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HomeMy WebLinkAbout10/12/2000 - Regular Minutes City CouncilMINUTES Page 1 of 8 Mayor Lynn Mcllhaney Mayor Pro Tempore Larry Mariott City Manager Thomas E. Brymer City Council James Massey Ron Silvia Winnie Garner Dennis Maloney Anne Hazen MINUTES College Station City Council Workshop and Regular Meetings Thursday, October 12, 2000, at 3:00 p.m. and 7:00 p.m. City Hall Council Chambers COUNCILMEMBERS PRESENT: Mayor Pro Tem Mariott, Maloney, Silvia, and Garner COUNCILMEMBERS ABSENT: Mayor Lynn McIlhaney, Hazen and Massey STAFF PRESENT: City Manager Brymer, Assistant City Manager Brown, City Attorney Cargill, Jr., Assistant City Secretary Casares, Public Relations & Marketing Manager Cole, Director of Development Services Callaway, Director of Fiscal Services Cryan, Budget Director Kersten, Public Works Director Smith, Assistant to the City Manager Brandenburg, Major Mike Patterson, Lt. Mike Mathews, Police Chief Feldman and Fire Chief Giordano Workshop Agenda Item No. 1 - Discussion of consent agenda items. No items were pulled for discussion. Workshop Agenda Item No. 2 - Presentation, discussion and possible action on a request from the Planning and Zoning Commission regarding protocol in the presentation of Commission recommendations. Karl Mooney, Chairman of the Planning and Zoning Commission presented a new protocol for addressing appeals and decisions of the Planning and Zoning Commission. He reviewed the current protocol procedures and suggested a need to improve the current procedures for review of initial plats, final plats, variances and rezoning requests. Mr. Mooney indicated that not all pertinent and necessary information is being provided to the Planning and Zoning Commission that permits the Commissioners to make decisions based on a complete understanding of the request and its impact. Mr. Mooney also discussed notes gathered from visiting with other city officials. He presented the following changes for addressing appeals and decisions of the Planning and Zoning Commission. 1. Parties having an interest in the filing, approval or denial of any conditional use permit, variance or http ://citynet/Council%20Minutes/2000/min 10-12.htm 1/6/2003 MINUTES Page 2 of 8 rezoning request must appear before the Planning and Zoning Commission to express their support or objection to said request. All information and/or supporting documents must be presented to the Planning and Zoning Commission as no other information or supporting documentation will be accepted for any subsequent deliberation. 2. Those parties who disagree with a Planning and Zoning decision or recommendation regarding an initial plat, final plat, variance or rezoning request may appeal to the City Council. An appeal must be filed with the Development and Planning Office within 30 days of the decision rendered by the Planning and Zoning Commission. Grounds for the appeal must be clearly stated and reviewed by the development and planning staff. Also, only the applicant and those who registered to speak at the related Planning and Zoning meeting may file an appeal. 3. The protocol of the appeal presentation to City Council: · A Planning and Zoning Commissioner will present the item and grounds for their discussion or recommendation to the City Council. · At the City Council request, city staff will present the facts of the appealed case. · The individual who filed the appeal will present his/her viewpoint. · A public hearing of the appeal will be heard. · Presentations made by those who supported or objected to the original request at the related Planning and Zoning Commission meeting. · Only information/documents that were submitted during the related Planning and Zoning Commission meeting may be presented at this time. · The City Council will render their decision to support the Planning and Zoning Commission recommendation (thereby denying the appeal), table the case, refer it back to the Planning and Zoning Commission, or support the appeal Mr. Mooney summarized the presentation by expressing the following points: 1. There exists a need to improve the current procedures for review of initial plat, final plat, variance, and rezoning requests. 2. Currently, not all pertinent and necessary information is being provided to the Planning and Zoning Commission that permits the commissioners to make decisions based on complete understanding of the request and its impact. 3. The Mayor and Council regularly face a long and arduous agenda. 4. The City Council's agenda may be reduced. 5. The Mayor and Council would be well served by initially learning of the request and basis for the Planning and Zoning Commissions decision from a P&Z Commissioner who has already listened to a public hearing or other public discussion about the case. 6. The rights of property owners and others who have an interest in a request to develop property or object to its development would not be reduced or imperiled. Mayor Pro Tem Mariott indicated this item would be brought back before a full Council after the Development Services staff and Legal Department has reviews the proposed protocol. No action was taken. Workshop Agenda Item No. 3 - Presentation, discussion and possible action regarding Senior Citizen Transportation Issues, as reflected in Vision Statement 6, Strategy 4a; identify strategies to provide transportation services to senior citizens. Assistant City Manager Glenn Brown reviewed Vision Statement 6, Strategy 4a and introduced Mr. John McBeth of the Brazos Transit District. http ://citynet/Council%20Minutes/2000/min 10-12.htm 1/6/2003 MINUTES Page 3 of 8 Mr. McBeth, Chief Executive Director with Brazos Transit presented an overview of the current Brazos Transit system. He described three routes systems. A fixed route, demand response and a rural system. Currently Brazos Transit provides services to 23,000 persons per month on the fixed route, 2,300 persons per month on the demand response system, and 6,100 persons per month on the rural route service. An estimated 6,000 senior citizens are served on monthly basis. The services provided to the senior citizens are general public services. Mr. McBeth pointed out that the Americans Disability Act does not allow Brazos Transit to provide charter services. In the near future additional bus stops and new routes will be added. Two of the new route will include Northgate, University Drive and College Station Industrial Park. No action was taken. Workshop Agenda Item No. 4 - Presentation, discussion and possible action on implementation of a program to address Vision Statement #3, "Clean Environment that Enhances and Protects the Quality of Life", Strategy #1 b. "Emphasize community policing partnership with code enforcement (including the use of other programs such Knightwatch)". Police Major Mike Patterson and Fire Marshall Jon Mies presented this item. Mr. Patterson explained the concept of community policing as a team effort to identify and deal with the source of a problem rather than working on the symptoms. He presented an analysis of the S.A.R.A. method and implementation to address problems. This program entails cross-training police officers in the area of code enforcement and code enforcement officers in the area of community policing. He referred to a program entitled Knightwatch. Code Enforcement officers can apply the methodology used by community policing to seek long-term solutions to code violations. He presented an analysis of the plan in terms of strengths, weakness, opportunities, and threats. In the future, communication with citizens through service organizations, neighborhood groups, business associations, should improve with this formalized method in place. No action was taken. Workshop Agenda Item No. 5 - Presentation, discussion and possible action on implementation of Vision Statement #3, "Clean Environment that Enhances and Protects the Quality of Life," Strategy #1.a. "increase noise abatement enforcement," Police Lt. Mike Matthews presented a status report on the progress of implementing a noise abatement program. Lt. Matthews explained this plan arose from complaints received from citizens regarding the problems with property damage and underage alcohol consumption. The project was implemented in late August when these type of problems escalated. He presented an analysis of the S.A.R.A. method and implementation to address the problems. No action was taken. Workshop Agenda Item No. 9 - Executive Session At 5:10 p.m. Mayor Pro Tem Mariott announced that the City Council would convene into executive session to pursuant to Sections 551.071, 551.072, 551.074 and 551.086 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation, to discuss the purchase of real property, to consider the appointment and evaluation of public officers, and to consider economic development negotiations. http ://citynet/Council%20Minutes/2000/min 10-12.htm 1/6/2003 MINUTES Page 4 of 8 Pending and Contemplated Litigation {Gov't Code Section 551.071 } Cause No. 43,098-85, Brazos County-Bryan v. College Station Cause No. 96-03168, Travis County- Bryan, et al. v. PUC (intervention) Cause No. 97-02587, Travis County- Bryan, et al. v. PUC (intervention) Cause No. 98-13391, Travis County- Bryan, et al. v. PUC (intervention) Cause No. 96-06940, Travis County- Bryan, et al. v. PUC (intervention) Cause No. 97-07000, Travis County- TMPA v. PUC (intervention) Cause No. 98-11817, Travis County - TMPA v. PUC (intervention) Cause No. 49,367-CCL2, Brazos County- Wilkerson v. College Station Civil Action No. 01-98-01056-CV, Court of Appeals - Gold v. College Station Docket Nos. TX96-2-000 and TX96-2-001, FERC- College Station, applicant Cause No. 50,813-85, Brazos County- College Station v. Phillips Swager Associates, Inc.; et al. Real Estate {Gov't Code Section 551.072}; possible action a. Land Acquisition Option Agreement Economic Development Negotiations {Gov't Code Section 551.086}; possible action a. Business Center Personnel {Gov't Code Section 551.074}; possible action a. Evaluation of City Manager Council recessed from the executive session and returned to the workshop meeting at 5:30 p.m. Councilman Maloney made a motion to accept the option agreement for the proposed landfill site. Motion seconded by Councilman Garner, which carried by a vote of 4-0. Council recessed for a short break. Council reconvened the workshop meeting at 5'45 p.m. Workshop Agenda Item No. 8- Hear Visitors No one from the audience addressed the council. Workshop Agenda Item No. 6- Committee Reports Councilman Garner reported the Regional Planning Cooperative Committee met with the state legislators on October 11, 2000. The committee heard the legislatives issues that were significant to the seven county regions. Mayor Pro Tem Mariott reported Mr. Robert Worley, resigned as chairman of the Bryan/College Station Economic Development Corporation. The Economic Development Corporation will enter into a national search for a replacement. Mr. Frank Merka agreed to serve as acting chairman until a replacement is hired. Councilman Silvia reported the Brazos County Health Department held a joint meeting with officials from the City of Bryan, Brazos County and City of College Station. These three entities discussed measures on implementing the proposed No Smoking ordinance. A joint meeting has been scheduled for November 2, 2000 for the next Brazos County Health Department meeting. Dr. Dallas Coate, medical representative, requested a proclamation from the Brazos County Health Department supporting the no smoking ordinance. http ://citynet/Council%20Minutes/2000/min 10-12.htm 1/6/2003 MINUTES Page 5 of 8 Councilman Maloney reported the Planning and Zoning Commission held discussion on a policy increasing the flood plains and permitting on site inspections. City Manager Brymer stated the Historic Preservation Committee would be staffed by the Planning Department in the near future. Discussion was held with members of the committee and staff on the issues and concerns of implementing this change. Also, a Historic Preservation District Ordinance may be considered. Workshop Agenda Item No. 7- Council Calendars Council Workshop and Regular Meetings, 10/26 Employee Service Awards Banquet, 10/27, 6:00 p.m., Brazos Center Annual Texas Municipal League Conference, 11/14-11/18, Austin National League of Cities Boston 2000, 12/5-9 Workshop Agenda Item No. 9 - Executive Session (continuation) At 6:00 p.m. Mayor Pro Tem Mariott announced that the City Council would reconvene into executive session to pursuant to Sections 551.071, 551.072, 551.074 and 551.086 of the Open Meetings Act, to seek the advice of the city attorney with respect to pending and contemplated litigation, to discuss the purchase of real property, to consider the appointment and evaluation of public officers, and to consider economic development negotiations. http ://citynet/Council%20Minutes/2000/min 10-12.htm 1/6/2003 MINUTES Page 6 of 8 Regular Meeting Mayor Pro Tem Mariott opened the regular meeting at 7:02 p.m. He led the audience in the pledge of allegiance. Rev. Kathleen Ellis, Unitarian Universalist Fellowship provided the invocation. Councilman S ilvia made a motion to approve the absence request from Mayor McIlhaney, Councilmembers Hazen and Massey. Motion seconded by Councilman Maloney, which carried unanimously, 4-0. FOR: Mariott, Maloney, Garner and Silvia AGAINST: None Mayor Pro Tem Mariott and Athletic Events Supervisor Tony Scazzero presented the following awards: TAAF Male Athletic of the Year to Sean O'Shea TAAF Female Athletic of the Year to Stacie O'Shea Region 5 Athletic of the Year Award to Sean and Stacie O'Shea Parks Award to Steve Beachy and Linda Waltman Trish Burk, Executive Director of B/CS Habitat for Humanity presented a plaque to the City of College Station for their commitment and dedication to the goal of eliminating poverty housing and improving the quality of life for all residents of the Bryan and College Station through their participation in the Community Cares Program 2000. Consent Agenda 12.1 Approved by common consent the minutes for City Council workshop and regular meeting on September 28, 2000. 12.2 Bid No. 99-05 - Approved by common consent the renewal of annual agreement for Truck Parts. Awarded contract renewal to Truckmotive, Inc. for annual estimated expenditures of $39,500. Purchases are made through an inventory account and charged back to the various departments as used throughout the term of the agreement. 12.3 Bid No. 00-07 - Approved by common consent the renewal of annual agreement for Automotive Parts. Awarded contract renewal to Brazos Parts Warehouse for annual estimated expenditures of $35,000. Purchases are made through an inventory account and charged back to the various departments as used throughout the term of the agreement. 12.4 Bid No. 00-119 - Approved by common consent a contract for Lawn Maintenance Services at the Water Production and Wastewater Treatment Facilities. Awarded to the lowest, responsible bidder meeting specifications, Johnson Lawn Service, for an estimated annual expenditure in the amount of $27,720. Funds available and budgeted in the Water and Sewer Funds. 12.5 RFP No. 98-38 - Approved by common consent a renewal for professional auditing services. Awarded contract renewal with Ingram, Wallis and Company for estimated expenditure of $70,000 for the fiscal year ending September 30, 2000. Funds available and budgeted in the City's General Fund. 12.6 Approved by common consent a change order for Legal Services with Robert D. Fowler in the http ://citynet/Council%20Minutes/2000/min 10-12.htm 1/6/2003 MINUTES Page 7 of 8 amount of $75,000 for Brazos Valley Solid Waste Management Agency (BVSWMA). Funds available and budgeted in the BVSWMA Operating Budget. 12.7 Approved by common consent ratifying an amendment agreement to pay for the City's portion of the Management/Market Study of the Convention and Visitors Bureau, in the amount of $39,150. Funds available in the Hotel Motel Tax Fund and appropriated in FY 2000. 12.8 Approved by common consent adoption of a City Theme as part of the City's Marketing Plan. (Strategic Issue #9: Communication with Citizens; Vision Statement #5, Strategy #2) 12.9 Approved by common consent a resolution approving the Brazos County Emergency Communications District Budget for FY 2001. 12.10 Approved by common consent a payment to the Bryan-College Station Economic Development Corporation in the amount of $50,000.00 for the City's annual contribution of matching funds to the Development Fund for economic incentives. Funds available and budgeted in the Economic Development Fund. 12.11 Approved by common consent ratifying the purchase of potable water, transferred from the City of Bryan through the interconnection between the municipal water distribution systems located on Tarrow Drive in accordance with LGC 252.022(a)(2) a procurement necessary to preserve the public health or safety of the municipality's residents. Estimated expenditure to the City of Bryan is $115,000.00. Funds available in the Water Fund. 12.12 Approved by common consent a resolution approving an Intersection Traffic Control Grant - Texas Department of Transportation Selective Traffic Enforcement Program grant contract for fiscal year 2001. 12.13 Approved by common consent a resolution approving the Safe and Sober Selective Traffic Enforcement program (STEP) grant for fiscal year 2001. 12.14 Approved by common consent a resolution authorizing condemnation procedures to acquire certain property for the Graham Road Widening project. Funds for right-of-way acquisition are available and budgeted in Capital Improvement Funds, Street Projects. 12.15 Approved by common consent the renewal of two utility easements located on the Texas A&M University System property located in the FM 2818 right-of-way. 12.16 Approved by common consent four Subordination of Lien documents subordinating the city's lien position on Rental Rehabilitation properties. 12.17 12.18 Approved by common consent authorization to transfer of City of College Station property currently housing the Texas A&M Water Well 7 to Texas A&M University in accordance with contractual terms and conditions set forth by an Agreement dated November 8, 1978. Presentation, discussion and possible action on the adoption of a resolution changing the EMS transport fees charged by the College Station Fire Department. The fee increases recommended by the Fire Department along with the council directed administrative fees are included in the http ://citynet/Council%20Minutes/2000/min 10-12.htm 1/6/2003 MINUTES Page 8 of 8 resolution as per City Council September 28, 2000. Staff removed this item to clarify the wording in the resolution-referencing item P. Resolution No. 10-12-00-12.18 and Ordinance No. 2475 were approved by common consent. Regular Agenda Regular Agenda Item No. 13 - Public hearing, discussion, and possible action on an ordinance rezoning approximately 1.7 acres located at 4004 Harvey Road; from A-O Agricultural Open to C-B Business Commercial. This item was removed from the agenda and will be placed on a future agenda. Regular Agenda Item No. 14 -- The City Council may convene the executive session following the regular meeting to discuss matters posted on the executive session agenda for 10/12/2000. The following action was taken from the executive session held earlier in the meeting. Councilman Maloney made a motion to increase the City Manager salary to $125,000 annually. Also to contribute $9,000 annually to his deferred compensation plan and car allowance will remain the same, effective October 29, 2000. Motion seconded by Councilman Silvia, which carried unanimously, 4-0. FOR: Mariott, Maloney, Garner and Silvia Against: None Hearing no objections, the Workshop, Executive Session and Regular meetings were adjourned at 7:20 p.m. PASSED AND APPROVED this 26th day of October 2000. APPROVED: ATTEST: City Secretary Connie Hooks O: group/council/min 10-12-00. doc Mayor Lynn McIlhaney http ://citynet/Council%20Minutes/2000/min 10-12.htm 1/6/2003