rezoning to facilitate an office development on 5.221 acres lying along the frontage of the Earl
Rudder Freeway frontage road, and a single- family development of the remaining 15.598 acres.
Staff recommended approval of the rezoning with the condition that the floodplain not be
rezoned.
Mayor Pro Tem Hazen opened the public hearing. No one spoke. Mayor Pro Tem Hazen closed
the public hearing.
Council member Maloney moved to approve Ordinance No. 2672 with a condition that the
floodway /floodplain not be rezoned. Motion seconded by Council member Massey, 6 -0
FOR: Hazen, Massey, Happ, Wareing, Mears, Maloney
AGAINST: None
ABSENT: Silvia
Regular Agenda Item No. 13.3 -- Discussion and possible action on a resolution of the City
Council supporting the Dassage of the City of College Station general obligation bond
authorization election called for November 4, 2003.
Director of Fiscal Services Charles Cryan remarked that the resolution indicates the Council's
support for all of the propositions included in the general obligation bond election. Mr. Cryan
presented a video to be used to inform the citizens on each bond propositions.
Council member Mears moved to approve Resolution No. 10 -9 -03 -13.3 supporting passage of
the City of College Station General Obligation Bond election held on November 4, 2003.
Council member Happ seconded the motion, which carried unanimously, 6 -0.
FOR: Hazen, Massey, Happ, Wareing, Mears, Maloney
AGAINST: None
ABSENT: Silvia
Sherry Ellison, 2705 Brookway Drive, addressed the council expressing support of the
propositions and asked the citizens of College Station to study the bond propositions and vote on
November 4, 2003.
Christopher Foust inquired about sustainability in the City Centre design.
Council member Mears moved to approve Resolution No. 10 -9 -03 -13.3 supporting passage of
the City of College Station General Obligation Bond authorization election on November 4,
2003. Council member Happ seconded the motion, which carried unanimously, 6 -0.
%kW FOR: Hazen, Massey, Happ, Mears, Maloney
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AGAINST: None
ABSENT: Silvia
jgu1ar Agenda Item No. 14 -- Discussion, review and possible action regarding the
following meetings: Brazos County Health Department, Brazos Animal Shelter, Brazos
Valley Council of Governments, Capital Improvement Program Citizen Advisory
Committee, Cemetery Committee, College Station Business Development Corporation,
Facade Improvement Program Advisory Committee, Historic Preservation Committee,
Intergovernmental Committee, Joint Relief Funding Review Committee, Library
Committee, Metropolitan Planning Organization, Parks and Recreation Board, Planning
and Zoning Commission, Sister City Association, TAMU Student Senate, the Research
Valley Partnership, Transportation Committee, Wolf Pen Creek Oversight Committee and
Zoning Board of Adiustments. (See attached posted notices for subject matters)
Council member Maloney requested that the International Festivals Committee be added to
committee reports.
Council member Happ presented highlights of the Washington D.C. meetings.
Council member Massey noted that the Intergovernmental Committee meeting date was changed
to October 21, 2003. Also, the Intergovernmental Committee and CSISD meeting will be held
on October 24, 2003. Council member Massey conveyed positive comments regarding the
Student Senate meeting.
Regular Agenda Item No. 15 -- The City Council may convene the executive session
following the regular meeting to discuss matters posted on the executive session agenda for
October 9, 2003.
The executive session concluded prior to the regular meeting.
Regular Agenda Item No. 16 -- Final Action on executive session, if necessary.
No action was taken.
jgu1ar Agenda Item No. 17 -- Adjourn.
Hearing no objections, the meeting adjourned at 8:06 p.m. on Thursday, October 9, 2003.
PASSED and APPROVED this 8 day of January, 2004.
APPROVED:
City Secretary Connie Hooks
Mayor : • n Silvia
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City of College Station Council Regular Meeting
October 9, 2003
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